wm >hii:'f' m ihU ffi; mm' i .Ho ^^.^v^ . 4 o * Q k> o « O '^-^ . lA L I It ■^ the 3 Years income 2700 The fees of 3 Commissions 1200 The Jersey Gratuity ^5 1400 ^ 3000 After this I need not say that after 3 Years service I have not got a step forward towards retrieving my first Expence : & this is not owing to any miscalculation mismanagement or disappointment but only to the uncommon accident of having so many Commissions to sue out in so short a time. Pardon me my Good Lord for being so explicit on this subject : It is only to apologise for a request (as I have too often occasion to do) which I have to make that your Lord- ship would be so good to advise M^ Pownal to whom I have wrote on this Subject whether it may not be proper to petition the Lords of the treasury for a grant on this uncommon occasion ; to what may be urged in my favor on this Subject, may be added my Service at the Indian treaty at Easton, which produced immediately the surrender of Pittsburg & * This is a mistake for 2400, but the manuscript is clearly 1400. PROVISION FOR CHILDREN 25 soon after the entire reconcilation of the 6 Nations. I have learnt to set a value upon this service, from the great Com- pliments I have rec*^ on this Occasion; but never expected a particular reward nor should have mentioned it in that light otherwise than a make weight to another request. If their Lordships of the treasury will be pleased to grant me ^800 (being the fees of two Commissions) they will amply reward me ; if they will grant me "^500 or 400 I Shall be quite satisfied & thankfull. If this Applicasion Should be approved of, I have desired MF Pownall to communicate this request to my Lord Halifax, but I did not care to write to him my self, till I was better satisfied about the reasonableness & practability of my request. I am Lord Barrington GOVERNOR BERNARD TO LORD BARRINGTON 1 Boston Mar 3. 1761 My Lord As I am well assured that all my honest endeavours to provide for my children will have your Lordships approba- tion, & assistance too, when it shall be advisable, I need make no Apology for the enclosed. It is the Copy of a memorial which I have sent to M"^ Pownall to be laid before my Lord Halifax : at the same time I wrote to my Lord to desire his favorable acceptance of it. And I now am to desire your Lordships kind interposition on behalf of my request, which is sufficiently explained in the memorial. I think, I have before informed your Lordship, that I con- sidered the opportunities I should have of placing out my ^"Bernard Papers," vol. i (Letter Book), p. 302. 26 BARRINGTON-BERNARD CORRESPONDENCE Sons among the chief advantages arising from my removal to Boston. This Government the worst supported, considering its importance & trouble, of any in the Kings gift, in its cer- tain income does not exceed New Jersey by more than ^300, which is not much more than the difference of the expence of living at one & the other. The opportunities of placing out my Sons now I survey them, I find but few : the Naval office is much the best & is an handsome provision for a per- son that executes it himself. Your Lordship will recollect that I've before intimated my desire to have my eldest son settled in business in England : and I do not now mean to determine against it. But it must be observed that His appointment is to be partly reversionary : and We may have 5 years before We shall be obHged to deter- mine. If in that time, He should have an opportunity of engaging in better business, he may quit this ofiice to my second son, who will then be of full age & well qualified for the office. The latter I am now going to put to a Merchant in this tov n, having given him as much school learning as the Way of live he is designed for will require. As my two eldest Sons are so much further advanced in life than the rest of my children. It is much my desire to see them well settled in life. For then I shall have provided natural guardians for the rest of my children, in case I should be called away. For this reason I shall in general, prefer such means for their advancement as are capable of the quickest Maturity. The subject of my present request will fully answer that purpose for one of them. I am Lord Barrington. MONEY MATTERS 27 LORD HARRINGTON TO GOVERNOR BERNARD » Cavendish Square 6*'' June 1761. Dear Sir I have received so many different letters from you & at so many different times, that I am at a loss which to answer first : but, I must begin, previously to every thing else, with entreating you to pardon my long silence, which admits of no excuse : I will not attempt any, but throw myself entirely on your indulgence, and hasten to Subjects less disagreable & disgraceful to me. I am happy to find that Boston continues agreable to you & M''^ Bernard. It is very convenient that Governors should be satisfied where they are, since a removal is so very expen- sive. I have made enquiries whether any allowance could be made by the Government here in consideration of the expence you have been at, and particularly of the enormous fees paid on the passing of your Patents. I have talk'd to the Duke of Newcastle on this Subject, but I find nothing can be obtain'd; whatever is paid on such occasions, must come out of the Civil List, a fund consider- ably lessened by the King's moderation when it was settled, and his bounty since : besides great apprehensions of the danger of making a precedent. I should think your best way would be, to get your case properly represented to the Assembly. I lost no time in solliciting the business contain'd in your Letter of the 3*^ of March; and my endeavours should not have been spared, if I had found a possibility of success; but the Office was renewed before Lord Halifax left the ^"Bernard Papers," vol ix (Correspondence), p. 209. 28 BARRINGTON-BERNARD CORRESPONDENCE Board of Trade, and he had left it near a month before I received your Letter on this subject. In a former Letter I returned you my best thanks, and my brother's, for the kind present of excellent Fish which you sent us ; I take leave to repeat my acknowlegments for it, and for every other mark of your remembrance. Monsieur Bussy the French Minister, arrived here a few days since, and he is treating the British part of the general peace, with our Ministers : hitherto that negociation has not made any great progress ; but, I have good hopes this Summer will not pass over without giving that repose to Europe, to which it has now been too long a Stranger. We expect every day to receive an account of the reduction of Belleisle. We are all extremely obliged to M^ Bernard for her kind remembrance of us, and we all join in our best compliments to her and you. I am with great truth & regard Dear Sir Your Excellency's most humble & most obedient Servant Barrington His Excellency Governor Bernard THE NAVAL OFFICE 29 GOVERNOR BERNARD TO LORD BARRINGTON/ Boston. June 6, 1761 My Lord I take the first oppertunity to congratulate your Lordship on your advancement to the treasury, which as it adds to your Dignity, will, I presume, also contribute to your ease ; at least, in comparison to your former Employ, I must also beg the favor of your Lordships Mediation, to present Our Comphments to Mf Sh. Barrington & Lady Diana, & to assure them that we wish them all possible happiness; which We persuade ourselves, .that We can, without running any risk of being thought false prophets, allmost positively assure to them. I wrote to your Lordship the beginning of March last on the Subject of the Naval Ofi&ce of this province, desiring your Lordships Assistance to get Executed an agreement between me & MF Pemberton to get a Grant of that office (by sign Manual) to him & my Eldest son Jointly. Whilst we were sending these papers from hence, A sign Manual of the Office to him alone passed at London & was received by him to day. He is notwithstanding, desirous not to carry this into execu- tion, but to wait for the Joint Appointment, which we have requested, He is wilUng that the Governor should be more intrested in the Ofi&ce than he has hitherto been, being sen- sible that it will turn out to his advantage so as to ober balance the concssions made to my son, He has therefore proposed to let the present Sign Manual He dormant, in Expectation of another according to our Joint request As this business is now become only an affair of consent of parties, I hope there will be no great Difl&culty in it: The * "Bernard Papers," vol. i (Letter Book), p. 313. 30 BARRINGTON-BERNARD CORRESPONDENCE settlement of it upon the terms proposed, altho' of no imme- diate advantage to my family, I consider as a considerable Security in Case of Accident, I have many things to write to your Lordship upon : which I wont anticipate : as sufficient to the letter is the trouble thereof. I am with the greatest gratitude & respect. The R? Honble Lord Viscount Barrington.) My Lord &c GOVERNOR BERNARD TO LORD BARRINGTON ^ Boston Aug^*^ lo. 1761 My Lord When I first arrived at This Town I received from your Lordship a recommendation of MF Barrons Collector of this Port; upon which I assured him that I should take a pleas- ure in obeying your Lordships commands by serving him I soon found that the best service I could do him would be to advise hir.. concerning his public conduct; & the duty of my Office making it quite necessary, I was soon given to understand that I had so far incurred his displeasure, as to be thought deserving a formal opposition to me & my Govern- ment. The injuries and insults I have received from him & his party make apart of a long story which has been already communicated to Lord Hahfax & Secretary Pownall ; & must now if it has not Already, be made public. I should not have troubled your Lordship on this Subject if It could have been avoided. But M Lechmere the Sur- veyor General having Suspended Mr Barrons from his Office, & having sent away the articles exhibited against him together the proofs taken in support of them, as also some fresh charges 1 "Bernard Papers," vol. ii (Letter Book), p. 2. THE BARRON S INCIDENT 31 to the commisioners of the Customs; & having prepared another set for the Lords of the Treasury I find this business must come before your Lordship in your pubHc character ; & therefore beg leave to use the access your Lordships has allowed me to have to your private station I have wrote so much upon this subject that I am quite tired of it; but if I was ever so much disposed to write on, I could not give your Lordship a better information of the part I have acted, than by the copies inclosed. The I is a Copy of my declaration by way of Evidence, which is among the proofs. The II is a Copy of a letter I wrote to Lord H. As this contains Uttle more than plain Narrative, I presume I am not wrong in sending this Copy to your Lordship. If there is any danger of my being blamed for it, your Lordship will keep it to your self. The III is a copy of a letter I now write to the Lords of trade. The subject matter would have made it more properly addressed to the Lords of the treasury, if the regulation of My Correspondence had not directed me to apply myself to the Lords of Trade, your Lordship will consider this as designed only for your own private informa- tion, untill It shall be formally transmitted from the board of trade. Among the papers sent by Mr Lechmere (Copies of which I have sent to the board of trade) you will find agood deal more matter than what I now trouble your Lordship with. Ever since the commencement of these disturbances which is now near 12 months I have been ready & desirous to take hold of every oppertunity that offered to compose these troubles but have not been able to do any thing towards it The defence of my self & my Authority as well as of the Court of Admiralty & the Custom house, has found me full employment. 32 BARRINGTON-BERNARD CORRESPONDENCE A few weeks ago some Gentlemen applied to me in behalf of M' Barrons, desiring I would intervene in his favor. I told them that the actions he had brought against MF Lech- mere M' Craddock & Mr Paxton were such open acts of his setting at defiance the King Authority under which he was placed by his office, that I could do him no service, whilst he persisted in maintaining them, but If he would withdraw them, I would waive all resentment, of my own, (altho' some injuries I then mentioned them were Very fresh) & imme- diately treat with them about what could be done for MF Barrons. They used their endeavours to persuade him to comply with this preliminary, but could not prevail It has been no small part of my Concern at being thus embrangled in this dispute, that It may tend to impeach a Character which I have borne thro all my life & which I own I am proud of, that of a good natured Man. I very much regret that the unreasonable Man has made the censuring him necessary to my defence & part of my duty. Without these considerations I could wish him all the good he desires : I heartily wish he had a place of twice the Value any where else : and I have often wished that I could consistently with my duty reccommend his being restored to & continued in this. But I dare not make my self answerable for such a representation : the same prejudices passions & connexions that I have had so much reason to complain of, still seem to prevail. I shall take the first oppertunity to lay before your Lord- ship a state of the Custom house in this and the Neighbour- ing Governments ; from whence will plainly appear the Causes which have induced the Merchants of this port to be less dis- posed to Obey the Laws of Trade than they have hitherto been. The Remedies for these inconveniences will be very MONEY MATTERS 33 obvious & I hope as practicable ; & like to be attended with very good consequences. But this I must defer to a further time. I am with great respect, My Lord your Lordship's & &c &c The R? Honble The Lord Visc^ Barrington GOVERNOR BERNARD TO LORD BARRINGTON ^ Boston August 28. 1761 My Lord I am extreamly obliged to your Lordship for you kind letter of the 6''' of June : whilst I return my thanks I must again apologise for the trouble I gave your Lordship on account of the fees. I was very diffident of the propriety of the application & trusted more to your Lordships Benignity than I depended on the Singularity of the Case ; which pehaps may still have some weight, when your Lordship's kind attention to us shall favor some other request. I men- tioned to your Lordship before how Very inequal the Income of this Government was to its business & importance, with a View to excuse my self for being so Solicitous for providing for my Sons by places. To come to particulars, the Salary is 1. 000 the fees at most 100, to which if the Annual Value of the Governor's house is reckoned (which would be highly estimated at 100) the Government is worth at the most 1200 a year. As for the share of seizures which, if the Author- ity of the Custom house is maintained, would be worth reckon- ing, in the present state of the Custom house, It is a profit neither to be expected nor wished for. Nevertheless I can Assure your Lordship that I am quite pleased with my being * "Bernard Papers," vol. ii (Letter Book), p. 4. 34 BARRINGTON-BERNARD CORRESPONDENCE placed here, as the advantages I may hope to gain for my Children will make good the deficiency of the income. For these reasons I hope your Lordship will excuse me, if I still wait in expectation of a favourable Event to my request concerning the Naval Office. I wrote to your Lordship on this Subject the very day of the date of your Lordships letter now before me, wherein I informed, that M^ Pemberton had received a sign Manual, yet he was very willing to let it lye by to give me an opportunity to procure another in the manner I have proposed, being still desirous that our Agreement should be carried into Execution. I added that as this business seemed to be an affair of consent of parties, I hoped it would meet with no difficulty. That there may be no doubt in M^ Pembcrton's behalf, he proposes to write to M! Pitt to acquaint him that he has not put in execution the former Sign Manual & is very willing that another should be issued in the Manner I have desired. I shall write a short letter to Mf Pitt my self, which I beg leave to inclose to your Lordshir to be delivered to him or not as your Lordship shall Judge fit.^ My pretentions to this favor will be more effectu- ally represented by your Lordships than they can by me. I hope the expectation of the place after M^ Pemberton's death will not be thought of any great Value as to be opposed to my request ; for I can Assure your Lordship that his health & Vigour promises many more years. M'. Pemberton has brought me a letter from him to Mf Pitt, as also one to your Lordship. He has acted with great Candor in this Affair ; and I think my self obHged to him what ever the Event is. I am with great gratitude & respect. My Lord Your Lordships &c. The R* Honble the Lord Viscount Barrington) * First written "think fit." MONEY MATTERS 35 GOVERNOR BERNARD TO LORD BARRINGTON^ Castle William Sep 27. 1761 My Lord Last night I rec^ your Lordships favor ^ of the 11'^'' of July as also the duplicate of that of the 6"^ of June, the original of which I have received some time ago. Upon the receipt of the former of the 6'*' of June, I had a conversation with Mf Pemberton ; when (observing to him, that tho' he had sig- nified his consent to a joint patent by many letters wrote before he knew that a sign manual was issued to him alone, yet since that, He had only Signified such consent by a letter to M' Alderman Baker, & that probally W. Pitt would Expect a letter to himself) He wrote a letter to MF Pitt for that purpose ; ^ which together with another from MF Pemberton to your Lordship, one of mine to your Lordship, another to MF Pitt & a Copy of the memorial which I before sent to your Lordship, I enclosed in one cover & sent it en- closed again in a large packet to the Lords of Trade by the Chesterfield Man of War Cap Scaife, The Captain himself took it in charge & sailed for England sep'. 3. This contains all the papers required by your Lordship in your last, & as they go by a 50 Gun ship, I hope no inconvenience will arise from my not having provided duplicates. I was very sorry to find myself obliged to trouble your Lord- ship with the papers contained in another cover sent by the same conveyance, relating to the contest between the Mer- chants & the Custom house, But as this business must inavoid- ably come before your board, I thought it would be agreeable to your Lordship to have some preuious knowledge of the Affair I propose soon to write to your Lordship on the subject of the 1 "Bernard Papers," vol. ii (Letter Book), p. 11. * First written "letter." ' First written "subject." 36 BARRINGTON-BERNARD CORRESPONDENCE present state of the trade of this Country, possibly to more purpose than giving details of Custom house Squabbles. I have not the honor of being personally known to Mf Pitt: and it was my misfortune to be prevented paying my duty to him in person, before I left England, by his indis- position, I should think a great honour, if your Lordship would reccommend my service to him. My previous Studies in England & my attention to the Kings Service in N America, have induced me ^ to turn my thoughts upon the poHtical state of this country,^ to which my different stations have not a httle assisted.^ If after a peace a general disquisition of the constitutions of the several Gk)vernments here, — should take place as it is much expected, I should be very proud to be of the least use in such a work. I have received a letter from my son wherein he acknowl- edges his negligence in not waiting on your Lordship before he went to Oxford. I hope your Lordship will excuse the in- advertency of youth: I persuade myself that he has not ingratitud'^ in his nature however his carelessness may make him appear so. I beg your Lordship will make our Compliments to the ladies & all our friends acceptable. I am with the utmost grati- tude & respect. My Lord your Lordships most obedient &c PS If a sign Manual should be prepared, I must desire your Lordship will give notice to W*!* Bollan Esq in Liecester Square to sue it out, pay the fees & transmit it. I shall write to him on the occasion R* Honble Lord Visct Barrington * First written "have given me great opportvinities. * First written " the several provinces." ' Followed by "me," then crossed off. END OF B AKRONS 37 LORD HARRINGTON TO GOVERNOR BERNARD ^ Cavendish Square 12*'' De(5 1761. Dear Sir I have received two very large Packets from you, one con- cerning M'' Baron, the other relating to the apphcation made by you and M'' Pemberton. As to the first, I have the pleas- ure to acquaint you that M"^ Baron is turn'd out with the entire approbation of the Treasury, Board of Trade & Customs. The latter has been directed by the former to send as Suc- cessor to M"" Baron, the very best Officer they can find within their Department. I have strongly recommended the other affair to Lord Egremont M"^ Pitt's Successor, to whom I have dehvered the Letters for M' Pitt, transmitted to me. His Lordship is very well disposed, and I make very little doubt of your request being granted ; but I could not get things brought to a con- clusion before the departure of this Packet. I have delayed this letter till the last day, in hopes of sending you some good news, and I am now so busy that I cannot answer at present the most obliging letter from M'^ Bernard for which I beg you will make her my best acknowlegments together with my best compUments, in which all my family join. I can only add that I am Dear Sir Your Excellencys most humble & most obedient Servant. His Excellency Barrington. Governor Bernard at Boston New England 1 "Bernard Papers," vol. ix (Correspondence), p. 233. 38 BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO LORD HARRINGTON ^ T,, T Boston Oct 20. 1761 My Lord ' The Cover of this encloses the duplicate of a Letter I wrote to your Lordship on the 27*'' of Sep'^' the day after I rec*^ your favor of the 11*'' of July : the Original is on board the General Wall packet boat, which sailed from NYork The time between my receiveing your Lordships Letter & dispatching my Answer to it would not afford an oppertunity of seeing M^ Pemberton But upon my talking with him soon after & shewing to him that possibly M^ Pitt may expect a more formal signification of his consent, than what his letter contained, it was agreed to transmit to your Lordship a duplicate of the agreement with an addition thereto signify- ing M- Pembertons still adhering thereto This I now en- close & must now conclude this, uncertain whether I shall be able to write to your Lordship on other Subjects by the same ship waites only for wind. I am with great respect My Lord your Lordships K^ honble Lord Vis* Barrington) LORD BARRINGTON TO GOVERNOR BERNARD 2 Dear Sir Cavendish Square 14*^ January 1762 I was in hopes by this Packet to have given you an account that the affair between you and M"^ Pemberton, had been settled in the manner desired; and I know that Lord Egre- mont both from his wilHngness to oblige, and his long unin- terrupted friendship for me, was very much disposed to do it. I now find he has scruples which cannot be removed; they ^ "Bernard Papers," vol. ii (Letter Book), p. i6. * "Bernard Papers," vol. ix (Correspondence), p. 245. THE NAVAL OFFICE 39 regard two points : One is, the making a joint Grant ; The other, your Son's being under age. He has promised me, that when time has remov'd the last objection, he will, in case he then holds the Seals, give the Employment to your Son, the moment it becomes vacant, either by death, resig- nation or otherwise. I am sorry the thing has not succeeded but I cannot think Lord Egremont in the wrong, tho' perhaps there may be precedents the other way. His Lordship has promised to write me a Letter on this Subject, which may be of use hereafter with his Successor in case he should not hold the Seals three years hence. In a former Letter, I acquainted you with the removal of M"^ Barones, but I think I did not add that he was removed entirely in consequence of repre- sentations from the Boards of Trade & Customs. I never said one word upon the Subject, which I thought would be unfair on account of my relation to you. I am to return you a thousand thanks for the Fish you so obligingly sent me, and to M""^ Bernard for the instructions I have received from her, as to the manner of dressing it : I beg you will present my best compliments to her. I intended to have wrote an answer to her most obliging Letter, but as I write to you, it would be an imnecessary trouble to her. I hope in the course of this Summer, I shall be able to pre- vail on your Son to come sometimes to Beckett. My Brother Shute has had the good fortune to get a Cannoncy of Christ Church, which I hope will not be a disadvantage to Our Cousin. All your friends are well & present their comp? to you & M"^ Bernard. I am with the greatest truth & regard. Dear Sir Your Excellencys His Excellency Most faithful Governor Bernard humble Servant Barrington 40 BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO LORD HARRINGTON i Boston Dec^ 14. 1761. My Lord I am favoured with your Lordships of the 28**^ of August. The trouble I have given your Lordship about the Naval Office has been greatly increased by the d fficulties w''.*' attend explanations at a distance : for it has more than once hap- pened that your Lordships letters & mine on the same subject have crossed the sea about the same time & possibly before Irec^ this last your Lordship may have found in my Letters matter sufficient to remove the difficulties which this affair has laboured under. I wrote to your Lordship by the Chesterfield man of War inclosing all necessary papers with Letters from M' Pemberton for your Lordship & MF Pitt. I wrote again by the packet Boat which Sailed in Oct!^ last; & I sent a duplicate of the last letter (together with a duplicate of the agreement with MF Pemb'^rton & a supplement to it signifying his consent to the new grant as proposed) by the Lucretia Snow I also sent another part of the agreement by the Adventure Snow So I apprehend that your Lordship has all necessary pappers now by you. As for Objections against an appointment in joint Names, I was always aware of them & endeavoured to obviate them in my Memorial, which I suppose Mf Pitt had not seen when he made the objections. My arguments in favor of ajoint appointment arise from the office having usually been granted so, for which I alledged the appointment immediately preceed- ing Mf Pembertons which was to two. And I understand that in all pubHc offices in London where there has been an * "Bernard Papers," vol. ii (Letter Book), p. i8. TEE NAVAL OFFICE 41 usuage of granting to two, an office may be granted to one or two at pleasure. For this there are frequent precedents in the Custom house Exchequer Chancery &. I believe I have not mentioned the reason of my being so desirous of having this Affair settled in a pubhc way. I know ver}' well that reversionary' promises of Offices in America are now very much soUcited I have particular advice that there are some people in pursuit of this ver>" office, and I can form to my self no adequate Security against a surprise but an Actual Grant. A Promise of the Secretan,' of State extends only to himseh' ; and if it is not to be executed till M^ Pem- bertons death, the office probably will be in anothers dis- posal, at that time : to guard against which it will be necessary to make a fresh appHcation whenever there is a Change in the Secretar\-5 Office. As my Son is to have no intrest in the Office till sep 1764 I could have no objection to letting the Office, continue, as it is, to that time if my life & Continuance in this Govern- ments were certain & if this delay would remove the difficul- ties now started, But in regard to the first, the Number of my Children makes me desirous of leaving as little to the hazard of my hfe as I can ^ And as to the latter, the same difficulties will remain, if they can not be ob\'iated now If a Joint appointment should be thought exceptionable then I shall not be able to contrive an appointment to one that will answer my purpose. For If Mt Pemberton is to be the Grantee' it wiU give me no power over nor much dependance upon the reversion. And if I should ask M- Pemberton to let my Son be the Grante'e I know not what Security I could give him to indemnif)' him if my son should die before him. Besides, I have thought it ad\'isable to press the dispatch of this business 1 First written "possible," tten changed to "I can." 42 BARRINGTON-BERNARD CORRESPONDENCE now, because as M^ Pemberton's Age & health are now, The Reversion of his Office is of Uttle or no Value to the present Secretary of state, But as his Age increases & his health im- pairs, the Reversion will become an object of much more Value than it is at present, & therefore more hard to obtain. I have another reason to desire that the grant may be made in the Manner requested which is that it willput an end to your Lordships trouble, which has already been more ex- tended than I flattered my self it would be when I first made the Application, which I considered to amount only to this, for leave to make such a grant of the Office as my predecessors have been used to make, with the consent of the present pos- sessor of the Office M^ Pemberton has been so good as to allow me to defer the issuing his patent as long as I shall see occasion. I shall therefore wait untill the papers I sent by the Chester- field &c shall have had their Effect. I have the highest sense of your Lordships continued favor & Am with great respect My Lord Viscourt Barrington Your Lordship most obedient &c GOVERNOR BERNARD TO LORD BARRINGTON ^ Boston Dec 15. 1761 My Lord In a letter dated yesterday I acknowledged the receipt of your Lordships of Aug 28 & have therein submitted to your Lordship all that occurrs to me to be wanting for the deter- mination of that affair: to which I need only add that any resolution on the subject will be agreeable to me, as it must, at all events, afford a fresh instance of your Lordships kind concern for me & mine. I can truly assure your Lordship ^ "Bernard Papers," vol. ii (Letter Book), p. 21. REFORMATIONS 43 that your friendship is the cordial of my life & contributes more than any thing else (except my own conscience) to support that Spirit & Resolution, which the due exertion of the powers that are here committed to me, requires. My friends in this Country find another advantage from my con- nexion with your Lordship: they say that your Lordships family has been allways the patrons of this Country; (for at the present the Memory of Gov' Shute is truly honoured), and there it is happy for it that it has now the Means of an easy access to your Lordship. In a former letter of the if^ of Sept last I desired your Lordships general recommendation of me to M' Pitt: I must now request the like introduction of me to Lord Egremont. I presumed to think that when a Revisal & settlement of the political state of N America should have a place in the British Councils, I might possibly be of some service. This self- flattery has not had its rise from any extraordinary opinion I have of my own ability, but upon a reflexion upon the particular circumstances of literature & professional standing that have directed & enabled me to make a more critical survey of the politicks of N America, than can be expected from the generality of those that are sent here with a public Character. < But the time of peace, which must preceed the regulation of the North American governments, seems now at a greater distance than ever. Never the less, as they may happen in the course of this Winter a change in the present intractabil- ity of our Enemies which may bring about a peace, when it is least expected, I will add a few more lines to what I have before wrote on this Subject There is in my opinion no System of Government in N America that is fit to be made a module of. The royal 44 BARRINGTON-BERNARD CORRESPONDENCE Governments are faulty in their constitution as well as the popular ; of late they have given more instances of it than the latter. If therefore there should be a new estabhshment of the governments in N America upon a true EngUsh- constitutional bottom, it must be upon a new plan : and upon the formation of it will depend all the Ease or DiflSculty of the Work. It will be readily apprehended that the greatest difficulty will be with the New England charter Governments. I am willing to admit this for the sake of the conclusion that follows from it. But I do not think there will be much difficulty in the New England Governments ; and yet will readily conclude ^ that upon such a supposition it will be best to begin with those Governments. In Rhode Island the sensible people neither expect nor desire that their charter should be continued. In Connecticut I have heard it frequently mentioned without contradiction that it would be better for the people & most agreeable to the thinking part of them to have a royal Governor rather than the present elective one. And for this Province ; its constitution by charter & its strict observance of the stipulations contained therein on behalf of the royal preroga- tive, make it, in my opinion, better disposed to a more perfect establishment than any Government I am acquainted with, either Royal or other. I therefore conclude that when ever a New estabhshment of Government in N America shall be thought advisable, New England is the proper place to begin in Whenever this subject shall be brought on the tapis I must again repeat I shall be proud to offer my Service. If It should be accepted, I shall readily obey an order to attend in person. In such case that there may be as little loss of my emoluments here as possible, It would be advisable that the ^ First written "admit." REFORMATIONS 45 order might be so timed, as not to be known here, till after time of settling the support of Government which is in the beginning of June in each year. In a letter, which I hope to send to your Lordship on the subject of the trade & Customs of this Country, I shall have occasion to mention some particulars that may be of great service to the regulation of the American Governments whenever it shall be undertaken : tho' according to our last advices from Europe, these consid- erations seem to be ill timed, a paragraph on Gen' Whitmore's death & funeral A paragraph on the Voyage to Newfoundland. I am &c Lord Barrington GOVERNOR BERNARD TO LORD BARRINGTON 1 Boston Jan 12. 1762 My Lord The packet which is to enclose this having been detained beyond expectation, I find my self obhged to add another letter upon a subject with which I hoped I should not have had occasion to trouble y'' Ldshp again I mean M Barons. In my letter of Aug 10 sent by the Chesterfield Man of War, I acquainted your Lordship that some Gentlemen had applied to me in behalf of M' Barons desiring I would intervene in his favour. I told them that- the Actions he had brought against the Surveyor general &c were such open acts of his setting at defiance the Kings Authority that I could do him no service whilst he persisted in them : but if he would with draw them I would immediately enter into a consideration of what could ^ "Bernard Papers," vol. ii (Letter Book), p. 24. * Followed by "if," then crossed off. 46 BARRINGTON-BERNAKD CORRESPONDENCE be done for him. They urged their endeavours to persuade him to comply with this preliminary, but could not prevail & thereupon gave over their Negotiation. I can only add that it was then my intention, if he would have given Any proof of his disposition to return to his duty to have assisted him to have retrieved his credit & recovered his office. When M"^ Temple the Surveyor general came here (about 6 weeks ago) he brought with him the most favorable inten- tions towards M' Barons & had I believe, predetermined (as much as he could without knowing the Case) to restore him. But when He came to be acquainted with the nature of his offences and the proofs of them, & understood that the whole process had been laid before the Lords of the treasury as well as the Commissioners of the Customs I suppose he found the affair was gone too far to be accommodated here. Never- theless, as I saw M'' Temple was desirous to favor M' Barons, I told him that, if he could persuade himself that M"^ Barons might be restored with safety to the Government & Security to the King;^ offices I would concur with him in proper means for it. I know not now what M' Temples Sentiments are ; but understand he will wait for orders from home, he having just now appointed a new temporary Collector As I have hitherto acted chiefly on the defensive I have preserved great moderation toward M"" Barons, of which the two forementioned are not the only instances. And yet this Man is now forming a plan to engage me again in dispute with the Assembly & to Ubell me in the public papers. His former attempts of this kind, which by Vigilance & discretion I have heretofore defeated I have endeavoured to forget, hoping that his late Censure would bring him to his Senses. But I am just now informed of these new attempts by a Gentleman of undoubted Credit, to whom M"" Barons of his own accord JOHN TEMPLE 47 communicated the particulars of the Scheme to inflame the Assembly, & read over the whole of the libell against me (being a bundle of personal invective & improbablities) which he had prepared for the press. He added that he had engaged the best writer in Town to write against me & assured him that I should not be Governor of this province one year longer : and, that M' Hardy would be Governor here. As this is the Case I can not keep myself from declaring, that I have no longer any hopes of the Governments of this province being maintained in dignity & peace whilst M"" Barons has an office in it. At present The Governor L'' Gov~^ All the Judges of the Superior Court the Judge of the Admiralty & his ofl&cers, all the officers of the Customs the Kings Author- ity in general & the Court of Admiralty & Custom house more particularly are the Defendants & M'' Barons & Co Assailants. If M' Barons has any merit there is room enough for rewarding it without fixing him here. But I can not think He is of consequence enough to expect to have the peace & wellfare of this province sacrificed to his Caprice and Malevolence. I am &c Rt Honble Lord Barrington GOVERNOR BERNARD TO LORD BARRINGTON ^ Boston Febry 20. 1762 My Lord I have just now received your Lordships favor of Dec. 11 which much increases the great sum of our obligations to you it has given me great concern that I have been obliged to trouble your Lordship with such quantitys of paper : And I could have been glad to have Stopt a letter which I sent to NYork ^ "Bernard Papers," vol. ii (Letter Book), p. 27. 48 BARRINGTON-BERNARD CORRESPONDENCE about a month agoe, which was wrote before I had any advice of the resolutions taken in regard to M^ Barons ~ It contained an Acco^ of his intention to embarras me with the House & to libell me in the papers. But both those purposes were soon defeated: His petition was rejected by the House & his libell was refused by the Printers So I hope I shall never again after this letter, have occasion to name his name to your Lordship, The ferment in this place begins to subside : M^ Barons has withdrawn two of his own Actions & been nonsuited in the third and I hope means may be used to prevent the other two from troubling the privy Council. The contests in the General Assembly begin to abate : I have been no party to them since the meeting of the present Assembly in May last ; Since that time I have been chiefly a Spectator of Disputes which I could not prevent : but if I have the general credit, which some of both partys flatter me with I shall hope to be an effectual mediator between them. When I consider what a deal of tiouble I have had in this government, it sounds very odd to me to be told that there is not one Member of either house that is not friendly to me. But I am not on so good terms with the merchants: some of them have been above this fortnight preparing papers to be sent home, which, I believe will Answer no other purpose than to keep up the remembrance of things which they should desire should be forgottan. Some few of them labour hard to get some clauses reflecting upon me included : but I can't blame them ; for if it had not been for me, there would have been now neither Court of Admiralty nor Custom house here Not but that the merchants here want redress in regard to Several of the Laws of trade : but they don't use proper means nor take the proper time. I tell 'em again & again that HIS FAMILY 49 they must wait for the Conclusion of peace before they can ask the ministry to Set about Civil regulations: and assure them that at such time I will assist them to the Utmost of my power. It is with this view that I have so long intended to lay before your Lordship a State of the Laws of trade in America & the necessity of altering some of them &c : which I still hope to do before it is wanted — We find this Country to agree very well with us & in general enjoy good health I have Seven of my Children now with me my Second son is to be put under a merchant here next month. I expect my eldest son (upon a visit in order to Settle the further plan of his Education) this next Summer. He writes me word, he has been at your Lordships door Several times. He shall take care to Signify to your Lordship the time proposed for his departure by a line. He returned to school at the Coronation & became a Kings Scholar again. We are pleased here with the Appearance of Spring : I long to get to the Castle, notwithstanding the narrow escape I had last Year, with the Additions & improvements I have made, It is the prettiest summer residence I know : and it is the only place where I can read & write to any purpose but business — I herewith enclose the printed Account of a publick Audience I gave to an Indian an orator, a Councellor & a warrior; & my friend. He was a principal Manager at the Treaty at Easton in 1758 & from thence Joined Gen^ Forbes & was the first that entred Fort du Quesne after the French abandoned it. He commanded the Enghsh Indians at the Battle of Niagara, afterwards Attended Gen' Amherst to Montreal & now having nothing to do, He travelled 400 Miles to visit me I took hold of the oppertunity to pay a Compliment to the 6 Nations & therefore gave him a pubHck Audience to Authenticate his dispatches. This I did more out of regard to the King's 50 BARRINGTON-BERNARD CORRESPONDENCE Service in general than any want that this province has of those Indians. And they on the other hand will distinguish between a Compliment unattended with any requisition or expectations of a return & those they are most used to, which are visibly founded upon self Interest & therefore, as they wisely discern no instances of real friendship. M""? Bernard desires I will express her most gratefull Acknowledgments for your kind care of her & hers. If the pohtical estimate of the value of a Family be reckoned by a combined proportion of the number & usefulness of the persons produced by it, I hope, my children will hereafter be reckoned in the estimate of the family of your Lordships Grand father I am with due Compliments to the Ladies & all other our friends with great respect. My Lord, Your Lordships Most obedient & most humble Servant My Lord Barrington P. S. Febry^ 27.. 1762 Since my writing this letter the 4^?" suit Against M' Paxton a Custom house officer is ended by the Jury pursuant to Strong recommendation from the Judges finding for the defend^ The 5*1" Cause I apprehend will be soon ended by the plan*, discharging the Judgment to prevent his answering in appeal So that the Kings authority is now triumphant in every in- stance : but in the assembly things are not so quiet as I could wish. However I have the pleasure to acquaint your Lordship that the assembly has given an evident proof that a personal opposition to me has no part in their dissentions. For this day a vote passed both Houses in the following words Resolved that in consideration of the extraordinary Services of his Excellency Governor Bernard there be granted to MT. DESERT 51 him his heirs & assignes the Island of mount desart^ lying north eastward of penobscot bay and that a grant thereof to be laid before his majesty for his approbation be signed by the Secretary & Speaker on behalf of the two Houses. This Island is distinguished in most maps & is about 15 Miles long & 5 or 6 wide at a medium : it contains between 40 & 50,000 acres among which is some very rich land. I shall visit it this Summer & will then give your Lordship an account of it at present unknown as it is to me I would not take ^looo Sterling for it. GOVERNOR BERNARD TO LORD HARRINGTON 2 Castle William May i. 1762 My Lord It will be agreable to your Lordship to to receive information that the Disputes which have subsisted here for some time concerning the Custom house officers & Court of Admiralty are subsided ; and that in every instance the Kings Authority has prevailed : the Actions which were brought against dif- ferent ofi&cers are all either determined on the side of the Crown or withdrawn. The Act that put the last End to these commotions was my negativing a bill which passed both Houses & was intended to substitute a new & very insuffi- cient kind of Writ in lieu of the Writ of Assistance granted to the Custom house officers in pursuance of Acts of parHa- ment. This the Council, greatly contrary to their duty, suffered to come up to me: and as it was a Very popular ^ The story of Bernard's connection with Mount Desert is told by George E. Street with considerable matter from the "Sparks Manuscripts" in his Mount Desert, a History, ch. iv. 2 "Bernard Papers," vol. ii (Letter Book), p. 187. 52 BARRINGTON-BERNARD CORRESPONDENCE subject, I gave it a more solemn condemnation than it de- served. I ordered the Judges to attend the Council & having there stated the Matters of Law & proposed Questions thereupon I had the Authority of their opinion that the Bill was contradictory to an Act of parliament: I therefore im- mediately rejected it in open Council. This occasioned a good deal of Murmuring ; but there was no room for a Serious objection to my proceedings. This was at the end of a session in which they had done the Kings business in part only, tho' they had given some assurances that every thing I desired should be done at the next Session. Before the next Session which began the 14th of last Month The Advice of the Spanish War arrived. I therefore ordered the Declaration of War ^ to be published the day the assembly met; & that same day I opened the Session with a speech, wherein I told them they must take care of themselves k should have my assistance therein; but that I should not interfere with their Councils nor would be answerable for them. They immediately & allmost unani- mously granted every thing that I could ask of them in the amplest amnner. At the end of the Session I compli- mented them in a way that has proved very agreable to them both within doors & without. So that, at this precise time I am a very popular Governor. How long this will last I dont know nor pretend to guess. But I have long thought that in general Governors have greatly impaired their own authority by interfering too much in the provincial Councils ; & have thereby been obliged to resort to Management & Intrigue to do that, for which they might have had, by a more open way of acting, the Voice of the people. I wont say that this observation will 1 Followed by "against Spain," then crossed ofi. POLICY 53 hold every where; but it is plain to me that this is the right policy for this Country. The People here are loyal & public spirited, but jealous of their liberties (of which they form high & sometimes unconstitutional ideas) to a great degree : and therefore the appearance of treating them as Independents (I mean in politicks) is Very agreable to them. And in so doing, It seems to me that I am strengthening myself; Whilst I am giving them credit for their indepen- dency I have a right to insist upon my own. And I do so : It has been the principal object of my politicks, since I arrived here to place my self on a bottom of my own. I had no other choice : When I came here I found the province divided into parties so nearly equal, that it would have been Madness for me to have put my self at the head of either of them. I had therefore nothing to do but to keep myself to my self & maintain my own Dignity. Your Lordship has here a System of pohticks of a very inferior kind to those of that great estabHshment in which you bear so considerable a part. But the importance of this Country is now well known : & its politicks must also undergo the Examination of the British Councils, as soon as the con- tentions of Princes will allow time for it I am with all due regards to your Lordship & our other friends My Lord &c Lord Barrington 54 BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO LORD HARRINGTON ^ Castle William May 2^^ 1762 My Lord I am favoured ^ with your Lordships letter of 14*^^ of Jan- uary which came to my hands not till the 16*^ of May : like every other it adds greatly to our obbigations, I quite approve of My Lord Egremonts determination & have the fullest Sense of his favor. The only reason why I pressed the matter so far was, that by carrying ^ it into execution now, I could have made it contributory to M^ Bernards Security in case of accidents. I shall now give M"^ Pemberton a patent in pursuance of his sign manual : he has patiently waited for it to this time. I believe he will write to your Lordship to assure you that he shall be ready to carry the agreement into execution whenever proper means can be devised for it ; & also to desire your Lordships patronage that you would protect his office, which now extends to all the ports in the province from being partitioned ; such a design having been on foot. I appre- hend ^ that after the assurances given by ^ my Lord Egre- mont, such a Caution is ^ unnecessary. Nevertheless if M"^ Pemberton should write to this purpose, your Lordship will be so good as to excuse it. By accounts received from England I think it probable that my eldest son is now on the Sea in his passage to us. I found it very necessary in order to settle the future plan of 1 "Bernard Papers," vol. ii (Letter Book), p. 190. 2 First written "informed." * First written "apprehended." * First written "engaging." ^ First written "to." ^ First written "in." THE NAVAL OFFICE 55 his destinations to have an interview with him; & I have obtained the Dean of Christ Church's leave for that purpose, having engaged that he shall lose no time in his studies. And I shall endeavour to keep my word & hope by means of a little leisure time of my own & the assistance of the professor of Mathematicks at the College (with whom I am very friendly) to send him back well advanced in the principles of Mathe- maticks & Natural Philosophy : in which when he has recieved the finishing pohsh at Oxford, It will be time for him to fix upon some certian business. I hope my congratulations to your Lordship & M' Barring- ton on his promotions at Christ Church came to hand. I know but of one Vessel with letters of mine on board that has failed & that had only Duplicates, Our compliments wait on your Lordship & all our friends. I am. with great respect My Lord, Your Lordships most obedient & most humble Servant R* Honble Lord Viscount Barrington, GOVERNOR BERNARD TO LORD BARRINGTON ^ Boston June 7. 1762 My Lord Since I sent away the original of my inclosed Letter, M' Pemberton has delivered me a duplicate of one of his to your Lordship which will go in the Cover with this. He is per- fectly satisfied with the declarations of My Lord Egremont to secure his office from the applications of other people. I have before commended his candor in this transaction : I ' "Bernard Papers," vol. ii (Letter Book), p. 193. 58 BARRINGTON -BERNARD CORRESPONDENCE LORD BARRINGTON TO GOVERNOR BERNARD i Cavendish Square ii*'' Septm' 1762 Dear Sir I have received various Letters from you, & one from M' Pemberton: I have made the proper use of them all. I shall watch every opportunity that offers, and endeavor to employ it for your service. I shall also, if necessary, give any assistance in my power to the Agents you employ about the Grants made to you by the Province, of which I most sincerely wish you joy, both on account of the advantage they will be to your family, and as they are testimonials of the respect & good will borne you by the people of your Government. I had lately a visit from Cap* Booth, who asked my con- sent for his marrying M"'* Porter, which I most willingly gave. He told me he intended to settle his fortune first on her, and afterwards on your Children, if he had none of his own, which he did not seem to expect. We are in full expectation of a speedy Peace ; whenever it is concluded you shall have an immediate account from me. I beg you will present my best compliments to M"^ Bernard, & believe me to be with the greatest truth & regard Dear Sir Your Excellency's most faithful & most obedient Servant BARRINGTON His Excellency Governor Bernard » "Bernard Papers," vol. x (Correspondence), p. 15. FAMILY MATTERS 59 LORD HARRINGTON TO GOVERNOR BERNARD 1 Cavendish Square 6*'' October 1762 Dear Sir Since my Letter to you by last Packet, M' Booth is mar- ried to M"'^ Porter, of which he has acquainted me by Letter, assuring me of his determination to settle his fortune in the manner mentioned in my last, to Wit ; First on his wife, and then on your children, in case he has none of his own. I beg leave to make my best compliments to you and M^^ Ber- nard on this occasion. I have seen M"^ Jackson, and have concerted with him how I can be most serviceable to you, in case my good Ofi&ces should be wanting. I was in hopes of sending you an account of the Peace by this Packet : I think you will hear it by the next. I am with great truth I beg leave to add my best comp^ Dear Sir to M"^ Bernard & your Son. your Excellency's most faithful humble Servant Barrington His Excellency Governor Bernard 1" Bernard Papers," vol. x (Correspondence), p. 29. 58 BARRINGTON-BERNARD CORRESPONDENCE LORD BARRINGTON TO GOVERNOR BERNARD i Cavendish Square ii^'' Septm^ 1762 Dear Sir I have received various Letters from you, & one from M' Pemberton: I have made the proper use of them all. I shall watch every opportunity that offers, and endeavor to employ it for your service. I shall also, if necessary, give any assistance in my power to the Agents you employ about the Grants made to you by the Province, of which I most sincerely wish you joy, both on account of the advantage they will be to your family, and as they are testimonials of the respect & good will borne you by the people of your Government. I had lately a visit from Cap^ Booth, who asked my con- sent for his marrying M^ Porter, which I most willingly gave. He told me he intended to settle his fortune first on her, and afterwards on your Children, if he had none of his own, which he did not seem to expect. We are in full expectation of a speedy Peace ; whenever it is concluded you shall have an immediate account from me. I beg you will present my best compKments to M" Bernard, & believe me to be with the greatest truth & regard Dear Sir Your Excellency's most faithful & most obedient Servant Barrington His Excellency Governor Bernard ^ "Bernard Papers," vol. x (Correspondence), p. 15. FAMILY MATTERS 59 LORD BARRINGTON TO GOVERNOR BERNARD 1 Cavendish Square 6*'' October 1762 Dear Sir Since my Letter to you by last Packet, M' Booth is mar- ried to M'^ Porter, of which he has acquainted me by Letter, assuring me of his determination to settle his fortune in the manner mentioned in my last, to Wit ; First on his wife, and then on your children, in case he has none of his own. I beg leave to make my best comphments to you and M"" Ber- nard on this occasion, I have seen M' Jackson, and have concerted with him how I can be most serviceable to you, in case my good Ofl&ces should be wanting, I was in hopes of sending you an account of the Peace by this Packet : I think you will hear it by the next, I am with great truth I beg leave to add my best comp' Dear Sir to M^ Bernard & your Son. your Excellency's most faithful humble Servant Barrington His Excellency Governor Bernard 1" Bernard Papers," vol. x (Correspondence), p, 29, 6o BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO LORD HARRINGTON i Castle William Aug. 30*'* 1762 My Lord As I have given your Lordship a false Ace* of the french force at Newfoundland, as it was reported at the beginning of the Alarm, I must endeavour to make you amends by a more true Account now. The french fleet Consists of the Robuste 74 guns Eveille 64. guns Licorne 36 & a transport with 26 or 30 guns (no matter which) called the Garrone. The ships are extreamly ill maned with Sailors, but the land forces are very good consisting of 900 Granadiers & 300 Marines. They have fortifyed S* Johns & propose to keep it this winter depending, no doubt, upon the seasons not per- mitting a relief from England or the West Indies. But they will find themselves mistaken. Upon the Antelope arriving at Placentia & joining the Sirene there, & the Gosport arriving at New York & being ordered to Halifax I sent our Province Ship the King George (a complete 20 gun Frigate) to Halifax. And my Lord Colville immediately After, on the 10'^'' of August, sailed from Halifax with the Northumberland Gos- port & King George to join the Antelope & Sirene & proceed to S' John's to block up the french fleet there. In the mean time Gen! Amherst has fitted out a land Armament under the Command of Col Amherst of Sufficient force to attack S* Johns by land : and I expect every day to hear that they are sailed from Halifax to Join Lord Colville so that we hope to have a good Account of the French fleet & Army before Winter sets in. It happened that Lord Colville left Hahfax » "Bernard Papers," vol. ii (Letter Book), p. 207. There is no address on this letter, but it is dearly to Lord Barrington. See Governor Bernard's letter of Oct. 20, 1762. NEWFOUNDLAND 6i before he received Advice of the land Armament being form- ing : but such measures have been taken, that this is not like to create any disappointment or delay in the execution of the scheme. I mean not to make myself Answerable for Consequences, but think that this expedition has a very promising Appearance : & therefore take the oppertunity of a Snow saihng for Bristol to inform your Lordship of it. I am with great respect My Lord Your Lordships most &c &c By the Snow Bristol packet sail*^ Sep. 4 PS. Sep 14*'^ Sep I take this oppertunity of a Brigs sailing from this port for Bristol to transmit to your Lordship this duplicate & at the same time to inform you that Col. Amherst with the land forces saild from Halifax on the 26^^ for Newfoundland : as it is now 5 Weeks since Lord Colville sailed for S* Johns & I hawe heard nothing from the Captain of our ship I Conclude that they arrived at S^ Johns time enough to block up the french there : & if the Sufficiency of their strenght was doubt- full before I hope it will be put out of all doubt by the junc- tion of the Enterprize lately arrived from the Havanna & with the Addition of some troops just returned to New York. I beg leave most sincerely & heartily to Congratulate your Lordship upon the Reduction of the Havanna a Conquest more great & Important than living memory or British His- tory can Afford. Duplicate & P. S By the Brg Rain bow potberry for Bristol sailed 62 BARRINGTON-BERNARD CORRESPONDENCE LORD BARRINGTON TO GOVERNOR BERNARD » Cavendish Square Nov. 13, 1762. Dear Sir, I have now the Pleasure to congratulate your Excellency on the conclusion of a Peace with France and Spain signed the 3^ Instant at Paris by the respective Ministers of those Crowns & by the Duke of Bedford. They have been ratify'd already here, & I beleive in France ; & there is no doubt of their being ratify'd by Spain as soon as possible. I have not seen any Copy, but the Paper herewith inclosed (pubHsh'd in one of the News Papers) I beHeve contains pretty nearly the truth. I think the Peace a good one, & hope others will be of that opinion. I am with my best Comps to M'.^ Bernard & my Cousins Dear Sir Your Excellency's most faithful & obedient Servant Barrington GOVERNOR BERNARD TO LORD BARRINGTON 2 Castle William Oct. 20*'' 1762 My Lord By a Letter dated Aug'.' 30 & a postscript added to the duplicate thereof I informed your Lordship of the measures which were taking for the recovery of S^ Johns by an im- mediate armament from the continent: and happily it has the success which I then flattered myself with. When the French arrived here, — this Coast was Very defenceless: & yet it could not be regretted, Since it was occasioned by the ' "Bernard Papers," vol. x (Correspondence), p. 33. ' Ibid., vol. ii (Letter Book), p. 219. NEWFOUNDLAND 63 Assistance which North America gave to the Expedition against the Havannah without which it could not have succeded. & therefore if the taking S^ Johns had been more detrimental than it was ; it would be but fair to ballance it with the Havannah. The French Commander, upon his arrival at Newfoundland, declared that he knew there was no Man of War upon the Coast but the Northumberland: in which, if he meant to confine himself to Halifax, he was not mistaken. He there- fore thought himself safe in determining to hold the place thro' the Winter concluding that no Armament could arrive from England or the West Indies time enought before the Winter was set in; and that North America was unable to fit out one: but in the latter he was disappointed. The Sirene of 20 guns arrived upon the coast of Newfoundland about the same time with the french fleet, & soon after the Antelope of 50 guns arrived & escaped the Enemy. These rendevoused at, Placentia. Soon after, the Gosport arrived at N York with a Convoy & immediately after, sailed for Halifax. I had kept our Province Ship the King George (a complete 20 gun frigate & then in Very good order) in readi- ness to join Lord Colville, & upon hearing the Gosport was Sail'd from NYork I ordered the King George to Halifax; which arriving a few days after the Gosport Lord Colville immediately sail'd to join the Antelope & Sirene & face the Enemy. The Naval Force stood thus French Robuste . . • 74 EngUsh Northumber- Eveille . . 64 land . . 64 Licorne . . 36 Antelope 50 Garonne . 26 Gosport 40 Grammont . 16 Sirene . . 20 216 King George 20 194 64 BARRINGTON-BERNARD CORRESPONDENCE In the mean time a land Armament was preparing, tho' with so much Secrecy that Lord Colville was not acquainted with it when he sail'd. This was under the command of Col. Amherst, & formes another ballance of Land Forces French. Granadiers of English. Regulars . . 900 France . . 900 Provincials of Marines . . . 300 Massachusets 1200 Bay . . 500 1400 Irish recruits uncertain Artillery not reckoned : chiefly on board the Ships With this force, in which the besiegers very little exceeded in number the beseiged, has this place strong by nature, made stronger than ever by additional fortifications, & defended by, what the Enemy called, the best troops of France, been taken. The Sum of the french prisoners with that of the killed added thereto is very near equal to the whole Number of the English Regulars. But We must make due allowance for the provincials ; one company of which being light In- fantry & joined to the same corps of regulars was no ways inferior to them in driving the french from the severall out posts which they endeavoured to maintain. Two days after the Place was taken arrived 4 Men of War from England : So that this Expedition was favoured to the last by the whole honor of it being preserved entire to the first adventurers. As I had before informed your Lordship of this Expedition, I have thought proper to conclude the History of it. I am &c The Right Honblc The Lord \'iscount Barrington TEE NAVAL OFFICE 65 GOVERNOR BERNARD TO LORD BARRINGTONi Castle William Oct. 21 1762 My Lord At the desire of M'' Pemberton, Naval Officer throughout this Province, I am to inform your Lordship that he is appre- hensive that A Gentleman lately gone from hence professedly to get A Place in this Country by appointment from Eng- land, has a design upon that part of the Naval Office which lies in the port of Salem : & therefore He begs the favor of your Lordship under whose patronage he considers his Office to be, to bespeak my Lord Egremont's attention, that such an application, if it should be made, may be duly considered I dont apprehend that there is any probability of such an attempt succeding, but by the means of misrepresentation or misapprehension : & therefore I Should think that it would be quite sufficient to Enter a Caveat with M'' Wood. Indeed I Should not have troubled Your Lordship with this, but that I could not refuse M"^ Pemberton in assisting him in Such acts of Caution, which he Shall think proper to take I am &c The Right Hon'''^ The Lord Viscount Barrington GOVERNOR BERNARD TO LORD BARRINGTON ^ Castle William Oct 30^'' 1762 My Lord I have the pleasure to inform your Lordship that my eldest Son arrived here safe on Tuesday last. He received your Lordships favor with a letter to M^ Clevland to procure him a passage in a Man of War : but a Ship ready to sail for ^ "Bernard Papers," vol. ii (Letter Book), p. 223. ^ Ibid., p. 221. 66 BARRINGTON-BERNARD CORRESPONDENCE NYork offering, he thought it best to save time by going on board her. On this side the Madeira he shifted himself on board a Ship bound for this port & came directly hither. I fear I am blamed by my friend in England for engaging him in such a Voyage merely for a Visit as they may call it : But I see it in a stronger light. It has seemed to me absolutely necessary at this most critical time of his Hfe to explore his genius, so as to direct his studies & farther pursuits to proper objects. Parts He by no means wants, & he has hitherto not being deficient in acquiring such learning as has belonged to him : but judgement in choosing his Walk of Ufe & steadi- ness in keeping in it he has Still to gain. To settle this & to initiate him in Mathematicks & Natural Philosophy, so as to make those studies pleasing to him, will be our busi- ness for the 9 or ID Months in which I propose he shall stay here. In some of my former letters I mentioned to your Lordship the grant of the Island of Mount desart made by the Assembly to me in consideration of extraordinary expences & Services. I Imd the confirmation of it is like to labour, from the Lords of Trade not being at present inclined to allow the lands on the East side of Penobscot Bay to belong to the province of Massachusets Bay, altho' thier Right to it has heretofore been formally admitted in pursuance of the opinion of the Atty & Soil' general, Be that as it will, I perceive that the litigation of this Question, if it is carried to its full lenght, will be very tedious & very warm. And therefore I am Very desirous of getting my business exempted from it, which I think may be done by giving it a new Turn by making a little change in the terms of my Application for the Kings con- firmation. I must not conceal from your Lordship, that this Island is a great object to one who has such a Number of MT. DESERT 6^ young children as have fallen to our lot; & therefore must not be lost for want of any pains of mine or any assistance I can procure from my friends, I shall endeavour to avoid giving your Lordship unnecessary trouble: when it cannot be spared I know you'l excuse it I am &c The Right Honble The Lord Viscount Barrington LORD BARRINGTON TO GOVERNOR BERNARD ^ Cavendish Square 13. Feb: 176^ Dear Sir, ' ^' I have enter'd a Caveat with MF Wood, who will be sure to let nothing be done in the office concerning M^ Pemberton's Place, without my knowlege. I have lately seen M^ Jackson, who will not fail to apprize me when he wants my help in your affairs. Last tuesday I had the misfortune to lose my mother after a very few hours illness. She was senseless from her first seizure, and seem'd easy and quiet till she dyed. I beg you will present my best Comp^ to M- Bernard, and all my Cousins & I am with great truth DrSir Your most faithful humble Serv^ Barrington » "Bernard Papers," vol. x (Correspondence), p. 57. 68 BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO LOR:d HARRINGTON ^ Castle William May 21-1763 My Lord I am favoured with your Lordships letter of the 13*^ of Febry informing of Lady Barrington's Death. I should tliink an easy determination of a well spent Life rather a subject for 2 congratulation than condolance, if it was not for the pain which the separation gives the relatives left behind. I was loath to give your Lordship the last trouble concern- ing the Naval Office ; but M^ Pemberton is a cautious Man ; and I could not avoid satisfying his fears. And now there is occasion for further trouble: by the new establishment of the board of Trade, This Office falls into the patronage of M- Townshend, and I suppose it will be necessary to secure his Confirmation of Lord Egremonts Designation. Your Lordship w^il judge what will be the best method of procuring that : that nothing may be wanting, I inclose an abstract of the Memorial submitted to Lord Egremont; which, tho' contracted in words, is sufficiently expHcit in matter. I must also beg your Lordship to reconmiend me in general terms to M^ Townshend, I have wrote to him upon the Subject of his appointment & have made a ready offer of my Service in giving him information of what has occured to me in re- gard to such matters as are too delicate for pubhc letters. I wrote to your Lordship (dated Dec' 15 1761) a short state of my pretensions to being of some use, in case a Revisal & new Settlement of the Political state of N. America should have a place in the British Councils : to that letter I would now refer; what addition to it shall be necessary, I shall consider & forward by the best oppartunity, » "Bernard Papers," vol. iii (Letter Book), p. 62. 2 pirgt written "of." MT. DESERT 69 The Grant of Mount desert still remains in suspension, for want of the original grant, which having been deHvered into the Secretary's Office is mislaid so that it cannot be found. A Duplicate of it sent to the Lords of Trade was taken ; but a triplicate, I sent lately, was arrivd. At the beginning of last Winter My Conduct & the Provinces was I beheve mis- represented from Nova Scotia; and The Lords hearing that Side only judged us rather too hastily. Some time after, my papers arriv'd, which, I understand, have shown my conduct & the Provinces right in a dififerent light from what they were seen in before. I have upon this occasion received a kind letter from thier Lordships which makes amends for a un- pleasant one which the Nova Scotia Representation produced. I am much obliged to your Lordship for the concern you have expressed in this affair. I hope your Lordship will not have much more trouble in it ; as it seems to me that the right of the Province to those lands is too strong to be set aside: And M- Jackson is full in this Opinion. There have certainly been great pains taken in the defence of the Province's right ; and I have had my full share of them & I hope without giving offence, as appears from the following Clause in thier Lordships last letter to me "Wee can have no objection to "your acceptance of this grant as a Testimony of the ap- " probation & favour of that Province in whose service & "in the conduct of whose affairs you have manifested such "Zeal & Capacity" — We have passed thro' a very Severe Winter in good health. I have now 8 of my 10 Children in family with me. Frank will soon take his departure for England ; when I shall ac- quaint your Lordship with my thoughts concerning him. I am with our joint compliments to your Lordship, & our friends &c My Lord — your Lordships &c The R^ Honble L^ Barrington 70 BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO LORD HARRINGTON » Boston June 15. 1763. My L When I was at Penobscot last Summer I engaged the Com- mander of Fort Pownall on that river to employ the best hand he could to make an Indian Canoo, which I entended for y' Serpentine River at Becket. The Captain after- wards wrote me Word that he had employed a Squaw of the Penobcot Tribe (who are all now our Freinds) esteemed the best hand for a Canoo in America, to exert the utmost of her art on this occasion. But when I came to recieve it, I find I have been mistaken ; & instead of a practicable Canoo they have sent me only a a Modell of one. I am so disappointed in this, that in order to alleviate it, I have resolved to send y* Lordship this trifle of trifles, which perhaps may recommend itself as a < iriosity : as it is the work of a Lady, perhaps of the first quahty among her own people, & is exactly the same both in materials & Workmanship as a full sized Canoo. I intend however to send y' Lordship a full sized one, which tho capable of holding three or four at a time is easily carried by one man from river to river. I propose to reconnoitre this Country this Summer with great accuracy, the assembly having authorised me to employ a Mathematician to make observations all along the Coast. I have a very good Man for that purpose, the Professor of Mathematics at this College, whom I shall accompany, & assist myself. And I shall make a a further progress in sur- veying Mount Desart, unless I am ordered oflf from home. I have concluded with 60 families with a Minister at their head & a Merchant to supply 'm to settle there this Summer upon » "Bernard Papers," vol. iii (Letter Book), p. 78. MT. DESERT 71 a plan already laid out: I want only power to make them a title. There are also 920 families ready to settle upon the continent adjoining to the Islands in 12 Townships already mark't out. I shall greive much (setting aside my own in- terest) if this settlement should be defeated ; as it is compactly planned & laid out to great advantage. And when I con- sider how much it has Cost the Government of Great Britain to settle 4000 Souls in some other Parts of America, I think it will be a great pity that such a Settlement should be re- fused when offered to be brought forward at no public expence ^ at all. For my own part I have been drawn into this scheme imperceptibly : & now the People call on me to be their leader, which I shall decline no longer, than till I can learn that my establishing a New Colony in a desert (which will long remain impeopled if this opportunity is neglected) will be approved Yours &c The R Horble the L Viscount Barrington GOVERNOR BERNARD TO LORD BARRINGTON 2 Castle William Aug^* i 1763 My Lord I have the favor of your Lordships letter of the 30*^'' of March which came to my hands not till the 23^*^ of July. I wrote to your Lordship a letter dated May 21^!^ desiring your Lordships favor to recommend me to M' Townshend whom I then imagined to be first Lord of Trade. I must now beg to tranfer the requests in that letter from M^ Townshend to Lord Shelburne who, according to my instructions, has the patronage of America in the Same manner as Lord Halifax had, ^ First written "offence." 2 "Bernard Papers," vol. iii (Letter Book), p. 86. 72 BARRINGTON-BERNARD CORRESPONDENCE I write to his Lordship by the packet, to make him an offer of my best Services: your Lordships recormnendation will make them much more acceptable than they can be of them- selves. I wrote to your Lordship also on June 15 on the Subject of Mount Desart: this business still continues promising; but the delay is unsuitable & will obUge me to enter into some Expence this Summer in dependence of a future confirmation of my title. A Letter I have just now received from the Lords of trade sayes that "it would be very agreeable to them to concur "with the Legislature of the province in so proper a testimony "& approbation of my services to the public" but it is not as yet advisable to bring the incidental questions into dis- cussion, So I don't expect that this Affair will be considered untill next Winter. Mf Jackson has been indefatigable in it M"? Bernard joins with me in Comp^* to your Lordship & your La \y & all our friends I am, with great respect The R^ Honble My Lord your Lordships The Lord Viscount Barrington most obedient &c LORD BARRINGTON TO GOVERNOR BERNARD » Cavendish Square 23*^ Febr^ 1764 Sir I am to return you my best thanks, for your very kind Present of Fish, which came very safe to hand, and is very good. I am ashamed of the trouble you annually give your- self, upon my account. I understand thro' M^ Jackson, that your affairs concerning Mount Desert go on well ; he has promised to give me notice * "Bernard Papers," vol. x (Correspondence), p. 163. MT. DESERT 73 when I can be Assistant therein. Lord Hillsborough, the present first Lord of Trade, is the most intimate friend I have in the world, and I have not neglected to inform him of my connexions with, and good opinion of you. I hope this Letter will find you, M^ Barnard, & all your family in perfect health. I beg you will present my best compliments to her, & add that her Relations on this side the Water are well & much at her service. If I were to enter on the PoHtical situation of this Country, it would open too large a field for a Letter : My opinion is that the present Administration will support itself very well, notwithstanding it has been press'd on some popular points, and I hope those Clamours which have artfuly & wickedly been raised, will subside. I am with great truth & esteem Dear Sir Your Excellencys most faithful humble Servant Barrington His Excellency Governor Bernard GOVERNOR BERNARD TO LORD BARRINGTON 1 Boston March 31^.^ 1764 My Lord My Eldest Son being now ready to embark in a ship bound for England I take the liberty to trouble Your Lordship with this, that will inform if no accident happens, of his arrival at Christ Church. As the ship he goes in is bound to Bristol, He is to make the best of his Way to Oxford from ^ " Bernard Papers," vol. iii (Letter Book), p. 133. 74 BARRINGTON-BERNARD CORRESPONDENCE thence; & he will be obliged to keep at College for some time. But he will at all times be proud to receive your Lordships Commands to wait on you at any time & place You shall be pleased to Appoint. The friendship with which your Lordship has honoured me & the favourable regards you have shown towards this my Son make it my duty to observe an entire unreserv^edness in expressing to your Lordship the opinion I at present enter- tain of liim. He has a quick Genius & is a good school schollar in latin greek & hebrew to which since he has been here he has added french so far as to read it ; he is inquisitive & has a boundless Curiosity: but he is unsteady, indolent & at present incapable of pursuing a purpose to any great length; so that his studies (for he can't remain Idle) are desultory & more calculated to give him an Imperfect knowl- edge in many Sciences than a Compleat knowledge in any one. He is no*-, without ambition but it is quite obscured by his Curiosity ; which has given him a great inclination to travel! & the further the better. I gave him leave to go as far as Philadelphia & when he got there, he had a desire to Visit Fort Pitt & see the Country about the ohio ; & he actually went as far as Alexandria. I dare say He had rather be appointed Secretary to an Embassy to China, than have a place of five times the Value at home. Your Lordship may imagine that Dispositions so very Con- trary to my designation of him, which is to get him fixed in some business or other as soon as possible are very unpleasing. I have therefore combatted them with all my power; with what effect must be seen from his future Conduct. However we have agreed that he shall return to college & reside there two years ; at the end of which the disposal of him is to be, if it can be, finally settled. In the mean time I have given FAMILY MATTERS 75 him a taste for Philosophy, that seems to take hold of him, by the books he reads & the Questions he asks about the New- tonic System, with which I have made him a Httle acquainted. Altho' I cannot much depend upon making him a Man of business, I shall not give it up as yet, as his Abihties will still remain, & two Years may make a great change in his disposition to exert them. At least I hope to be able to resort to that place, which your Lordship was so kind as to engage from Lord Egremont & which notwithstanding the late fluctuation, of the American Patronage, your Lordship will still be so good as to secure. M"? Bernard desires to join with me in Compliments to your Lordship & all our friend. I am, with great respecet, The Right Honble 1 My Lord your Lordships The Ld Viscount Barringtonj most obedient &c &c GOVERNOR BERNARD TO LORD BARRINGTONJ Castle William ^ June 23. 1764 My Lord, I am favoured with your Lordships letter of Feb. 23, & should have acknowledged it sooner, but that I had a letter to you ^ on the Sea at the time I received your last. I think myself highly honourd by your Lordships friendship ; ■* & can assure you the Sense of it gives great Strength to the guard 1 "Bernard Papers," vol. iii (Letter Book), p. 235. The second and third paragraphs appear as a complete letter in Select Letters on the Trade and Govern- ment of America by Governor Bernard (London, 1774), p. 23. The text is practically like the manuscript; the important differences in wording are noted. 2 " Castle William " is omitted in Select Letters. ' First written "your Lordship." * First written "patronage." 76 BARRINGTON-BERNARD CORRESPONDENCE I keep ^ upon my conduct. I consider myself no less fortunate that the Direction of American Affairs should fall into the hands of the two noble Lords, who have so large a share of your 2 Intimacy. In this Confidence, I am going to give your Lordship a trouble which I flatter myself you^ will excuse tho' you should not approve of it. I am not now to acquaint your Lordship that ever since I have been in America, I have studied the Policy of the several Governments & endeavourd to acquire a true Idea of their Relation to Great Britian. But I have had no Encouragement to reduce my thoughts into writing, as heretofore the unsettled State of the Offices ^ afforded me no prospect of a proper opportunity to communicate my Sentiments upon these Subjects. However this Spring I formed my thoughts into a kind of regular System, as concise and as argumentative as could well be.'' And now I wish I had done it sooner : for the kcC proceedings in Parliament have given such a rouse to the poUticians in this Country, that it seems that a pubhcation of some thing of this kind at this time might be of some ® Service. But I could not Venture upon it myself, not only from diffidence of my own Judgement, but because in my Station I do not think myself at liberty to publish anything of this kind without first Submitting it to my Superiors. I have therefore thought it proper to transmit to your Lordship two Copies of this piece, that if you ^ think it deserves Notice, you may transmit them to my Lords Halifax & Hills- » First written "kept." '^ Followed by "Lordships," then crossed off. 'First written "your Lordship." ♦The word "public" is inserted before "Offices" in Select Letters. » See Bernard's "Principles of Law and Polity" in his Select Letters, p. 65. •Omitted in Select Letters. ^ First written "your Lordship." REFORMATIONS 77 borough.^ Altho' it is concise, it is not obscure ; & tho' short it contains the heads of a great deal of Matter : for it seems to me that evry thing I have to say of the American Govern- ments in general & my own Province in particular may be brought into commentaries upon this little Work ; ^ & for such a purpose I have intended it. If it has any Merit, I would have the honour of your Lordships Mediation; if it has none, I shall stand in need of your Apology. I shall send your Lordship another Copy by the next packet I send to London : but having these two ready, I was unwilling to lose the benefit of a Ship now ready to sail : for I don't care to trust anybody to copy these but my second Son, who being engaged in a Merchants counting house has very little spare time to write for me. M"^ Bernard has lately been very much out of order with a slow feaver but is now mending apace. This CUmate does not agree with her so well as it does with me : if I should have more frequent instances of it I shall be much disconcerted. She joins with me in comphments to your Lordship your Lady & all our friends. I am. with great respect The R* Honble My Lord &c The Lord Barrington ^ The names of Halifax and Hillsborough are left blank in Select Letters. ^ The word is "piece" in Select Letters. 78 BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO LORD HARRINGTON » Boston July 23, 1764 My Lord I take this opportunity to send to your Lordship a duplicate of a letter I sent by the Ship Boston packet Capt Marshall which sailed for London on June 27 ; and also another Copy of the paper mentioned therein. I have nothing to add but that the Experience of explaining to the Americans the nature of their own rights keeps encrasing, as new Pampletts on the popular Side are coming out. If your Lordship should think that this Paper affords a proper System for such an explaina- tion, I am quite prepared to enforce & extend the principal propositions thereof, by observations of my own & conclusions drawn from them. If this paper should be thought to deserve a serious Consideration, I should be glad if your Lordship could procure Lord Mansfields thoughts upon it. I have the pleasure to inform your Lordship that M":^ Bernard has kept improving ever since the date of my last. She is now a a pleasent house of the Secretary's 5 miles from Boston, which he has lent us ; as the Air of it is thought more suitable to her than than that of my Summer Residence the Castle I am, with great respect &c The R* Honble The Lord Vise* Barrington » "Bernard Papers," vol. iii (Letter Book), p. 236. THE NAVAL OFFICE 79 LORD BARRINGTON TO GOVERNOR BERNARD ^ Beckett 7. Sep|^ 1764. Dear Sir, I have two unanswer'd Letters of your's; one dated in March, the other in June last : It is not long since I received them ; the first having been a great while on its road, before it got hither. Soon after your Son's arrival at oxford, he very obUgingly desired to know whether he might wait on me here to use his own modest expression. He came hither at my request, and past a day or two with us. He seems very much to answer your description of him : I do not see why he should not make his way in the world very well ; and I heartily wish he may ; to the intire satisfaction of his friends. In a former Letter I acquainted you that I had mentioned your son to Lord Halifax when he became Secretary of State for the Southern Department ; but as he (Mf Bernard) was considerably under Age, I only said I had a request to make in his favour, which I had made with good prospect of Success to Mr Pitt and Lord Egremont. Finding him to be one and twenty the 2f} of this month, I explain'd the whole Plan of what you & MF Pemberton had settled to Lord Halifax, making oppology for breaking, or rather seeming to break, a resolution he knew I had taken when I became Treasurer of the Navy ; which was to ask no favours of any body, since I was no longer in a Situation to make a return : I told my Lord what I then did was no new matter, having undertaken it with Mf Pitt near four year's ago. I was sorry to find more difficulties than I expected, tho I did not find the least diminution of his Lordships friendly good will for me . He said he had refused many things of the kind, to People he loved & * " Bernard Papers," vol. x (Correspondence), p. 187. 8o BARRINGTON-BERNARD CORRESPONDENCE wish'd to gratify ; conceiving that reversions, additional names added to grants, & resignations in favour of others, were in their natures injurious to the Crown, the PubHck & his suc- cessors in office; all which is most undeniably true. I en- deavour'd to make distinctions between this Case and others ; and left him assuring me he would consider the whole matter carefully, & see what could be done to oblige me. He spoke of you with much esteem and approbation : I left with him one of the two manuscript Copies you transmitted to me; and Lord Hillsborough shall have the other when he returns from Ireland. I shall have more conversation with Lord Halifax at the end of this month concerning your son, and you shall know the result. I have lately had some talk with our friend Pownal about mount Desart, who assures me your grant shall have his best assistance, & seems to think it will pass to your Satisfaction : He & M^ Jaciison have promised to let me know when any help of mine is wanted. I am extremely concern' d to hear that M"? Bernard has not got her health so well as she had in England. I flatter my self however she will soon get rid of every indisposition and find New England to agree with her as well as the old. I trouble you with a Letter for her in answer of one she lately honour'd me with about her son. I am with great truth & Esteem Dear Sir Your Excellency's P-S- Most faithful & Since writing this Letter Obedient Servant I have received your third Copy and the Letter dated 23^ July therewith Barrington inclosed MT. DESERT 8l LORD BARRINGTON TO GOVERNOR BERNARD i Beckett 3^ Oct^ 1764. Dear Sir, I had the misfortune to lose Lady Barrington last week. She had been very ill, and was not expected to Uve long, but her death was not thought to be so near. I have presented your work to Lord HaHfax who admires it greatly, and says it is the best thing of the kind by much that he ever read : I am persuaded Lord Hillsborough will not give it less commendation. When I return to London I will see what can be done for my Cousin Francis in respect to Pember- ton's employment. I am with my best Comp! to M"? Bernard Dear Sir Your Excellency's most faithful & most obed^ Servant Barrington. GOVERNOR BERNARD TO LORD BARRINGTON ^ Castle William Octo 20. 1764 My Lord I have been long in hopes, that I should not have occasion to trouble Your Lordship upon the Subject of Mount desert any more than to return you thanks. But at a time when I expected evry day to receive the confirmation of my grant, I learn from M"^ Jackson that new objections are made to the Province's right to those lands, & when we thought ourselves Safe in harbour. We are all drove out to sea again. At the Same time I receive from Sec^ Pownall, & by declarations from him to M^ Jackson, assurances that I shall have the 1 "Bernard Papers," vol. x (Correspondence), p. 195. ^ Ibid., vol. iii (Letter Book), p. 254. 82 BARRINGTON-BERNARD CORRESPONDENCE Island at all events. I could be content to wait till evry obstacle that stands in my way was removed : but unfort- unately my undertaking's & Engagements will not wait any longer. This obhges me again to be troublesome to all my friends ; the occasion of it I will explain to your L'^ship. Altho' for want of the Kings confirmation, I could not do any pubHc Acts of ownerships' yet as I have been allways considered & have considered myself as the Owner of the Island, I have been inavoidably led into considerable expences for improving & peopling the place : Among which, besides my frequent Voyages, I may reckon the Surveying the whole Island, which will come to a large Sum, & the laying out a Town & cutting out all the lines of the principal Streets, to make the plan more readily understood. But this Summer I thought myself uncommonly fortunate: for having had a German Agent introduced to me, who was employed to look out for a settlement for a Congregation he belonged to, I offered him my Town at Mount desert ; where I showd him and accordingly I took him & a German Minister his assistant in my sloop to Mount desert [ ] the spot proposed, & in a very few words came to an agree- ment with him for 80 families, to whom I was to assign 2000 acres, being 25 acres each, gratis, & as much more land as they should want at an easy rate then agreed on : and I was to be at a considerable expence in preparations for their recep- tion,^ which I now cannot excuse myself proceeding in I had before 20 families of near 100 souls upon the Island or engaged to it, & a sawmill erected there, which I believe contributed to determine the Germans in favour of it. Your Lordship may imagine that I plumed myself greatly on this Success; & was not a little pleased at the prospect of ^ First written "regard." MT. DESERT 83 seeing a regular Town start up in one Summer, in a desert, at a distance from any other Town from 60 to 100 miles evry Way. When instead of receiving my Confirmation, I have advice from M' Jackson, that the objections to the Province's right are again revived. & the Confirmation of the grants are put off sine die. This is a grieveous disappointment : for tho' I should ^ hereafter get the Island, yet if by this delay I lose the German Colony, it will be a loss never to be retrieved. If indeed I should lose them & the Island too, it would be a kind of little ruin. I consider the Island at this time as in- debted to me for 1000 pounds stf & it is, allmost if not quite, the sum total of my Acquisitions in America ; it is peculiarly calculated ^ for the present state of my house, worth nothing at present & valuable only in future ; & I do not expect to get anything from it myself, but it will be a valuable legacy to my Children after I shall, with expence & labour have made it no longer a desert Island. All that I've been to blaim for, is, that I have suffered my Activity & public spirit, to outrun my Prudence : & I could well apologise for that, if I could quote all the encouragements I have had to consider this Island as my own. But I hope & fully persuade myself that I shall not suffer by having been eager to people one spot of the Vast wast of his Majesty's Dominions. For this purpose I beg leave to engage your Lordship to be my advocate : to which End I have sent to M"^ Jackson all necessary Papers, among which are Memorials for the Secretary of State, & the board of Trade, with letters to the Sec'?' of State & the first Lord. These M'' Jackson will cummunicate to y' Lordship, & will give you notice when the Matter is pressed, & will inform you, if it should be the Case, as I hope it will, where y' Lordships Interposition will not be * First followed by "not," then crossed o£f. ^ First written "adapted." 84 BARRINGTON-BERNARD CORRESPONDENCE wanted as well as where it will be necessary : as I am very desirous that your Lordship should have as little trouble in this Affair as the Exigency's will admit of. I am &c The R' Honble The Lord Vise' Barrington. GOVERNOR BERNARD TO LORD BARRINGTON* Boston Decf if^ 1764 My Lord I am favoured with yours of Sepf 7 & Ocf 3 both which came together. M'.^ Bernard has taken upon her to answer the latter ; & I beg leave to join therein I am in great hopes my Son will prove an usefull & Steady man : My Letters from England give me good Encouragement to expect it. It is a good account of him that as yet he has acquired no vitious habit whatsoever : and I am therefore desirous as soon as possible, to engage him in actual business, knowing what a dangerous state to a young man Want of Employment is. For this purpose it has been some time my intention to fix him in the Naval Office here, if your Lord- ship's kind intentention to ^ procure it for him should succeed. In this your Lordships friendly Care anticipates my own Sollicitude ; & has, I hope effectually inforced the particular considerations, which distinguish my Case from General rules. Upon the time of my sons full age arriving, M^ Pemberton of his own accord renewed his conversation with me on that subject, and as one of the objections, my Son's Minority was over, if the other of making the grant to two Names could ^ "Bernard Papers," vol. iii (Letter Book), p. 271. » Followed by "fix him in the Naval Off," then changed to "procure." THE NAVAL OFFICE 85 not be got over, he would Consent that the sign Manual might be made out in my Son's name upon the following terms. That to provide against accidents of death A Stipu- lation be enter'd in the proper office, if it may be, that at all events Mr Pemberton shall enjoy the profits reserved to him- self, 2 thirds for 2 Years from SepF 1764 one half for 3 years & one third for hfe, this stipulation to be made secure to the Satisfaction of Aid? Baker MF Pembertons friend Also that M^ Bernard shall not enter upon the Office till after the first 2 Years & shall then Authorise M^ Pemberton to join in the Administrations of it for 3 Years more. Nevertheless MF Pemberton is very desirous that the Grant should be joint & I should approve of it as it is warranted by former usage & is the least exceptionable Method. I am very much flattered with your Lordship's Account of my Lord Hahfax's approbation of my Essay. Altho' the writing itself was an hasty work, the subject matter was the result of some Years consideration begun in the first days of my Government & carried on in the View of Seven Govern- ments which have been within the Circle of my observations ; but was never put upon paper untill June last & then finished in a fortnight in intervals of leisure during the sitting of the Assembly. I have endeavoured to ascertain principles for connecting America with great Britain with a true regard for both my Countries. As for Mount desert I have received numberless Assurances of it's being confirmed to me, some directed immediately to myself but many more thro' MF Jackson. I still promise myself that I shall have it : tho' I cannot but regret that it has given so much trouble to my friends: for myself, trouble is my portion ; and I must neither decHne nor regret it. I have the pleasure now to inform your Lordship, that M'? 86 BARRINGTON-BERNARD CORRESPONDENCE Bernard has quite recovered her usual health, & seems to be in as good a state now as ever. However she must take Care of herself : She is not so able to bear this rough Climate as I am, who enjoy as good health at the present as at any time of my Life. I have the pleasure to hear that your Lordship also enjoys your usual happy temperament : Long may it be preserved. I am with great gratitude and respect, The Right Honble 1 My Lord, Your Ldps The L- Vise' Barringtonf &c &c LORD BARRINGTON TO GOVERNOR BERNARD ^ Beckett Aug^ s^^ 1765- Dear Sir, I have defer'd writing to you for many months expecting that my friend Lord Halifax would come to some determina- tion concerning the Employment now held by M"' Pemberton. I did every thing in my power to conquer his Lordship's Scruples, and indeed what seem'd to me sufficient for that pur- pose; but nothing was done when he resign'd the Seals. I have not half the reason to hope favour from his Successor tho' I have lived on very good terms with him all my life. Solicitation is intollerable to me, & would be impossible if it were new matter ; but such is my desire to serve you & my Cousin, that I will see what can be done in case any favour- able opportunity offers. I beg you will acquaint Mf Ber- nard of this with my best Compliments. I left this place about three weeks ago, went directly to the King and beg'd he would dispose of the Employment He had given me, in case it could be of any use to the settlement of * "Bernard Papers," vol. x (Correspondence), p. 276. POLITICS 87 his affairs under his new administration; & I came out of the Closet a second time Secretary at War to my great Sur- prise. I am at all times & in all situations Dear Sir Your Excellency's most faithful humble Servant Barrington LORD BARRINGTON TO GOVERNOR BERNARD 1 Cavendish Square 12*^ Septm^ 1765 Dear Sir I acquainted you by the last Packet that Lord Halifax had left the Secretary of State's Office, without doing any thing in regard to the Naval Office, tho' I did every thing in my power to remove his scruples. After so Httle success with one of the oldest & most intimate friends I have in the World, I can have but little expectation of succeeding with any body else : however, I have mentioned the Affair to General Conway, who has taken it under his consideration ; but I must confess to you, from what pass'd between us, I con- ceive very slight hopes, if any. I shall not know his final determination before Saturday's Packet sails, however I would not let it depart without carrying you this information; with assurances of my being with great truth and regard Dear Sir P.S. Your Excellencys I beg my best compliments Most faithful may be made to M"^ Bernard humble Servant & my young Cousins. Barrington ^ " Bernard Papers," vol. x (Correspondence), p. 296. 88 BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO LORD BARRINGTON^ Boston, N. E. Nov^ 15. 1765. My Lord, I am favoured with your Lordships letters of Aug^ 5 & Sep' 12. I have long had a desire to write to your Lordship on subjects of more importance than those which have lately given your Lordship so much trouble: but the great Con- fusion which this Province, & more especially this Town, has been put into, has taken from me all choice of Correspond- encies. At present I only sit down to acknowledge your^ Lordships last favours. I am heartily sorry that I ever moved this business, which has given your Lordship so much Solicitude & myself so much Mortification, And yet for my own Justification, I must say that I had no Idea of its being a business of so much diffi- culty & Perplexity as I have found it to be. I argued upon the reasonableness of my request, & from thence concluded for its Practicability. I found myself in a Government of very great trouble, & very inadequate pay : I therefore per- suaded myself that I should be allowed to resort to Patron- age for some Compensation; & what could I expect more favorable to me than a Patronage which had in all instances but one belonged to the Governor, & in an instance where I had paved the way by private Negotiations. I do not men- tion this by way of Complaint, but as an Apology for having led ycur Lordship into a fruitless Solicitation ; as from your Lordship last letter I conclude in the end will prove. I fear that M Temple's malicious & unjust Charge against me has made impressions to my disadvantage, or at least 1 "Bernard Papers," vol. v (Letter Book), p. 38. 2 First followed by "favours," then crossed off. MONEY MATTERS 89 has created a Notion that I get money fast enough without any extraordinary favour. In regard to the general Imputa- tion against me, I have been very happy in having so good a friend as your Lordship, ready to defend me against a stab in the dark, which It was not in my power to guard myself against. It has been also a great Comfort to me to learn, that at those Offices, where my Conduct has been canvassed for upwards of seven Years, I had gained a credit, which formed a kind of ballance against M Temple's insinuations. And yet it has given me great Concern that I have never had an account of the Particulars of the Charge against me, nor an Opportunity to make a formal defence thereto. It is true, I may suppose from thence that it is entirely discredited ; but yet I could have wished that my Vindication had been at least as public as the Accusation was. As for my getting money in this Government, I would with pleasure give an Account of evry shilling I ever received : but perhaps the sum total will be sufficient. The certain Income of this Government including Salary & ordinary fees is 1000 guineas a year at a medium. The Contingent profits arising from Shares of the forfeitures have in five Years amounted to about £1700 including the forfeiturs which M Temple grounded his Complaint upon. This makes £340 p Ann ; & the whole income for 5 Years may be called £1400 p Ann. I can't Spend less than 1000 £ p Ann ; & in some Years have spent 2 or 300 £ more. What then is there to lay up. I have lately made a rough Estimate of my whole Possessions : & I find myself worth 1000 pounds more than I was when I rec"^ my first Appointment; & have wondered at my being so rich. I have not been used to be so solicitous about my private profits : but the rising generation makes it evry day more & more my Duty. 90 BARRINGTON-BERNARD CORRESPONDENCE But whatever Success this, or any other Solicitation or expectation of mine may have, I shall allways retain a grate- ful Sense of your Lordships favor; To whom I owe evry thing which I now have, & to whom I am allready indebted beyond all power of retribution, except by sincere thanks & earnest good wishes. I hope very soon to write again to your Lordship ; possibly before I shall have dispatched this. I am, &c M'^ Bernard begs leave to join in Compliments to your Lordship & all our friends. Right Hon^'^ Lord Barrington. P.S. Nov^ 19. Since I have wrote the foregoing, I have seen M Pemberton who tells m that he finds that his Convention with me, has set other Persons upon treating about the disposal of his Office : of which he gives this instance. Commodore Loring (the Commanding Officer upon the Lakes) who lives near M Pemberton, came to him some time ago, & told him that he had received advice from London that he, M Pemberton, wanted to dispose of his Office; & oflfered to treat with him for it on behalf of his Son who is an Officer in the Army. M' Pemberton declined the Treaty & avoided explanations as well as he could. Some time after, M Loring came again, & said that he was assured that M Pemberton had expressed his desire to quit his Office, & pressed him to treat with him. M Pemberton there Upon declared that what intention he had professed was in favour of my Son, & no one else ; that the Business was out of his hands & that he could treat with no body else : Upon which M Loring dropt his Sollicitation. THE NAVAL OFFICE 91 This has alarmed M Pemberton, who is a cautious Man : and he is apprehensive that his treaty with me will bring upon him apphcations from others upon Terms prescribed to him. But I endeavour to persuade him that if your Lord- ship shall not prevail to have our Agreement carried into execution, you will not want Power or will to prevent any disadvantage being taken against him upon that account. However he proposes to write to the Duke of Newcastle, who has been a kind of Patron to him in regard to this Oflace, & will inclose the letter unsealed in a cover to your Lordship. And I would beg leave to intimate to your Lordship, that if an Alteration in our Plan, such as an absolute Resignation would procure Success, I doubt not but I could easily come to terms with him : which I submit to your Lordships Con- sideration. LORD BARRINGTON TO GOVERNOR BERNARD ^ Cavendish Square 16. Dec''- 1765. Dear Sir, In a former Letter I acquainted you that I had spoken to Mf Secretary Conway about your son's appointment : no thing has been done in that matter, but I have better hopes than I had formerly of my Success. I most sincerely pitty North America, & every body in it ; particularly those in most authority. I am confident one Governor at least will do his duty. I am in very great haste but as great truth D"^ Sir- Your most faithful & obedient Servant My best Comp^ to my Barrington. Cousins. 1 "Bernard Papers," vol. x (Correspondence), p. 328. 92 BARRINGTON-BERNARD CORRESPONDENCE LORD BARRINGTON TO GOVERNOR BERNARD ^ Cavendish Square Feb : 6. 1766. Dear Sir, I received your Letters of the 15^.^ November yesterday. The Packett goes out again the day after to morrow ; I am engaged in a great deal of ofl&ce business, and the House of Commons sitts on American affairs continually till two or three in the morning. This does not hinder my acknowleg- ing most cordially your remembrance of me ; but it prevents my answering your Letters as I ought, or acquainting you with the present state of affairs here. I hope your other Correspondents are not so busy. In my last Letter I acquainted you that M^ Secretary Conway had given me hopes that the Naval office of your Province would be confer'd jointly on M^ Pemberton and your Son. Those expectations have been since confirm'd, & I am not without an Idea that the thing may be actually done before the Packet sails. Your Conduct which has obtain'd the highest approbation and most publick and general commendation,^ has done infinitely more than any friendly efiforts of mine. Your Correspondence with the Ministry laid before both Houses of Parliament is universally admired ; I wish the Publication of it may not produce any incon- veniences in America. Mr Temple's representations against you have had no effect, and I shall always be watchful for your Service, both at the Treasury and the Council. I have just had time to look over your most ingenious Letter on the Subject of North America. I shall studdy it ^ "Bernard Papers," vol. x (Correspondence), p. 332. 2 First written " approbation." REFORMATIONS 93 very closely my self, and will make the proper communications of it. I am with my best Comp? to M^.^ Bernard & all my Cousins, Dear Sir Your most faithful & obedient Servant Barrington GOVERNOR BERNARD TO LORD BARRINGTON 1 Boston Nov : 23 1765 My Lord It is not above a Year since I troubled your Lordship with Copies of an Essay to delineate the Principles of Law & Polity 2 applicable to the British Colonies in America. Among these two principal Conclusions were, that the Regulation & Reformation of the American Goverments was then be- come a necessary Work ; and that the present was the most proper time to undertake that Work. If I could have then spoke out with that earnestness with which I thought upon the Subject, I should have urged it as a Business which would admit of no Delay; a Business to which all others ought to have been postponed ; as it was itself a necessary Preparative to allmost all others. But unfortunately (I speak it feehngly) the Business of the Finances took the Lead : this was un- doubtedly an Urgent & primary Concern of the Councils of Great Britain ; but it did not follow that it ought to be im- mediately extended to America. A little Consideration ^ "Bernard Papers," vol. v (Letter Book), p. 47. This letter is printed in Select Letters on the Trade and Government of America by Governor Bernard (London, 1774), p. 29. Some portions of the printed letter are quite different from the manuscript ; the important differences are here noted. ^ See Select Letters, p. 71. 94 BARRINGTON-BERNARD CORRESPONDENCE would have made it at least doubtfull whether an inland Taxation of the Americans was practicable or equitable at that 1 Time. If I had had the Ques'tion put to me I think I should have proved the Negative in both particulars.^ It must have been supposed that such an Innovation as a Parliamentary Taxation would cause a great Alarm & meet with much Opposition in most parts of America; It was quite new to the People, & had no visible Bounds set to it ; The American's declared that they would not submit to it before the Act passed ; & there was the greatest probability that it would require the utmost ^ Power of Government to carry it into Execution. Whereas at this Time the Govern- ments were weak & impotent to a amazing Degree; The Governors ^ & the ^ Officers of the Crown in several of the cheif Provinces intirely dependent upon the People for Sub- sistence ; The Popular Scale so much weigtier than the Royal, that it requiied Address & management & frequent temporiz- ing to preserve a tolerable ballance ; The Persons of the Governors & Crown-Officers quite defenceless, & exposed to the Violence of the People without any possible Resort for Protection. Was this a Time to introduce so great a Novelty as a Parliamentary inland Taxation into America ! ? Nor was the Time less favourable ^ to the Equity of such a Taxation. I do not mean to dispute the Reasonableness of America contributing to the charges ^ of Great Britain when she is ^ able : nor, I beleive would the Americans themselves have disputed it at a proper Time & Season. But it should be considered that the American Governments themselves » The word is " this " in Select Letters. ^ * First written " Government." 2 First written "Instances." s Omitted in Select Letters. ' First written "greatest." 6 Yhst written "mifavourable." ^ First written "relieving the incumbrances," then changed to " the charges." ' First written "was." REFORM A TIONS 9 5 have, in the prosecution of the late War, contracted very large debts, which it will take some Years to pay off, & in the mean Time occasion very burthensome Taxes for that Purpose only. For instance, this Government, which is as much before hand as any, raises every Year ^37,500 sterling for sinking their Debt, & must continue it for 4 Years longer at least before it will be clear. If therefore the par- liamentary Taxation had been postponed for this Time, & the interval employed in regulating & strengthening the Governments, It probably might have been then introduced without much Difhculty. Now it seems that both one & the other are at ^ greater distance that ever. It were much to be wished that America could be brought to the State it was in, two Years ago; when there was a general Disposition to submit to regulations & requisitions necessary to the Reformation of the Governments & ascertaining their relation to Great Britain. But that Time is past & not to be retreived : since the Insurrections against the Stampt- Act, The Americans have found the Governments so con- temptibly weak & the People so superior to the ^ Royal Au- thority, that they are not a Uttle elated upon their Triumphs over the defenceless Officers of the Crown; & seem to be resolved that their ^ Idea of their Relation to Great Britain, however extravagant various & inconsistent shall be the standard of it. So that it is ^ to be feared that it will cost much time & Treasure ^ to bring America to that Degree of Submission, which the Parhament will think necessary to require of them. The Question will not be whether there 1 The words are "at a greater distance" in Select Letters. 2 Omitted in Select Letters. ' Followed by "Relation,'' then crossed off. * Followed by "much," then crossed off. 6 Followed by " (& perhaps some blood)," then crossed off. 96 BARRINGTON-BERNARD CORRESPONDENCE shall be a Stamp Act or not ; but whether America shall or shall not be Subject to the Legislature of Great Britain. It is my Opinion that all the Political Evils in America arise from the Want of ascertaining the Relation between Great Britain & the American Colonies. Hence it is that Ideas of that Relation are formed in Britain & America, so very repugnant & contradictory to each other.^ In Britain the American Governments are considered as Corporations empowered to make by-Laws, existing only during the Pleasure of Parliament, who hath never yet done any thing to confirm their Establishment, & hath at any Time a Power to dissolve them. In America they claim (I mean in ^ publick Papers,) to be perfect States,^ no otherwise dependent upon Great Britain than by having the same King ; which having compleat Legislatures within themselves, are no ways subject to that of Great-Britain; which in such Instances as it has heretofore exercised a legislative Power over them has usurped it. In a Difference so very^ wide who shall determine ? The Parliament of Great Britain? No, say the Americans (I mean the violent & foolish^ of them) ; that would be to make them Judges in their own Cause. Who then? the King? He is bound by Charters &^ Consdtutions equal to Charters ; & cannot decree^ against his own Grants. So at this Rate there is no superior Tribunal to determine upon the Rights & Priviledges of the American Colonies. But the general Plea of the Americans against the Stamp ' First written "one another." 2 The words are " in the publick" in Select Letters. » First written "compleat Governments," then changed to "perfect States." * Omitted in Select Letters. ^ The words "& foolish" are omitted in Select Letters. • The word is "or" in Select Letters. ' The word is "declare" in Select Letters. REFORMATIONS 97 Act is that they are not represented in Parliament, & therefore not Hable to be taxed by it. To which it has been answered in England, that they are, virtually represented in Parhament. Each of these Pleas tends to expose its own Cause: If the Americans rest their Defence upon their not being represented, It is in the Power of the Parhament by admitting representa- tives from America to take away all Pretence of their not being bound by its Acts ; On the other side, if the Notion of the Americans being virtually represented should be falsified in fact, the Plea of the Americans will remain in its full Force. Whereas The Right of the Parhament of Great Britain to make Laws for the American Colonies is founded upon its being the Supreme Imperial Legislature, to which all Members of the Empire, whether represented or not, are subject in all Matters & Things & in Manner & Form as shall be judged most convenient for the whole. But tho the Parliament of Great Britain does not stand in Need of a Real or Virtual Representation to ground its Au- thority over the Colonies, it may now be worth Consideration whether Admitting Representatives from the Colonies may not be a Proper expedient for the present Exigencies. Two Years ago a proposal of this Kind would not have bore an^ hearing : But so much is America altered by the late financial Acts, that a New System of Policy & of a more refined Kind than was wanted heretofore, is now become needful. The Patchwork Governemnt of America will last no longer: The Necessity of a Parliamentary establishment of the Government of America upon fixed Constitutional Principles is brought on with a Precipitation which could not have been foreseen but a Year ago ; & is become more urgent by the very Incidents which make it more difficult. The Circum- 1 Printed "borne a" in Select Letters. 98 BARRINGTON-BERNARD CORRESPONDENCE Stance of the Americans justifying their Disobedience by their not being represented^ points out a Method to inforce their Obedience upon their own Principles. Take them at their Word; let them send Representatives for the present Time & for the present Purposes : 30 ^ for the Continent & 15 ^ for the Islands would be sufficient. In this Parliament, the Colonies being actually represented, Let the Affair of the American Governments be canvassed to the Bottom; & let a general uniform System of American Government be formed & Established by Act of ParHament, by which the Americans according to their own Principles will be bound ; and let the Relation of America to Great Britain be determined & ascer- tained by a Solemn Recognition; so that the Rights of the American Governments & their Subordination to that of Great Britain may no longer be a Subject of Doubt & Dispu- tation. When this Great Wo k is done the American Repre- sentatives may be dismissed & left to attend their own legisla- tures, which will then know the Bounds of their own Authority.^ Ireland^ affords an Example for the Usefulness of this Work ' Followed by "in Parliament," then crossed off. 2 First written " 20." 3 pirgt written " 10." * In Select Letters the words "or may be continued, as shall be found most adviseable" are added after the word "Authority." " The following paragraph in the Select Letters differs so much from the above, that it is here given in full. " Ireland affords an example of the usefulness of this work, and the manner of doing it. It is owing to the wise administration of Ireland, when it was first made a kingdom, that the form of government of that island, which is as perfect for a dependent, as that of Great Britain for a supreme power, has lasted now for two hundred and seventy years, without wanting the least amend- ment of fundamentals. Haply America, in the formation of her government, had not the same care taken of her, to regulate her policy, and prevent the mischiefs which the uncertainty of the relative powers of civil government, supreme and subordinate, is now bringing on like a torrent. The civil policy of America is composed of temporary expedients, all derived from the Crown only; not one of the American governments has that sanction which none of REFORMATIONS 99 & the Manner of doing it. It is owing to the wise Administra- tion of S'' Edward Poynings in Henry the 7'^'^ Time, that the Form of Government of that Island, which is as perfect for a dependent, as that of Great Britain for a supreme Power, has lasted now for 270 Years, without wanting the least Amendment of Fundamentals. Haply America has not had a Poynings to regulate her Policy & prevent the Mischeifs, which the Uncertainty of the Relative Powers of civil Gover- ment, imperial & subordinate, is now bringing on like Torrent. The Civil Policy of America is composed of temporary Ex- pedients all derived from the Crown only; not one of the American Governments has that Sanction which none of them ought to be without, a parliamentary Establishment. And imtill the parliament shall establish the American Govern- ments upon a constitutional bottom, & ascertain the Limita- tion's & extension's of their Legislatures, It must be expected that the Governments will be continually subject to disturb- ance, whenever the Americans think fit to complain of innovations upon & infringements of their Rights; that is whenever any thing is required of them which they don't like. Ireland also affords Instances of every Kind of Regulation which America wants ; which may be brought under these Heads, i . The Governments (especially in the Old & settled ^ Countries) should be composed of such ample Districts, as will enable the People to keep up the State of Government without feeling the Burthen of it. 2 : There should be one them ought to be without, a parliamentary establishment. And, until the Parliament shall establish the American governments upon a constitutional bottom, and ascertain the limitations and extensions of their legislatures, it must be expected that the governments will be continually subject to dis- turbance, whenever the Americans think fit to complain of innovations upon, and infringements of, their rights; that is, whenever any thing is required of them which they don't like." 1 Followed by "Funds," then crossed off. lOO BAREINGTON-BERNARD CORRESPONDENCE Form of Government as like as possible to that of Great Britain, that is the same as Ireland, with a true Middle Legisla- tive Power, appointed by the King for Life & separate from the privy Council. 3. There should be a certain & sufficient civil List laid upon perpetual Funds for the Support of all his Majestys Officers, so that they may not be too much dependent upon the People. 4. The Several American Govern- ments should Maintain such standing Forces as shall be thought necessary to be kept up in America as their quota of the general Armament of the Empire, by raising the Sums requisite therefor & paying the same into the Kings Treasury ^ in America; the Numbers of Men,^ & proportions of the several Governments to be settled by the Parliament of Great Britain. 5. There should be a solemn Recognition of the Supremacy of the Parliament of Great Britain over the Ameri- can Governments, which should be the first Act of each Legislature aiter its new Estabhshment & be The condition of its Activity. 6.^ There should be a general Rivisal of the Laws of America, that they may be reduced as near as possible to the Standard of England & the Administration of Govern- ment & Law may be render'd as similar thereto as well may be.* You see here, my Lord, a Scheme for settling America; which, I doubt not, will appear to be very extravagant. It may be ^ so ; but such also is the State of the Country ; ex- ^ First written "Treasuries." 2 Followed by "Sums of Money," then crossed off. ^This sentence was first written "There should be also (which should may be included in the same Act) a Bill of the Rights of the People, which should be declared to be the same with those of the People of England, the Dependency xcepted," then crossed off. "Bernard Papers," vol. v (Letter Book), p. 155. POLITICS 117 suaded myself that I shall be able to stay here with a very probable prospect of Safety. / Whilst I am perparing to write to your Lordship to this purpose, I received your Lord- ships letter of July 12, which has again put me into a State of uncertainty of the pleasing Kind. It is a Pity that there should be any Interval between the Indulgence of America & the Reformation of it : because in such Case, The Former instead of being subservient to the latter will impede it. It is therefore much to be wished by ev'ry one, who has the prosperity of the British Empire at Heart, that such a Min- istry may be formed, who may have power as well as Judge- ment to reunite the different Members to its Sovereign Head upon true principles of Constitutional Policy, without which all Temporary Expedients must fail. And I perfectly agree with you Lordship that untill such a ministry so disposed is formed it will be to no purpose for me to come to England : unless I shall be called with an In- tention of preferment. And I shall entirely acquiesce in waiting 'till your Lordship sees the proper Time, & shall give a Direction to the Opportunity which shall offer for its Im- provement I am &c The right hon'ble the L*? Visc^ Barrington ii8 BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO LORD BARRINGTON^ Boston Oct. 15 1766 My Lord I beg Leave to introduce to your Lordship Chambers Russel Esq' Judge of the Court of Admiralty & one of the Judges of the Superior Court of this Province. He goes to London to endeavour to procure an Appointment of a Salary to his Office having for 20 Years past served his Majesty, too much at his own Expence ; tho with great Fidelity & Reputa- tion. His having been a Member of the Council for many Years & for these 3 or 4 last Years, by his own preference, a Member of the House of Representatives, & in every Sta- tion a faithful Supporter of the Rights of the Crown, He is extremely well qualified to represent the True State of this Province both as to its Government & its Governor, as he is well acquainted wuh the Merits & Demerits of them both : and it is for that purpose as well as to put him in the Way of your Lordships Notice that I take the Liberty to recommend him. The Honor or Favour which Your Lordship will be pleased to shew him will be conferred on a very deserving Man I am &c The Right Honble The Lord Visc^ Barrington 1 "Bernard Papers," vol. v (Letter Book), p. 164. POLITICS 119 LORD BARRINGTON TO GOVERNOR BERNARD 1 Cavendish Square Ded 13. 1766. Dear Sir, I fear I have not acknowleged either of your Letters dated in April : ^ The first of them expresses an earnest wish to leave Boston, the second a willingness to remain there. As there is no inconstancy in your mind, I conclude this change arises from your finding before the middle of the month that no Troops were coming into your Province; a circumstance which you apprehended a fortnight before, & which you thought would lay you under great difl&culty. Be assured that your wishes will be always accompany 'd by mine. I have never had any intimation from General Gage that he intended to send Troops into New England. He knows my opinion, which is that they should not be quarter'd in the old Colonies which have been long settled and inhabited, unless call'd for by the Civil Magistrate or Government of the Province, as necessary to preserve the publick peace. I open my self very freely to you, and know that I may safely trust your discretion. We have lately had some considerable changes here : I need not mention names or ofiices, as the pubHck papers will give you full information of those Particulars. It seems to me on the whole that there was both passion and faction in the resignations. The Minister (who declares himself the strenuous opposer of faction) would willingly have brought in several of the Duke of Bedfords friends as individuals; but they wanted to come in as a Body, which was not per- mitted. The vacant offices have been given partly to old ' " Bernard Papers," vol. xi (Correspondence), p. 53. * There is no letter of this month in the "Bernard Papers." 120 BARRINGTON-BERNARD CORRESPONDENCE Servants of the Crown displaced by different administrations, & partly to Men who would take Employment by themselves. I think on the whole that the arangement has been well made ; & I have a very good opinion of the stabiHty & strength of Government : I hope it will soon turn its consideration to the Western as well as the Eastern part of the Globe. Lord Hillsborough has left the Board of Trade where he was not situated to his Satisfaction, & is intended for high & im.portant emplo>'ments when vacant, but at present he is one of the Post masters General. M^ Nujent (created Lord Clare in Ireland) is at the head of the Board of Trade. I beg you will assure all my Cousins of my affectionate regard, and that you will believe me to be Dear Sir Your Excellency's most faithful & most obed Servant Bakrington Turn over P.S. A few days ago I reced a Letter of introduction which you had given to a Gentleman who dyed at his landing at Portsmouth. From the Character you give of him I much regret him & think him a great loss at this Juncture. LORD BARRINGTON TO GOVERNOR BERNARD ^ Cavendish Square Feb. 13. 1767. Dear Sir, I take the opportunity of to morrow's packett to acquaint you that no great alteration has lately happen'd here in pubhck affairs. Lord Chatham's gout at Bath has postponed many weighty considerations and among others the affairs of America 1 "Bernard Papers," vol. xi (Correspondence), p. 65. DESIRES TO RETURN 1 21 which I fear grow more difficult every day and certainly will not become easy by procrastination. Let this short note assure you, M'.' Bernard & all my Cousins, that I am anxious at all times for your happyness & wellfare, being with the greatest truth Dear Sir Your most faithful & most obedient Servant Barrington. GOVERNOR BERNARD TO LORD BARRINGTON ^ Boston Jan 20 1767 My Lord I continue to learn that your Lordships Opinion is full against my coming to England at this Time. I am therefore absolutely satisfied with this Determination altho' this place continues to be made as disagreeable to me as it can well be without Apphrension of Violence. I call to my Aid what philosophy I am Master of, which is partly native & partly acquired & does me great Service. I am also much releived by the frequent professions of Regard which I receive from the most respectable persons in the province, some of whom are fellow sufferers. And I contrive to contrast my Labours with amusements of different Kinds of which I have a con- siderable Fund within myself. So that upon the whole I I go on pretty well, & have not, I hope, lost an Ounce of flesh in all my Troubles. But, my Lord, I cant help thinking now & then what is to be the End of all these Things both as to the public & my- self. It is evident to me that Great Britain must interpose with the Governments of America some Time or other. But ^ "Bernard Papers," vol. vi (Letter Book), p. 9. 122 BARRJNGTON-BERNARD CORRESPONDENCE it is fitting that the Ministry should see this at their own Time & prosecute it in their own Manner. Whilst Things are in Suspence I am willing to act in such a Manner as shall be most agreeable to my Superiors ; let it only be pointed out to me. But it should not be expected y* I can keep up government, without Authority, or regulate a people elevated by Success & made impracticable by inadmissible preten- sions, without Support or Maintenance, When I have said that this Government is not like to recover itself by any powers of its own, I have spoke, not my Own Opinion, but the Senti- ments of the ablest and wisest Men in the province. For my part let my Conduct be brought to the severest Test, and it will appear that the present Difficulties do not arise from me ; for which a Review of my Administration for the four first Years will afford an irrefragable Argument. For this purpose, being cut off from the Hopes of repre- senting these Matters in person, I have found myself obHged to endeavour to do it in a Series of Letters to the Secretary of State. This will be a disagreeable & tedious Work : but, as far as I can Judge, it is unavoidable. My Letters on this Subject are & will be very lengthy ; and yet I know not how to contract them. I am sensible that long Writings are Hable to be not well attended to : but the Subject is so im- portant, that I cant venture to omit what is like to fling Light upon it. & so I must leave myself & my Writings to the Can- dour of the Minister. Another Step which I have taken is to make a Formal Representation of the present Income of the Governor & a petition ^ for an Addition to his Salary. This I have intended to do ever since I have been Governor, & have only waited for a proper Opportunity : which I have thought to have oc- ^ See Appendix II. INCOME OF GOVERNOR 123 curred now by my being ordered to transmit to the Treasury an Account of the Annual Expences of this Government; & therefore concluding that this Matter would soon be brought upon the Carpet, I have made this Representation by a Memorial to the Secretary of State, & a petition to the King in ^ Council both nearly in the same Terms. In these I have shewn by what Means several Defalcations have been made from the Income of the Governor so as to reduce it to its present Sum, :^io75 pf An which I have proved to be the sum total of the Salary Fees & profits whatsoever of the Governor for these two Years past & Hke to remain so. This, I have ventured to say, is not a competent or honorable support for a Governor of an extensive populous & rich province living in one of the principal Capitals of America. And I have asserted that my annual Expences have often amounted to a greater Sum ; & cannot be kept within the Bounds of that Sum, but by a Aconomy which must impair the Dignity of the Office. M' Jackson in a Late Letter writes that he thinks it very possible I might change my Government if I wisht it; & offers his Assistance if I have such a View. I write to him that near 5 Months ago I wrote to your Lordship on that Subject & then gave Reasons why it might be necessary for me to change my Government ; & that these Reasons have not since seemed to lose their Force. I add that at that Time there were sevral valuable Governments vacant; of which I should decHne Jamaica & the Leeward Islands upon Account of the CHmate, that I should be very thankful for Barbadoes, & should thankfully accept 2 S Carolina if that Governor went to Jamaica. That I had not much expecta- tion of Success, unless I could attend the SolHcitation myself; » First written "&.» a Followed by "Barbadoes," then crossed off. 124 BARRINGTON-BERNARD CORRESPONDENCE and it was upon that Account among others that I was de- sirous of being ordered home. Upon the whole I desired M' Jackson to talk with your Lordship ; and if any Thing is to be done, to endeavour to steer it so as to give your Lord- ship as Uttle Trouble as possible. My present disagreeable & dangerous Situation is my only pretension for troubling your Lordship at all, after I have allready received so many Favours from you. But this State of Inquietude Uncertainty & Hazard obliges me to neglect no Means which afford a pros- pect of Releif. I have the pleasure to inform your Lordship that M™ Bernard is got into pretty good health & begs leave to pre- sent her compliments to your Lordship together with mine I am &c Right honble Lord Barrington LORD BARRINGTON TO GOVERNOR BERNARD i Cavendish Square March 13*^ 1767 Dear Sir, I fortunately received your Excellency's Letter of the 20*^ January soon enough to acknowlege it by this Packett. I will endeavour to see Mt Jackson soon, and talk with him on your Situation, which I confess to be very desagreable; and therefore on your Account (tho not from any publick consideration, far otherwise) I wish you removed to some other Government agreable to your incUnation and Cir- cumstances. I think however that I cannot be of any use to you in that pursuit; for the comfort of my h'fe consists in my independency, and no man can be independent who solicits even for his friends. It is very hard after the uni- 1 "Bernard Papers," vol. xi (Correspondence), p. 67. UNREST IN MASSACHUSETTS 125 versally acknowleged Services you have done, & risks which you have undergone, that you should have occasion to ask any thing either personally, or thro' others ; but the World is so made that the most just debts are not paid without dun- ning. On the whole, if you are determined to leave Boston when an opening shall offer else where, I think you should communicate your wishes to the Secretary of State for the Southern department, and I am sure you may do it in a way neither importunate or assuming. As to an Augmentation of your Salary, I think there is no ground to hope for it, un- less some American fund can be assign'd for the purpose. I am very glad to hear M'.^ Bernard's health is better. My Cousin your Son calls on me sometimes & tells me he is going to you. I wish him and all your family all possible happyness and success, for I am very sincerely to them and to you Dear Sir A most faithful & obedient humble Servant Barrington. GOVERNOR BERNARD TO LORD BARRINGTON 1 Boston May 20 1767 My Lord I have this Moment received your Lordship's Letter of March 13 & take an Opportunity to acknowledge this & your former favour by a Ship which will sail early toomorrow. I so much approve of the principles of your Lordships Conduct in Regard to Sollicitations, that I would by no means break in upon them. But as there are more Ways of assist- ing a Business than the direct, & some of them very consistent ^" Bernard Papers," vol. vi (Letter Book), p. 23. 126 BARRINGTON-BERNARD CORRESPONDENCE with the Independence you desire to preserve, you will still permitt me to explain to your Lordship my Difficulties, my Wants, & even my Wishes, when reasonable ; at the same Time professing my Desire not to engage your Lordship in any pursuit inconsistent with your System. I find it necessary to suspend my purpose of solHciting a Removal untill I learn the Event of my Sollicitation of an Augmentation of my Salary. If that should be rejected, it will give me a fair pretence to ask publickly for another Government; if it should succeed, it may make a change not desirable. I have had no Thoughts of charging such an Augmentation on the British Estabhshment ; tho' perhaps it may facilitate the Business for Great Britain to advance the first payment as a loan. American funds for their own Civil Lists will allways be in the power of the Administration ; & therefore I ant think it will be long contested, after the Americans find it is resolved upon. I really think, without Vanity, that at this Time my re- moval from hence would do disservice ; for the Faction, tho' the Change were ever So much to my Advancement would triumph upon it. Indeed all Removals of Governors in Compliance with the Illtemper of the People serve to increase that illtemper : it is nothing but humouring a froward Child. This Government feels to this Day the ill Effects of Gov^ Shutes not being sent back with an Increase of Salary & Authority; and the giving him an Equivalent to his Satis- faction has not prevented or lessened the mischeivous Con- sequences of his being displaced. Next Week The New Assembly meets & the Election of new Councillors takes place. Many people think that the Change will be for the better, I doubt it : for the Distemper contracted by the Stamp-Act seems to be too deeply rooted AUGMENTATION OF SALARY 127 to be cured without physick ; none of which has been applied as yet, unless what has encreased the Disease may be called so. However I must suspend considerations for myself, untill I see what turn the public Affairs will take; which a Month or less will determine M^ Bernard is in pretty good Health not estabHshed. All my Children are perfectly well. I begin to expect my eldest Son every Day. I am with M^ B'^s compliments & my best Respects My Lord, &c Lord Barrington LORD BARRINGTON TO GOVERNOR BERNARD 1 Beckett July the 8^^ 1767. Dear Sir, A few days since your Letter of the 20^^ of May was sent to me hither; and I find by it with great satisfaction, that you are well, and M''^ Bernard much better than she was. I flatter my self that your son is before this time safe at Boston. I most sincerely wish that your Salary may be so augmented, as to render your continuance desireable where you are. All changes are troublesome & expensive; and as a good Eng- lishman I must hope that you may remain in your present Government. No man ever serv'd this Country so essentially in that, as you have done. This is almost the universal opinion, tho' some have vainly endeavour'd to insinuate the Contrary. When I left London about ten days ago things were in the most unsettled state imaginable; and tho' the Parliament * "Bernard Papers," vol. xi (Correspondence), p. 71. 128 BARRINGTON-BERNARD CORRESPONDENCE has been since prorogued, I do not find that any thing has been done. Lord Chatham's ilhiess continues, he is still in- capable of the least business, and his friends in Administra- tion are afraid to act on their own Judgment, least when he returns to a state of Activity he should disapprove their proceedings: In the mean time we are absolutely without Government. I intirely agree with you in every opinion you express rela- tive to America : : What has been hitherto done by each Administration was wrong, there is the most urgent reason to do what is right, and immediately ; but what is that right, & who is to do it ? The Packett sails next Saturday & I shall not return to London till this day Sennight : God grant that I may be able to send you a more Comfortable Letter by the Packett fol- lowing ! I am with my best Compliments to all my Cousins & with the greatest truth & Esteem Dear Sir Your Excellency's most faithful & most obedient Servant Barrington. M*? Yeamans dyed last month. WISHES A BETTER PLACE 129 LORD BARRINGTON TO GOVERNOR BERNARD » Cavendish Square Oct' 6: 1767. Dear Sir, I have lately heard your Panegyrick from Persons who are able to serve you. I understand there is a wish to give you some better Government, as a reward for your good conduct where you are. It is not impossible when vacancies happen that I may be ask'd what alteration of Scene would be agre- able to you. That I may be enabled to give a useful answer, be so good as to inform me what Governments would, & would not be agreable to you at the present moment. Per- haps information on this head may be of use, perhaps of none; but your eventual Instructions can do no harm. I need not exhort you not to form sanguine expectations from the hint I now give you : The Times are very uncertain ; and when they are most fixt in this Country, a thousand accidents happen between the Cup & the Lip. In this Conversation I plainly perceivd the strongest desire that America should grow quiet; that no disputes should arise between the mother Country & it's Colonies, or between Governors &" their Assemblies. I venture to give you this hint, for your information and guidance; not wishing that you should give up any thing on your side of the Atlantic Ocean which is materially valuable to this. I am with my best Comphments to all my Cousins Dear Sir Your Excellency's most faithful & most obedient humble Servant Barrington. ' "Bernard Papers," vol. xi (Correspondence), p. 91. 130 BARRINGTON-BERNARD CORRESPONDENCE LORD BARRINGTON TO GOVERNOR BERNARD/ Cavendish Square Jan : 8. 1768. Dear Sir, Probably I shall not convey to your Excellency the first news of a determination to seperate America from the Southern department of Secretary of State, and to appoint Lord Hills- borough third Secretary with the care of the Plantations &c. I need not make My Lord's Panegyrick to Governor Bernard, or recommend the Governor to his Lordship. They have a mutual good opinion of each other, and the Business they must have togather will be transacted to the satisfaction of both. I think the new Arangement on the whole very properly made, and I am of opinion it will produce a permanent ad- ministration, J necessary for this Country and particularly in respect to its Colonies. I beg you will present my best CompUments to all my Cousins and beleive me to be with great truth Dear Sir Your most faithful & obedient humble Servant Barrington. ' "Bernard Papers," vol. xi (Correspondence), p. m. NO MORE DISPUTES 131 GOVERNOR BERNARD TO LORD HARRINGTON » Boston Jan. 26 i76[8] ^ My Lord I have just now received the Duplicate of your Lordships Letter dated Oct : 6, the Original not being come to hand, as the Oct' Mail is not yet arrived. I am also indebted for your Lordships Letter dated July, 8, which did not arrive till Oct^ 10. I had deferred acknowledging the last men- tioned, in Expectation that I ^ should recieve some advices which might direct my Answer to Your Lordship ; but they are not arrived yet tho' daily expected. However I have so many matters to write upon to your Lordship, that I shall begin now ; And as my Subjects are various I shall digest them into separate letters; in which the preference will be due to that which is the most public & interesting concern. Your Lordship observes that there is a strong Desire that America should become quiet, & that no disputes should arise between the Mother Country & its Colonies or between Governors & their Assemblies. I have had many hints & have given the utmost attention to them & pursued their purpose as far as I could do consistently with that Rule wisely laid down by Your Lordship that nothing should be given up on this Side the Atlantick which is materially valu- able on Yours. To prevent disputes between the Mother Country & its Colonies must be the Work of Great Britain : No Man in the Colonies, not all the Governors in America, tho' they could act with one Mind and with the best Under- standing can of themselves bring about so desirable an Event. 1 "Bernard Papers," vol. vi (Letter Book), p. 67. * This letter is indexed under 1768 ; the draught is dated 1766 with a 7 written over the final 6. The date given in the index is clearly the correct one. ^The words "did not" followed, but were crossed out. 132 BARRINGTON-BERNARD CORRESPONDENCE Upon this Subject I shall write to your Lordship by a separate Letter. The preventing Disputes between the Governors and their AssembUes is easily effected, at least will probably be soon brought about in this Province. I have shown the Assembly the natural and constitutional Power of a Governor here, whilst he keeps himself Blameless and is supported from home ; And have falsified that prevailing Notion that a Governor of this Province cannot withstand a popular Clam- our. Otis himself has given up the Question and says it is to no purpose any longer to oppose me : And some of his Colleagues have allready made peace with me. The Assem- bly has now sate a full Month & have not shown the least Intimation to Dispute; on the Contrary they have shown a good Disposition to avoid and to remove the Causes which have occasic:.ed it before. So that it is probable that America may become apparently quiet notwithstanding their present pretensions. But, my Lord wounds may be skinned over without heaUng ; and a Calm may be more dangerous than a Storm. It is my Opinion that Great Britain will never be safe till the Wounds are probed to the Bottom and a Remedy appUed that will prevent the Return of the Disorder. This must be the work of Parliament, and tho more difficult than it was some Tune ago, is still very practicable; in what Manner, I will explain in my Next I am &c Viscount Barrington AMERICAN CLAIMS X33 GOVERNOR BERNARD TO LORD BARRINGTONi My Lord Boston Jan. 28 1768 I understand that it is a prevailing Opinion on your Side the Ocean, that America, if let alone, will come to herself and return to the same Sense of Duty and Obedience to Great Britain which she professed before.^ But I beleive no con- siderate Man on this Side of the Water has any such Expec- tation. If indeed the late Animosity had arose wholly from a Particular Transaction which stood on its own Bottom and had no Relation to any other Matters, upon removing the Cause, the Effect might ^ cease. But when it " is founded upon Principles equally ^ apphcable to other Transactions which may 6 arise in the Course of Government, the Ani- mosity may seem to die, but it will only sleep ; & will revive whenever such principles are again applied to other transac- tions, that is whenever the Parliament shall make Ordinances, which the Americans shall not choose to obey. It was easy to be foreseen that the Distinctions used in Parliament in favor of the Americans would be adopted by them and received as fundamental Laws. It would signify nothing what the Number was^ which rejected them: the Respectableness of the Names of those who introduced them and the apparent Interest of the Americans in maintaining them would outweigh all the Authority of Numbers for the Contrary Opinion. It was also to be foreseen that the Ameri- 1 "Bernard Papers," vol. vi (Letter Book), p. 70. Another copy in manu- script of this letter differs so much from the above that it is given in the Ap- pendix I, p. 245. 2 At first "4 Years ago," then changed to "before." ' At first "or Purpose would,'.' then changed to "might." * At first written "this Animosity." 6 At first written "which are." •This was foUowed by "continually be expected to," and then crossed out. ^ FoUowed by "of the Majorities that," then crossed out. 134 BARRINGTON-BERNARD CORRESPONDENCE cans would carry these Distinctions much farther than was intended by the introducers ^ of them, even so far as to anni- hilate them. But yet these Distinctions never gave me Con- cern, because they carried their Remedy with them : if they were hurtfuP to the American Constitution, they had an Antidote at hand; like the antient Spear if they wounded they cured also : If the Parhament can't tax the Americans because they are not represented, they can allow them Repre- sentatives and then tax them. Let ^ us state the Assertions in parliament in favour of the Americans and the Use which has been [made] of them in Amer- ica and see how far the chain of reasoning can be extended. It ^ was said in parliament that i. The Parliament has no Right to tax the Americans because they have no Representatives in Parhament. 2. But they have a Right to impose Port Duties or external "^axes, because such Duties are for the Regula- tion of Trade. 3. The Difference between an external and internal Tax, is that the former is imposed for the Regulation of Trade, and the latter for raising a Revenue. From ^ * First written "Promoters." 2 pirgt written "noxious." ' First written " Let us state these Distinctions and the Consequences [illegible] the Americans have drawn from them and endeavour to form a Logical Chain," then changed to read as above. * Followed by three illegible words which were stricken out. * At first this was written as follows, then entirely crossed off : — ["American Consequences," stricken out.] i. Whatever Taxis imposed for [first written "the Regulation of Trade" and then crossed off] raising a Rev- enue is an internal Tax. 2? Port Duties imposed for raising a Revenue are in- ternal Taxes. 3. The Duties imposed on the Colonies by the 7*'' of Geo : 3^ be- ing expressed to raise a Revenue are internal Taxes. 4. The Duties imposed upon the Colonies by the 6^^ of Geo. 3 being directed to be paid into the Ex- chequer for the Use of the Government are a Revenue. 5. All Duties im- posed upon the Colonies to be paid into the Exchequer are a Revenue. 6. All American Port Duties raising Money to be paid into the Exchequer for the Use of the Government are internal Taxes. 7. The Americans are not obliged to pay any port Duties they being internal Taxes imposed by a Parliament in which they have no Representatives. AMERICAN CLAIMS 135 these positions ^ it is argued in America that i Port Duties imposed for raising a Revenue are internal Taxes. 2 Port duties ^ of which the produce is to be paid into the Exchequer for the use of Gk)vernment are imposed for raising a revenue. 3 The produce of All the ports duties imposed upon America is ordered to be paid into the Exchequer for the use of Gov- ernment 4 All the port Duties imposed upon America are in- ternal Taxes. The only Difference between the Port duties declared ^ to be for raising a Revenue & those of which no such declaration is made is that in one the Intention is explicit ; in the other it is implied: the effect of both is the same. My Lord this is not a fictitious Argument but a real one, now urged and insisted upon, as the Terms of a good Agree- ment between Britain & her Colonies. For Proof of which I shall enclose to your Lordship a Series of Letters ^ printed originally at Philadelphia,^ and reprinted throughout the Continent : In these you will find all these positions before laid down, except that they are not expressly carried to their full Length, tho they certainly are consequentially so. What then shall be done ? Shall the ParKament make a new de- claratory Act ? See ! here are Counter declarations to that. Shall they take no Notice of these American Pretensions? they then will be confirmed in the Minds of the Americans, and really become, what they are now proclaimed to be a Bill of American Rights.^ There is nothing left to be done to get rid of these Difficulties, which arise wholly out of the ^ This paragraph was written on a small piece of paper and seems to be in- tended as a substitute for the crossed ofif portion. 2 First written " Taxes " then changed to " Port Duties." ^ First written " expressed." * Followed by "supposed to be written at New York, but" and then crossed out. These were John Dickinson's " Letters from a farmer." ^Followed by "& in this Town" and then crossed out. * Followed by "No :" and then crossed out. 136 BARRINGTON-BERNARD CORRESPONDENCE Political dissentions at Westminster ; but to allow the Ameri- cans Representatives : this will cut up their Pretensions by the Roots ; it has been for above 2 Years expedient, it is now be- come necessary. In one of the Papers enclosed is a Speech extracted from a London Pamphlet said to have been spoke in the House of Lords ^ which has been reprinted in the American Papers. The whole Argument of this does not tend to shew that the Americans ought not to be taxed; but that previously to their being taxed they ought to be allowed Representatives. This has been ^ extremely well received here, altho' the Con- clusion is for an American Representation. If this was really the Speech of a ' Lord of that House It ^ might have been properly answer'd by admitting the Conclusion and thereby avoiding a dispute ^ about the Premises. If the Americans should be all<~wed Representatives it would become a Ques- tion merely speculative whether Representation is necessary to Taxation or not./ And yet the Americans in general do not desire a Representation, tho' the PubUcations on their Behalf all tend to that Conclusion; and some of them seem Calculated to force the ParUament into that Measure as the only one which would satisfy their Pretensions. How is this to be reconciled? thus: tho the People don't see their In- trests in having Representatives ; yet their Leaders do theirs in being representatives and some of them have never lost Sight of this View since the Troubles first began. Without this it is impossible to account for the popular Writers found- ' .^s first written ; "by Lord C m (in the original it is more properly printed Lord C n)." 'Followed by "so," then crossed off. ' Originally written, " the learned Lord whose Name it is supposed to bear." * First written "It should," then changed to "It might have been properly." ' First written "avoid disputing." AMERICAN REPRESENTATIVES 137 ing all their Arguments upon the Want of Representatives, and resting their whole Cause upon one Pillar, which it is in the Power of the ParHament at once to remove, and let the Whole Fabrick down to the Ground. t See PS ^ *And old Member 2 who had before in Vain opposed the House making Representations against the late Acts of Par- liament,^ told the House that they had nothing now to do but to consider whom they should choose for their Repre- sentatives in parliament; for If their AppHcation had any Success, it would have that Effect. He therefore bespoke their Favour on behalf of a Merchant, who desired to have the Honour of fitting out the Ship which shall carry their Representatives home ; which he offered to do for half what they would sell for when they came there. This has been a serious Objection that American Repre- sentatives would be subject to undue Influence; another is that the Colonies would not be able to maintain them. Both these, which contradict each other, would be more easily answered than a more material Objection, which Hes at the Heart ; that an ^ American Representation will absolutely take away all Pretence of disputing the Ordinances of Par- liament. The Plan of an American Representation will admit of the Continuation of Provincial Assemblies for the Purposes of Domestic Government : and therefore no Objec- tions have been drawn from the Cessation of inferior Legis- latures, the Supposition of which would create infinite Diffi- culty. 1 The letter from this point is involved. In the final draft the P. S. on p. 138 undoubtedly appeared here. 2 Followed by "of an Assembly having, " then changed to "who had before." 3 Followed by "when the Business was over," and then crossed off. ^ First written "the." 138 BARRINGTON-BERNARD CORRESPONDENCE Upon the whole my Lord, if there was no Necessity for the Appointment of an American Representation; (which I think there is & that very pressing) The Idea of it greatly enlarges my View of the Grandeur of the British Empire. And if there is any Danger of its falling to pieces, which surely cannot be toomuch provided against. It seems to me that Nothing would so Effectually guard ^ against so fatal an Event, as binding the Colonies to the Mother Country by an incorporating ^ Union And giving them a Share in the Sov'reign Legislature. If this was done there could be no Dispute about American Rights and Priviledges; and an Opposition to Great Britain would have but one Name. And then we might expect a Longer Duration to the entire British Empire than desponding Politicians in its present critical State are wiUing to promise. I am &c Vise* Barrington PS: In writing the foregoing Letter I have avoided, as much as possible evidences of locaHty ; that, if your Lordship should think proper to communicate it, by transcribing it and leav- ing out the Name and local Date, the Writer of it might not necessarily appear. I therefore omitted what has passed in our Assembly, except one Short Story, which was not neces- sarily local, concerning Representation. At the Opening of this Session a noted Speaker, who during the whole of last Winter had joined the Opposition to the power of ParHament and gone great lengths in his Assertions against that Power, now in a set Speech retracted all his former Opinions, and said that he had fully informed himself of the Relation be- ^ Followed by "Great Britain," then crossed off. '^ First written "aconomical," then changed to "incorporating." AMERICAN REPRESENTATIVES 139 tween Great Britain and her Colonies, & was convinced that the Power of parliament over the Colonies was absolute, with this Exception, that they ought not to tax them untill they allowed them Representatives. That when the Colonies had representatives, the Power of Parliament would be as perfect here as it was in England. He then argued in Favour of a representation & said that it was now become a Measure necessary both to Great Britain and the Colonies, for the heaHng the breaches between them. This surprised the House a good deal ; but some Time after their Eyes began to open: A Member on the Side of the Government charged the leaders of the Opposition with an Intention to make an American Representation necessary by the Objections they made to all Acts of parliament for Want of Representatives. The Proofs he adduced together with the aequivocal Answers given on the other Side, left little Doubt but that there was such an Intention. Upon this see * letter that ^ Brig' Ruggles (the old Member men- tioned in my Letter) made his proposal for carrying the Rep- resentatives home. If they will not be obedient to ParHa- ment without Representatives, In Gods Name let them have them, I need not, perhaps, mention to your Lordship that a Review of my Letter dated Nov. 23 1765. will be of use in the the Consideration of this 1 First written "It was Upon this occasion that" then changed to "Upon, this see letter that"'; see passage marked with an asterisk on p. 137. I40 BARRINGTON-BERNARD CORRESPONDENCE LORD BARRINGTON TO GOVERNOR BERNARD ^ Cavendish Square March 12. 1768 Dear Sir Last Packett which arrived two or three days ago brought me two Letters from you, dated the 26^^ & 28'.^ of January: I am very much obliged to your Excellency for both, but I am unable to answer them as I ought. The Packett to North America goes off to night, and the Election orders which go all over Great Britain at the same time, make such full Em- ployment for the War office, that I have been thoroughly busyed for some days past : I also set out for my own Election at Pl^-mouth to morrow. I have communicated your most ingenious thoughts about American Affairs to my friend Lord Hillsborough. I am sorry to find that a man so knowing in what relates to that Country as your self, is of opinion that nothing can put a real end to our difference with our fellow Subjects there, but a representation from thence. Without entering into that subject, I may venture to say that the proposed expedient is impracticable, as no Influence could make ten Members of either House of ParUament agree to such a Remedy. I hope this Letter will find you and all my Cousins per- fectly well. I rejoyce that your prudence & spirit have con- quer'd faction in New England : I most cordially wish it were subdued on this side of the Ocean. I am with the greatest truth & regard Dear Sir Your Excellencys most faithful & most obedient Servant Barrington '"Bernard Papers," vol. si (Correspondence), p. 157. ANOTHER GOVERNMENT 141 GOVERNOR BERNARD TO LORD BARRINGTON^ Boston Feb. 7 1768 My Lord I come now to answer the first Part of your Lordship's last Letter intimating the favourable Disposition towards me : and in order to give this Subject a full Latitude, it will be proper to go back to the first movements of it. It was in Sept' 1766 that I wrote to your Lordship to sollicit a Removal from hence. I was then in a State very distressful, not only uneasy in my Administration but exposed & threatned with personal Danger. And yet under all those Difficulties, I expressed a Desire that I might be made easy here, by supporting my Government & augmenting my Salary The Truth is I did not know where to go or what to ask for. The best Governments in the King's Gifts are in my Opinion the least Desirable, as the Emoluments are, in general, much overballanced by the unheal thiness of the Climates. There were several of the very best Governments vacant at that Time; Jamaica, Leeward Islands, & Barbadoes. I then absolutely declined the two first, altho' the very best Govern- ments in the Kings Gift : Barbadoes I expressed a great Desire for : and indeed it is the only one among the Islands that I have desired. Now that as well as the other two is but just filled : so that the only Object of my Desire in the West Indies is now out of the Question. In Regard to the Continent, in the Same Letter I intimated that South Carolina, altho' upon Account of the Climate far from being desirable, would in my present Situation ( If I had no Prospect of being quieted with an adequate Salary) be more agreeable than to be left here. Soon after I sent away ^" Bernard Papers," vol. vi (Letter Book), p. 82. 142 BARRINGTON-BERNARD CORRESPONDENCE that Letter, I wrote to M' Jackson to disclaim S Carolina, upon Account of the disagreeable Inform"^ of the Climate which I had then received; of which we have frequently visible Evidences from the sallow Complexions of those Corolinians who come hither to recover their Health. I will here apologise for my exceptiousness in Regard to Climates, by assuring your Lordship that it is not so much on my own account (tho' my Life is made valuable by the tender Age of most of my Children) as it is for the Sake of M^ Bernard, whose frame, naturally delicate, has been much weak'ned since she came here. To follow the Governments along the Con- tinent N Carolina is much in the same Predicament as its Name Sake, & is now full with a new Governor. Virginia being a L^ Government would be no advancement. New Jersey (my favourite in Regard to Situation) would be a deg- radation. Wc now come to N York ^ now full of a new Governor also: I should gratefully accept of this if it was to become vacant and be offered to me : but should like better & I think it would be better for me to be properly supported in this Government. They are both of them liable to be harrast by the Spirit of Jealousy of and Opposition to Govern- ment which prevails in both & has for some Time past been whetting itself upon each other. But there is this Material Difference between the two Provinces : in N York that Spirit actuates Men of Rank and Ability, in Massachusets it works only with Men of Middling or low Rank ; in the Latter the Gov' has the generality of respectable Men on his Side; in the former they are more generally against Government. Without entring into more particulars, It appears to me that the Administration of N York is more difficult than that of Mass*^ especially as I can plainly perceive that this Government » Followed by "my favourite with Regard to Situation," then crossed off. ANOTHER GOVERNMENT 143 has received Strength from the Spirited & steady use which I have made of my negativing power & the public Approba- tion it has received. This, with the great additional Strength which it will gain from that wise Parliamentary Measure for providing for the Support of the Governors & Crown Officers, will make it full as necessary for the Leaders of the People to court the Governor as it will be for the Governor to court them. This leads us to the ballancing the Question. Since the Time when I applied to be removed from hence one Event then despairred of has happened ; The Parliament has made a Provision for the Payment of the Governor, & tho' it has not been declared what the Salary will be, yet we must sup- pose that it will be adequate to the Importance of the Govern- ment. Another good event is coming on apace, a Recon- ciliation between me & the Malecontents. The Assembly has now sat near 6 Weeks, & not the least Disrespect has been shown to me, even by those who were used to be most froward at other Times. On the contrary All such Businesses, as I might be supposed to have an Int'rest or a Will in, have been done in such a Manner as I could desire. And yet they still pursue an Opposition to the late Acts of ParUament by Remonstrances : and at the same Time appears an evident Disposition to restore the Peace of this Government. This will not be dissappointed by the Defeat of their Purposes in Parliament ; it will be much more probably improved by it. As for the Salary, a Gentleman of very good Authority assures me it will be ^2500 ; tho' others report that it will be but ^2000. If it is the least of these Sums, it will (together with a Restora- tion of the good Humour of the Government) make a Removal from hence not desirable ; especially when the Cheif Govern- ments have been so lately filled as to afford little Prospect of 144 BARRINGTON-BERNARD CORRESPONDENCE a valuable Vacancy. It is true this Expectation^ may be intcrvented ^ : for tho' the Act is passed, yet Nothing has been done in Pursuance of it ; and it may be repealed before any Thing is done ; As the Assembly of the Massachusets are now endeavouring to engage all the other Assemblies on the Conti- nent to join in remonstrating against it. But I cannot think that there is any Danger of the Parliament's giving Way to such a Combination They have seen toomuch allready of the Abuse of the former Repeal, for which a strong Necessity was to be pleaded, to give Way to another Dictation of the Colonies which is itself one of the Abuses of the former In- dulgence. If they should give Way, they may as well at once Repeal all the former Acts of Trade which impose Duties : for they are all included in the same Chain of reasoning. You see, my Lord, that it is very probable that this Govern- ment may be made more desirable to me than another; or at least that I must wait till the Salary of it is settled before I can properly compare it with another. So that all I can resolve upon now is to desire your Lordship, after accepting my most gratefuU Thanks for your Kind Care of me, to en- deavour to keep alive the favourable Disposition of advanc- ing me, till I can determine what Occasion I shall have for it. In the mean Time I would avail myself of it, with your Lordships Approbation, to obtain leave of Absence for a Year, to be left to my own Discretion whether I shall use it presently or not. For two Things must happen before I should chuse to go to England : I must wait till the Salary of this Govern- ment is fixed & put in a Way of Payment : And I should chuse to see the Peace of the Government perfectly restored before I leave this Place. Both these may probably happen before next Midsummer : the first of them will be known to your » First written " Prospect." 2 First written " interrupted."' MORE SALARY 145 Lordship much sooner than it will to me; and when it does happen, I think with Submission, that it will be a proper Time to make the Request, leaving to me to make Use of the Licence as the other Event shall turn out, more or less, One Thing your Lordship may be assured of, that I will not leave the Province at a Time when my Presence here appears in any Way necessary. But when we get into a Httle good humour with one another a Short Separa- tion may make us meet again better Friends than before. Besides I shall by this Means have an Opportunity to con- sider effectually how I can best avail myself of the favour- able Disposition towards me, which my present Distance makes Difficult. I have not as yet wrote to the Minister upon this Subject; and shall not 'till I dismiss the Assembly, When I do your Lordship shall be informed of all Particulars. If Leave should be obtained, it will be very expedient that it should be kept secret till I shall Think it Time to make Use of it. I am w*!^ great Grat^ & Resp'^.^ My Ld your Ldships most obed^ humble Servant Vise* Barrington GOVERNOR BERNARD TO LORD BARRINGTON 1 Boston. Feb. 20 1768 My Lord Since I wrote to your Lordship my Letters of Jan. 26 & 28 there has been a considerable Change in our Assembly which has produced a Paper which I think proper to add to the political Papers allready communicated to your Lordship. You must know that at the Beginning of this Session the 1 "Bernard Papers," vol. vi (Letter Book), p. 94. 146 BARRINGTON-BERNARD CORRESPONDENCE Friends of Government had power enough to keep the fac- tious Party of the House in awe. And tho' they could not prevent their writing a Letter to their Agent, another to the Secfy of State & an Address to the King upon the Subject of the late Acts of Parliament for imposing Duties & constitut- ing a Board of Commissioners of Customs, yet they prevented for that Time the sending circular Letters to the other As- semblies inviting them to join them, by a Majority of 2 to i. But the Faction would not be so disappointed; but after having prepared the Way by private Cabals they brought on the Business again when they got a Vote for expunging all the proceedings of the House out of the Journals, & then obtained another Vote for sending a circular Letter to the other Assemblies. This is what I have now the Honor to transmit your Lordship a Copy of : I shall make no Remarks upon it than that your Lordship will find in it a full Illustra- tion of my former Letter. I also send your Lordship a tenth Letter of the farmers Letters, which will I beleive compleat the Set. The Party elate with their Success on the Circular Letter, immediately after, quarrelled with me : but it is upon a Sub- ject which will do them no Credit & me no Harm. They have put themselves much in my Power, if I was incHned to use Declamation : but I have done with it. However I shall give them a short Answer which will be sufficient to expose them. It is not worth your Lordships while to attend to such Squabbles; and therefore I shall not trouble your Lordship with the particulars I am &c. Lord Vise* Barrington P.S. Before I put this into a Cover, a Ship came in from England in a Passage of 19 Days from the Lands End. I THE CIRCULAR LETTER 147 am told that she brings advice that L Hilsborough is ap- pointed Secy of State for America. If this should be so, I think that knowing your Lordship's Connexion with that noble Lord, I have Reason to congratulate myself upon the Even't. GOVERNOR BERNARD TO LORD BARRINGTON^ My Lord ^"'""^ ^^^- ^ ^768 In my Letter of Jan 28 I informed your Lordship to what Lengths the Americans had carried their Improvements of the Arguments which had been used in England in favour of their being exempt from a parliamentary Taxation. I there mention that the Pretensions were not expressly carried to the Length that they were Consequentially. But, my Lord, the httle Interval of Time between the Dates of that Letter and this has afforded Instances of these Pretensions being actually carried to the full Length they are capable of. The Traders here are now associating 2 in the same Manner that they did at the Time of the Stamp Act; with what Success remains to be determined: however there is now a Sub- scription opened to import no British Goods (except for the Fishery) for 18 Months. If this was all, we Crown Officers should be 3 well Content : but it is given out among them that they will not submit to the Laws in the Mean Time ; & violent Methods of Opposition are every Day expected. One Man has unloaded a Cargo without entring it at the Custom House : it was done in the Night with a strong hand; but it is as pubhckly known as if it had been at Noon Day. The Officers 1 "Bernard Papers," vol vi (Letter Book), p. 96. 2 Followed by "here," then crossed off. » Followed by "very," then crossed out. 148 BARRINGTON -BERNARD CORRESPONDENCE either do not or dare not know where the Goods are carried. Many Merchants say they will not suffer Custom House Officers to go on board their Ships ; one of them declared so in the House of Representatives. When they are asked what will satisfy them, the Answer is a total Repeal of the Laws of Trade imposing Duties and nothing less. And untill such Repeal shall be made they propose to suspend the Execution of the Laws, as they did in the Stampt-Act, which is now made a Precedent. However there has not as yet been a vio- lent Opposition to the Officers ; but it is hourly expected. Your Lordship may imagine that such a State of this Town must be very disagreeable to the Commissioners of the Cus- toms who are strangers in this Country. There have been Nights fixed by Common Report for a Tumult twice within these lo Days. Upon one of them M' Burch one of these Gentlemen had a large Number of Men with Clubs assembled before his Door great Part of the Evening, and he was obliged to send away his Wife & Children by a back Door. This was afterwards turned to a Joke & said to be nothing but to intimidate them ; but if it was only a Joke it was a very cruel one. The Commissioners have asked me what Support I can give them, if there should be an Insurrection; I an- swer none at all. They then desire me to apply to the general for Troops ; I tell them I cannot do it ; for I am directed to Consult the Council about requiring Troops; & they will never advise it let the Case be ever so desperate. Indeed I no more dare apply for Troops than the Council dare advise me to it. Ever since I have perceived that the Wicked- ness of some and the folly of others will in the End bring Troops here, I have conducted myself so as to be able to say, and swear to, if the Sons of Liberty shall require it, that I have never applied for Troops. And therefore, my Lord, THE COMMISSIONERS 149 I beg that Nothing I now write may be considered as such an Application. The present Suspence is a very disagree- able one : the Commissioners see that they must wait till a violent Opposition is made to their Ofi&cers; & yet they dread the Experiment. I must be involved with them more or less: I have promised them an Asylum at the Castle, & possibly may want it myself. Tho' the more moderate of the Opponents to the Laws of Trade say that they will hurt No body; but when they find that they are not hke to be redressed, they will put the Commissioners & all their Officers on board a Ship & send them back to England. This is the Talk used to prevent Riots : a Short Time will determine it. I shall drop the Subject here having said enough to shew how probable it is that the Officers of the Crown will soon be in the same situation which they were above 2 Years ago; and how deceitful that Opinion is like to prove, that America will come to Rights of its own Accord. The Impeachment of the Power of Parliament has been continually extending since the Time of the Stampt-Act; & will not stop till the Parliament interposes with Effect. Having said so much for the public there is Httle remaining for myself. Your Lordship may imagine that whilst the Faction are attacking the Authority of Parliament they won't let the Governor alone. They accordingly picked a Quarrel with me about the Middle of the Session : But they have chose an unfortunate Subject and managed it very ill. I found myself obliged to make it the Subject of a Speech at the End of the Session ; as the Faction have shown their Intention, to hurt me with the People by the Publication of the Papers of their House followed with an Infamous Libell. But they are both fully answered by my Speech and an Address of the Council; both of which joined together I50 BARRIXGTOX-BERNARD CORRESPOXDEXCE on this Occasion will I hope open the Eyes of the People to the Wickedness of tliese Fellows. The Right honble I am &c The L"? Vise*: Barrington PS If your Lordship should think proper to communicate any Part of this Letter, you will spare my Name as much as possible. LORD B.\RRINGTON TO GOVERNOR BERNARD ^ Cavendish Square April i6. 176S De.\r Sir, I was yesterday favour 'd by several Letters from you, and as the Packett sets out this Evening I have not time to answer any of them , .s I wish : I have indeed scarce been able to read them ; for the same conveyance brought me some material publick Dispatches which require answers, and I have only a few hours to write them. I cannot however suffer this days Post to go, witliout carrying my acknowlegments of your kind Attention to me, and of the material information you send me. Three of your Letters dated the 28'.^ 26'.'' of January and the 20^'' of Feb : are duplicates. One of tliem contains a very ingenious but in my poor opinion impracticable plan for representing the Colonies in Parliament. I acquainted you with my opinion on tliat Subject by last Packett. I then knew how such a proposal however right would be received on this side the Water, and the Act of assembly dated feb.ii*?* shews how much it would be abhor'd on your side, at least in your Government, so we must put that Plan entirely out of the Question. * "Bernard Papers," vol. xi (Correspondence), p. 167. AMERICAN REPRESENTATIVES 151 I see with Grief, but not with surprize, the open attempts towards independency making in New England, & I conclude the other northern Colonies. A man must have been blind who did not foresee that consequence, from the repeal of the Stamp Act. Things are coming apace to a crisis : My friend Lord Hillsborough will have his hands full, but for the sake of the pubhck I am glad America is in his hands. He has prudence firmness & temper : The times want them all. I am persuaded you are in the right in your dispute with the Assembly; but that dispute makes it eligible for you ftho' not for this Country) that you should be removed to a better Government; especially as no steps are taking towards granting a fixt salary to the Governors of the Northern Colonies. I will watch every Circumstance that can make for your benefit, and your Letter dated f^ february has inform'd me of your wishes. I am with great truth & Esteem & with my best Comps. to my Cousins Dear Sir Your Excellency's most faithful & obedient humble Servant Barrington. PS. In my hurry I had forgot to acknowlege your Letter of the 4^^' March which is of the most serious importance. The contents will not be neglected by me & I will make the proper use of them without commiting the writer so as to hurt him. 152 BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO LORD BARRINGTON^ Boston March 28 1768 My Lord I have an Opportunity of adding the 11*'' & 12*^^ Farmers Letters which compleat the set; I shall send your Lordship another Set in an 8'^° Edition by the next Opportunity. All that I fore- told of these Letters becomes verified : the ill Conse- quences which were to be expected from them are coming on with a Rapidity; and I fear it is too late now for Great Britain to prevent America getting the Start of her. For if the Expectations of the Cabinet of the Politicians here are well founded, they depend upon using weightier Reasons than have been urged as yet against the Parliaments imposing Duties in America. I have wrote a good Deal upon this Subject to the Secretary of State; but dare not repeat all I hear till I have a safer Conveyance for my Letters than offers at present. A little Time will give Maturity and Appearance to the Designs which are now carrying on, if what I hear is to be credited. I am &c The Rt honble L"* Vise* Barrington GOVERNOR BERNARD TO LORD BARRINGTON ^ Boston Apr: 20 1768 My Lord I take this Opportunity to inform your Lordship that we've lost our fourth Son Shute who died at Cambridge, where he was placed for his Studies, on the 5*^ inst^ after 4 Days Illness in the 16 Year of his Age. I find that a Number of 1 "Bernard Papers," vol. vi (Letter Book), p. 105. "^Ibid., p. 106. LEAVE OF ABSENCE 153 Children does not so much reconcile one to the Loss of one, as might be imagin'd. However I ought not to repine, when I have 9 hopeful Children left. Yesterday I received your Lordship's Letter recommending Mr Chaumier : Immediately after which I had an Opportunity of shewing my Desire of serving him by removing some Diffi- culties in the Way of his obtaining an Indulgence from the Board of Customs, which I hope has been effectually done. Both the Mails of^ & Febry are still due, tho the latter should have been in by this Time. I have no Advice in an Official Way of the Appointment of Lord Hillsborough : so I am now in an Interval between the closing my Correspondence with L*^ Shellburne, & opening one with L*' Hillsborough. The Officers of the Crown & Friends of the British Govern- ment are now in a distressed State, hoping that, but not know- ing how or when, they shall be relieved. In a former Letter I proposed that I should have a discre- tionary Leave to come home. Altho Things are very much alter'd since I wrote that Letter, yet it still becomes very adviseable to the Government, & desirable to me, that I should have leave to come to England. I must run a Risk in it: But the Times are growing so bad, that I am not like to have any Choice in it. The good Inclinations of the Ministry towards me, I am satisfied will have no good Effect untill I can have an Interview with them. As soon as the Mail comes in, I will write more fully to your Lordship upon these Subjects ; in the mean Time I could wish that the Purpose of obtaining a discretionary Leave for my coming home might be pursued. The Right honble I am &c L*^ Visc^ Barrington 1 Followed by "Janry" and then crossed off. 154 BARRINGTON-BERNARD CORRESPONDENCE LORD BARRINGTON TO GOVERNOR BERNARD » Cav: Square May the q*** 1768 Dear Sir, Lord Hillsborough told me the other day that he thought it very right you should receive an immediate mark of the King's favour, and approbation of your sevices, and ask'd me whether you would have any objection to being created a Baronet. I said that I never had observed any thing in you which made me conceive you were fond of Titles, and that it cost three or four hundred pounds to be a Baronet ; but that I would enquire of you, & let him know your Inclinations. I beleive there is no Government in America which if vacant you might not have, with the greatest ease; but at present there is nothing to be disposed of but the Lieut. Government of Virginia. This I am authorised to offer you, with or without the Title of Baronet. Lord Hillsborough conceives it to be the same as a Government in point of Rank as the Governor never resides, and that in point of value it is better than what you have : In ease & comfort it is infinitely preferable. I do not find there is any prospect of paying the Governors of America out of the funds created last year, and which were then created only to give the late Chancellor of the Exchequer a Httle momentary eclat. I ask'd Lord H. who he would propose to be Your Successor : He said it would be a great distress to this Country, whenever you left the Massa- chusets, but that his Views went of MT Hutchinson the pres- ent Lieu* Governor ; and this in the strictest confidence I was allow'd to tell you. In short my dear Sir, You have now the whole before you for consideration, and no man can deter- mine better. My Lord H. has promised me to write you ' "Bernard Papers," vol. xi (Correspondence), p. 183. THE BARONETCY j such a private Letter as will authorise you to come hither on eave ,f you should chuse it. I am with my best CompUments to all my Cousins Your Excellency's most faithful & most obedient Servant Barrington. LORD BARRINGTON TO GOVERNOR BERNARD > Dear Sir, Cavendish Square June 1 1" 1768 ^ I answer'd all your Letters by last Packett, & therefore intended by this to trouble you with nothing but a duplicate o that answer. Yesterday brought me your Letter of the .0'- of April, by which I hear with great concern of the misfortune which has happened in your family by the death of my Cousin f T^T^- ' ""' ""'^"^'^ '°"^''''' "'■"' y°- Excellency & with M" Bernard on this occasion; earnestly hoping you will have no more affictions of the same kind or indeed of any other. I am much obliged to you for the Printed Papers which you have sent to me. and which shew too clearly the ill humour ZIZ : *'"^" ' ^^" '''"' ^°" "°'hing pleasing from this side and therefore I will not give you or my seU concern by writing news I am ever with the greatest truth Dear Sir T _, ^,.„ , Your most faithful Lord Hillsborough has & obedient Servant obtamd the discretionary Barrington. leave you desire & I beleive sent it to you by last packet. ' " Bernard Papers, " vol. xi (Correspondence), p. 197. 156 BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO LORD BARRINGTON^ Boston May 9 1768 My Lord The Febry Mail is not yet come in : so that at this Time, 4 Months after his Appointment, I have received no Letter from Lord Hillsborough. As upon this Account I must still defer writing to him, I am now aware that I shall not have Time to apply to him for Leave to go to England ; so as to expect an Answer in Time to set out soon enough to keep clear of the Winter : and a Winter Voyage in these Seas is to be avoided by all Means possible. I must therefore beg of your Lordship that I may be favoured with your Lordships Application (with as Uttle Loss of Time as may be) t' at I may have an Order or Leave to come to England before Winter. An order it will be if the Minister sees the Expediency of calling me to make a Report in Person of the present State of New England ; in which Way I am convinced I can be more serviceable to his Majesty than I can by continuing here without real Authority. It seems to me that the Omission of the most proper Means to quiet America, if there has been any such, must be imputed to the Administration having wanted proper Informations of the State of the Country; which for many Reasons cannot be communicated by Letters. Considering this as a License granted to me. It will still partake of the Nature of a publick Business. For if my Service has received the Approbation with which I have been flattered, I hope it will create a Merit, which will exempt me from being again exposed to the same Dangers, which I so firmly withstood & so happily escaped. In the Winter ' "Bernard Papers," vol. vi (Letter Book), p. no. THE COMMISSIONERS 157 65-6, 1 was sev'ral Times drove to the very Brink of Deserting my Post; & in the Spring following the Lieut: Gov^ told me that nothing surprised him more than to see me in this Town at that Time. And if we are to beleive the Heads of the Faction here, if Concessions from Great Britain are not soon made, the next Winter will be as dangerous to Crown Officers as any which have passed. I have not at present any Dispute of my own or of any Kind but what arises from the Opposition to Great Britain. At present the Faction is cheifly employed in insulting affronting & threatning the Commissioners of the Customs & their Ofi&cers. The Instances are gross & notorious : I shall not at present mention Particulars, as I suppose the Commissioners them- selves will fully report them to their Superiors. It is sufficient that these Proceedings necessarily involve me in continued Disputes, as I cannot dispense with paying due Respect to Gentlemen bearing Commission under the great Seal & station'd in my Government. And yet this is in a Manner required of me, as the Terms of being spared^ myself. It therefore seems unavoidable that when they rise against the Commissioners (which they publickly declare they will do, as soon as they learn that their applications to the Government at home are successless) the Governor must be involved in the Dispute & partake of the Difficulty & Danger. For these Reasons as well as others, I much desire that I may have leave to come to England next winter. I am sensible that I run a risk of hurting my Family Stock, & much so, if I cannot obtain an appointment under the late Act with an early Com- mencement. But my Family will run a much greater risk, from my being left exposed to another insurrection, which will undoubtedly be attended with much more mischeif than the ^ First written "loved." 158 BARRINGTON-BERNARD CORRESPONDENCE former, as it will be accompanied with a desperate Defiance of Great Britain. This Event seems unavoidable if Measures are not already taken to prevent it. — If an Order should be obtained, I beg it may be forwarded with all Expedition, & a duplicate & triplicate by other Ships. The Right Hon The V" Vis* Barrington, I am &c. PS. May. 12. Yesterday I recieved my Lord Hillsboroughs first Packet; & as the Ship which is to carry this is to sail to morrow I shall have no time to write Lord Hillsborough except to acknowledge the Reciept of his Letters. I shall probably be able to write upon my subject in about a weeks time : but as the Time of that will be uncertain I shall stand in need of You Lordships interposition in the same manner as if this Packet had no', arrived. And it is the more to be desired as it will be proper to prepare his Lordship for an Address diectly from myself; which latter I shall most probably inclose to your Lordship, that you may judge of the propriety of it before it be presented. I should have mentiond before that I have recieved your Lordships Letter of Jan. 8 & am obHged to you for your kind information. secret As I have a Confidence in the Conveyance of the inclosed, I will venture to add a few Lines, which I should not chuse to trust to the common Post: I am well assured that it is the intention of the Faction here to cause an Insurrection against the Crown Ofiicers, at least of the Custom house, as soon as any Kind of Refusal of their extravagant Demands against Great Britain shall furnish a Pretense for so extraordinary COLONIAL UNREST j a Step; & that they depend upon being join'd & supported m this by some of the other Colonies. I am advised of this by one of their Party whose name I can never use, as he is not suspected of communing with me. 1 asked him if they were hkely to confine themselves to the Custom House ofHcers or would extend their operations to the other Crown officers & especially the Governor. His answer was, "if I was Governor Bernard I would get out of the way whenever any Commo- tion began, especially if it arose from the Expectation or the arrival of regular Troops." The same Person told me they were waiting for the success of their application to other Colomes to join them in an actual opposition. Since this I have learnt that they greatly exult in Advices they have lately recieved from other Colonies. All this is continually confirmed by frequent Declarations that they will do them- selves Justice; that they will remove the Commissioners & their olicers ; that no Pensioner of Great Britain, no, not one that recieves a Stipend from ■ thence shall live in this Province • & It has been publickly declared upon Change that if the Commissioners were not recalled before the beginning of the Winter, they will be shipped of for England. The Situation of these Gentlemen (& indeed of all the Crown Officers) IS become very gloomy; especially as they cant earn from England or New York that any Relief is intended to be sent to protect them from this desperate Gang I should have observed before, that it cannot be concieved that they would treat the Parliament of Great Britain with the Insolence & Contempt which their News Paper is frequently fill d with. If they did not mean to set her at Defiance, & dare her to express a resentment. This is the present State of this unhappy distracted Town. 'Followed by "Great Britain," then crossed off. i6o BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO LORD BARRINGTON^ Boston June i8 1768 My Lord I have just received your Lordships Letter dated April 16*^ as I did that of Mar 10 in due Time, which I waited to acknowl- edge 'till this Mail come in. Your Lordship observes that Things are coming apace to a Crisis: I am sure they are with us ; and I fear the Bostonians will get the Start of you. The Commissioners of the Cus- toms and their Ofi5cers & the Officers of the Custom House are driven out of the Town allready, the latter not without wounds & bruises & a narrow escape with life. The Com- missioners & their officers are on board the the Romney Man of War : the^ are going to the Castle to wait the Event of this, as soon as it shall be made defensible by the station of Men of War about it. There are allready the Romney of 50 guns & the Beaver of 16 : others are expected. I am myself on better terms with the people, than usual. A Civil Treatment of a petition of the Town to me, a plain & friendly Answer thereto & some real Service by interpos- ing with the Man of War, have given me a little popularity. But it wont last a week : as soon as I have executed the orders I have just recieved from the Secretary of State, in the general Assembly, there will be an end of my popularity. And I dont know whether I shant be obliged to act like the Capt of a fireship, provide for my retreat before I light the fusee. I shall send this by M"" Hallowell Controller of the Customs of this Port, who is sent home by the Commissioners upon this occasion. He will inform Your Lordship of all the par- ticulars of the present transactions, as he has bore a great ^ "Bernard Papers," vol. vi (Letter Book), p. 123. COLONIAL RESISTANCE i5j part in them. There seems at present a determination to resist Great Britain, & preparations, I am am told are made for It. We must wait for the Event. I am &c. The Right Honble The Lord Viscount Barrington. GOVERNOR BERNARD TO LORD BARRINGTON^ My Lord Boston. June 29. 1768. I wrote to your Lordship a short Letter dated June 18 which went in the Care of M^ Hallowell. Since that I have informed the Assembly of the orders I have recieved to require them to rescind & disapprove some resolutions of the late House m the last Session, & on their refusal to dissolve them It IS certain they wont comply; in the mean time they are putting off giving their answers, & perhaps meditating some other Act as bad as that which they are required to rescind 1 am not at present an object of resentment, altho I have been abused in a speech of Otis's in common with the Govern- ment the Ministry, the parliament & the People of G Britain & all persons in Authority on both sides the Water But I apprehend that I shall be drove to execute my orders in a manner that may make me personally offensive. Besides one doesnot know what effects the Dissolution of the Assem- bly may have among the People, nor what turn it may take I there fore a good deal depend upon my obtaining Leave of absence. I have not wrote to my Lord Hillsborough on this Subject: ever since my Correspondence has been opend with him I have had so many interesting Subjects to write ' "Bernard Papers," vol. vi (Letter Book), p. 125. 1 62 BARRINGTON-BERNARD CORRESPONDENCE upon, that I have not found room for myself. Besides, the Year has advanced so fast, that there is not Time left for me to recieve an Answer to a Letter wrote now, early enough to embark before the Winters sets in ; tho I should venture much if I should meet with a good Ship, especially a Man of War. I must therefore rely upon what I have allready wrote & your Lordships kind offices therein. It seems to me that my going to England is quite neces- sary for the improvement of the good disposition of the Minister towards me. Without an interview, there will be no End of doubts & difficulties, especially as my Ideas of an advantageous settlement lay a great stress upon health & the means to preserve it, a good Climate. I also want ease & rest, having been greatly too much overworked for 3 Years past, & I begin to feel it. I had therefore rather return to my old Goverment of New Jersey with a Salary of i5oo£ a Year (no more than is allowed to the Government of Nova Scotia) than go to a Southern or West indian Government (Barbadoes excepted) of twice or thrice the Value. And I should think this might be effected by advancing Gov^ Frank- lin & allowing an additional Salary to that Government. As for my staying in this Government with an additional Salary, It would depend upon the treatment the People are to meet with here. If I was upon the spot where I could know what is to be done with this Goverment, I could quickly tell how ^ advisable it would be for me to continue in it ; & if I should be asked my opinion what should be done I might propose measures which would make my return to it by no means advisable. For tho' I conform to the Constitution of the Government, as it is at present my Duty, yet I cant be blind to its defects & the ill consequences which proceed from thence ; ' Followed by "to," then crossed off. WISHES TO LEAVE BOSTON 163 & if I am called upon I must speak out. Upon the whole my having leave to go to England seems to be the first step to be taken. June 30. I have this day recieved the ^ answer of the House, wherein they refuse to comply with the terms of the Kings requisi- tion in a manner which will give great offence at home. I am also abused by them, altho' I have been meerly ministerial in this business. I have therefore prorogued them to day & shall dissolve them to morrow by proclamation. I expect great resentment from England against this Town & province, & that much confusion will arise here & perhaps there may be an actual insurrection. Upon these accounts Leave for me to go to England becomes more & more desirable. I wTite fully to my Lord Hillsborough, & upon that Account must shorten this as I must make up my packet for a Ship which is to sail to morrow. I am with great &c The Right Hon ble The Lord Viscount Barrington LORD BARRINGTON TO GOVERNOR BERNARD 2 Cavendish Square Aug^ ii'.'^ 1768. Dear Sir, In my last Letter to you I made you an offer from Lord Hillsborough of the Lieu- Government of Virginia if it were agreable to you : but an Event has since happen'd which put an end to this Plan. The Representations of that Colony to the King and Parliament shew such an alarming disposi- tion there, that it was thought necessary a Governor and a ' First written "an," then changed to "the." ^ "Bernard Papers," vol. xi (Correspondence), p. 277. 1 64 BARRINGTON-BERNARD CORRESPONDENCE man of great distinction should reside there. Sir Jeflfery Amherst declining to go to America in that capacity, Lord Botetourt has been appointed in his room, a man every way fit for the business he has undertaken. I hope this will not prove a disappointment to you, and that some other advan- tagious establishment will be found out for you in case Boston continues a disagreable Government, of which there is but too much appearance. It is now evident to all the world that the Civil Magistrate in the Massachusets should be assisted by troops, in main- taing Peace & supporting Law. The Regiments in North America being thro' a most fatal Policy dispersed so, as that no considerable number can be assembled, two Regiments are going from Ireland to that part of the world ; but of this I need say no more, as your publick dispatches will fully apprize you of it. I understand from Lord Hillsborough that in your dis- patches you mention leaving your Government on account of health or something of that sort, but in the present junc- ture I am persuaded you will not stir from thence on any Account tho' you have leave of absence. I know & lament the uneasyness of your situation and hope in God it will not long continue. I am with my best Comp! to all my Cousins Dear Sir Your Excellency's most faithful & obed? Servant Barrington. TROOPS TO BOSTON 165 GOVERNOR BERNARD TO LORD BARRINGTONi Boston July 11 1768 My Lord I wrote to your Lordship the 2(f' inst* a Letter which went to New York for the Packet ; and a duplicate went the next Monday for Glascow. I now take an Opportunity of sending to your Lordship Copies of the Papers relating to the Dissolution of the Assembly as they are printed in the Newspapers. This Business went off easier than I expected, partly from its being previously known and partly by my dismissing the Assembly by Prorogation & dissolving them afterwards by Proclamation. But the Crisis is still to come : Death has been denounced against those who are concerned in bringing Troops here : and yet I beleive one Regiment at least is now ordered from Halifax. I have kept clear of being concerned in it by the Indulgence of Gen' Gage who knows my Situation; but it will not follow that I shall not be charged with it. However I must take Care of myself as well as I can ; and if I can't stand my Ground I must go to the Castle, which is now be- come a Place of Security, tho' in a Manner without a Garri- son, having a 50 Gun Ship two 16 Gun Sloops & two armed Cutters stationed about it. Few Weeks will determine this Affair. I am &c The Right honble The Lord Viscount Barrington } "Bernard Papers," vol. vi (Letter Book), p. 132. 1 66 BARRINGTON-BERNARD CORRESPONDENCE LORD BARRINGTON TO GOVERNOR BERNARD ^ Cavendish Square 6^^ Septem' 1768. Dear Sir As this Packet will carry you a Duplicate of the Letter which I wrote to You by the last ; I have little now to add, except an acknowlegement of your Letter dated the II^^ of July : And an Account of Sir Jeff ery Amherst's resignation of the Regiments he commanded. This event has given great concern to the King, & to every body who serves him ; for Sir Jeffery is universally respected & valued. - - - You may be assured there was the strongest intention to shew him every mark of regard ; And I really think that if Sir Jeffery's own mind could have approved the offer made him, & which it was thought he had accepted, of a Pension for life out of the Americaii 4^ per Cents, equal to what the Government of Virginia brought him in, no man living, of the least degree of common Sense, would have blamed Sir Jeffery, or thought him ill used : Be that as it may, I very much lament what has happened. God grant that we may have speedy Accounts of Boston's being quiet: but I shall not expect that tranquillity there will be of long continuance, unless some legal example be made of persons concern'd in the late violences committed there. I am with great truth & regard Dear Sir Your most faithful humble Servant, Barrington His Excellency Governor Bernard &c &c. 1 "Bernard Papers," vol. xi (Correspondence), p. 293. THE SOLDIERS 167 GOVERNOR BERNARD TO LORD HARRINGTON * Boston, July 20, 1768 My Lord — We continue in the same uncertain Situation now as when I wrote last : the Crisis waits for the arrival of Troops ; & I now learn that there are none coming. Gen^ Gage has now inaformed me that his orders to HaHf ax are that ^ the Troops shall be collected & kept in readiness, but are not to move till I require them. I answer that then they will never move : for I shall not make such a requisition without the Advice of Council; & I never expect to obtain that; neither their popular Constitution nor the present intimidation will permit it. He says that Troops never are sent to quell Riots & Tu- mults but at the desire of the Civil Power. I admit it; & say that I sh*^ never think of sending to New York or Hali- fax for Troops to quell a Riot at Boston : the Business must be over before they can arrive; & no Troops can be of any Service in quelling a Riot or a Tumult, that are not previously quartered near the Place. In Short, my Lord, Troops are not wanted here to quell a Riot or a Tumult, but to rescue the Government out of the hands of a trained mob, & to restore the Activity of the Civil Power, which is now entirely obstructed. And if an open Defiance of the Authority of Great Britain; a persecution of all those who are supposed to be maintainers of that Authority ; The Expulsion of the King's Commissioners ap- pointed under the great Seal in pursuance of an Act of Par- liament out of the Town where they have been Stationed by the King's Authority; & obliging them to take refuge in a 1 " Bernard Papers," vol. vi (Letter Book), p. 136. ^ At this point in the original there is what appears to be a period. 1 68 BARRINGTON-BERNARD CORRESPONDENCE Castle & there remain under the Protection of Men of War for want of better Security ; If all these are not sufficient to show the Expediency of quartering Troops at Boston, we must wait till it becomes more apparent. In truth, The sending Troops to Boston sh^ be a Business of quartering, of Cantonment: it is now no secret that this ought to have been done two years & a half ago. If it had, there would have been no opposition to Parliament now, & above all no such Combination as threatnens (but I hope vainly) the Overthrow of the British Empire. If Provision was to have been made against Faction & Sedition, the head quarters should have been secured. Instead of which Regi- ments have been sent into Quarters at Philadelphia &new Jersey where the People are principled in peace & Submission to civil Order ; & Boston has been left under the uninterrupted Dominion of a Faction supported by a trained mob from Aug®' 14, 1765 to this present July 23, 1768 And now all the Burthen is to be laid upon me and, as if I was not at present sufficiently loaded with Dangers & Diffi- culties, I alone am to be made answerable to the Fury of the People for introducing Troops here illegally & unconstitu- tionally ; for so they will call the requiring them without the Advice of Council. Otherwise I am to be made answerable to the King for all the ill Consequences which shall follow the Want of Troops here. I must say that this bringing me between two Fires is very hard ; and I would add very cruel, if I was not convinced that it did not arise from any Intention to hurt me : for I am well assured that Gen Gage has none but friendly Intentions towards me; tho' possibly he may act in this Business with too much Caution, or probably may be confined in his general Orders. To discharge myself as well as I can of being answerable THE SOLDIERS 169 for Consequences I have ordered a general Council to meet on Wednesday next when I shall lay before them the Sub- stance of Gen' Gages Letters, and require them to give me their Advice whether I shall or shall not send for the Troops which the Gen' has ordered to be ready at Hahfax: And according to their Advice I will act. I should not have chosen to have made this Communication ; for I expect little Assist- ance from a Council popular & timid ; And I have but lately tried them upon this very Question : but ^ I am drove into this Measure. As soon as the Determination is over, I shall acquaint Lord Hillsborough with it: In the mean Time I have thought it proper to state this Business to your Lord- ship, that if it should be brought upon the Carpet to my Dis- advantage your Lordship may be informed of the true State of the Case. I am &c The Right honble The L'' Vise' Barrington GOVERNOR BERNARD TO LORD BARRINGTON 2 TVT T Boston July 30 1768 My Lord j j o i According to the Notice I gave you in my Letter of July 20 I have laid the Proposal of Gen' Gage before a very full Coun- cil, & upon putting the Question whether I should or should not require Troops of Gen' Gage, it past in the Negative unanimously, as indeed I expected it would. But tho' I was prepared for this Answer, I was not for the high Strain of the present Popularity with which this Question was treated; from whence I am, convinced that I am no longer to depend upon the Council for the Support of the small Remains of royal & parliamentary Power now left ; the whole of which has been gradually impeached arraigned & condemned under my Eye. 1 First written "for," 2 "Bernard Papers," vol. vi (Letter Book), p. 139. I70 BARRINGTON-BERNARD CORRESPONDENCE It is now 3 Years since the popular Power, which now prevails first raised its head : I have constantly give Notice of every Step it has made, & have given my Opinion that there was no internal Power in this Government which could prevent its gaining all real Power. I have myself done every thing I could to stop its Progress & by my Negativing Power kept it from prevailing in the Council. But it is all over now: the indifference which has been shown in England to the checking the Demagogues of America for so long a Time has at length so effectually discouraged the Friends of Govern- ment, that they have been gradually falling off, 'till at length the Cause is become desperate. The Vote in the House against rescinding, which was carried by so large a Majority gave the precise Turn to the Council; and now I see that popular Leaders & popular Measures will wholly prevail in that Body in which I have hitherto boasted that I have kept the Enemy from prevailing. I have wrote to my Lord Hillsborough giving him a par- ticular Account of ^ all the Proceedings about requiring Troops hither, with Copies of all Papers relative thereto. But I desire by no Means to be understood to blame Gen' Gage, whom I consider to be very friendly to me. I make no Doubt but he can as well vindicate himself for not sending Troops here without my Requisition as I can for not requiring them without the Advice of Council. All I desire is that we may both appear to have acted right. As the Settling these Provincial Disputes will take up Time, and I am become very heterogeneous to the present prevailing System, I should be glad to retire a little, till it can be determined how I can be disposed of : for surely I have for 3 Years served in a very hard Warfare. I am &c The L*^ Vise* Barrington * First written "about." THE SOLDIERS 171 LORD BARRINGTON TO GOVERNOR BERNARD ^ Beckett October the 3^ 1768 Dear Sm; Since my last I am to acknowlege your Letters of the 20 & 3o^'' of July. I agree entirely with your reasonings about sending Troops to Boston : The late Violences made it proper to send them, orders went accordingly to General Gage, but he had not received those orders when you wrote the above mention'd Letters to me. He was right in not sending any Troops without either orders or requisition. I find near three Regiments are assembled at Halifax, & two saild from Ireland the 10*^^ of last month. I hope this will furnish a sufficient Strength for you ; but when they come, how will you quarter them, or where will you find a Civil Magistrate to use them ? If the Act for quartering Troops in N. America had been alter'd as I proposed, the first difii- culty would not have existed : I hope you will be able to re- move the Second difficulty. I long to hear that things are quiet, I mean permanently quiet in your part of the world, & I wish it may be without any bloodshed. Believe me ever Dear Sir Your Excellency's most faithful & Cannot a Governor make most obedient Servant what Justices he pleases, & Barrington. is he not himself a civil Magistrate ? The Commissioners of the Customs at Boston may also be Justices of the Peace and act as such, both for quartering & directing the Troops : At least I conceive they may. ^"Bernard Papers," vol. xi (Correspondence), p. 319. 172 BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO LORD BARRINGTON^ Boston Aug 27 1768 My Lord I am honoured with your Lordship's Letter of May 9*^ which arrived at Boston the 20^^ of Aug. that is 14 Weeks after it left London. I mention this that there may be no Imputation of Negligence in me in not acknowedging the Favour by the earliest Opportunity. I am truly sensible of the high Honour I receive from my Lord Hillsboroughs Estimation of me and your Lordship's Attention to improve it in the best Manner for my Advantage. The unexpected Offer of a Title strikes me too forcibly not to occasion some Deliberation. If indeed it was to be de- termined by myself upon selfish Considerations, I should have no Doubt of declining it. But in a Business of so great Concern to my Family others are to be consulted besides myself. M^ Bernard is at present at a mineral Spring 90 Miles from hence to which she has been sent by her Physi- cians. I have also an intimate Friend & Relation in England who has my Intrests so much at her Heart, that I can't excuse myself advising with her. So, my Lord, you must not be surprised, if by making Use of a female Council I should be led into an Act of Vanity. But at present I think the Objections I have to accepting the Honour are unsur- mountable. If I consult my poHtical Friends about accept- ing this Honour, I know they will labour for the affirmative with great Earnestness upon poHtical Considerations. It will be urged that the conferring this Honour on me will afford a true and proper Triumph over those Enemies which my Adherence to the Rights of Great Britain has created ; ^ "Bernard Papers," vol. vi (Letter Book), p. 141. THE BARONETCY 173 that it will hold out a Light to other Governors and Crown Officers and teach them that their true Intrest leads to ad- hering to their Duty and not temporising at the Expence of the Rights of the Crown ; and that it will tend to cast a Disgrace upon the Faction which has of late prevailed here, and to lower its Estimate with the People of the Country. I own, my Lord, that these Arguments will have some Weight with me, who am used to consider every Event, with its Relation to the Service of the Crown. You see, my Lord that it is impossible for me to come to a Resolution at present, and therefore I can only desire your Lordship to present my most respectful and grateful Compl*^ to my L'* Hillsborough and to beg his Indulgence of further Time for to consider of the Propriety of my accepting the great Honour he intends for me. In Regard to the Government of Virginia I have much less Difficulty or indeed none at all. It is certainly much more valuable than this, even tho' the contingent Profits, which this has been deprived of for 3 Years past & more, should be restored. I speak this upon a Presumption that the Lieutenancy will be held upon the same Terms with the principal as it was by M'' Fauquier ; which I understand was by paying 1500 pounds sterlf in England clear of all Charges. As for the Title of Lieut Gov"^ it matters not whether the Governor is called his Honor or his Excell^ ; tho if it signified any Thing the latter Title might be given to the Lieut Gov' by a special Commission that should not be derogotary to the Commission in cheif : and I have often wondered it was not done ; as this is in Effect a principal Government. The Gov"' of Maryland has long ago taken the Title of his Excell*^, by what Authority I dont know, unless it is by a Commission from his Majesty: for surely a Proprietor can confer no 174 BARRINGTON-BERNAKD CORRESPONDENCE such Title. As for the Climate which your Lordship knows is a principal Consideration with me, cheifly upon Account of M"^ Bernard, I have learned enough to satisfy me that tho it is too southerly, it is not unhealthy and will probably suit with her. I must therefore desire your Lordship to signify my most grateful Acceptance of this Offer for the present; by which I mean a Reserve of Liberty to apply for something else, if I should be disappointed in the Climate or Income of this Government. If I am not, I may probably set down with Pleasure for the rest of my Life : for it is high Time that my Peregrination should be determined : It will be extremely agreeable to me to be succeeded here by the L* Gov"^, as indeed it will upon many Accounts pro- mote his Majesty's Service. Such an Appointment will effectually discourage the Faction, who are more inveterate against him than against me ; and are most offended at me for taking his Part ; And it will afford another great Instance of rewarding faithful Servants of the Crown. I shall treat this with all the Confidentiality your Lordship recommends, and shall not acquaint him with the Assurance I have of this Intention. But I must tell him that I hope and expect that he will succeed me ; as it will be necessary to enter into Concert with him about many Matters previous to this Change, and to take his Opinion concerning several Regu- lations which I have had in my Thoughts to propose. I shall avail myself of Leave to return with aU due Ex- pedition ; Many Things both public & private concur in mak- ing it expedient. I have not yet received my L*^ Hillsborough's Letter for that Purpose; the June Packet is not come in, tho it is now ii Weeks since it left London: It is become a most dilatory Conveyance. I now communicate to your Lordship my Sentiments as they arise: when I have the VIRGINIA 175 Honour to wait upon your Lordship I shall determine upon every Point. The Question of the Government may receive a considerable alteration if Gen' Amherst should require new Terms from the new Lieut*, which might impair the Bene- ficiality. But I dont expect it as it would probably open a Door for Disputes which had better be avoided. I am &c The Right honble The Lord Vise' Barrington LORD BARRINGTON TO GOVERNOR BERNARD » Cavendish Square Nov^ the i^ 1768. Dear Sir, I am to acknowlege your Letter of the 27*^ of August, the last received, and the only one unanswered. I have before acquainted you of the necessity of sending a Governor to Virginia which has put an End to the Idea of your succeeding MF Fauquier. The unexpected and ex- traordinary behaviour of the Council and assembly of that Province, made it thought necessary to send a man of Quality thither in a more eminent station than has been usual for many years past. The News Papers &c have assigned other reasons for Lord Botetourt's appointment; but without the least ground. He never had an Idea of going to America till it was proposed to him. I hope some other good thing will soon open for you, and the Title is ready whenever you are on the whole inclined to accept it. You mention in the Letter I am now answering, an intention of making use of the discretional leave sent You by Lord Hillsborough, tho' not then received : When this leave was 1 "Bernard Papers," vol. xii (Correspondence), p. 5. 176 BARRINGTON-BERNARD CORRESPONDENCE granted, the Province under your Government was tolerably quiet ; but the Riots which have since happen'd, the ^ Re- bellion in September last, and the expected arrival of the Troops who will stand in great need of your Excellency at their arrival and in their proceedings, will undoubtedly keep you at Boston till better times. I most sincerely feel for your difficulties and distresses there ; but it is such a situation that shews Virtues & talents in their true Hght. I am with my best Comp? to all my Cousins Dear Sir Your Excellency's most faithful & most obedient Servant Barrington. LORD BARRINGTON TO GOVERNOR BERNARD 2 Cavendish Square NovF 9*!* 1768 Dear Sir, The Packett having been delay'd I have an opportunity of congratulating you on the happy & quiet landing of the troops at Boston, and the universal approbation your steady and able conduct has obtaind. I need add nothing to my letter of last week which will go by this conveyance but a repetition of my being with great truth & Esteem Dear Sir Sir Jeff. Amherst has Your most faithful return'd to the Army to & most obedient Servant my great satisfaction. Barrington. ^ First written "particularly the." * "Bernard Papers," vol. xii (Correspondence), p. 9. THE TROOPS AT BOSTON 177 GOVERNOR BERNARD TO LORD BARRINGTON Boston Oct' 20 1768 My Lord I deferred writing to your Lordship on the Subject of Lord Botetourt's Promotion untill I could receive from your Lordship as I expected I should, an Explanation of it. This did not come to my Hand untill 4 Days ago when I received your Letter of Aug 13 by that tedious Conveyance the Packet. I should not deal sincerely with your Lordship if I was to say that it has not proved a Disappointment to me. But I am quite sincere, when I assure your Lordship that it will have no Influence upon my Conduct, & that it will never appear from my Actions that I have received any Disappointment at all. And indeed it will soon wear of^ by my reflecting that it has arose from my Lord Hillsboroughs favorable Intention towards me, which has itself received no Abate- ment, tho' it has been prevented being carried into Execution in the Manner proposed by unforeseen Circumstances. And therefore I should be inexcusable, if I did not dispose myself to wait chearfully for a more suitable Opportunity of it's exerting itself towards me. The Expectation of this becoming an agreeable Government, tho at best it would be very unpromising, seems to be entirely cut off by the Disposition which appears in the present Ad- ministration not to carry into Execution M"' Townshend's Act for settling adequate civil Lists for each Government. For if I should reconcile myself to the People which consider- ing the fresh Tasks I have now sat me, is not as yet to be expected, I don't see how I am to be releived in Regard to the Deficiency of my Income, concerning which I sent a Petition 1 " Bernard Papers," vol. vi (Letter Book), p. 156. 178 BARRINGTON-BERNARD CORRESPONDENCE to the King about 2 Years ago, which by the Act that passed the Session after, I flattered myself had been favorably received. For my own Part I cannot now live upon the Income of my Government, which by Means arising from the Troubles of the Times & the ill Temper of the People is now reduced to under 1000 Guineas a year, as I proved by authentic Vouchers annexed to my Peti- tion. And I suppose it is not intended that the Income of any Government shall fall short of a full Subsistance to the Governor. My Idea of M"" Townshend's Plan for settling fixt civil Lists in the Governments is very difl&erent from that which now prevails: and it seems that a Departure from it will be very contrary to the Rules of true Policy. But as I have had more than any Governor whatsoever, an Intrest in its being carried into Execution, I have for that Reason only, avoided expressing my Sentiments upon it. But my Lord I am persuaded that the Time is coming, if not allready come, when the very Opposition to that Establishment, will evince the Necessity of carrying it into Execution. It was some Years before the passing of the Stamp Act that I was con- vinced that establishing certain civil Lists in America was indespensably necessary to the Reformation & Regulation of the Governments. This is become much more so now than it has been heretofore: and if the Perverseness of the Americans in their Treatment of the supreme Legislature should oblige the Ministry in Order to vindicate the Authority of Parliament to carry this Act into its full Execution it would be an happy Effect of a bad Cause. For if it is not executed the Want of it will often be felt. In this Province particularity, the Want of Pay for proper Officers will be found among the cheif Causes of the Imbecilhty of Government. COLONIAL REGULATION 179 If Punishments & Rewards are the two Hinges of Govern- ment, as Politicians say, this Government is off of its Hinges; for it can neither punish nor reward. In short my Lord if this Act should be laid aside either by Repeal or Non- Execu- tion, we shall have Reason to be sorry that it ever passed. For the Disappointment of it will cast such a Damp upon the few People which remain faithful to the King, that he will soon be without Servants. The Laws of Trade will be ex- ecuted, because there the Officers are paid. But in all other Departments of civil Policy the Service of the Crown will be defeated: for it cannot be expected that Officers should act in Opposition to the Humours of the People on the Behalf of the Crown, when they are left by the Crown to the People for scanty & precarious Salaries. We have got two Reg'^ from Halifax landed at Boston: those from Ireland are not yet come in. So that the Per- sons of the Crown Officers are safe as I beleive ; tho' that is still doubted. But Security alone will not restore the Au- thority of Government; especially as the Council has now gone over to the People, thinking, as I suppose, the Cause of the Crown to be desperate. And indeed the long Delay of parliamentary Resentment & of military Protection to- gether with the non-execution of the Salary Act has caused a General Despondency. And this will be compleat if it is confirmed, as I have just now heard that the Charter of this Government is still considered as sacred. For most assuredly if the Charter is not so far altered as to put the Appointment of the Council in the King, this Government will never recover itself. When Order is restored it will be at best but a Re- public, of which the Governor will be no more than President. I have sent My Lord H Matter enough to support this As- sertion; I have still more of the same Kind to follow. I i8o BARRINGTON-BERNARD CORRESPONDENCE shall herewith enclose some printed Papets to this Pur- pose. As for my Voyage to England, I had fixed upon the Ship & the Day of sailing ; when about a fortnight before the Day I received a long Letter from Lord Hillsborough which con- tained Orders of such a Kind that I could not but consider it as a Suspension of my Leave. This Letter also brought the first Advice of Lord Botetourt's Promotion, I thereupon sat down (with an heavy Heart I must own) to spend another Winter here & how much more I know not, under the gloomy Prospect of encreasing Trouble & decreasing Health & For- tune. In this Temper I wrote to my Lord Hillsborough with as chearful a Countenance as I could. So that by this Time he must be satisfied of my not returning to England. I have often reflected with Concern upon what your Lord- ship informed me that there were not lo Persons in either House that were favorable to an American Representation. I conceive it to be unfortunate for Great Britain that this Expedient meets with no better a Reception. For it seems to me that this Measure is not only the most proper to remove the Causes of the present Dissentions ; but that an incorporat- ing Union is the only Provision which can prevent a Separation of the Colonies from Great Britain. If it is not done soon, it wiU be too late ; & a Separation will take Place at no great Distance of Time. I shall enclose an Extract of a Letter to me from a Member of Parliament well acquainted with America, observing that his Opinion & mine was not taken one from another ; but we were each confirmed in it before we knew the other's Opinion. I am &c The Right honble The Lord Visc^ Barrington SOUTH CAROLINA i8i P S Oct 29 I am just now informed from ^ Letters now arrived that the Government of S Carolina is at this Time proposed for me. I have in former Letters particularly excepted to that Govern- ment, not upon Account of the Value but the Climate. But as your Lordship may not have this in Memory, I think it proper to repeat my Reasons why I must desire to decline it. I have made myself so well acquainted with the Nature of that Country, that I am persuaded it would deprive me of two of the greatest Comforts of my Life, my Health & my Wife. The former indeed would depend upon a Trial : but the latter would have none ; for I could not ask her to go with me. And as after 27 Years Cohabitation, We are still as desirous to continue together as we were the first Day, I cannot consider an Appointment which will separate us as a Reward or an Advancement, tho my own Health was out of the Question. By my Letter of June 29*^^ last I informed your Lordship how great a Stress I laid upon an healthy Climate in my Idea of a good Government. And I added that I had rather return to my old Government of New Jersey with a Salary of ^1500 a year (no more than that of Nova Scotia) than go to any other Government, Barbadoes excepted. Now, my Lord, if the Vacancy of S Carolina could be made the Means of removing Gov' Franklin, & Means could be found to encrease the Salary of New Jersey to the Sum before mentioned or nearly towards the same, I should be better pleased with it than with a much larger Income in a worse Country. The present Salary allowed to the Gov' of New Jersey is ^720 or ^ 750, 1 am not certain which. The Assembly might be induced to raise it to 900 : & if 600 or 500 could be added from the 1 First written "by." i82 BARRINGTON-BERNARD CORRESPONDENCE American Treasury it would quite compleat my Wishes. I still love the Place & am still beloved by the People. M'* B begs Leave to join in Compl^^ to your Lordship. She has greatly recovered her Health by the Use of a mineral Spring in Connecticut & continual riding on Horseback LORD BARRINGTON TO GOVERNOR BERNARD » Cavendish Square Jan: 2^. 1769. Dear Sir, I have received your Excellency's Letter of the 22^ Oct.^ and the Duplicate. All your Letters convey to me very un- favourable Ideas of your part of the World : There is only one comfortable circumstance, which is that the troops are quietly lodged in Boston. This will for a time preserve the publick Peace, and sr :ure the persons of the few who are well affected to the mother Country. I wish there were a better prospect of such measures at home, as will tend to preserve the Obedi- ence of the Colonies, and such have been proposed ; I can moreover assure you that they have been relish'd by the majority of the Cabinet ; but by some fatal catastrophe, two or three men there, with less ability, less credit, less authority & less responsibility than the rest, have carry'd their point and produced that flimsey unavailing Address which has past the Lords, has been sent down for concurrence to the Com- mons, and which will be considered by them after the Holy days. I think there is a bare possibility that it may be amended in that House of Parliament. I think however it is determin'd by all the ministers, not to repeal Mf Town- shends Acts till the Colonies have submitted thoroughly to them. 1 "Bernard Papers," vol. xii (Correspondence), p. 33. 2 There is no letter dated Oct. 22, 1768. This should read October 20. AS TO REMOVAL 183 The Picture I have drawn of things here will not encrease your inclination to remain at Boston. I earnestly wish you were removed to some other Government; or provided for at home to which your Services abroad give you the justest claim. I have said & shall say this at all proper times & to all proper persons. I am fully instructed as to your wishes concerning other Governments, except that I am not clear whether you should like Barbadoes if it were to become vacant ; and in that respect I beg full & clear information. You may be assured that I shall do you every good office in my power, according to your own Plan. As to S. Carolina it is not vacant, or likely to become so, & I well remember 'd your sentiments concerning that province. I beg you will present my best Complim*? to M"? Bernard and to all my Cousins. I wish them & you many happy years and am with the most perfect regard Dear Sir Your Excellency's most faithful & most obedient humble Serv. Barrington. LORD BARRINGTON TO GOVERNOR BERNARD ^ Private Cavendish Square 12^'' Feb^" 1769. Dear Sir, There were no Packets on this Side the Atlantick the first Wednesday of this Month, which has retarded my writing till I could inform you that the Resolutions which so long ago came down from the House of Peers, were agreed to by the Commons : I mean the Resolutions concerning America ; * "Bernard Papers," vol. xii (Correspondence), p. 49. l84 BARRINGTON-BERNARD CORRESPONDENCE concluding with an Address, which tho' voted by the two Houses, I beUeve is not approved by five Men in either : Some thinking it too much & others too little in the present Crisis. I am one of those who think the measure futile & in no respect adequate. I am convinced the Town Meeting at Boston which assembled the States of the Province against the King's Authority, & armed the People to resist his forces, was guilty of high Crimes & Misdemeanors, if not of Treason ; And that M'' Otis the Moderator (as he is improperly called) of that Meeting together with the Selectmen of Boston who signed the Letters convoking the Convention, should be impeach'd. This would convey terror to the Wicked & factious Spirits all over the Continent, & would shew that the Subjects of Great Britain must not rebel with impunity anywhere. Five or Six Examples are sufficient ; And it is right they should be made in Boston, the Only place where there has been actual Crime ; for as to the Opinions almost universaly held thor- oughout America, concerning the Claim of Taxation, I think every man has a right to judge & to speak his Judgement concerning Laws, tho' he hs no right to disobey them. It also seems to me that the Council of Boston which has opposed the calling for Troops & the Quartering of them ; which pub- lished their answer to the Governour before they had made it, and their proceedings without his knowlege & consent, should no longer be Democraticaly elected; but, like all other Councils be appointed by the Crown. Any measures short of these seem to me trifling and dangerous. We have at last expelled M"^ Wilkes : He will be rechosen for Middlesex, and then declared incapable of sitting in this Parliament according to precedent, after which the County must elect some other person. His Cause seems however drooping very fast, and will I am persuaded be soon forgotten. AMERICAN AFFAIRS 185 Tho' he has been twice chosen Alderman of London, his Brethren will not let him sit among them, if they can help it, and I am told they can. I am with my best Comp! to all my Cousins Dear Sir P S Your Excellency's March, i. 1769 most faithful & There will be a Cabinet most obedient Servant on American affairs in a Barrington. few days when whatever is or is not to be done will be fixt. The Packett can be kept no longer and goes off to day. LORD BARRINGTON TO GOVERNOR BERNARD 1 Cavendish Square 21^^ March 1769. Private. Dear Sir I am very sorry to inform your Excellency that there is no hope that any thing more effectual in regard to North America will be done in Parliament this Session : Vigorous and proper measures have been propos'd to the Cabinet, but it is under- stood they have met with Negatives there. I was directed to bring in the Short Act of last Year for continuing the American Mutiny Act without alteration or addition : I propos'd in the Committee a Clause, of which I send you a Copy: Court & Opposition who have never agreed in any thing else, joined in rejecting my Proposal. The duty I owe to the Crown, the State, the Parliament & the Army, required me to endeavour that the Mutiny Act in America should be executed; the conduct of the Justices and the Council of Boston has shewn it may be evaded. I am as little desirous '"Bernard Papers," vol. xii (Correspondence), p. 65. i86 BARRINGTON-BERNARD CORRESPONDENCE as any man, that Troops should be quartered in private houses; nor was that the intention of my Clause, but to engage the Americans to Quarter them according to the Act, by shewing that if they did not, worse inconveniences would happen to themselves than hireing empty houses and furnish- ing Bedding &c? I confess I do not see how the Troops will in several places be put under cover after this tame acquiescence of Parliament in the disobedience of the Town of Boston, in respect to Quartering those which are there: Nothing but the happy expedient of appointing Commissaries, which occurred to You last Autumn could have procured legal Cover for them even at the expence of Great Britain. MF Pownal formerly Governeur of the Massachussets Bay, and Mf Garth who is Agent for one of the Colonies, (both Members of ParUament) propos'd two Clauses which you will see in the Copy of the New American Mutiny Act, just pass'd, which I herewith enclose : I like them very well, & I think they would have produced good effects, if my Clause had been accepted likewise; but I have no conception, as things now stand, that any Man in America will take one Voluntary Step towards Quartering the Troops at the expence of the Colonies. I trouble your Excellency with these matters the more readily, as the being early apprized of them will enable you the better to give that assistance to the Troops at Boston which the present Circumstances will allow. I was acquainted two or three days ago with the opinion of Government that the next Pacquet ought not to sail for America without carrying out to You some mark of the King's favour that might shew his approbation of your conduct; and that it was therefore determined to create You a Baronet immediately. I well remember your indifference, to say the least, in respect to Honours of that kind; as likewise the SIR FRANCIS BERNARD jg^ peculiar deUcacy of your Situation wl>ich you sometime since commumcated to me: but I thought on the whole such a Spontaneous mark of Royal favour bestowed at this juncture should not meet with obstruction from Your friends. I was hen asked how you were to be described in the Patent I had recourse to M- Blackborne, by whose advice I gave the followmg description. Francis Bernard oj NeUleham in the County of Lincoln Esquire: The Patent is passing, and is already so far advanced, that I may safely wish You & Lady Bernard joy. I hope this will soon be followed by somewhat of a more solid Nature. You are entitled to a great deal, and the worthy intelligent part of Mankind will not thml. your Services overpaid by any rewards you may 'Zut /n'''™ ;'^'" '"' '^^' ""^ ^■'^ of 'his matter shall be fully explamed to M» Berresford by Mr Tackson and M- Blackborne. I had almost forgot to add tjatte expence of your Patent will be paid by the Crown; a thing very unusual, and therefore the more honourable. I am & regLr"""'' '" "'''""'''' "^ ^^°°- ^ ^^ ""■ S^*^' '^"'h D'Sir Your Excellency's most faithful & obedient humble Servant Baerington. 1 88 BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO LORD HARRINGTON ^ Boston Feb 20 1769 My Lord I must appear negligent in not writing to your Lordship of late but I assure you that it is not for Want of Respect or Attention to Business. I am hard worked every way; & in writing I have none but myself & my third Son, who having taken his Degree of A.B. I am obliged to employ as a Copyist, not daring to trust Strangers. An Answer to your last could not have gone before, if it had been immediately wrote after their Receipt. The Affair of Virginia has long ago been settled in my Mind. As for the Title I see great Difficulties in declining it which did not attend the first Proposal. Many private Letters from London, which have been published in the Newspapers, mention an Intention to make me a Baronet, so that it has generally gained Credit. And my declaring that I had no Expectation of it (I meant immediate) has been interpreted, that I have refused it. This has made my Friends blame me for neglecting to take this Opportunity to advance my Family; & my Enemies for presuming to refuse his Majesty honours if they were really offered to me. M*^ Temple has made this a Subject of Part of a Libell he has lately published against me, which, as My Lord H has a little Share in it, I shall send to him by my next Packet. I could bear this ; but my Lord H ^ having kindly offered to take off 1 "Bernard Papers," vol. vii (Letter Book), p. 258. There is no letter to Lord Barrington between this and the one of Oct. 20, 1768. Governor Ber- nard, however, wrote an interesting letter to an unknown person during this interval, which will be found in Appendix I, under date of Dec. 23, 1768. ''The following, "Bernard Papers," vol. vii (Letter Book), p. 261, is un- doubtedly to the Earl of Hillsborough and is interesting in connection with the above letter and the baronetcy. TEE BARONETCY 189 from me the Expence of the Patent, which I have since freely owned will be a Benevolence convenient to me, I know not how to refuse his Favours. I have therefore wrote to him that if his Lordship shall think that such an Appointment will promote his Majesty's Service either in this Station or in any other to which I may be appointed, which I must own I think it may, I shall most thankfully accept of this Honor, if his Majesty shall be pleased to confer it upon me. And I have for this Purpose been forming a Scheme which with a little Help, not unreasonable to request, will provide for an Income to attend upon this Honor. I have not the plan ready now, & If I had, I should not send it, as it it would look like making Terms. I have no Thoughts of going from hence 'till after the next Meeting of the Assembly, which will not be, without special Orders, untill the last Day of May. When the Session is GOVERNOR BERNARD TO THE EARL OF HILLSBOROUGH( ?) private Boston Jan 26 1769 — My Lord I have the highest Sense of the Honor your Lordship has done me by your private Letter of Nov 19'^ & your kind Assurances of your favorable Disposi- tion towards me. The Regret of the Disappointment of your former Intention, was little more than momentary, & soon gave Way to the Calls of my Duty at that critical Time. I am extremely obliged to your Lordship for your Offer of freeing me from the Expence of a Baronets Patent, if his Majesty should confer it upon me. This was not a principal Objection with me tho it had some Weight : for since I have been in America now in the 11"* Year, I have made very little Advancement in my Estate, & for near 4 Years past I have gone backwards This your Lordship will easily beleive when I assure you that my Income for some Years past has not exceeded 1,000 Guineas a Year, and I am the first Man in a great Capital. I have no Appetite of Honors, but as they are public Testimonials of the King's Approbation of the Conduct of his Servants. In this Sense they are allways desirable, & at some Times for the rest of this Letter see the State letters [This is the way the letter ends.) I90 BARRINGTON-BERNARD CORRESPONDENCE over, if Things are tolerably quiet & I have no particular Commands to execute, I should be glad to go to England so as to arrive there before Winter sets in. But if the Kings Service shall require my staying here I shall chearfully comply. Your Lordship is pleased to signify your Approbation of my Conduct : it is generally allowed that my spirited Message to the Convention contributed greatly to the preventing vio- lent Measures. My Friends here say that it was the boldest Act I have ever yet done ; & indeed I knew if their Delibera- tions has taken another Turn I was to have been seized; & whether my Life would have been spared or not would have been determined by very wicked Men. But it was quite necessary to the Kings Service ; & I did not ballance about the Consequences. My Friend M"" Temple as your Lordship has been pleased to call him some Time ago, has got Business enough upon his Hands now, not to need to quarrel with me. The Dis- putes between him & the other 4 Commissioners, which began soon after they arrived here & have improved with their knowledge of him have now got to such a head, that it is de- clared on both Sides that they cannot continue together: that is that the 4 Commissioners who have endeavoured to support their Commission & the Laws by which & for which it was constituted & have acted therein in Concurrence with & with the Advice & Approbation of all the Officers of the Crown, except M"^ Temple himself, must either be removed to keep M' Temple ; or the latter associated with the Party in Opposition to the Government & the Power of Parliament, & cooperating with them in endeavouring to prevent the Execution of the Commission & to oblige the Ministry & Parli"* to revoke it, & thereby restore the Inactivity of the Laws of Trade which prevailed before this Appointment, THE CONVENTION 191 must be removed, that the Commissioners may go on with the Execution of their Office without Obstruction. This is just as if a Question was put whether M' Hutchinson or M' Otis was the fittest Person to be Governor of this Province : The Contrast is not greater in the former Case. I have bore no Part in this Dispute, except from the Effects it had upon my own Business, as it has been the Cheif Occasion of all the Opposition I have met with from the Council within these 6 Months past : but I have not as yet assigned this Cause for it. As I have entered so far into this Business, your Lordship will use this Information with all due Caution & Secrecy. I am &c The Right honble The Lord Vise* Barrington LORD BARRINGTON TO GOVERNOR BERNARD ^ Cav: Square Ap. 5. 1769. Dear Sir, Since my former Letter began in March & herewith in- closed, I have reced your's dated feb. 20^'' I am happy to find by it that you wish to have the honour which has been confer'd upon you. I can also give you the pleasure of know- ing that last Sunday the King spoke with the highest Ap- probation of your conduct & Services in his Closet to me. I am persuaded any proposal you shall ^ make for the advan- tage of your family will be kindly consider'd by his Majesty and his Servants. I shall make the proper use of the Particulars 1 "Bernard Papers," vol. xii (Correspondence), p. 81. 2 First written "can." 192 BARRINGTON-BERNARD CORRESPONDENCE you send me concerning M^ Temple. I am in great haste the Packett being to be dispatch'd this Evening but I am not with less truth Dear Sir Your Excellencys Your Patent most faithful & is passed. obed. humble Serv. I understand you are Barrington. directed to come hither, but Lord Hillsborough authorises me to say you need not be in any inconvenient haste to obey that instruction.^ 1 The " Leave of Absence " is in " Bernard Papers," vol. xiii (Orders and Instructions), p. 243, and is as follows : — George R. Whereas Our Trusty and Welbeloved Francis Bernard, Esquire, Our Cap- tain General and Governor in Chief of Our Province of the Massachuset's Bay, in America, hath humbly represented unto Us, that his private Ailairs may require his Residence for some Time in this Our Kingdom, and therefore hath humbly requested that We would be pleased to grant him a discretionary Leave to be absent from his Government, and to permit him to return into this Our Kingdom of Great Britain ; We are graciously pleased to condescend to his Request, and accordingly do, by these Presents, give and grant unto him the said Francis Bernard, Our full and free Leave, Licence and Permission, to come from his said Government of the Massachuset's Bay into this Our Kingdom and to remain here until Our further Pleasure shall be signified. Given at Our Court at S: James's the Twenty second Day of June 1768. in the Eighth Year of Our Reign. By His Majesty's Command Hillsborough Gov' Bernard Leave of Absence. JONATHAN CARVER 193 GOVERNOR BERNARD TO THE EARL OF HILLSBOROUGH' Boston Feb: 21 1769 My Lord Capt° Jonathan Carver commanded a Company in the Massachusets Forces during the whole of the late War; & behaved extremely well as has been certified to me by General Winslow Brigadeer Ruggles & other Officers under whom he served. After the War he accepted of an Offer from Major Rogers to appoint him a Surveyor of the Country about & beyond the Lakes at the Pay of 10^ a Day, & went with him to Machilimakinac. From thence he went upon his Survey & staid out among differant Nations near two Years. He went 500 Miles beyond Lake superior, & came among Indians who said that they had an easy Passage to the western Ocean, which was about 600 Miles from them; & that in a few Days Journey they came to a River which carried them to the western Ocean. But he could not un- dertake this Journey having spent all his Stores & having Nothing left for Presents to the Indians thro' which he was to pass. I write this from Memory of former Conversation & may mistake. Upon his Return to Mackilimackinac he learned that Major Rogers's Power to make such an Ap- pointment was denied, & there was no Office to which he could apply to for his Pay. He was therefore obliged to return to this Country to sollicit his Pay; which not being able to pro- cure here he is going to England, as well to solhcit Pay as to Report his Discoveries. As it is probable that his Case will come before your Lord- » "Bernard Papers," vol. vii (Letter Book), p. 138. Although this letter was written to the Earl of Hillsborough, it will be seen by the next letter that a duplicate was sent to Lord Barrington. 194 BARRINGTON-BERNARD CORRESPONDENCE ship's Office, I have thought proper to give him this Letter to certify my Knowledge of him & Opinion of his FideHty & honesty, & also Poverty acquired in many Years Service. The R* Hon ble The I am &c Earl of Hillsborough — GOVERNOR BERNARD TO LORD BARRINGTON^ Boston Feb 21 1769 My Lord Capt° Jonathan Carver — & so forth as in the former Letter except the Words underlined omitted in Lord H's The R* Honble The I am &c Lord Vise* Barrington GOVERNOR BERNARD TO LORD BARRINGTON 2 Dup. Boston March 15 1769 My Lord By a Letter from a Gentleman in London to his Friend here I have learnt that my Lord Hillsborough has expressed a Concern at some disagreeable Reports of me ; one only of which I have any Knowledge of, which is that I left the Town on the Arrival of the Troops. And by another Letter I understand that this Complaint has been made against me by L* Celonell Dalrymple who commanded the Forces from Halifax. If I had not lived long enough to wonder at Nothing, I should be surprised to find myself charged with so groundless an Accusation from one who as a private Gentleman I treated with the most friendly Regard ; and as a commanding Officer 1 "Bernard Papers," vol. vii (Letter Book), p. 139. ^Ibid., p. 267. U COLONEL DALRYMPLE 195 I waited upon with a Sedulity more inforced by my Attention to the Kings Service than reconcileable to the Dignity of my own Station. Tho I might leave such a trivial Charge to be refuted by my general Conduct ; yet least it should have made an Impression to my Disadvantage, I have thought proper to give your Lordship a true state of the Fact. When I am charged with leaving the Town on the Arrival of the Troops, would not any one imagine that the Town ^ was then the Place of my Residence ? But the Truth is that I at that Time & for several Months before resided at my House at Roxbury, 4 Miles from Boston, a Retreat so neces- sary for preserving my Health & affording me Leisure for writing, that I could not have gone thro my Business without it. From hence I have, during the Summer, attended my Business in Town with as much Punctuality as I could have done if I had resided in it. When the Troops were expected I had left Orders at the Castle that a Messenger should be sent to me as soon as the Ships appeared. This was so punctually executed, that I was at the Castle before the Ships had all come to Anchor & above an Hour before the commanding Officers got to the Castle — From this Day to the Time that the Troops landed I was at the Castle every Morning before 10 o clock & staid there till afternoon or Evening as I was wanted At one of our Con- sultations there it was determined to land the Troops at Boston : immediately after this Resolution was taken I went to the Sherriff of the County & gave him Orders to provide Horses & Carriages for the Baggage & Artillery which was punctually done. After Provision was made for every thing requireable of the civil Power, & the Sherrifif of the County was ordered to wait on these Gentlemen I did not imagine that ' First written "Place." 196 BARRINGTON-BERNARD CORRESPONDENCE the personal Attendance of the Governor was either necessary or decent. Your Lordship must know that at the Time of the landing there was not the least Apprehension of Resistance, as a Proof of which the commanding Officer went into the Town an hour before any Body of Troops landed. Every thing was done in good Order & all Provisions which could be expected were made. I was therefore at a Loss to know how I came to be blamed for not attending this Parade ; till I learned it was thought that I ought to have provided a Dinner for the Officers upon this Occasion. I own it never entered into my Head to make an Entertainment at a Time of so much Hurry & Confusion : I could not have done it at my own House; & I could not think it proper for me to open a Tavern upon this Occasion : And this is my only Neglect of Duty. This my Lord is the plain Narrative of Facts, upon which I shall make no Comment : But I shall only desire that if there is any Remembrance of this Charge to my Disadvantage, Your Lordship will use this Letter to my Vindication; if there is not, that you will excuse this Trouble. . I am &c The R^ Honble The Lord Viscount Barrington No dup P.S. I enclose Copies of the letters which passed between me & L*^ Col Dalrymple before & after the Debarkation ; from which it will appear that at the time when my Absence from Town was complained of I really was in Town & made an order for the accommodation of the troop, being all I could then do ; and the day after, I was in Town & in Council upon this business. My attending in person the debarkation was not only unnecessary but highly improper. IMPOTENCY OF GOVERNMENT 197 GOVERNOR BERNARD TO LORD BARRINGTONi Dup: Boston March 18, 1769 My Lord I am favoured with Your Lordship's Letter of Jan 2°"^; and am much obliged to you for the Hints it has conveyed of the Measures pursuing in Parliament, from which I know not how to expect that effectual Means will be used to restore the Kings Authority in this Province. I am sure that the Conclusion of the Address of the Lords will have no such Effect : for a simple Order to me to make Enquiry into the Proceedings, which have incurred the Penalties of Treason or Misprision of Treason, will have no other Consequence that to show the Impotency of Government; unless I am armed with some extraordinary Power to oblige Persons, whom I shall require to undergo an Examination, to submit to it. But I have no such Power at present; otherwise I should have exercised it long ago. And if I was to call before me, even by special Orders from the King, ever so many Persons knowing of the seditious & treasonable Practices of the Fac- tion here, & was to beg Leave to ask them a few Questions, I should be answered, as it is said the Secretaries of State were by Wilkes, "You have leave to ask as many Questions as you please, but I beg leave to give no Answer to any of them." In short, my Lord, this Government is now brought to this State, that if the Cheifs of the Faction are not punished or at least so far censured as to be disqualified from holding Offices; if the Appointment of the Council is not put into the Hands of the King; if the Governor & principal Crown Ofl&cers are not provided with adequate Salaries independent * "Bernard Papers," vol. vii (Letter Book), p. 263. 198 BARRINGTON-BERNARD CORRESPONDENCE of the People, It signifies little who is Governor, Whoever he is, he must either live in perpetual Contention in vainly endeavouring to support the royal Rights, or he must pur- chase Peace by a prudential Sacrifice of them. If any one by a Comparison of former Times should doubt of this being a true State of the present, let him consider that untill the 4 or 5 Years last past, the Power of Parliament was thought omnipotent, the Authority of the King was revered, the Governor & the Council his Assistants were respected, & the People in whom, by the Constitution, the cheif Weight of Power was lodged, were kept in awe by the Consideration that the Abuse of their Charter priviledges might occasion the Forfeiture of them. But for these 4 Years past so uniform a System of bringing all Power into the Hands of the People has been prosecuted without Interruption & with such Success, that all that Fear Reverence, Respect & Awe which before formed a tolerable Ballance against the real Power of the People, are annihilated & the artificial Weights being removed, the royal Scale mounts up & kicks the Beam. And I do assure your Lordship if I was to answer to his Majesty himself on this Subject, I would give it as my Opinion that if He cannot secure to himself the Appointment of the Council, it is not worth while to keep that of the Governor. For it would be better that Mass Bay should be a complete Republic like Connecticut than to remain with so few Ingredients of royalty in it as shall be insufficient to maintain the real royal Character. For my own Part I have gone too far, to think now of purchasing my Peace by giving up what I have thought my Duty to maintain ; even if I could be permitted to do it with- out being blamed. And as M' Townsends Acts, among which is that of Providing adequate Pay for the Governors &c, are condemned, altho' the Execution of the Sentence is ANOTHER GOVERNMENT 199 respected, I can form no Prospect in this Country ; notwith- standing from my liking the Climate & loving the People I had formed Connections here, in parting with which I shall have some Loss, as well as pain. It is therefore extremely agreeable to me to see your Lordship's Concern to get me re- moved to some other Government or a Provision at Home : tho I have no Hopes of the latter, as I am sensible how many Expectants there are for every Vacancy that happens. It is a long Time since I first mentioned my Desire of having Barbadoes. In my Letter of Sep : i. 1766 to your Lordship I mention the Governments then vacant & having declined Jamaica & the leeward Islands I add that I should most thankfully accept Barbadoes. In Jan'^^ 1767 I was advised by M' Jackson that I might very possibly change my Govern- ment if I wished for it. In Answer to this I informed him of what I had wrote to your Lordship on this Subject, & desired him to talk with You upon it ; & I accepted his Offer of rep- resenting my Case to Lord Shelburne. And I wrote to your Lordship informing you of what passed between me & M' Jackson by my Letter of Jan"^ 20. About a Year after this D' Spry was appointed to Barbadoes : I cant say but that I was mortified at this ; & thought my Services & Sufferings much overlooked in seeing myself postponed to a Gentleman whose public Merit seemed to consist in his having lived 2 Years in a disagreeable Place with little to do & nothing to suffer or to fear. This is the State of my thoughts on Bar- badoes concerning which my Opinion is not changed. For tho I would avoid a hot Climate in general Yet I have had such favorable Accounts of the temperature of this Island, that I would venture upon it; especially as all other Considera- tions make the Appointment very desirable. M'^ Bernard joins with me in these Sentiments, as she does in that per- 20O BARRINGTON-BERNARD CORRESPONDENCE petual Respect & Gratitude which I have so frequent Occasion to express for your Lordship : with which I am My Lord &c. The Right Honble The Lord Viscount Barrington — GOVERNOR BERNARD TO LORD BARRINGTON ^ Boston April 12 1769 My Lord Your Lordship has foreseen the Necessity of my being removed from hence : it is become very apparent ; for we have just now learned that any one who will pay for them may have Copies of the Letters & Papers laid before the Parliament. There are just now arrived 6 of my Letters & I of General Gage's attested by the Clerk of the Papers ; & M' BoUan who has sent them hither promises the rest as soon as they can be copied. The Councellors to whom they were sent immediately met, & ordered these Papers to be printed; but the Publication of them is deferred untill Ob- servations can be finished to accompany them, which a Gentle- man has been hard at Work upon & will have completed in a Day or two. They are then to be sent about the Province in order to inflame the People against the Election in May next, which they will effectually do. In the Mean time they have been read by the whole Town at the Printers. This puts an End to all my Hopes of doing any good here & necessarily turns all my future Views out of this Province. For it is impossible for a Governor who has been engaged in such Contests as I have been, & has as well by special Orders as by his own Sense of His Duty, given free & full Information of the Proceedings of the factious Party, to think of staying ^ "Bernard Papers," vol. vii (Letter Book), p. 278. This letter was headed "Private," but later it was crossed off. HIS LETTERS PUBLISHED 201 in the Province, after his most confidential Letters are put in the Hands of the Faction and printed & dispersed among the People. For tho the Letters may be very justifiable with indifferent & impartial Persons, yet it cannot be expected that they will be treated with any Degree of Candour by those whom they affect. I have thought proper to give your Lordship this Account that you may see that the Question of providing for me else- where is determined. I have before signified my Thoughts of going to England after I have held the next Session : but it is now made a Question whether I shall be able to hold the next Session at All ; ^ Some of the Council having insinuated that I shall not. However I shall make the Trial ; & shall do every thing I can to defeat the Intention of the Councellors & to weather this fresh Storm. As soon as these Papers are published I will write to your Lordship again. The R* Honble The I am &c Lord Visc*^ Barrington. LORD BARRINGTON TO GOVERNOR BERNARD 2 Cavendish Square June 4'?* 1769 Dear Sir, I have communicated to Lord Hillsborough your Letter of the 1$^]" of March concerning a Complaint made by Colonel Dalrymple, whose representations have done you no harm except among those who were before very ill inclined towards you. His Lordship is not one of this number, and agrees with me that your whole conduct in respect to the Troops has been not only innocent, but highly meritorious. Whoever had a doubt before, must be clear in respect to that ' Followed by "or no," then crossed off. * "Bernard Papers," vol. xii (Correspondence), p. 99. 202 BARRINGTON-BERNARD CORRESPONDENCE matter after reading your Letter which I am now answering, and the Papers by which it is accompany'd. I have also shewn to Lord Hillsborough your Letter of the iS'^f' the opinions of which he entirely approves. As to that part of it which concerns your self, he would most undoubtedly offer you Barbadoes if it were vacant. I have never forgotten your determination concerning that Government; but as I never lived in any sort of intimacy with Lord Shelburne I did not mention it to him : You have lost nothing by my Silence. I am now come to your Letter of the i2^^ of April the last I have received from you. When it became necessary to Communicate the Situation of America to ParUament, none of the material lights received from thence could be retain 'd, I mean those which came in an ofl&cial Way. Every Paper laid before either House is immediately known to the whole world, a very inconvenient Circumstance in our Government: I do not however see how the knowlege of your Correspond- ence can do you any harm in the Massachusets, for there is not one expression in it which goes injuriously to the Colony, quite otherwise. It is true you do not spare the factions, and it is your merit to have attack'd and resisted them in every possible way, by which you were as obnoxtious to them before your Letters were seen, as since : Besides you are on the point of leaving your Government, and I have even doubts whether this Letter will reach you. I shall not write any more unless I find you continue on the other side of the Water longer than I expect. I wish you. Lady Bernard and all my Cousins a safe & happy passage, and I am to them all as well as to your Excellency, A most faithful & obedient humble Servant Barrington. POLITICS 203 GOVERNOR BERNARD TO LORD BARRINGTON^ Boston May 30*'' 1769 My Lord Your Lordships Letter of feb 12-March i did not come to my hands till May 20. Your Sentiments of the Proceedings in Parliament exactly correspond with those of the Servants of the Crown & the Friends of Government on this Side of the Water; who are now more dispirited that ever; as on the other hand the Sons of Liberty are much more elevated. However I myself have Hopes that some thing more will be done before the Parliament rises : if there is not, this Govern- ment will soon become an anarchical Democracy; a strange Compound of Policy ! Tomorrow the new Assembly meets, which will be allmost wholly composed of the Tools of the Faction. Many of the Friends of Government have ^ been turned out ; Many have declined serving ; the few who will be ^ in the House will be only Spectators. So that the Faction will have every thing in their hands. As to the Council if I was to attempt to reform that Body by Negatives, I must reject two thirds of them : but this is become now so trifling an Expedient, that I would not negative a single Person, if I was not afraid of incurring Blame by so doing. What I shall do in this will now be more as a Salvo for myself than for any real Use. That Board must now be corrected in its Body & not in its Members. I have lately received an Order from the King that I should repair to England to lay before him a State of the Province : this is much better that meer Leave of Absence. It was accom- ^ "Bernard Papers," vol. vii (Letter Book), p. 293. 2 First written "having." ^ First written "have been," then changed to "will be." 204 BARRINGTON-BERNARD CORRESPONDENCE panied with the Honour, which I suppose was thus timed to prevent any triumph from Insinuation that I was removed in Disgrace. As I persuaded myself that it would be ex- pected I should stay the Opening of the Session, I was not prepared to depart before it; & it seems to be best that I should stay thro' it, disagreeable as the Business is like to be. When that is over I shall get away as fast as I can prob- ably by the End of July. I expect to be accommodated with a Passage in the Rippon which carried Lord Botetourt to Virginia. Lady Bernard stays behind me : she begs to join in our ^ respectful CompP^ to Your Lordship. I am with &c. The R* Honble The L*^ Visc^ Barrington P S. June. I'* By the Delay of this Letter I have an Opportunity to send your Lordship a printed Account of the Proceedings in the General Court on yesterday & this day ; from which you will perceive that the Faction has now got full Possession of this Government. They have turned out of the Council 4 Gentle- men of the first Characters, the only Men of Disposition & Ability to serve the Crown left in it. I have negatived 11 of the List of the Elected, being 5 more than I ever negatived before at one time; among these are 2 old Councellors the cheif Movers of the late Opposition to the Kings Authority from the Council. All things are going into Confusion; & it will grow worse & worse untill the ParUament interposes to Purpose. F. B. (Second Postcript to the Duplicate of the Letter to Lord Barrington 2 dated May 30, 1769) * First written "her." * "Bernard Papers," vol. vii (Letter Book), p. 299. TEE ASSEMBLY 205 2nd postcript June 27 To the present enclosed Duplicate I add an original Post- cript to introduce some more Inclosures to show in what Manner the Faction, which has at length got Possession of both Houses, is disposed to proceed. They have before refused to do Business at Boston, unless the Troops were removed: I have thereupon moved the Assembly to Cam- bridge at 4 Miles distance from the Troops : they now say that they will not do any Business unless all the Troops are removed from the Province; this I mean to be said without Doors; when they declare it from the House in form I shall know what to do. However every one tells me they will persist in it : all I shall have to do will be to get a positive Declaration from them. And yet if the Troops are removed the principal Officers of the Crown, the friends of Govern- ment, & the importers of goods from England in defiance of the Combination, who are considerable & numerous must remove also. I shall write to Your Lordship further upon this. GOVERNOR BERNARD TO LORD BARRINGTONi Boston July 8 1769 My Lord I had but just time in my last Packet to acknowledge ^ your Lordship's Letter of March 21-April i. Since this no Ship has sailed from hence to London; & I have been fully employed as your Lordship will see by the inclosed papers. If there has been a Difference of Opinion in the Adminis- tration about American Measures, as we learn by wofull Experience there has, It cannot continue a Year longer; * "Bernard Papers," vol. viii (Letter Book), p. i. ' First followed by "the Receipt of," then crossed off. 2o6 BARRINGTON-BERNARD CORRESPONDENCE for the Americans will make them open their Eyes in Spight of their Teeth, & tell them in Words of Scripture "you are careful about many Things but one Thing is needful." There is but one Way now of dealing with America : Lenitives have brought the Disease to its present Height & will if continued make it incurable. A Member of Parhament (a friend of your Lordships & a protestee against the late inactive Proceedings) writes to his friends here, that he does not see that any thing will rouse the Government, but the Americans attacking the Naviga- tion Act. If that is wanting it will not be so long : for I can assure you the Navigation Act is a principal Object with them. Some Months ago one of the Cheifs of the Faction here said in a Company consisting cheifly of his own Party, that things would never be properly settled in America till the Parliament had repealed all the Acts affecting the Ameri- can Trade from the i$^^ of Charles 2 to the present time. This I took down from a Gentleman who heard it spoke; & you may tell it to M' Stanley as a Fact. Your Lordship will judge of the temper & disposition of the Faction & its Creatures who are no less than the whole Council & the whole House (excepting some few Members of the latter who never come near it) from the Papers I send you with this, which are a Continuation of the Papers pub- lished by the House. I have no time to animadvert upon these; but must observe that upon the Pubhcation of the Resolves on July 3, The Speaker denied that those Resolves had all passed the House; The Clerk of the House insisted that they had passed the House ; & that it was a true Copy. However the House has again taken them into Re-Considera- tion, & has, as I understand, quahfied the second, in this Edition, so that it shall refer to Acts of Taxation only, whereas MUTINY ACT 207 at present it extends to all Acts ^ whatsoever. But this is only procrastinating: for both their Arguments and their Intentions lead equally to all Acts of Parliament. Your Lordship judges right of the Efficacy of the Additional Clauses in the Mutiny Act : they will have no Effect in this Country. I am assured for certain, that the House will make no Provision for the Expence of hiring Barracks here, nor for the Parliamentary Provisions in such Barracks; neither will they provide any Funds for making any farther Provisions for the Troops in the Provincial Barracks at Castle Island. I expect to be able to inclose in the Cover of this an Account of a positive Refusal of this Demand : So that you must not depend upon the Mutiny Act for quartering Sol- diers in this Country. The inlosed Papers will show you what you have to expect : but that is of another Kind than Obedi- ence to Acts of Parliament. — I expect to have an Oppor- tunity of adding another short Letter to this ; so will conclude this with assuring you that I am with a most perfect Respect My Lord &c — The R Honble The L Visc*^ Barrington GOVERNOR BERNARD TO LORD BARRINGTON 2 Boston July 13 1769 My Loed I have not been able as yet to get from the House an Answer concerning Provision for the Troops : but it is certain they will refuse doing any thing at all under the Act of Parhament or otherwise. I here inclose to your Lordship a complete Set of the Papers published by the House during this Session 1 Followed by "of Taxation," then crossed oflf. 2 "Bernard Papers," vol. viii (Letter Book), p. 3. 2o8 BARRINGTON-BERNARD CORRESPONDENCE & shall ^ add what is to come. As for that Resolve concern- ing Acts of Parliament which was afterwards altered by the House, You will find the Substance of the original Resolve in allmost the same Words in their Message of June 13 : this has received no Alteration. The Rippon is just now come into the Harbour & I expect to embark in her by the End of this Month. I am &c The Rt Honble The L*^ Vise* Barrington LORD BARRINGTON TO SIR FRANCIS BERNARD 2 Beckett September the 7*1" 1769. Dear Sir, I most sincerely congratulate you on your safe arrival in England, and think my self very unfortunate in being here, at a time when perhaps you may want me in London. I am obliged to stay here till Monday, having my house full of Company who continue with me till then : On tuesday before dinner I shall be in London, and hope to get to the War ofl&ce by two o'clock, it being my ofi&ce day: I will endeavour to wait on you in Chidleigh Court as I go thither, and shall be able to fix a time when we may have a great deal of Con- versation on many Subjects. I hope you left Lady Bernard & my Cousins in perfect health. I am with great truth & regard Dear Sir Your most obedient humble Servant Barrington. * Followed by "have the Pleasure," then crossed off. '"Bernard Papers," vol. xii (Correspondence), p. 131. IN ENGLAND 209 LORD BARRINGTON TO SIR FRANCIS BERNARD 1 Beckett Oct^ 12. 1769. Dear Sir, I have been considering that the admirable Canoe you were so good as to give me will be useless here. Nobody can navi- gate it or will venture to go into it. If it receive damage nobody can mend it, & I have no place to put it in. On the whole therefore, after retuning you many thanks for so curious & valuable a present, let me beg of you to give it to some other friend. It is still at my house in Cavendish Square. I cannot write to you without making you many sincere acknowlegments for your kind visit here. I am with my Compliments to my Cousin P. S. Dear Sir If you are at a loss Your most faithful how to bestow the Canoe, & obedient humble Servant Cap. Barrington shall present it in Barrington. your name to the Duke of Cumberland. LORD BARRINGTON TO SIR FRANCIS BERNARD 2 Beckett Oct^ 18*?" 1769. Dear Sir, I can see no Publick objection to your Succeeding Sir Henry Moor ; on the contrary I think it elegible : But would the assembly of New York grant you a Salary in your present state of American unpopularity? That point once secured, I think you should propose your appointment to Lord Hills- borough the first time you see him ; telling him if you think proper that I have advised you so to do. However in my Opinion nothing should retard the grant of your pension, * "Bernard Papers," vol. xii (Correspondence), p. 151. ^Ibid., p. 153. 2IO BARRINGTON-BERNARD CORRESPONDENCE which once obtaind you may talk of other matters more at your ease ; besides you should be paid here from the moment when your Salary ended at Boston. I shall be in London the 30*^ of this month, I am with great truth and esteem Dear Sir Your most faithful All here send Comp? humble Servant to you and my Cousin. Bakrington. LORD BARRINGTON TO SIR FRANCIS BERNARD 1 Cavendish Square 30*^ Nov^ 1771. Dear Sir, Tho' it is impossible to hear of the death of M"^ Beresford without lamenting the loss of so excellent a Woman, I cannot help rejoicLig at the considerable addition made to your Fortune : I know you will make the best use of it. I con- gratulate two of my Cousins on the handseme Legacy which has been left to them ; & their Sisters on the paternal Settlement which you are going to make in their favor. I am very sensible of your friendly attention in communicating this event to me. The unexpected Vote lately carried in the House of Com- mons in Ireland by a large Majority, I conceive will prevent the New Commission's taking place, or at least Suspend its operations; A circumstance which in all probability will be convenient to You, as M^- Beresford's death must be the occasion of a good deal of business, which could not be well done in your absence. I am, with my best compliments to all with you, Dear Sir Your most faithful & Obedient humble Servant Barrington. » "Bernard Papers," vol. xii (Correspondence), p. 235. IN ENGLAND 211 LORD BARRINGTON TO SIR FRANCIS BERNARD ^ Cavendish Squaee Jan: 7. 1772 Dear Sir, Since my arrival in Town, I have seen Lord North who desires me to inform you with his Compliments, that it will not be expected that you should do any thing contrary to your inclinations or hurtful to your health. I do not beleive it is determin'd that the Irish Commissions of Revennue shall be establish 'd, but if they should be you will be willingly allow 'd to remain as you now are. I know one of your objects in going to Ireland was to pro- vide for my cousin Tom : There is now vacant a small office in my recommendation, which after paying a deputy will I beleive produce a sine cure 6o£ per annum. If that trifiie be agreable to you, and to him, it is at your service. It be- comes vacant by the death of my worthy and ingenious friend M^ Stillingfleet for whom I promised it some years ago. I hope your health continues mending & I am with the greatest truth & regard Dear Sir Most faithfully yours Barrington My Comp^ attend my Cousins. LORD BARRINGTON TO SIR FRANCIS BERNARD 2 _ ^ Cavendish Square Tan 2Q*^ 1772. Dear Sir, •' ^- " Hearing that the Commissions of Customs and Excise in Ireland were to take place, I went this morning to Lord North, and enquired whether your name stood in one of them. He said it did for the present ; but that your attend- 1 " Bernard Papers," vol. xii (Correspondence), p. 243. "^Ibid., p. 245. 212 BARRINGTON-BERNARD CORRESPONDENCE ance was not required now, and that if you chose on the whole to decline that Service on Account of your health, you should remain with your pension, and a Succeessor should be ap- pointed: Your mind may therefore be perfectly at ease on this Subject. I hope Bath has done you service already and will per- fectly restore you soon. Pray let me hear frequently of your health & beleive me ever, D*^ Sir P. S Most faithfully yours My Cousin Tom is appointed, Barexngton but he need not come to Town on that Ace* SIR FRANCIS BERNARD TO LORD BARRINGTON (?) ^ Bath Feb i- 1772 My Lord / 1 received the favor of yours of the 2(f' & am extremely obliged to your Lordship for your ^ concern for me. / I did not immagine if it was proper for the Irish Business to go on immediately that it would be ^ be Stoppeded on account of altering my name in the Commission as that might occasion a great deal of delay which might be all saved hereafter with a very little trouble. I am much obHged to my Lord North for allowing me a further time to consider of this undertak- ing tho I dont think that it can make any alteration in my desire to retire — this attack has quite frightened me & I cannot in my own Mind realize the expectation every body gives me that I shall not be the worse for it. however as long as the public business is not impeded by me I am very will- ing that the matter should rest till I am able to apologize ' "Bernard Papers," vol. viii (Letter Book), p. i8o. 2 Followed by "care of &," then crossed out. » First written "& it cou'd," then changed to "that it would be." ILLNESS 213 myself for this disappointment if it must be one, so that it it be done without creating any dependance on me to serve in this Capacity, the waiting for this cannot make ^ a delay of more than 2 or 3 Months. I began drinking the Waters last Monday & they agree very well with me, but yesterday I got a little Cold & I must wait the event of that before I can go on with them — mine I find is a common case & will probably be remedied without Bathing. My Son was expected at Kensington on Thursday last & will wait on your Lordship Soon after his Arrival. Lady B. talks of setting out for Bath soon after her arrives & I hope she will make no unnecessary delay, for it is unpleasant to me to be separated from my Family at this time only my eldest Daughter being with me. I return Your Lordship many thanks for your kind care of me & am With great Respect My Lord Your Lordships 2 most obedient humble Servant 1 First written " create." ^ Followed by "faithful & obedient Serv*," then changed to "most obedient humble Servant." 214 BARRINGTON -BERNARD CORRESPONDENCE LORD BARRINGTON TO SIR FRANCIS BERNARD » Cavendish Square March lo. 1772. Dear Sir, Tho' I frequently meet Lord North I had no good oppertu- nity of speaking to him about you till this day. He will replace you in the Pension when a proper person is found to succeed you in the Irish Employment, but for the present your name must continue in the Commission, & you will be paid as a Commissioner. He says you need not however give your self the least concern about Ireland : No Man can be more inclined to serve and obUge another than Lord North is with respect to you. I shall keep an Ensigncy in a good Reg* for my Cousin and namesake who may go with you to France if you desire it. Dijon is a pL etty Town in a fine Country, but I do not believe the Air (tho' good) is any thing extraordinary in Burgundy. I hope wherever you are that your health will perfectly re- turn, & that you will enjoy every comfort of Life. I am ever D, Sir Your most faithful humble Serv* BARRINGTON. LORD BARRINGTON TO SIR FRANCIS BERNARD 2 Cavendish Square 20*^ March 1772, Dear Sir, I agree entirely in opinion with you that you ought to have a Letter from Lord North, securing your return to the Pension whenever you shall be removed from the Commission. I see no objection to your applying in the manner you propose ^ "Bernard Papers," vol. xii (Correspondence), p. 247. 2 mj,,^ p. 251. PENSION 215 for your continuing on the Pension for Six months longer. I saw your Son this morning, but I could not give him any intelligence concerning the manner or place of receiving the Irish Salary : but I apprehend you must appoint an Agent in that Kingdom. I am with my best compliments to Lady Bernard, & my Cousins Dear Sir Your most faithful & obedient humble Servant Barrington LORD BARRINGTON TO SIR FRANCIS BERNARD ^ Cavendish Square April 13*?" 1772. Dear Sir, I always go to Beckett at Easter for a few days to settle Accounts do business &c, but I never encourage any of my friends at that time to call on me, as I am totally incapable of receiving then, even with tollerable convenience. I have no Servants but my old superannuated Housekeeper, who gets me a beefstake ; and the House remains unfurnish'd as every thing is taken down at the beginning of the winter on account of the Damp. That Damp still continues, & I fear would make it dangerous for a convalescent. On these Accounts I must not wish to see you at Beckett till the Summer comes & my family goes down — I shall then receive you and any of my Cousins with the greatest pleasure. If however you want to see me now, I will receive you as well as I am able, any Day between Easter Sunday & the Thursday following, unless I should be suddenly calld away on account of Insurrections from the dearness of Provisions, * "Bernard Papers," vol. xii (Correspondence), p. 257. 2i6 BARRINGTON-BERNARD CORRESPONDENCE which have begiin, & I fear will spread. Your best way from Bath is by Ciceter and Faringdon. If you come, be pleased to let me know the day by a Line directed to me at Beckett near Faringdon, by the Cross Post. I hope you are in a fair way to be soon perfectly well, and I am with the greatest truth & regard D"^ Sir Your most faithful & obed Servant Barrington. Cav : Square April 13. 1772. LORD BARRINGTON TO SIR FRANCIS BERNARD 1 Beckett April 23^ 1772 Dear Sir, Last night I received your Letter of the 19*^?* Instant enclosing a Copy of a Letter from you to Lord North, which to me seems proper and reasonable in the highest degree: What you ask you ought to claim, & he ought to grant. I am very glad you did not come hither : The roads are worse than I ever remember them, the Country more deep and dirty, the weather till to day bad, and the House damp. I hope you and my Cousins will think of this place when it is more fit to receive you. I am ever D' Sir Your most faithful hiunble Servant P. S. Barrington. Your next sh? be directed to London. ^ "Bernard Papers," vol. xii (Correspondence), p. 253. PENSION 217 SIR FRANCIS BERNARD TO LORD BARRINGTONi Copy — Aylesbury Jan 4 1774. My Lord, Your Lordship gave me Leave to trouble you again upon my Subject, to point out to you the great need there is of settling my Affairs at the Treasury, and to show how much I am affected by the delay of it. And I have had fresh Occa- sion to do this since I left London, having had Returns of my Disorder, tho' not quite in the same Shape. Having had an Opportunity of talking with D'' Smith of Oxford, who has before been acquainted with my Case, He earnestly recom- mended a change of Chmate, which he said would do me more Service than the whole class of Medicines, and proposed my going to the South of France, to Tours or Dijon &c. This would be extreamely agreeable to me, and I believe very bene- ficial in other Respects as well as that of Health. Your Lordship may remember that when I wrote to you from Bath in feby 72, I then mentioned my having this De- sign, and I then solUcited my being released from my Office in Ireland and restored to my Pension, as the means to enable me to carry this Purpose into Execution. But by the Delay of my Release, I was obliged to postpone my Journey to France and at length to lay it aside and flatter myself with the hopes of doing without it; till I at length am told that it is necessary to the Recovery of my health, and should be pursued presently ; which I must now do under greater difl&- culties and to greater Disadvantages than it would have been if it had been set about when it first was proposed; to say nothing of the Loss of Time, which in this case is a material Circumstance. 1 "Bernard Papers," vol. xii (Correspondence), p. 289. 2i8 BARRINGTON-BERNARD CORRESPONDENCE To facilitate your Lordship's Sollicitation and to refresh your Memory of what I have before given you too much trouble in, I shall with this inclose Copies of the cheif original Papers, which I have before presented ; which, if the Origi- nals should not be at hand, may be used as such. I have proposed only, that your Lordship should speak to M*" Robin- son on this Subject ; if you should see an Occasion to go farther, I must leave it to your Judgement, as I have no doubt of your perfect good will towards me. The Objects of my present Sollicitation are i. That I may be restored to my Pensions with a Satisfaction for the Loss I have suffered by the Deficiency of the Equivalent given in Lieu of them. 2. That upon the Revival of them, part, £400 (or if it should be more agreeable ^ 300 or ^ 200) shall be appointed for the Life of Lady Bernard. The first of these I consider as allready assured to and wanting only a formal Settlement. The other is indeed a new Request : but it is only that out of a Bounty granted to me a provision may be made for my Wife in the way of Defalcation from me, and not by any additional charge. This will be only anticipating what will otherwise be a charge on the King's benevolence, upon my Death ; which will be unavoidable, if it shall appear as it will most probably be, that my Life was shortened by my fidehty in the Kings Service, and the Consequences of it. For in truth, my Lord, when I reflect upon my case, I can- not but consider myself as a Martyrr to the Cause of Great Britain. For if the Parhament had not taxed the Colonies; or if I had not in the height of my Zeal for my Mother Coun- try, and the Service of the King tho't it my Duty to support the Authority of Parliament ; or if the Parliament had thought it their Business to support their own Authority, I should probably at this time have been in Ease, affluence and Health, PENSION 219 and should have attained many more Years than I am now like to see. And then I should not have had an occasion to sollicit a Subsistence out of the publick Stock, without mak- ing an actual Service a Consideration of my pay. It is there- fore with much Regret that I am become a Pensioner or desire to be one. Your Lordship's Friendship has been the Balm of my Life, and now it supports me in persisting in my Endeavours, before I go hence, to see my Family decently provided for; one Means of which is the Extending my Life to a few more Years; and upon that Account I desire to be at Liberty to take the best care of it that I can. I therefore intend, if I have Leave, to go abroad next Summer : but shan't be able unless my Dependance on Government shall in some way or other be made certain. I am &c Fra Bernard The Right Hon^'^ The Lord Vic^ Barrington APPENDICES I Letters, Official and Others LORDS OF TRADE TO GOVERNOR BERNARD i Whitehall, March ii^*" 1763 Sir We have taken into Our Consideration your letter to Our Secretary, dated the first of December, and the several Papers which you have addressed to the Board, relative to the Grant of the Island of Mount Desart, which the General Court of Massachusets Bay is represented to have made to you in July 1762. We can have no objection to your acceptance of this Grant as a Testimony of the approbation and favour of that Prov- ince, in whose Service, and in the Conduct of whose Affairs, you have manifested so much zeal and capacity, nor should We have delayed Our Representation upon it to the Crown, if the deed itself had been before Us. You are sensible there are some Circumstances peculiar to the situation of this Trait of Country which make it necessary to consider both the Case itself, and the manner of carrying such a Grant into Execution : When We shall be actually in Possession of the Grant We will bring the Matter to issue with all possible Dispatch, and endeavour to decide whatever questions arise 1 "Bernard Papers," vol. x (Correspondence), p. 63. 222 BARRINGTON-BERNARD CORRESPONDENCE upon it, in a manner which shall be agreable, and upon grounds which shall be just to all Parties concerned. It may be proper to observe to you, that the doubt con- ceived upon the Claim of the Province of Massachusets is not founded upon the Allegation, that the lands to the East of Penobscot were not in the Possession of the Crown at the time of Granting the Charter, but upon the Operation which the Treatys of Riswick and Breda (by which Treaties this Tract of Country was ceded to France) should be ad- mitted to have had upon the Charter itself. We cannot take upon Us at present to say how far all future Consideration of this Question is precluded by the Order of Council grounded upon the Opinion of the Attorney and Solicitor General in 1731, this is a delicate point, which should be r-' served till the deed shall come regularly before Us, and in the mean time We cannot think it expedient to advise any conditional Grant whatever of this Island. We are Sir Your most Obedient humble Servants C. TOWNSHEND SOAME JeNYNS E: Bacon Francis Bernard Esq. Gov. of the Massachusets Bay Orwell APPENDIX I 223 MINUTES OF THE TREASURY BOARDS Whitehall Treasury Chambers 28 Nov^ 1764 Present M^ Grenville. Lord North. S' John Turner. M' Hunter. M^ Harris. My Lords are of Opinion, that no Commander in Chief or Governor is authorised to incurr any Expence for which Money has not already been granted by Parhament, or which has not been previously approved of by His Majesty and His Majesty's Orders signified by this Board for that purpose. 2diy That if any Governor or Commander in Chief shall be of Opinion that any Expence ought to be incurred for the Good of His Majesty's Service, he is previously to make Representation thereof to the proper Office at home, who are to communicate the same to this Board that His Majesty's Pleasure may be taken thereupon, and that proper Estimates may be laid before Parliament to the End that such Sums may be granted as Parliament shall think necessary for that purpose. ^diy That if sudden and unforeseen Emergencies should arise, where it is absolutely necessary that the Service should be undertaken before His Majesty's Pleasure can be known, or the necessary Sums be granted by Parliament for that purpose such Governor or Commander in chief may in these Cases only draw upon the Lords Commissioners of His Majesty's Treasury, and on no other Person whatever, ^"Bernard Papers," vol. x (Correspondence), p. 258. 224 BARRINGTON-BERNARD CORRESPONDENCE and at the same Time that he make such Draught he is to transmit to their Lordships as well as to the proper Ofl&ce to whose Department the Service so undertaken particularly belongs, Information thereof with the Reasons why consist- ently with the Good of the Service it was not possible to delay the incurring such Expence until such Time as the Reg- ulations above mentioned could be complied with, ^thiy That all Governors and Commanders in Chief be acquainted that no Bills will be accepted until the Informa- tion above required be received, and that they be at the same Time apprized, that they will become Accountants to His Majesty for the Sums they shall respectively draw upon the Lords Commissioners of His Majesty's Treasury, and that in passing and allowing their Accounts for the Expen- diture of the same their Lordships will take into Consider- ation not only the Authenticity of the Vouchers, but the urgent Necessity of the Services so undertaken, and the Reasonableness of the Prices at which the same were per- formed. M- Chancellor of the Exchequer is desired, to lay this Minute, containing the humble Opinion of this Board, upon a Subject of so much Importance, before His Majesty, that if His Majesty shall be pleased to approve thereof, His Royal Pleasure may be signified thereupon in such manner as His Majesty shall direct. Ex^y APPENDIX I 225 JOHN POWNALL TO GOVERNOR BERNARD » Whitehall Ded! f) 1764. Sir, His Majesty having been pleased to approve a Minute made by the Treasury Board on the 28'!^ of November last, in relation to publick Expences, which may be incurred, or Bills drawn, by any Commander in Chief or Governor ; I am directed by the Lords Commissioners for Trade and Planta- tions to send you the inclosed Copy of the said Minute for your Information and at the same Time to acquaint you, that the Regulations of the said Minute are not to be under- stood to extend to Money which has been or may be voted by Parliament to support the civil Government of the Colonies, or to any Establishments which have received His Majesty's Approbation. I am. Sir Your most obedient humble Servant John Pownall Francis Bernard Esq- Govf of the Massachusets Bay. SECRETARY AT WAR TO THE EARL OF HALIFAX « Extract of a Letter from the Secretary at War to the Earl of Halifax. War Office 7'^ Feb^ 1765. His Majesty's Intention is, that according to His Commis- sions granted for that Purpose, the Orders of His Commander in Chief & under him of the Brigadiers General commanding in the Northern & Southern Departments, in all military ^"Bernard Papers," vol. x (Correspondence), p. 254. ^Ibid.,p. 272. 226 BARRINGTON-BERNARD CORRESPONDENCE Matters, shall be supreme, & must be obeyed by the Troops, as such, in all the Civil Governments in America. That in Cases where no specific Orders have been given by the Commander in Chief, or by the Brigadiers General commanding in the District, the Civil Govf in Council, & where no Council shall subsist, the Civil Govf may, for the Benefit of His Government, give Orders for the Marching of Troops, the Disposition of Them, for making & marching Detachments, Escorts, & such purely military Services within His Government, to the Commanding Officer of the Troops, who is to give the proper Orders for carrying the same into Execution, provided they are not contradictory to, or incom- patible with any Orders he may have received from the Com- mander in Chief or the Brigadier Gen? of the District, and the Commanding Officer is from time to time, duly to report, with all convenient Expedition, to the Commander in Chief, or to the Brigadier Gen! such orders which he shall have rec'd from the Civil Governor. That the Civil Govf of the Province shall give the Word in all Places, where he shall be within his Province, except when the Commander in Chief or Brigadier Gen' shall be in the Same Place. That the Return of the State & Condition of the Troops, Magazines & Fortifications shall be made to the Gov^ as well as to the Commandf in Chief & Brigadier Genl That the Civil Gov' is not to interfere with the detail of the military Regimental Duty & Discipline, the Reports con- cerning which are to be made to the Commanding Officer who is to make his general Report to the Civil Governor. When the Commander in Chief or Brigadier Gen! shall be present, all military Orders are to be issued by them only. APPENDIX I 227 LORD HALIFAX TO GOVERNOR BERNARD 1 Circular Duplicate S* James's 9^?" Feb?' 1765 Sir, Misunderstandings having arisen between the Civil Gov- nors, & the Commanding Officers of the Troops stationed in some of His Majesty's Colonies, concerning the Intent and Meaning of the Powers respectively vested in Them, with Respect to the General Command and Disposition of the Troops within such Colonies; His Majesty, for the more effectual Prevention of Such Misunderstandings in future, has been pleased to declare His Intentions in that Behalf, by some explanatory Orders, of which I herewith transmit to You a Copy, that You may govern Yourself accordingly. I am with great Truth & Regard Sir Your most obedient humble Servant. Dunk Halifax Francis Bernard Esq' Governor of Massachusetts Bay. GOVERNOR BERNARD TO MAJOR GENERAL GAGE 2 Castle William, Aug* 27, 1765. Sir, I doubt not but you will have an account of the riots at Boston, upon the business of the Stamp Act before this comes to hand. The Mob was so general & so supported, that all civil Power ceased in an instant, & I had not the least au- thority to oppose or quiet the Mob, You are sensible how '"Bernard Papers," vol. x (Correspondence), p. 270. ^Ibid., vol. iv (Letter Book), p. 62. 228 BARRINGTON-BERNARD CORRESPONDENCE extreamly weak an American Governor is in regard to popular tumults, without a file of Men at his Command, & having no regular troops, at present, within call. In this state, I could look only towards you : and I was assured that you had but two Companies with you, and those I conceived could not be properly moved from their Present Station for obvious reasons. I therefore listened to flattering hopes that these Troubles might subside of themselves, & that temporary Quiet might take place till we could hear from England. But in this I have been deceived : for the fury of the Mob is grown more extravagant than ever. Last Night they destroyed & rifled the L*^ Gov''^ House from Top to Bottom ; all his Cash, Papers, furniture, Cloaths, &c, are carried off, & wasted & burned ; They served M"^ Hollo well's. Comptroller" of the Customs, after the same manner ; also M"^ Story, the Register of the Admiralty's House, all whose Papers & Books, among which were all the records of the records of the Admiralty, were burnt before his door. An- other House, M"" Paxtons, was intended for ruin ; but begged off by the Landlord of the House. My House was not at- tacked at all ; which I wondered at : for the other Persons having offended them only by being in Ofl&ce under the King, I should have thought, that I should have been reckoned the most offencive. More mischief is daily expected : Where it will end no body knows. In short. The Town of Boston is in the Possession of an incensed & implacable Mob ; I have no force to oppose to them ; I know not whether I shall be able to preserve this Castle, which is threatned to be attacked, if the stamped Papers from England should be, as is designed, placed here. The Garrison, when compleat, amounts but to 60 men; & I dare not reinforce them out of the Country, for fear it should be the Means of betraying APPENDIX I 229 the place. Under these difiSculties, I have nothing to do, but to apply to you, as his Majesty's Military Commander in chief ; & I can only recommend to you to use such means as you shall think proper to preserve his Majestys Dominion over this Town. I am going to Cambridge to hold a Council there, & consider what is to be done upon this occasion ; one Measure must be to remove the Government to a place of Security, & there call the Assembly, who, I doubt not, will testify their Abhorrence of these rebellious Proceedings. I am, with great regard, g° &c. Gen' Gage. GOVERNOR BERNARD TO MAJOR GENERAL GAGE^ Boston Aug : 29 1765 S^ I herewith send you two Proclamations which will in some Measure show the Particulars of two very outragious riots at Boston. I also send you the Resolution of Council to a Question I put to them after a second riot : as they are of Opinion that there is no Occasion for the Assistance of the Kings Troops, I cannot ask for them ; nor can I with Safety declare my own thoughts on this Occasion. The Town has been kept quiet for two Nights Past by Parties of Militia, in which the commanding Officers, to do them Justice, have been very active. So that I hope that Peace will be restored by internal Means only ; but I cant be answerable for it. The Council have desired me to cause the Stampt-paper when it arrives to be lodged in the Castle to prevent its being destroyed : and it is said among the People that the Castle shall not Protect the Stampt-paper ; for they are determined to take it from thence. The Garrison at the Castle consists * "Bernard Papers," vol. iv (Letter Book), p. 66. 230 BARRINGTON-BERNARD CORRESPONDENCE of 60 Men ; and I am going with advice of Council to raise a Company of 60 More to reinforce it. I hope this will be sufiicient to defend the Castle ; but can't be answerable for it, as I know not how it will be attacked. If the Assailants are numerous and desperate they must take it ; for the outworks must be left undefended : but I hope they will not arrive to that Pitch of desperation. As M"" Miller is here, I intend to appoint him Lieutenant of the new Company. If I have your Leave : he has wrote to the Commanding Officer of his Regiment, but has not yet heard of his Resignation being accepted. t o ^ 1 am &c His Ex : Major General Gage MAJOR GENERAL GAGE TO GOVERNOR BERNARD 1 New: YORK Sep^ 6*-^ 1765. Sir, I had yesterday Evening the honor of your Letter of the 29*? of August Inclosing the Resolution of your Council Board and two Proclamations which you have published. I wish the latter may have a proper Effect, but as none of the Dehnquents have been apprehended and prosecuted I pre- sume it is not practicable to do it ; for it is not possible that they should be unknown. You will receive this by my Aid de Camp Cap^ Sheriffe, by whom you may safely write what you think proper. The Troops are so scattered over the Continent, that I would not be able to collect any consider- able Body to join you under Months; and that by almost deserting the Posts in the upper Country. The nearest Place from whence any Military Force could be sent you is Halifax, and if you shall from your Situation, think it right and Ex- ^ "Bernard Papers," vol. x (Correspondence), p. 284. APPENDIX I 231 pedient that any Assisstance should be sent you from thence, you will make use of the inclosed Letter to Lieu*: Col? Con- ingham ; who is ordered to throw a Detachment of 100 Men of the 29^^ Reg* and 12 Artillerists into Castle WiUiam. This Number with the two Companys of 60 Men each, which you will have there, may be sufficient for defending that Fortress against any thing that can attack it. The Troops are as much Scattered over Nova : Scotia as the other Provinces, and the only Place I can immediately detach from, is Halifax, which place will be extreamly weakned; and I propose to reinforce it after this Draught of 100 Men, by a Company of the 59'^*' Reg* from Louisbourg and another from S* John's Island. Lord Colvile may send the Troops in some of the ships of War, which will be a further Protection to the Fort, and I think there is no Doubt of His Lordship's doing it, when you convince him of your Situation. I write to His Lordship, which Letter I inclose under a flying Seal for your Perusal, as I do all the orders Sent herewith, and you will forward the whole or not as you Judge best. That no Person might have any Suspicion of your sending a writing purposely to Halifax I have prevailed on Cap* Wallace of the Tryal sloop of War who sails this Day for Halifax, to call at Boston un- designedly, in his way, so that you may dispatch him with any Letters you please. By the Description I have had of Castle William, I think with the Garrison proposed, and the ships of war nothing effectual could be brought against it. And I may hereafter when I shall hear fully from you ; and that you think it necessary, reinforce that Place considerably. You will consider how the Castle is provided with Military stores and Artillery, how the Garrison can be best Supplied with Provisions, after what they carry with them shall be expended and how the Troops are lodged, and that they have 232 BARRINGTON-BERNAKD CORRESPONDENCE a sufficiency of Fuel, not to be in Danger of going away thr'o want or being cutt of in search of those Articles. You will acquaint me if you are in want of an Engineer, one shall be sent you, if you are. If I get hold of Castle William, I will engage to keep it fast as long as shall be necessary. You will think of the orders proper to be given to the Cap^ of the 29^'' Reg^ to whom you will no Doubt give the Command of the Castle. He will have orders to obey your Commands in general, but you may possibly be in such Circumstances as to be obliged to give orders, which you would wish should not be obeyed. Of this you will give me your opinion, and I will furnish the Captain with such specifick Orders from me, that nothing which you shall do from forceable Methods shall be obeyed, viz* To deliver the Castle into the Hands of no Persons whatever, but defend it to the last, not to deliver anything deposited in it, even by your orders, etc. From the Terms of your Letter, these Precautions may be necessary, you will take Care that the Troops shall have admission into the Castle when they arrive; as MF Miller seems to be a Person in whom you have Confidence, you may contrive Matters with him, so that he may command there at the Time they do arrive, or use any other proper Method which you shall Judge the best. I am with great Regards, Sir, If you can find a more expeditious Method to convey Your most obedient, the Letters to Halifax, you will do it humble Servant, of Course, without waiting for the Tryal rp p sloop for it seems to me that no Time should be lost T:G: His Ex'y GovF Bernard APPENDIX I 233 MAJOR GENERAL GAGE TO LIEUTENANT CONINGHAMEi New-york Sep*. 6^'' 1765. Sir, You will please with all speed to embark a Detachment of the 29^'' Regiment consisting of one Captain, three Subal- terns, four Serjeants one Drum, and one Hundred Men Rank and File and you will keep their Destination, which will be explained to you, as secret as you can, not letting the Captain receive his orders till the moment he sails. You will consult only with Lord Colville or officer Commanding His Majesty's Squadron, to whom you will apply, for to put the Detachment on Board some of the ships of War, which I am to imagine will accompany the Detachment to the Place of their Destina- tion, and you will supply the said Detachment with three months Provisions at least. I write to Lord Colville by this Oppor- tunity, who I make no Doubt will give all Assistance in his Power, and as the voyage is short, will make no objection to crowding the ships for a short Time. You will order the Captain to proceed to the Harbour of Boston, and find means as well as he can, to throw his Detachment into Castle-William, of which Fort he will take the Command and acquaint the Governor as soon as he can of his arrival there, to garrison that Fortress by my Order. The Provincial Forces, consist- ing of two Comp^^ of 60 Men each which he will find in the Castle, will neither oppose his landing, or Entrance into the Castle, and will remain under his Command for the better Security and Protection of it. The Captain will obey such orders as Gov5 Bernard shall give him, except perhaps in 1 "Bernard Papers," vol. x (Correspondence), p. 288. This letter is indexed as from General Gage to Governor Bernard, but is to Lieutenant Coninghame as shown by the superscription, and is of interest in connection with the pre- ceding letter. 234 BARRINGTON-BERNARD CORRESPONDENCE some Cases, wherein I shall Judge expedient to send him Specifick Orders from myself; of which he will have Notice hereafter. As the Garrison of Halifax will be greatly reduced by the sending away this Detachment, I transmit you orders for Lieu[ Colonel Pringle to send you a Company of the 59*'' Reg!^ from Louisbourg, and likewise for the Officer Commanding at S' John's Island, to send you a Company from Fort : Amherst, and you will take up a proper Number of Vessels to send to those Places to answer the Purpose of transporting them to Halifax. I am, Sir, P : S : Your most obedient You will please to send with humble Servant, the Detachment, £2 Men of the Royal Tho^ Gage Reg^ of Artillery, a proper Proportion of Gunners & Matrosses. T: G: Lieu*^^ Coninghame 29*? Reg* MAJOR GENERAL GAGE TO LORD COLVILLE^ New YORK Sep* 6*^- 1765 . My Lord, You will hear from Gov" Bernard the present distracted state of his Province ; The Tumults, Riots and Robberies that have been committed in the City of Boston ; the Threats of the Populace even to attack Castle William in Case the stamps are deposited there, and that the Governor can not 1 First written "Lieu* Colo" * "Bernard Papers," vol. x (Correspondence), p. 292. This is indexed as from General Thomas Gage to Governor Bernard, but it is to Lord Colville, as plainly shown by the superscription. APPENDIX I 235 with Safety declare his thoughts upon the Expediency of applying to you or me for Assisstance. The only timely aid that I can give him, is by detaching one Hundred Men from the Garrison of Hahfax to throw themselves into Castle- William ; the only Retreat the Governor can have should he be drove from his Capital, which is not at all unlikely; the Lieu^ Govf haveing been already very barbarously used, his House demohshed, plundered and robbed of every thing in it. By this opportunity I send orders to Lieutenant Colonel Coninghame to embark one Hundred Men, with as much Expedition, and Secrecy as to their Destination as possible ; and if your Lordship should judge proper to embark them on Board any of the ships of War under your Command, with orders for them the ships, to remain in the Harbour of Boston ; the Detachment may be thrown into Castle William, and every thing so secured, that the whole Force of the Province can not avail to do any hurt. What Situation they are in at present, I can't say, or what Turn Affairs may have taken since the late Lawless and Riotou s Proceedings. B ut if Matters are in such a state, as to make it proper and expedient for His Majesty's service, that your Lordship and myself should act in the manner proposed to you, This Letter will be forwarded to you from Boston. The more secrecy and Dispatch there is used in this Business, the better it will be. I have the honor to be with great Regard & Esteem, My Lord, Your Lordship's, Most obedient, Right Hon**!^ Lord Colville and most humble Servant Tho* Gage 236 BARRINGTON-BERNARD CORRESPONDENCE GOVERNOR BERNARD TO MAJOR GENERAL GAGE^ Boston Sep^ 12. 1765 The Concern you have shown for the peace of this Town by sending Cap- Sheriff to enquire into the state of it deserves my best acknowledgements. At present there is a consider- able alteration in the humours of the people ; and tho as the cause of the late commotions is not removed, We may expect that it will some time or other produce Similar Effects ; Yet as the Town at present is in a tolerable state of tranquillity, I am will to try the utmost to improve it to good purpose: and the more so, as I have appointed the Assembly to sit at this Town in a fortnights time, I am very desirous that it may by kept in quiet, untill that time. Indeed the Power & Au- thority of Government is really at an end : but I am willing to content my self with the form of it, in hopes that in time the peoples Eyes may be opened & their passions subside before the application of external force shall become necessary. For this purpose I have consented to the earnest & unani- mous desire that I'd countermand the orders for raising men to reinforce the garrison of the Castle : for which the following reasons have been given. I That the people appear to be very differently disposed now than they were when the raising the men was advised ; there not appearing to be any intention to destroy the stamps or attack the castle at present, the dangerous consequences of such attempts being more apparent now. 2 That this Measure has created ^ great uneasiness in the people they being very Jealous of the introduction of new forces of any kind; and 1 "Bernard Papers," vol. iv (Letter Book), p. 69. ^ First written "occasioned," then changed to "created." APPENDIX I 237 if this uneasiness should so increase as to be active, it might occasion more dangers to the Castle than the reinforcement would counterballance. 3. That as it is now known that the stamps probably will not arrive 'till the Assembly is sitting, it will be best to leave to them to provide for their security ; otherwise they may take umbrage at seeing forces raised with- out their Authority for a Service which has not commenced at the time of their sitting ; and thereby a dissention might be introduced to the General Court at a time when unanimity is most needfull. This last reason has great weight with me : for I desire nothing more than to charge the Assembly with the Defence of the Stamps; for then the province becomes formally answerable for them, and if the people should destroy them they must pay for them. These reasons also conclude against the introducing regular troops at this time : to which may be added one other very Material. The introducing a single Company to the Castle would certainly be made use of to inflame the Assembly; & I am particularly desirous that they should be as cool as may be. I have no general dependence upon my being able to prevail upon the Assembly to counterwork the passions of the people. I am assured & I believe that I shall not. But I shall be glad to have fair play & a clear stage, that my endeavours for that purpose may be effectual as possible to do without, troops should not be sent here 'till there are suffi- cient numbers of them. A small force would irritate the people & not protect the Government. As I am now in all appearance safe in Boston, & I shall soon be able to charge the Assembly with the care of the stamps, I hope I shall be able to hold out, untill orders come from England, which probably will be accompanied with forces. For I cant think that so Violent an opposition to an act of parliament can fail of meeting with general resent- 238 BARRINGTON-BERNARD CORRESPONDENCE ment there. For these reasons, I shall not at present forward the orders which you have favoured me with, but I shall write to Lord Colville by the tryal, & give him an account of the present state of the Town & my own situation, with advice of the letters you have favoured me with my reasons for not making use of them now. I have been obliged by my engagements in making up dispatches for a ship which sailed for England yesterday to detain Cap* Sherrif to this day, which I have less scrupled to do, as no particular expedition is required. As for the Castle he will give you some information of it & will inform you how you will receive a more particular Account. I am. with great regard His Excellency Maj' General Gage /S'' your most obedient / &c &c CHARLES LOWNDES TO GOVERNOR BERNARD 1 Sir, I am directed by the Lords Commissioners of His Majesty's Treasury to Signify to your Excellency their desire that you will give your Aid and Assistance to the Distributor of Stamps within your Government in whatever may relate to his Duty in the execution of his Ofi&ce under the Act passed in the last Session of Parliament and that your Excellency would be particular in Seeing that the Chief Distributor do Appoint under Distributors in every proper Town and place within your Government and that each of the said under Distributors be well Supplyed with Stamps for all Demands And that Your Excellency would be very attentive to the detection of any '"Bernard Papers," vol. x (Correspondence), p. 300. Charles Lowndes was Joint Secretary of the Lords of the Treasury. APPENDIX I 239 frauds which may arise in this Branch of His Majesty's Revenues And in case it shall have happen'd that any chief Distributor residing in your Governments hath not given Security for the due Execution of his Ofhce That Your Excel- lency will take care that he do forthwith execute his Bond for the same which Bond when executed Your Excellency is desired to return to the Stamp Office. My Lords so much depend upon your Attention to the Public Service that they cannot doubt of Receiving Information from your Excellency in case any remissness in the Execution of the Office of the Chief Distributor within your Government or other Mis- managements or Abuses whatsoever shall Appear to you Treasury Chambers, I Am Sept: 14 : 1765. your Excellency's most obedient humble Servant. Cha Lowndes Francis Bernard Esq' Governor of Massachusets Bay. GREY COOPER TO GOVERNOR BERNARD ^ Sir, The Lords Commissioners of His Majesty's Treasury having read several Letters from M^ Oliver, late Distributor of Stamps at Boston in Massachuset's Bay, giving an Account of great Outrages committed by the People of Boston, on the 14^ 15*1* and 26"^ of August last; and signifying that he had been obliged to resign His Office of Distributor of Stamps and Expressing His Apprehensions that the Stamp Paper would be in danger of being Seized by the Populace, upon the Arrival of the Ship, which carried it to Boston; are pleased ' "Bernard Papers," vol. x (Correspondence), p. 304. Grey Cooper was one of the Joint Secretaries of the Lords of the Treasury. 240 BARRINGTON -BERNARD CORRESPONDENCE to direct Your Excellency to see that the Stamps be duly distributed until a Distributor be appointed by My Lords; and Their Lordships recommend it to you, and, by your Mediation, to the several Magistrates in your Excellency's Government, to exert yourselves with Spirit, and Firmness, in order to inforce a due obedience to the Laws, and to take care that His Majesty's Revenue suffers no Detriment or Diminution. I am, Treasury Chambers. Octf : 8*:'' 1765. Your Excellency's Most humble Servant, Grey Cooper. His Ex^i^ Francis Bernard Govf of Massachusets Bay. H. S. CONWAY TO GOVERNOR BERNARD ^ S* James's,^ October 24^'' 1765. Sir, Your Letters of the 15'^ 16^!^ 22*? & 31^^ of August have been received ; the three former not till yesterday. It is with the greatest Concern His Majesty learns the Disturbances, which have lately arisen in your Province ; the general Confusion that seems to reign there; and the total Languor, and Want of Energy in your Government to exert itself with any Dignity or Efficacy for the Suppression of Tumults, which seem to strike at the very Being of all Author- * "Bernard Papers," vol. x (Correspondence), p. 318. This letter is printed in Almon's Prior Documents (p. 40) and is very nearly like the manuscript; the few differences are noted. Belsham {Memoirs of the Reign of George III, ed. 1808, vol. ii, 421) gives the circular letter to the governors of the several provinces which is substantially the same as this to Governor Bernard. Conway was one of the Principal Secretaries of State. ^"St. James's" is omitted in Prior Documents. APPENDIX I 241 ity and Subordination amongst You. His Majesty cannot but with the greatest Surprise hear of the Refusal of your council to call for the Aid of any regular Force to the Support of the Civil Magistracy, at a time when it seems You had Reason to think there was no other Power capable of providing for the Peace and Quiet of the Province. Nothing can cer- tainly exceed the ill-advised and intemperate Conduct held by a Party in your Province, which can in no way contribute to the Removal of any real Grievance They might labour under, but may tend to obstruct and impede the Exertion of His Majesty's benevolent Attention to the Ease and Comfort, as well as the Welfare of all his People. It is hoped, and expected, that this Want of Confidence in the Justice and Tenderness of the Mother Country, and this open Resistance to it's Authority, can only have found Place among the lower and more ignorant of the People ; The better and wiser Part ^ of the Colonies will know, that Decency and Submission may prevail, not only to redress Grievances, but to obtain Grace and Favour; while the Outrage of a publick Violence can expect Nothing but Severity & Chastise- ment. These Sentiments You and all His Majesty's Servants, from a Sense of your Duty to, and Love of your Country, will endeavour to excite and encourage. You will all, in a particu- lar manner, call upon them, not to render their case desper- ate. You will, in the the strongest Colours, represent to them the dreadful Consequences, that must inevitably attend the forcible and violent Resistance to Acts of the British Parliament, and the Scene of Misery and Distraction to both Countries, inseparable from such a Conduct. If, by lenient & persuasive Methods, You can contribute to restore that Peace and Tranquility to the Provinces, on * This reads "and more wise part" in Prior Documents. 242 BARRINGTON-BERNARD CORRESPONDENCE which their Welfare and Happiness depend, You will do a most acceptable and essential Service to your Country: But, having taken every Step, which the utmost Prudence and Lenity can dictate, in Compassion to the Folly and Ignorance of some misguided People, You will not, on the other hand, fail to use your utmost Power for repelling all Acts of Outrage, and Violence, and to provide for the Main- tenance of Peace and good order in the Province, by such a timely Exertion of Force, as the Occasion may require ; for which Purpose You will make the proper Applications to General Gage, or Lord Colville, Commanders of His Majesty's Land & Naval Forces in America. For, however unwillingly His Majesty may consent to the Exertion of such Powers as may endanger the Safety of a single Subject, yet can He not permit his own Dignity, and the Authority of the British Legislature, to be trampled on by Force and Violence, and in avowed Contempt of all Order, Duty, and Decorum. If the Subject is aggrieved, he knows in what manner legally and constitutionally to apply for Relief ; but it is not suitable either to the Safety or Dignity of the British Empire, that any Individuals, under the Pretence of redressing Griev- ances, should presume to violate the Publick Peace. I am,^ with great Truth and Regard, Sir, Your most obedient humble Servant P. S. H. S. Conway The Sloop, which carries this, will carry Orders to Lord Colville, iThe rest omitted in Prior Documents, which reads "I am &c H. S. Conway." APPENDIX I 243 and to the Governor of Nova Scotia, to send to Your Assistance any Force, which may be thought necessary from thence, and which that Province can supply. The Favour of your Letter of the •j^^ September is just received.^ Governor Bernard. H. S. CONWAY TO GOVERNOR BERNARD 2 Circular. S^ James's March i'.* 1766. Sir, I am very sorry not to be able as yet to give You any Instruc- tion for the Rule of your Conduct in the perplexed Situation of Things in the Colonies ; But the Parliament, to whose Wisdom His Majesty has been pleased to refer those affairs, not having come to any ultimate Decision thereon, I may not presume to give You any positive Direction : at the same time It is, I think, my Duty to inform You, — that a Bill is brought in, and has made some Progress in the House of Commons, for the Repeal of the Stamp Act; and that other Proceedings, relative to the mutual Rights of Great Britain and her Colonies, are also in consideration before Parliament. As soon as ever any Thing is ultimately determined by the Legislature, You may depend upon the speediest Information from me; and will not fail to receive therewith His Majesty's farther Instruc- tions. In the mean time. The King relies on your Discretion to take the properest Measures, that the Circumstances of 1 This last sentence is omitted in Prior Documents. * "Bernard Papers," vol. x (Correspondence), p. 336. 244 BARRINGTON-BERNARD CORRESPONDENCE the Times may require, for the Good of the Colony committed to your Care. I am, with great Truth and Regard, Sir, Your most obedient humble Servant Governor of Massachuset's Bay./ H. S. Conway GOVERNOR BERNARD TO 1 Boston July 3 1766 S^ The Important Concerns in which I am now employed ^ will not allow me to attend to the little altercations which you seem so desirous to engage me in. When I shall have some^ leis: re I shall be Very glad for my own sake to write upon ^ your subject not only on the present Case, but on the other ways & means ^ which you have employed ^ to em- barrass my Administration. In the Mean time you may represent ^ what you please against me if you do it with truth : for which purpose in the present case you will be much assisted by the Advice in writing which I gave to M"^ Savage,^ which, no doubt he did,^ as he said he would, com- municate to you. 1 "Bernard Papers," vol. v (Letter Book), p. i8i. This was probably written to John Temple, Surveyor of the Customs for the Northern District with whom Bernard was in open war. 2 First written "engaged in," then changed to "attending to" and then to "employed." ^ First written "a little." * First written "glad to attend to your," then changed to "glad for my own sake to write upon your." ^ Followed by "with," then crossed out. ^ First written "endeavour'd." ^ Followed by "me as you," then changed to "what you please against me." * Followed by "I am so far from," then crossed out. ^ First written "has." APPENDIX I 245 Whenever you shall think proper to order the officers of the Customs to act in the prosecution or dismission of Goods seized by them ^ without or contrary to the Opinion of the Governor & the Advice of the Kings Advocate, I think they ought to have their orders in writing. GOVERNOR BERNARD TO LORD HARRINGTON 2 Boston Jan 28 1768. My Lord I understand that it is a prevailing Opinion on your side of the Ocean that America, if let alone will come to herself & return to the same Sense of Duty & obedience to Great Britain which she professed before. But It seems to me that observ- ing & considerate Men on this side the water expect no such thing. If indeed the 111 temper of the Americans had arose from accidental Causes, & exercised itself without meddling with fundamental principles, the Cause ceasing the effects might also cease ; & the subject of complaint being removed, a perfect & durable conciliation might be restored. But when the Dispute has been carried so far as to ^ in- volve in it ^ matters of the highest importance to the imperial Sovreignty, when it has produced questions which the Sov- reign state cannot give up, & the dependent states insist upon as the terms of a reconciliation ; when the imperial state has so far given way as to flatter the dependent states ' Followed by "contrary," then crossed out. ^ "Bernard Papers," vol. xi (Correspondence), p. 127. This letter is printed in Bernard's Select Letters on the Trade and Government of America (London, 1774), p. 53. The letter as found in Select Letters is substantially like this second draft, but quite different from the first ; see above, p. 131. ' Followed by "take," then crossed off. ^Followed by "question," then crossed off. 246 BARRINGTON-BERNARD CORRESPONDENCE that their pretensions are admissible; Whatever terms of reconciliation Time Accident or Design may ^ produce, if they are - deficient in settling the true relation of ^ great Britain to ^ her Colonies, & ascertaining the bounds of the Sovreignty of the one & the dependency of the other, Con- ciliation will be no more than a Suspension of Animosity; the seeds of which will be left in the ground ready to start up again whenever there shall be a new occasion for the Americans to assert their independence of ^ the Authority of parliament; that is whenever the parliament shall make ordinances which the Americans shall tliink not for their intrest to obey. It was easy to be foreseen that the distinctions used in parliament in favour of the Americans would be adopted by them & received as fundamental laws. It would signify nothing by what numbers these distinctions were rejected : the respectableness of the Names of the promoters of them, & the apparent intrest of y^ Americans in maintaining them would outweigh all authority of Numbers for the contrary Opinion. It was also to be foreseen that the Americans would carry these distinctions much farther than the pro- moters could possibly intend they should be. But yet they ^ never gave me any concern; because they carried their remedy with them: if they were hurtful to the constitution, they^ had an antidote at hand and like the antient Spear, if they wounded the Sovreign state they produced a rust to cure it. If the parliament cant tax the Americans > First written "shall." » First written "have." ' First written "between." ♦ First written "&." * At first "pretensions against," then changed to "independence of." •At first "these distinctions," then changed to "they." ^At first followed by "carried their remedy with them," then changed to "had an antidote at hand and." APPENDIX I 247 because they are not represented, it may allow them repre- sentatives, & the Authority is compleat. I have been used & allways ^ disposed to set an high ^ value upon the Wisdom of Statesmen perhaps sometimes higher than it may ' deserve ; and I am still desirous rather to err on that side than the opposite. When '* the great Man of ^ whose political Abilities I then had & still have the highest reverence, founded his^ impeachment of the power of par- liament to tax the Americans upon the Want of American representatives, It appeared to me to be a stroke of refined policy. I considered this difficulty to be started, in order to enforce the necessity of allowing the Americans to send representatives to parliament. I considered not only the Advantages which would arise from such an ordinance for the present by removing all objections to the power of par- liament ; but also the benefit which must arise for the future by ^ incorporating America with Great Britain in an Union which must more effectually prevent a Separation than can be provided ^ by any other means. If this Objection had been pur- sued to this conclusion. The Author of it would have been de- servedly esteemed the benefactor of both Countries. Without this conclusion It is not easy to See how^ this Contravention of the Authority of parliament can be of service to either. Let us state the positions urged in parliament on the behalf 1 At first "am still," then changed to "allways." ^ At first "higher," ^ At first "they perhaps," then changed to "it may." * The text, beginning with this sentence and going through the paragraph, is printed in Mrs. Napier Higgins's Bernards of Abington, ii, 102. It is taken from Select Letters as it has the differences of that print. ^ First written "for." * .At first "pronounced for the," then changed to "founded his." ^ At first followed by "an Union of the two," then changed to "incorporating Americans," and finally to "incorporating America." ^ Followed by "against," then crossed off. ® At first followed by "it can produce any good." 248 BARRINGTON-BERNARD CORRESPONDENCE of the Americans & the use which has been made of them in America, & see how far the chain of reasoning can be extended. It was said in parliament, that i. The parliament has no right to tax the Americans, because the Americans have no representatives in parhament. 2. But they have a right to impose port duties or external taxes because such duties are for the regulation of trade. 3. The difference between an external and an internal tax is that the former is imposed for the regulation of trade & the latter for raising a Revenue. From these premisses the Americans have drawn the follow- ing conclusions, i . Port duties imposed for raising a Revenue are internal Taxes. 2. Port duties of which the produce is to be paid into the Exchequer for the use of Government are imposed for raising a revenue. 3. The produce of all the port duties imposed upon America is ordered to be paid into the Exchequer for the use of Government. 4 All the Port Duties imposed upon America are internal Taxes. The only differ- ence between the Port duties declared to be for raising a Revenue, & those of which no such declaration is made is that in one the Intention is explicit ; in the other it is implied : they both come within the definition of internal taxes, & there are no taxes left for the distinction to operate upon. This is not a fictitious Argument but a real one now urged & insisted upon as the terms of a good agreement between great Britain & her Colonies. For proof of which I refer your Lordship to the Farmer's Letters, in which you ^ will find the whole of this argument laid down either positively or consequentially. What then shall be done ? shall the par- liament make a new declarative Act ? See ! here are counter- declarations to the former Act. shall they take no notice of these American pretensions? they will then be confirmed * At first "your Lordship," then changed to "you." APPENDIX I 249 in the minds of the Americans & become really, what they are now proclamed to be, a Bill of American rights. The right Way to get rid of these difficulties, which have arose out of the political dissentions at Westminster, is to allow the Ameri- cans to send representatives. This will be a full Answer to all their pretensions : it has been for some time past expedient ; it is now become necessary. In one of the news-papers inclosed with this is a Speech said to have been spoke in the house of Lords, which has been reprinted from a London pamphlet. The whole Argu- ment of this does not tend to show that the Americans ought not to be taxed, but that previously to their being taxed, they ought to be allowed to Send representatives. This has been extremely well received here, altho' the conclusion is for an American representation. If this was really a Speech of a Lord of that House, it might have been properly answered by admitting the conclusion and thereby avoiding a dispute about the premisses. If the Americans should be allowed representatives, it would become a Question merely Specu- lative, whether Representation is necessary to Taxation or not. And yet the Americans in general do not desire a repre- sentation, tho' the publications on their behalf all tend to that conclusion ; and Some of them seem calculated to force the parliament into that measure as the only one which will satisfy them.^ The truth is that tho' the Leaders of the People set out with a view of obtaining a representation & have never lost sight of it; it has but lately occurred to the people in general that this may be a probable consequence of their denying the Authority of parliament. The former have had no objection to being representatives ; but the * Followed by "pretensions," then crossed out. 250 BARRINGTON-BERNARD CORRESPONDENCE people have not as yet seen their intrest in Sending them. It is from this disposition in the demagogues, as well as from the support they received in parhament turning upon the same question, that the Americans have founded all their Arguments against the Authority of parhament on their want of representatives in it; and a System for separating them from parliament is formed upon a proposition which it is in the power of the parliament at [blank space] pleasure to convert into the means of more closely uniting them with it. But the mutual intrest of the two Countries seems to be equally misunderstood on both sides of the Water. I will illustrate this Account of the Ideas of the Americans by fresh facts. At the opening of the present Session of the Assembly of this province, a Member who had distinguished himself by carrying the objections to the Authority of par- liament to their greatest length, now in a set speech retracted all his former Opinions, & said that he had fully informed himself of the relation between Great Britain & her Colonies, & was convinced that the power of parliament over her colonies was absolute, with this qualification, that they ought not to tax them untill they allowed them to send representatives ; & that if the Colonies had representatives the power of parlia- ment would be as perfect in America as it was in England. He then argued for an American Representation, & said it was now become a Measure necessary both to Great Britain & the Colonies, for the heahng the breaches between them. This surprised the House : but their Eyes began to open. A Member on the Side of Government charged the oppo- sition with an intention to make an American Representa- tion necessary by their denying the authority of Acts of parliament over them because they were not represented. The proofs he adduced & the equivocal Answers of the other APPENDIX I 251 party left little doubt of this. Upon this an old Member (whose name & Character is well known in England) said that as they were determined to have representatives, He begg'd leave to recommend to them a Merchant who would undertake to carry their representatives to England for half what they would sell for when they arrived there. It ^ has been a serious Objection that American represen- tatives would be subject to undue influence : but are not English representatives so ? & is that an argument ag^*^ having parliaments? Another is that the Colonies would not be able to maintain them. Both these, which contradict each other, would be easily answered : but the most intresting Objection, which is not avowed & therefore cannot receive a formal Answer, is that an American Representation will take away all pretences for disputing the Ordinances of parliament. The Admission of American representatives into parHament, will allow of the continuing the provincial Assemblies for the purposes of domestic (Economy; & therefore no Objections have been drawn from the cessation of the inferior legisla- tures; the supposition of which would create infinite diffi- culties. Upon the whole. My Lord, if there was no Necessity for the appointment of American representatives (which I think there is & that very pressing) the Idea of it greatly enlarges my View of the Grandeur of the British Empire. And if there is any Danger of its falling to pieces, which surely can- not be too much guarded against, it seems to me that noth- ing could so effectually provide against so fatal an Event, as binding the Colonies to the Mother Country by an incor- porating Union, & giving them a share in the Sovreign legis- lature. If this was done there could [be] no dispute about^ 1 First written "This." * First written "of," and then changed to "about." 252 BARRINGTON-BERNARD CORRESPONDENCE the rights & priviledges of Americans in contradistinction to those of Britons ; and an Opposition by force to the Govern- ment of Great Britain would have but one name. And then We might expect a longer Duration to the entire British Empire than desponding poUticians are willing to promise at the present time, & in its present state. [not signed] UNKNOWN TO UNKNOWN * I have been of no small service to Gov^ Bernard, his pubUc speech, & some other matters that had the appearance of giving way to the populace had like to have done him great injury, & so much, when he would have recovered I do not know. I Cid not urge his tarrying at Boston, if a better place could be provided for him, but wish^, by all means to continue him. It is doubted much his want of Spirit in conducting in these new measures. For God sake if he has a regard for himself let him take care how he errs too much on the side of the popular clamour, his ceeding to J Hancock & his answer to the town meeting was of no service to him. pray be as little communicative as possible about matters, send for Judge Auchmuty & advise with him in any case you have occasion. I know him to be a good Man let him know this ab* the Govf but no body else. I know more than I dare say — dated 31 July 68 * "Bernard Papers," vol. xi (Correspondence), p. 253. APPENDIX I 253 GOVERNOR BERNARD TO » Confidential Boston Dec 23 1768 Dear Sir The Minds of Men in this Town and Country, are at pres- ent greatly agitated with the Expectation of what will be done at Westminster in Contravention of the late Proceed- ings at Boston. And those Persons who have Reason to expect a severe Censure from Great Britain do not appear to be so anxious for the Event, as the Friends and Well- wishers to the Authority of the Government and the real Wellfare of the Province are under the Apprehension that the Government of Great Britain may not take the full Advantage of what the late mad & wicked Proceedings of the Sons of ^fbmf have put in their Hands. They say that the late wild Attempt to create a Revolt & take the Govern- ment of this Province out of the Kings into their own Hands affords so fair an Opportunity for the Supreme Power to reform the Constitution of this subordinate Government, to dispell the Faction which has harrast this Province for 3 Years past, and to inflict a proper & not a severe Censure upon some of the Heads of it, that, if it is now neglected, they say it is not like soon perhaps ever to happen again. I hear so much of this from all the sensible Men I converse with, that tho' I had resolved not to write upon these delicate Subjects any further than my Answers to Letters should make it necessary, I cannot excuse myself giving you some 1" Bernard Papers," vol. vii (Letter Book), p. 239. There is no letter to Lord Barrington between Oct. 28, 1768, and Feb. 20, 1769; but, meanwhile, Governor Bernard wrote to some unknown person the above letter, which is so interesting in giving the situation at the moment that it is printed in full. 254 BARRINGTON-BERNARD CORRESPONDENCE Hints of the reasonings used here upon this important and critical Occasion. It is said that the Town-Meeting, the Convention & the Refusal of the Justices to billet the Soldiers, severally point out & justify the means whereby i. the Disturbers of the Peace of the Government may be properly censured; 2, the Magistracy of the Town reformed ; & 3 the Constitution of the Government amended : all of them most desirable Ends, & some of them quite necessary to the Restoration of the Kings Authority. I will consider these separately. I The Town-Meeting which appointed the Convention un- doubtedly intended thereby to bring about a Revolt. Not only the frequent Declarations previous to that Meeting that they would resume the Government, but the very pro- ceedings of the Meeting, as published by themselves plainly evidence that that was the Intention : the colouring flung over it is seen thro' by the dullest Eye. It is now known that the Plan was to seize the Governor & Lieut Gov'', and take Possession of the Treasury and then set up their Stand- ard. This was disappointed by the Failure of the Con- vention; the Members of which having Lands & Tenements to forfeit could not be so indifferent about the Consequences of such a Measure, as the Proposers of it who have little or Nothing to lose. But shall so open & notorious an Attempt to raise a Rebellion remain unpunished because it was un- successful ? and if it should, would it not give encouragement to another Attempt which might have Success? Some Punishment is surely due; and it would be very gentle, if it should be what has been talked of here : that the principal Persons concerned in calling the Convention should be dis- qualified by Act of Parliament from setting in the Assembly or holding any Place of Office during his Majesty's Pleasure. APPENDIX I 255 This would not only contribute greatly to restore Peace & Order to this Government, but by the Example, would tend to preserve them in other Governments. Happily the Per- sons concerned in this Business would form a complete List for such a Censure which would stand as follows. Moderator of the Town Meeting. Ja^ Otis jun"^ Esq'' Select Men who signed the circular Letters " Joseph Jackson Esq' John Ruddock Esq John Hancock Esq' John Rowe Esq' Samuel Pemberton Esq' WilHam Cooper Gent — Town Clerk who prepared & cir- 1 culated the Letters J Speaker of the Convention. Thomas Gushing Esq' Clerk of the Convention Samuel Adams Gent' — The giving these Men a Check which would make them less capable of doing more Mischeif would really be salutary to themselves as well as advantageous to the Government. 2. The reforming the Magistracy of the Town, that is the Commission of the Peace would be of great Service at this Time. There is among them several of the Supporters of the Sons of Liberty; and the Refusal of several of them to carry into Execution the Act for quartering the Soldiers given under their own Hands, would justify a Removal of them from their Office. Perhaps it might be better to dis- solve the whole Commission. But this cant be done by the King alone, for if he was to send an Order to the Governor to revoke the present Commission & appoint another, the Council in their present Humour would not obey it. Whereas as this Censure arises from the Contempt of an Act of Parlia- 256 BARRINGTON-BERNARD CORRESPONDENCE ment, It would be most properly inflicted by the Parliament itself, which at the same Time it censures the Contempt of its Authority, makes a Precedent of the Exercise of it. If therefore an Act of Parhament was to pass reciting the Re- fusal of the Justices at Boston to quarter the Soldiers & there- fore enacting that all Commissions of the Peace within the County of Suffolk in the Province of Mass'^ Bay should be determined on a certain Day, it would be doing no more than the King alone can do in any of his royal Governments, with- out assigning any Cause for it. This Act & an Instruction to the Governor concerning the new Appointments would be of great Service to the Restoration of the Government ; Some are for carrying this remedial Measure to all the Commissions of all Kinds in the Government : & it may be wanted if there is no Alteration in the Appointment of the Council. 3. The last Point is of great Importance : The Amendment of the Form of the Government, particularly with Regard to the Appointment of the Council is a most desirable Object; and if one was to say quite necessary to the Restoration & firm Establishment of the Authority of the Crown it would not be saying too much. It may be therefore well wished that the Meeting of the Convention and the Council's sepa- rating from the Governor may be made subservient to the Purpose of amending the Government in a necessary Article. The Question will be whether the Meeting of the Convention & the Council's acting as a separate Body from the Governor amount to a Forfeiture of the Charter. As a Member of the Community I must doubt about it ; but if I was a Stranger to it, I should have no Doubt at all : An Englishman would argue thus : If a Corporation shall usurp the Rights, which the King upon granting their Charter expressly reserved to himself they will thereby break the Conditions upon which APPENDIX I 257 their Charter was granted and thereby incur a Forfeiture of it. Now in the Charter of Mass*^ Bay it is expressly ordered that the Gk)vemor shall have Authority to assemble & call together the Councellors or Assistants (who are appointed to advise & assist the Governor) & with them or any seven of them to hold a Council for the ordering & directing the Affairs of the Province ; and the Governor is also empowered to convene the general Courts or Assemblies & from Time to Time to adjourn prorogue or dissolve the same. And there is no Power or Authority granted to any other Person or Per- sons whatsoever to assemble the Council or convene the general Court or Assembly but to the Governor or the Lieut Governor, except where there shall be no Person commissioned by the King to be Governor within the Province. If there- fore the Council shall meet together as a Council without being assembled by the Governor ; if the People in general shall choose Representatives to meet in Assembly, without the Authority of the Governor ; and if such Representatives shall meet & do Business as in an Assembly even after they have been required by the Governor in the Kings Name to break up their Meeting & separate, it follows that there has been an Usurpation of the Rights reserved by the King to himself at the granting the Charter, by the People, in their Delegates (for so the Council by their Constitution may be properly called) in their Representatives, & in their aggre- gate Body ; and that the Conditions, upon which the Charter was granted have been broken, & thereby a general For- feiture of the Charter on the Part of the People, is incurred. If this should be true, (and I know not how to confute it) It will surely be great Grace & Favor in the King if he shall be pleased to take no other Advantage of this Forfeiture than to correct the Errors of the first Formation of this Govern- 258 BARRINGTON-BERNARD CORRESPONDENCE ment, & by placing the Appointment of the Council, where it ought to have been from the first, in the King, thereby render it more congenial with the Constitution of the Mother Country. It requires no Arguments to show that the inferior Governments of a free State should be as similar to that of the supreme State as can well be. And it is self-evident that the Excellency of the British Constitution consists in the equal Ballance of the regal and popular Powers. If so, where the royal Scale kicks the Beam & the People know their own superior Strength, the Authority of Government can never be steady & durable : it must either be perpetually distracted by Disputes with the Crown, or be quieted by giving up all real Power to the Demagogues of the People. Both these are greatly detrimental to the Community : the first obviou'^ly so; the second is no less apparent to those who have had occasion to observe in a Neighbouring Colony how subject a democratical Government is to Corruption Disorder & Despotism. It is therefore not to be wondered at, that the most sensible Men of this Province see how necessary it is for the Peace & Order of this Government that the royal Scale should have its own Constitutional Weights restored to it & thereby be made much more equi- libral with the popular one. How this is to be done, whether by the Parliament or the Kings Bench, or by both, is a Ques- tion for the Administration to determine ; the Expediency of the Measure is out of Doubt ; and if the late Proceedings of the Convention &c amoimt to a Forfeiture, a Reformation of the Constitution of the Government, if it is insisted upon, must & will be assented to. I am S' Your most obedient & most humble Servant APPENDIX II PETITION OF GOVERNOR BERNARD TO THE KING FOR AN INCREASE OF SALARY i To the Kings most Excellent Majesty in Council ^ The humble petition ^ of Francis Bernard Esq"^ Governor of his Majestys Province of Massachusets Bay most humbly sheweth. That your Majestys royal predecessors Queen Anne^ King George the first and King George the second did by their Instructions to the several Governors of the said Province order them to recommend to the Assemblies of the said Province from time to time that the said Assemblies should establish a fixed and honourable Salary for the Support of the Dignity of the Governor there Ifor which looo Pounds sterling was deemed a competent Sum I to be settled by Act of Assembly upon the Governor & his Successors, or at least upon the Governor during the whole Time of his Govern- ment. And the said Recommendation never having been complied with, Governor Belcher, who enter'd upon said Government in the Year 1730, obtained a relaxation of the said Instruction so far as to allow him to accept of the same Salary by Annual Acts only : in Consequence of which, after 1 " Bernard Papers," vol. xii (Correspondence), p. 297. "^ Then followed " To the right honourable the Earl of Shelburne his Majestys principal Secretary of State &c," but it was crossed off. ' First written " Memorial," then changed to "humble petition." * First written " their late Majestys," then changed to " your Majestys royal predecessors Queen Ann." 259 26o BARRIXCTON-BERXARD CORRESPONDENCE many difficulties & Delays, the Assembly at length did grant unto the Governor 975 pounds sterling for one Years salary, which was then accepted for & iis 1000 Pounds, & has ever since been continued to be granted to the Governor from time to tin\e by Annual Acts only. That at the Times of issuing the forementioned Instructions, wherein the said Sum of 1000 Pounds was declared to be a com^x'tent Salary, The Governor of Massachusets Bay was also Governor of New Hampslurc, from wliich Proxince he received a separate Salary besides Fees & Perquisites ; it was also most probably presumed that the Fees and Perquisites of the Governor of Massachusets Bay being an extensi\-e &: rich Province must amount to a very considerable Sum, which if they bore any Proportion to those of otlier Govern- ments> would not have been less than a Moiety of the Salary. From which Considerations it was probably concluded that the Gox-emors whole Income must amount to little less than double the Salary.^ That Governor Shirly, who immediately succeeded Go\'^ Belcher & \\'as the first Governor appointed to Massachusets Ba\- who had not also an Appointment to New-Hampsliire, soon after his Appointment engaged in several Businesses of great Importance, in Con^deration of wliich die Assembly granted liim sevxal considerable Sums of Money over and above the forementioned Salary. He also had tlie Command of a Regiment of regulars, wliich he enjoyed for the greater Part of the Time of liis Government. He was also during Part of sucli Time appointed Commissary for settling the ' Then folloxrcd this sentence vrliich xras crossed off : " From which Gr>n- siderations it vras pvrobably concluded that the Gox-ernors whole Income must amount to little less than double the Salarj- assigned by the forementioned Instructions," APPENDIX II 261 Bounds of Acadia &c at Paris. He was also during other Part of such Time Commander in Cheif of his Majesty's Forces in America with a very large EstabHshment. By Means of all which Grants & Appointments over and above the ordinary Income of his Government. He never felt the Deficiency of his Salary as Governor nor had any Occasion to complain of the same. That Governor Pownall the immediate Successor of Gov' Shirley well understood how inadequate the Establishment of this Government was to the Importance and Dignity of it. But it being in the Time of War, when ev'ry Fund was charged with the utmost Weight it would bear, He found it so un- seasonable to apply for an Addition to his Salary; that he chose to wait for Releif by a Dismission from his Post & an Appointment to a more beneficial one; which he soon ob- tained. By these Means it is that it has fallen to the Lot of your Memorialist to represent the present State of the Establish- ment for the Support of the Governor of this Province ; and to shew how inadequate it is to the Importance & Dignity of the Government. For this Purpose he begs Leave to shew that besides the Seperation of the Government of New Hampshire from that of Massachusets Bay, & the low Reduction of Governors fees, by fee biUs & other Means, to almost Nothing, a contingent Profit arising from the Governors Share of Custom House Seizures (which tho' in itself uncertain, has been heretofore reckoned at ^200 sterling com. Annis) has entirely ceased; there having been no Seizures made for some Time, nor none likely to be made, and indeed Profits of this Kind are of so invidious a Nature in this Place, that if they had continued or were like to be revived, the Memor^' would be obliged to sollicit an Equivalent for the Same in 262 BARRINGTON-BERNARD CORRESPONDENCE Order that he might be discharged therefrom, & freed from the Censure occasioned thereby. By these Means the Income of the Governor of the Massa- shusets Bay is reduced to a very narrow Compass con- sisting only of two Articles, Salary 975 -p^? Office fees less than 100 p""?^ to "^1075. The Memorialist apprehends that he need not labour much to shew that 1075 pounds pF Annum is not an honourable Support for a Governor of an exten- sive Populous & rich Province residing in one of the Cheif Capitals in America. He begs Leave to assert that his annual Expences have often exceeded that Sum, & cannot be kept within the Bounds of it, but by an Aconomy which must impair the Dignity of the Office. To put the inadequateness of this Appointment out of all Doubt, It may be sufficient to refer to the neighbouring Province of Nova Scotia, where it has been thought necessary to augment the Salary of the Governor to ^1500 p' an; Notwithstanding that Business & Difficulty of that Government bears no Proportion to that of Massachusets Bay, and the Fees & Perquisites of the former greatly greatly exceed those of the latter. The Memorialist begs Leave to submit the premises to your Lordships Consideration with this Obvious Reflexions arising therefrom; that as well the Precariousness & De- pendency as the Incompetency of the Support of the Kings Governors tend very much to weaken the Authority of Govern- ment & ex-pose it to Disregard & Opposition. This has been frequently observed in some of the royal Goverments which are founded, as it were, in the Plenitude of the Kings Power. But it is much more observable in a Government, the Con- stitution of which has but one royal Ingredient in it (the ap- pointment of the Governor) and all the rest of its Composi- tion Democratical. In such a State the making the Governor APPENDIX II 263 dependent upon the People & lowering him to the levell of them has Effects very hurtful to the Authority & Activity of Government, & such as at the present Time seem to require a speedy Redress. Wherefore the Memorialist humbly prays that your Lord- ship will be pleased, at such Time as shall be proper, to lay the Contents of this Memorial or such Parts thereof as shall deserve Notice before his Majesty in hopes that he May be graciously pleased to take The same into his royal Considera- tion, & order such further Provision for the Support of his Governor of the said Province to be made, as in his great Wisdom the Maintenance of the Dignity & Authority of his said Government shall appear to require Wherefore^ The Petitioner as well on the behalf of himself as of his Successors Governors of the said province most humbly prays your Majesty that you will ^ be graciously pleased to take the prem- isses into your royal Consideration, & make such order ^ therein as to your Majesty in your great Wisdom shall be thought necessary for the Support of your Governor of Massachusets Bay & the honour & Dignity of your said Gov- ernment. And your Petitioner shall ever pray. 1 These lines are on dififerent paper and in different handwriting from the rest of the petition, but in the same handwriting as the corrections on the first page. Some one (perhaps Bernard himself) looked it over, made alterations on the first page and wrote the closing bit. ^ First written "would." ' First written "order some further provision to be Made for." APPENDIX III State of the Disorders, Confusion & Mis-govemment which have prevailed & do still continue to prevail in His ]\Iajesty's Province of Massachusets Bay in America.^ (Jan. 1774) The King ha\'ing thought fit to command that a Slate of the Disorders, Confusion and IMisgovern- ment, which have of late prevailed in the Proxince of Massachusets Bay, should be laid before His Privy Council, for their Adxdce to His JMajesty thereupon, the Papers herein referred to are sub- mitted, as containing all the Material Facts, which shew the distracted situation of that Province. From these Papers it will appear, that, notwith- standing the Colonies in America, by the Nature and principles of the Constitution of this Kingdom, are, and have, by Law, been expressly declared to be, subordinate unto & dependent upon the Imperial Crown & Parhament of Great Britain, and ^ " Bernard Papers," vol. Nnii (Letter Book), p. 182. This paper is in the handwriting of a copyist and not in tliat of Bernard or anj' of his ordinary scribes ; but is most interesting as showing the situation in Massachusetts. It is given in the index under 1773; but on the first jxige of the manuscript in another ink and another handwriting — probably that of Jared Sparks — is the date (Jan. 1774)- 264 APPENDIX III 265 that it hath also been Enacted & declared, that the Kings Majesty by and with the advice and consent of the Lords Spiritual & Temporal, and Commons of Great Britain in Parliament assembled, had, hath, and of Right ought to have, full power and Authority to make Laws of sufficient Force & Va- lidity to bind the Colonies, and People of Amer- ica in all cases whatsoever ; — Yet nevertheless a variety of Illegal, Violent, & Unwarrantable Acts and Proceedings, tending to question & deny that Right and Authority, to subvert the Constitution, and to oppress the Subject, have been committed & done within the Province of Massachusets Bay ; and that the General Court in their Corporate Capacity have not only pursued no Measures, nor provided any means for suppressing the same, and for punishing the Offenders, as it was their Duty to have done ; but that the Council Acting in their separate Capacity as a Board of Advice, have in all Cases where the Authority of the Supreme Legisla- ture was in question, shewn a Backwardness to con- cur in such measures as were judged necessary for the preservation of the Pubhc Peace, and that the House of Representatives have Countenanced & Encouraged such Violent and Illegal Acts, by adopt- ing the same opinions and declaring the same Principles upon which they were grounded. A Narrative of the Material Transactions in the Government of Massachusets Bay, since the Repeal of the Stamp Act, will justify the above observation ; and the Papers themselves, from which it is drawn, will support the Charge it contains. 266 B A RRINGTON -BERNARD CORRESPONDENCE Vide. Bos- The Succcss which had attended Flgitious & Si^iSn- Publications in the Boston Newspapers, on the cis Bernards Subjcct of the Stamp Act, in exciting the popular Letters N9 ^ 21. 22, 23, 24 Tumults which followed the promulgation of that ^^' ^^' Law, was too obvious to escape the Attention of Appendix thosc, who wishcd to see the same opposition given to the Subsequent Revenue Laws ; and there- Paragraph fore when it became known that such Laws were iTMemoria proposcd, or at Icast as soon as they were pub- of CommF? jighed and the concomitant Establishment of of the Cus- toms of 28 Commissioners of the Customs for America had March 1768, t r. • 1 ' i r> 1 1' in Appendix taken placc, the Press again teemed with Publica- tions of the most daring nature, denying the Vide Govf Authority of the Supreme Legislature and tending to Bernards . , , ^-v • • • 7- Letters, Me- excite the people to an Opposition to its Laws. Se'coJS? The Effect of those Publications and the general oftheCus- Disposition of the People to adopt the Principles other Papers they held out, wcre apparent, not only in unwar- to Lord rantable attempts to evade the payment of Duties ough'^s^office iiTfiposed by Act of Parliament, but also in the Rescue by the h^? j^y YoTce of Scizurcs made in Consequence thereof, of the Treas- -^ , m > ury. and in the Grossest Ill-treatment of the Revenue Appendix 2. Officers and of all those who gave their Countenance & Support, several instances of which, in the Years 1766, 1767, & 1768, will be found in the Papers referred to, in some of which instances, the Cases appear to have been attended with very aggravating circumstances of the most daring Insult & Violence. Vide Govr Whilst the Spirit of Opposition to the Authority Letter of 10*^ of Government & to the Laws of this Kingdom Appendix was Confined to Libels in the Newspapers, and to Acts of Violence & Disorder Committed by Indi- APPENDIX III 267 viduals, there was reason to hope that, by a due exertion of the Constitutional powers granted by the Charter, such Unwarrantable Proceedings might have been suppressed and the Authors brought to due punishment : — But it is repre- sented that those cases, in which the Governor thought he could not Act without the advice of the Council, were not only deliberated upon in a manner that apparently shewed they were not dis- posed to concur in any Measures that might be efectual for that purpose; but that those persons from whom the remedy was to be expected were deeply infected with those Principles from the adoption of which these Disorders had arisen. Upon the Election of the Council in May 1766, vide Gov' the Lieutenant Governor, the Secretary, the Judges Letter to the of the Superior Court, and the Attorney General, 7b July 1776 all of which, except the Attorney General, are to l-? shel- stated to have been usually elected Members of their in- closures that Board, were excluded, apparently, as the nos 5 & 6. Governor represents, for no other reason but to no 3. mark a disrespect to the Crown Officers; for the men them selves were of unexceptionable Charac- ters; but no Argument of Justice to them, or Respect to Government, could prevail ; on the contrary, the Lieut* Governor was soon after ex- cluded from being present at the Meetings of the Council, notwithstanding his Claim to such Privi- lege had both reason and usage to support it. In the Interval of the Adjournment of the General Court in 1766, a Transport with two Companies of Artillery was driven by distress of 268 BARRINGTON-BERNARD CORRESPONDENCE Vide Sir Francis Bernards Letter of 24 : Decf 1776 [1766?] Appendix NO 4. Vide Jour- nals of Coun- cil in Assembly of St^p Decem- ber 1766. Vide Govr Bernards NO s of 18: Febry 1767, in Appendix NO 3, & printed Journals of the Assembly in Janry 1767; Pages 229, 230, and 243- Weather into the Port of Boston, and upon appli- cation made to the Gov^ by the Commanding Officer that these Companies might be quartered pursuant to the Act of Parliament, the Gov^ with the Advice of the Council, ordered the Commissary to furnish them with the Articles required by the said Act. When the Assembly met, this matter was moved in the House, and it appearing that the Act of Parliament above referred to had with some other Acts of Parliament been Printed by Order of the Gov*^ & Council, a message was sent to the Council, desiring to be informed by what Authority the said Act or Acts had been so pub- lished, and whether they knew of any Act requir- i' g the Registry of Ordinances which the Legisla- ture there had not consented to. The Council having in Answer to this Message referred the House to the Governor for the Information they desired, the Answer was Voted to be not satis- factory and a Committee was Appointed to take the matter into consideration during the Recess. Upon the Meeting of the Assembly on the 2^^> of January 1767, a Message was sent to the Gov- ernor, desiring to be informed whether any Pro- vision had been made, at the Expence of that Government for the Kings Troops lately arrived in the Harbour of Boston. — In Answer to which the Governor sent them the Copy of the Minute of Council, by which Provision was made for the Artillery Companies, pursuant to Act of Parliament, and also an Account of the Expence that had been incurred. In reply to which they charged this APPENDIX III 269 Measure upon the Governor as a Violation of the Charter, which was, they say, the more grievous to them, as it was justified upon the Authority of an Act of ParHament which was as great a Grievance as the Stamp Act, which took away the unalienable Right of Freedom from all Taxa- tion, but such as they should Voluntarily consent to and Grant. The next important matter taken up by the vide sir Assembly that manifested a Spirit of Opposition Bernards Letter N'' 4 to the Authority of Parliament was that of the of is Feby Circular Letter of the ii'^'' of Feb^ 1768 to the Appendix , . . . • . . No 5 other Colomes, mviting them to concur in Peti- tions for Redress in the Case of the Revenue Laws in which Letter they did at least draw into ques- tion, if not openly deny, the Authority of Parlia- ment to enact Laws binding upon the Colonies in all cases whatever, asserting that the Acts impos- ing duties upon the people of that province with the Sole and express purpose of raising a Revenue were infringements of their natural and Constitu- tional Rights. The same Doctrine and Principles were also held vide Appen- forth in other Letters, wrote by Order of the As- Printed sembly at the same time, to such persons of Rank theAs^en^biy in this Kingdom as they conceived, concurred with 1768 Page them in opinion, and also in a Letter to their Agent, tes. in which Letter a Variety of other Acts of Par- liament and Measures of Government, founded thereon, are stated to be Grievous & oppressive & a Violation of their Charter Rights. The Publication of these Letters, which the 270 BARRINGTON-BERNARD CORRESPONDENCE House ordered to be printed with their Journals, and the Attrocious Publications in the Newspapers, which continued without any control, could not fail of having a very Mischievous Effect. Vide Sir F Qn the 1 8^^ of March the Anniversary of the Bernards -^ March fit R^P^^-l ^f the Stamp Act, some disorders were com- Coimdfof^^ mitted, & the Governor was induced, from many 176^^^'^'^'^ concurrent circumstances to suspect that further Appendix. 6. ^md. greater Violences were intended ; upon which he thought fit to ask the opinion of the Council, whether they would at that time Advise him to take any Measures for securing the peace of the Town and what those Measures should be : to which they replied that as they apprehended there was no danger of any Disturbance, they did not think any Measures necessary to be taken for that pur- pose. But upon the Governors laying before them a Letter from the Commissioners of the Customs, expressing their Apprehensions that Insults would be offered to them, and One of their Officers having made Oath before the Council of his having been threatened with Mischief they Adjourned the Con- sideration of what might be proper to be done to a later hour, when no disturbances being reported to them, they declared their adherence to their former Opinion ; upon which the Governor thought fit to acquaint the Commissioners that he could give them no protection. Smarts^ In the beginning of March 1768 Subscriptions Letter (NO 9) were made and Associations entered into for the of 2i?tMarch Appendix Non-Importation of Goods from Great Britain ; — but this last Measure was at that time defeated. APPENDIX III 271 by the Merchants in other Colonies refusing to concur in it. The Exclusion of the Lieutenant Governor and Vide. Sir F Bernards other Officers of Government from the Council at Letters of 30 May 1767 the General Election in 1766 has already been (no is) and of 30 May- mentioned. The same direspect was shewn them 1768 (no 4). Appendix in 1767, & repeated upon the Meeting of the N^s. General Court in 1768. And whilst the conduct of the Assembly was actuated by such Principles, and such a disposition, in which it is represented that the Council had upon many occasions mani- fested a strong inclination to concur; there was little room to hope that the disorders in the Gov- ernment would abate. On the contrary it appears Vide Sir F 1 • r 1 r^ • r TT 1 • Bernards that m consequence of the beizure of a Vessel in Letter's (5. 6, & 7) nth the Harbour of Boston for Runnmg uncustomed 14*'! and 16*1 fV. c -r June 1768. Goods a Mob was assembled on the 10 •• of Tune ; Appendix NO 9. and that the Collector of the Customs the Comp- troller, and other Officers & Persons who were Assisting in the said Seizure were Violently As- saulted by the said Mob, their Lives endangered, Vide also. Papers re- & the Houses of several of them Attacked & At- ceived from the Treasxiry tempted to be forced ; and that this Riot was fol- on the 224 ^ . . July 1768. lowed by Papers stuck upon Liberty Tree, contain- Appendix ing an Invitation to the people to rise & clear the Country of the Commiss- and their Officers, one of which is said to have been devoted to Death, On the 11^^ of Tune 1768 the Governor recom- Vide. -' ' ^ Journals of mended the State of the Town, under these Vio- the Council on the ii^f^ lences, and Disorders to the Consideration of the & 13*? June ' 1768. Council who advised that such of the Members of the Board, who were Justices of the Peace, should 272 BARRINGTON-BERNARD CORRESPONDENCE make inquiry into the particular facts & Report the same to the Governor in Council, that so they might take proper Measures upon this interesting occasion. The Governor observes however in his Letter giving an Account of this Transaction, that there appeared a disposition in the Council to Meddle with it as httle as possible. On the 13''* of June 1768 the Governor com- municated to the Council a Letter from the Com- missioners of the Customs, complaining that no notice had been taken of the late disturbances in the Town of Boston, whereby they were so imme- diately Affected. — Whereupon the Governor at the desire of the Board, wrote an Answer to the s";id Letter and informed them, that the Board being under no apprehensions of fresh disturbances, when they met last, they had postponed the considera- tion of the Business to that morning. — This being done, the Governor stated his apprehensions that there would be fresh disturbances & urged the con- sideration of Measures for the prevention thereof. But the Council thinking that there was no imme- diate danger of such disturbances advised that the matter should be referred to the Consideration of the General Court. In consequence of this Resolution of the Coun- cil & upon the Governors acquainting the Com- missioners that he could give them no protection & that Boston was no place of safety for them, they went on board His Majestys Ship Romney, & obtained an Order from the Governor for their admission into Castle William, APPENDIX III 273 What is here stated with regard to the proceed- ings of the Council is taken from their Journals; but as many things are related by Gov'' Bernard to have passed at the Meeting on the 13*!' June 1768 which are not stated upon the Journals it may not be improper to refer to the Governor's yide Letter in Appendix Letter to Lord Hillsborough on that subject, dated no g. the 14- June 1768. In this Letter mention is made, that on the 13*'* of June, Notice was given, by a Paper fixed on a Tree, called Liberty Tree, for all those, who in this time of oppression & Distraction wished well to the Town & Province to assemble at that Tree upon the next day : and the Governor relates in yide Letter in Appendix another Letter dated 16'° of June that in conse- n^q. quence of this notice, there was a tumultuous Meeting of the People at the said Tree, from which they Adjourned to the Town Hall, where it was objected they were not a legal Meeting; where- upon they adjourned to the Afternoon, that in the mean time the Select Men might call a Town , Meeting to Equalize the Assembly. In the Afternoon they met in a Meeting House, the Town Hall not being large enough for the Company & M'' Otis was chosen Moderator. The Governor in his Letter to Lord Hillsborough giving an Account of this Transaction, relates that at this Meeting many Wild & Violent proposals were made, but were warded off. Among these were, that every Captain of a Man of War that came into the Harbour, should be under the Command of the General Court; Another was, Vide Boston Gazette of 2oti> of June 176S. Appendix NO 10. 274 BARRJNGTON-BERNAKD CORRESPONDENCE that if any Person should promote or assist the bringing Troops there, he should be deemed a dis- turber of the peace and a Traitor to his Country. But nothing was done finally except the passing a Petition to the Governor and appointing a Com- mittee of 21 Persons to present it to him, & also a Committee to prepare Instructions for their Rep- resentatives & a Letter to M*^ De Berdt, as their Agent, after which they adjourned to the next day. In the Petition & in the Instructions which in consequence were agreed upon & afterwards Pub- lished in the Boston Newspapers it is asserted as a fundamental principle of the Constitution that no Man shall be Governed by Laws nor Taxed but by Limself or Representative legally & finally chosen; & to which he does not give his own consent ; that Laws and Taxes are imposed upon them, to which they have not only, not given their Assent, but against which they have firmly remonstrated, as Violations of their Constitution, and as meant only to support Swarms of Ofl&cers & Pensioners in Idleness and Luxury. — They say that to contend with their Parent State is a dread full Extremity, but that they cannot bear the reflection of tamely submitting without one Struggle, and apprehend that it is in the option & Power of the Governor to prevent them effecting too much, and save them the Reproaches and Shame of attempting to little. That as the Board of Customs have thought fit, of their own Motion, to relinquish the Exercise of their Commission ; and as they cannot but hope that being convinced of the Impropriety & Injus- APPENDIX III 275 tice of such an Establishment and of the inevitable Destruction which would ensue from the Exercise of that Office, they will never re-assume it ; they flatter them selves the Governor will redress the other Grievance, by immediately ordering the Romney Man of War to remove from the Harbour. — That they would maintain their Loyalty to the King, a Reverence & due Subordination to the British Parliament, as the Supreme Legislature in all cases of necessity for the preservation of the whole Empire; but at the same time to assert and vindicate their Dear and Invaluable Rights and Liberties at the utmost hazard of their Lives and Fortunes. — They then state the case of Impressing as a Grievance contrary to an Express Act of Parliament, desire their Representatives will pursue Measures for their Redress, and for preventing Impresses of all kinds, and to promote parliamentary Inquiry, whether the Commissioners of the Customs or any other persons whatever, have really written or Solicited for Troops, & to what end; and that they would forward, if they thought expedient, Resolutions that every such person who shall Solicit or promote the Importation of Troops at this time, is an Enemy to that Town & Province, & a Disturber of the Peace. Whether Proceedings & Resolutions of this vide Printed nature in a Town Meeting, legal only to the pur- Massachu- poses of Election of Officers, and the management of Pages 18, 19. the prudential Affairs of the Town, are, or are not criminal, or if criminal what is the Degree of the Guilt, must be submitted ; but it is necessary to 76 B Vide printed Journals of the Assembly in 1768 — Page 65 — and Journals of Council and As- sembly iS"?" June 1768. Vide Journals of the Council on 229 27 and 29?'' July 1768. tb 1 RRINGTON-BERNA RD CORRESPONDENCE observe, that they were followed the next day by a concurrent Vote of the Council and Assembly, that Inquiry should be made into the Grounds and Reason for the present apprehensions of the People, that Measures have been, and are now taking, for the Execution of the late Revenue Acts of Parlia- ment by a Naval and Military Force. In this situation the Disorders and Confusions which had prevailed in the Town of Boston re- mained unnoticed until the 22°*^ of July when the Governor moved the Council to take into con- sideration some Measures for restoring Vigour and Firmness to Government. Whereupon it was agreed to take up this consideration on the 27^*^ cid to summon such Members as were within such a Distance as to be able to give their Attendance. At this Meeting the Governor recapitulated what had passed relative to the Riot on the 10*^ of June and desired the opinion of the Council what might be done to punish the Perpetrators of those Outrages, to preserve the peace of the Town, and to give such Protection to the Commissioners of the Customs, as that they might return in safety to Boston. The Governor further stated, that the proposi- tion, made at a former Meeting that this Business should be taken up by the General Court at large had produced no effect, and that all the Disorders complained of, & objects recommended to con- sideration, remained unredressed or unprovided for ; that no Measure had been fallen upon to en- able the Commissioners of the Customs to return in safety, to punish the Raisers & Perpetrators of APPENDIX III 277 the Riots and Tumults, or to preserve the peace of the Town and to support the Authority of Govern- ment ; that this neglect would certainly be taken notice of at home, and therefore he required them to give him their full, free and true advice, accord- ing to the Duties of their Office, and the Terms of their Oaths to perform the same; that he had received advice from Gen' Gage, that the Troops at Halifax were ordered to be in readiness in case he (the Governor) should require their Assistance ; in return to which he had informed the Gen! that he would communicate this to the Council, and, if they advised him to require those Troops, he should do so; and if they should not advise him to require them, he should not, being determined in such a business to do nothing without the Advice of the Council; and therefore he desired their advice, whether he should according to Gen* Gage's offer require Troops from Halifax to support the Execution of the Civil power. On the 29*^ of July 1768 the Council made a reply to what had been laid before them by the Governor, in which they state that the Disorders, which happened on the 10*'' of June, arose from the Violent and unprecedented manner in which the Officers of the Customs had made Seizure of the Sloop Liberty. They reminded him of the Order that had been made on the ii^^ of June for the Justices to enquire into the Facts relative to the Riot that had been committed ; they alledged that the matter as it stood, referred to a Committee of the General Court, included a consideration of 278 BARRINGTON-BERNARD CORRESPONDENCE Measures necessary to be pursued for the preven- tion of the like Disturbances for the future ; that the bringing that consideration to a Report and Issue was prevented by what passed in conse- quence of the Orders from Home, by which the Assembly was threatened with a Dissolution, and was finally defeated by the Prorogation, & Disso- lution that followed in consequence thereof ; that they are now ready, upon the first call since their Dissolution, to do every thing in their power to pervent future Disturbances, that with regard to the Commissioners of the Customs, their quitting the Town was a mere Voluntary Act of their own, no Insult having been offered to them nor any Attack upon their Persons or Houses; that the posting Men of War in the Harbour was an Impu- tation on the Loyalty of the Town and a Dis- couragement to its Trade; that if the Commis- sioners had procured those Ships, or had endeavoured to procure Troops to be sent thither, it could not be thought strange that the province entertained no affection for them; that they detested and abhorred the Riots and Disorders, which had been committed, and therefore advised the Governor to direct the Attorney General to prosecute all per- sons Guilty thereof, or that any ways aided or abetted the same, and to Issue a Proclamation for Preventing, suppressing, and punishing all Tumults and unlawful Assemblies ; that, with regard to the Offer made by Gen^ Gage, they were of opinion the Civil Power did not need the support of Troops, and that it was not for His Majestys Service or APPENDIX III 279 the Peace of the Province, that any Troops should be required; and that if any Persons have made appUcation to Gen' Gage for Troops, they deemed them in the highest degree unfriendly to the Peace and good order of the Government, as well as to His Majesty's Service & the British Interest in America. The foregoing Account of what passed in Coun- cil on the I'j^y & 2()^^ of July 1768 is taken from the Journal of their proceedings, but it is sub- mitted whether it may not be adviseable on this occasion to refer to Journals them selves and to the Account given by Gov"" Bernard of these proceed- ings in his Letter to Lord Hillsborough of the 30*^^ B^ma^rds^ of July 1768, where many things are stated that ^ot"^5u/ do not appear upon the Journals, and many Re- )l^^^^^^ marks are made upon the manner in which the ^° "• Council attempt to justify their conduct, in the case of the Riots and Disturbances in the Month of June 1768. The General Court having been dissolved in August 1768, in consequence of the Assembly's Refusal to Rescind the Resolution that gave birth to the Circular Letter of the 11'^'* of March it is necessary to state many Facts & Events of a very extraordinary nature subsequent thereto. Notice has been already taken, in a former part of this Paper, of the attempt made in March 1768, to set on Foot Associations & subscriptions for not importing Goods from Great Britain, and of the causes of the failure of that attempt. — This un- warrantable Measure was however again tryed with Vide Sir F Bernard's Letter of 9'^ Aug' 1768 (NO 17) and Boston Gazette of 8'?" Augt 1768. ■ Appendix NO 12. 280 BARRINGTON-BERNARD CORRESPONDENCE better success in the beginning of August, when most of the Merchants of the Town of Boston entered into and subscribed an agreement, that they would not send for, or Import any kind of Goods or Merchandize from G : Britain some few Articles of necessity excepted from the if of Janry 1769, to the 1^^ of Janry 1770, and that they would not Import any Tea, Paper, Glass, or Painters Colours, until the Act imposing Duties on those Articles should be repealed. On the ^^ of Sept there appeared in the Boston Gazette a Paper containing certain queries, calcu- lated to possess the People with an opinion that the Measures of Parliament with respect to America and those which Government had pursued for the support of them, were of such a nature, as that the Political Union between Great Britain & the Colonies was thereby Dissolved ; and therefore that it was necessary, that a Convention should be held, in order to agree upon a plan for the Govern- ment of that Colony in particular. The Governor alarmed at the Doctrine held out in this Paper & for the consequences which might follow therefrom, if the Troops which Gen^ Gage had informed him were by the Kings Command coming from Halifax, should arrive without the peoples having any Intimation of them, thought fit to give out, that he had private advice that such an Event might be expected. In consequence of this Intelligence being made Public, several private Meetings (as the Governor states it) were held by the Inhabitants of Boston, Vide Boston Gazette of S'l" September 1768. Paper beginning "Reader attend" Appendix No 13. Vide Govr Bernards Letter (NO 22) of 16'? Septr 1768. — Appendix No 14. APPENDIX III 281 in one of which it was the general opinion that they should raise the Country and oppose the Troops; that it was reported & believed that a Resolution was come to in another Meeting to Surprize and take the Castle; and that an Empty Turpentine Barrel was put upon the Pole of a Beacon that had been lately erected without his Consent ; that the Council, alarmed by these Reports and appear- ances, desired a Meeting might be summoned, which was accordingly done ; at which Meeting Orders were given for taking down the Barrel fixed upon the Beacon. On the 12*^^ of Sept^ the Freeholders and other Inhabitants of the Town of Boston Assembled in Vide Boston Town Meetmg at Fanueil Hall, and, after a Prayer Gazette of 19 Septem- upon the occasion by the Revf D^ Cooper, M*^ bar 1768. y-> • • r ^ Appendix Otis was unanimously chosen Moderator, and a no 15. Petition of the Inhabitants, praying that the Town might be legally convened, in Order to Inquire of the Governor the Grounds & Reasons of Sundry Declarations made by him, that Three Regiments might be daily expected there ; and also to con- sider of the most wise, constitutional loyal and salutary Measures to be adopted on such an occa- sion, having been read, a Committee was appointed to make the Inquiry requested, and a Petition to the Governor was framed, praying him to Issue precepts for convening a General Assembly with all speed. At the same time a Committee was Appointed to take the state of Public Affairs into considera- tion, and Report the Measures they apprehend 282 BARRINGTON-BERNARD CORRESPONDENCE the most salutary to be taken in the present Emergency. On the next day to which the Meeting was ad- journed the Committee Reported the following Declaration & Resolves. Vide Boston Gazette oj the ig"* Septenf, 1768, N" 70 J, at tJie Mark N" i. This Report was unanimously accepted and Recorded, and the following Votes were also unani- mously passed, after which the Meeting was dis- solved Viz; Vide as before N";' 2 and j — The following is a Copy of the Circular Letter, written by the Select Men of Boston, and directed to the Select Men of the several Towns within that Province agreeable to the above Votes. Vide as before X° 4 — The foregoing Account of the proceedings of the Town Meeting was printed by their directions in the Boston Gazette of the 19"' of Sept^ but as there are many circumstances relative to what passed at ' this IVIeeting related in Governor Bernards Letter Vide Sir F to Lord Hillsborough of the 16*^ of that Month, Bernard's i • r -. «■ . i r Letter in which appear to be very Material for considera- Appendix .• •- i . - , t 14. tion, it may not be improper to refer to that Letter It may be proper here to repeat what has been before said in respect to the Proceedings of a former Town Meeting that is to say, that whether they are, or are not Criminal, or if so, what is the de- gree of Guilt, must be submitted; but it is also here as in the former case, necessary to observe, that no Steps whatever were taken to suppress so APPENDIX III 283 extraordinary a Proceeding, nor does it appear to have been taken any Notice of by the Council, or by any of the Civil Magistrates in the Colony. On the 22*^ of Sept' a number of Persons, up- wards of 70. being Commees from 66 Towns and Districts, assembled in Convention at Fanueil Hall to consult and advise the most effectual Meas- ures, as might most effectually promote the peace and good order of His Majestys Subjects in that Governm^ at this very dark and distressing time. The first step taken in this extraordinary Con- vention was the Chusing a Chairman and Clerk, and the objects of this choice were the late Speaker and the Clerk of the Assembly, after which they agreed upon a Petition to the Governor, praying that he would summon the Constitutional Assem- bly of the Province in order to consider of Meas- ures for preventing an unconstitutional Encroach- ment of Military power on the Civil Establish- ment, for promoting the Prosperity of the Kings Governor, and the peace, good order, & due Sub- mission of His Majestys Subjects. The Governor however thought fit to refuse the receiving this Petition, assigning for reason that such a reception would be to admit this Conven- tion to a legal Assembly, which he could by no means allow, and therefore admonished them, by Message, to break up instantly and separate themselves before they did any business in order to avoid the consequences of the High Offence they were Committing. In answer to this Message they endeavour to 284 BARRINGTON-BERNARD CORRESPONDENCE justify themselves by stating the grounds on which they Assembled, and by openly disclaiming all pretence to any Authoratative or Governmental Acts; but the Governor refused to receive any Paper from them, and, after having sate for three days, they adjourned to the 3"^ of October when they broke up, finishing their Proceedings with the Publication of a Paper which they stiled, the result of the Conference and Consultation of the Committee's, chosen by a number of Towns and Districts, and convened at Boston on the 22f of Sept' 1768. On the 19*^ of Sepf the Governor communi- cated to the Council the Letters which he had r'^ceived from Gen! Gage & the Earl of Hillsborough informing him of the Orders that had been given for sending to Boston two Regiments from Halifax & two from Ireland and moved the board to give him their Advice in what manner provision should be made for their Reception and Accommodation. As the Answer given to the Governor by the Council on this occasion and what passed in con- sequence thereof, as well as upon the Arrival of the Troops, in respect to the quartering of them in the Town of Boston are very material in the Consideration of the State of the Government of Massachusets Bay and to the Conduct of the Council as a Board of advice & Consultation, and as the subject matter of these transactions cannot be related abstractedly, without a hazard of Mis- leading, it is submitted whether it may not be most adviseable to refer not only to the Journals APPENDIX III 285 of the Council, but also to the Governors Letters to the Secry of State upon the Subject, from which will appear the many difficulties that were created to obstruct the Kings Service on this occasion, the pretences that were used to evade and defeat the operation of the Act of Parliament for Quartering His Majestys Troops in America, and to bring reproach upon, and excite Opposition to the Measures His Majesty had been graciously pleased to pursue for supporting the Civil Magistrates, and enabling them to execute the Law. It was not however in this business alone that the Council are said to have obstructed the Meas- ures of Government ; they are stated by Governor Bernard to have shewn upon every other occasion where they were consulted by him upon matters relative to the State of the Colony, in cases where the Authority of Parliament was in Question, a Resolution to persevere in a conduct that could have no other effect than to increase the Disorders and ill-humours that prevailed and to defeat every step that could be taken for restoring peace and good order in the Town of Boston. — It would be drawing out this paper to too great a length to enumerate all the instances of this disposition which are stated : they are fully set forth in the Governors Letters to the Secretary of State; and it is to this disposition in the Council that he attributes that Weakness in the Government, which rendered ineffectual every Measure that had been directed or proposed for remedying the disorders which had so long existed in that Prov- 286 BARRINGTON-BERNARD CORRESPONDENCE ince, and for supporting His Majesty's Authority, and that of the supreme Legislature. There is one Fact however stated in the Ac- count of the Transactions of this time, which is too material to be passed over in the Considera- tion of the State of the Province as it relates to the Conduct of the Council, which is, the pretence they set up, of acting as a Council of State with- out the intervention of, & separate from, the Governor, and their presuming to Publish, the Minutes of their proceedings, and their Resolu- tions before they were communicated to him. Vide Councils It must howcvcr be observed that the Council Letters Appendix in three Letters to Lord Hillsborough two of the N" i8. 15 of April & one of the i2*|' of June 1769, thought fit to give an explanatory detail of their Conduct in the cases in which they are charged by the Governor with neglect of Duty and want of zeal for the support of Government, to which Letter it may be here proper to refer. — But whatever was the cause to which the Weakness of Government in that Province is to be attributed, the Fact is, that all the unwarrantable proceedings stated in the foregoing Sheets, were committed and done with intire impunity, and though repeated Orders were given to the Governor to pursue every measure for bringing the Offenders to Justice and for mak- ing Inquiry into the Grounds and Causes of the Disorders and Distractions, and every support given that was required to enable the Officers of the Crown and the Civil Magistrates to perform their Duty; Yet these Orders had no effect, & APPENDIX III 287 therefore it was thought fit, in the beginning of the Year 1769 to Submit the State of the Colony to the consideration of ParHament. The result of this Measure will appear in VideReso- the joint Resolutions of both Houses of Parlia- Addresses ment and their Address to the King in February Houses of Parliament 1769. in Feb y The just censure of the proceedings in the prov- ince of Massachusets Bay & of the Conduct of the Council and other Civil Magistrates expressed by both Houses of Parliament in their Resolutions ; and their Approbation of the Measure of sending Troops thither to support and protect the Magis- trates and the Officers of the Revenue were very far from producing the good Effect that might reasonably have been hoped for; a Disposition to deny the Authority and resist the Laws of the supreme Legislature continued still to prevail, not only in flagitious pubhcations in the daily News- papers, but also in a Variety of Violent and un- warrantable Resolutions & proceedings of those Merchants and others who had subscribed to the Agreements for Non Importation of Goods from Great Britain. Meetings of the Associators were held in as Vide— regular a manner as any other Meeting Authorized Account of by the Constitution. — Committees were ap- ations, and . 1 /-^ r 11 T7 1 their pro- pomted to Examme the Cargoes of all Vessels ceedingsin • •<• /-^ -r^ ' ' ITT o consequence arriving from Great Britain, and regular Votes oz. thereof . 1 • 1 -« «■ from Page Resolutions of Censure were passed in these Meet- i to Page 24. ings upon all such as refused to concur in these no 19. unlawful Associations ; and their Names were pub- 288 BARRINGTON-BERNARD CORRESPONDENCE lished in the Public Newspapers as Enemies to their Country. In some cases Goods imported from Great Britain were locked up in Warehouses under the care of these Committees in Order to prevent their being Sold; and, in One or two instances they were re-Shipped to Great Britain. It is not necessary to relate all the unwarrant- able and violent proceedings of these Associators; the nature and Effect of them can only be judged of by reading the proceedings themselves which are here referred to. Vide Sir F On the 31^.'^ of May 1769 the General Court met Bernards Letters N9? at the Court House at Boston pursuant to His II and 12. . Printed Majcstys Writs, and the first step the Assembly Journals of the Assembly tooK, before they proceeded on any other Business Papers 5. 6. 7. 8. 18. 1 g. was to send a Message to the Gov' asserting that 59. 60! 68! 77! the having Ships in the Harbour and Troops in 80. 81. 82~ 1 rr. r tT Appendix the Town of Boston was inconsistent with their NO 20. . Dignity and Freedom & therefore that they had a right to expect that he would give Orders for the removal of the Forces by Sea and Land from that Port, & from the Gates of the City during the Session of the Assembly; & at the same time the House came to several Resolutions to the same Effect as the Declarations contained in their Mes- sage to the Governor. The Governor having in reply to their Message, acquainted them that he had no Authority over His Majesty's Ships in that Port, or His Troops in that Town, nor could give any Orders for the Removal of them; they then proceeded to the APPENDIX III 289 Election of Councillors in which Election not only the Lieutenant Governor & other Officers of Gov- ernment were excluded, but also several other Gentlemen who had been of the former Council ; & who, the Governor represents, had shewn a dis- position to support the Kings Government, to acknowlege the Authority of ParUament and to preserve the people from Democratical despotism, and were otherwise distinguished by their Integ- rity and Ability. On the 13*^ of June the Assembly sent an An- swer to the Governors Message of the 31^* of May, in which he told them he had no Authority over the Kings Ships or Troops. In this Answer they assert that by the principles of the Constitution the Governor of that Colony has the absolute Military Command, that the sending a Military Force there to enforce the Exe- cution of the Laws is inconsistent with the nature of Government & the Spirit of a free Constitution ; that the unwillingness of a people in general that a Law should be Executed was a strong presump- tion of its being an unjust Law, that it could not be their Law, as the people must consent to Laws before they can be obliged in conscience to obey them. Several other Messages passed between the Gov' and Assembly upon the Subject of the Troops, but they are little more than a repetition of the matter that has been already stated, and the altercation ended on the 21^.* of June with a Reso- lution of the Assembly, "That the British Con- 290 BARRINGTON-BERNARD CORRESPONDENCE "stitution admits of no Military Force within the "Realm, but for the purposes of Offensive & de- "fensive War; and therefore that the sending and ''continuing a Military Force within this Colony, "for the express purpose of Aiding & assisting the "Civil Government, is an Infraction of the Natural "and Constitutional Rights of the People, a breach "of the Privilege of the General Assembly, incon- "sistent with that freedom with which this House, "as one branch of the same hath a right and ought " to debate, consult and determine ; and Mani- "festly tends to the subversion of that happy form "of Government which we have hitherto Enjoyed." Whilst the General Court was sitting Intelli- gence was received of the Resolutions of Parlia- ment respecting the Disorders within the province of Massachuset? Bay ; and Authenticated Copies of such of the Correspondence with the Governor as had been laid before Parliament, had been trans- mitted from hence ; upon which the Assembly did on the 7*1^ of July come to several Resolutions, asserting that the Sole right of Imposing Taxes upon the Inhabitants of that Colony was legally and Constitutionally vested in the House of Rep- resentatives lawfully convened according to the Antient and Established practice, with the Con- sent of the Council and of His Majesty the King of Great Britain or of His Governor for the time being; that the Convention in Septem^ 1768 was a measure of necessity, nor could it possibly be Dlegal, as they positively disclaimed all Govern- mental Acts; that the Establishment of a stand- APPENDIX III 291 ing Army in that Colony in time of Peace, without the consent of the General Assembly, was an In- fringement upon the Natural Rights of the People, and a violation of their Charter ; that the sending of an Armed Force, into the Colony, under pre- tence of Assisting the Civil Authority, was an attempt to Establish such a standing Army with- out their consent and was highly dangerous, un- precedented, and unconstitutional ; that too many Persons in Power at home do avow most rancorous Enmity against the Free part of the British Con- stitution, and are indefatigable in their endeavours to render the Monarchy Absolute, & the Adminis- tration Arbitrary in every part of the British Em- pire ; that the Extension of the power of the Courts of Admiralty was highly dangerous & Alarming; that all Trials for Treason Misprision of Treason or for any Felony or Crime whatsoever committed or done in that Colony, ought of right to be had and conducted within the Courts of that Colony; and that the seizing any Person or Persons resid- ing in this Colony, suspected of any Crime what- soever committed therein, and sending such Per- son or Persons to places beyond the Sea, to be Tried, is highly derogatory to the Rights of British Subjects, as thereby the inestimable Privilege of being Tried by a Jury from the Vicinage as well as the liberty of summoning & producing Witnesses on such Trial will be taken away from the Party accused. These are some of the principal Declarations contained in the Resolves of the Assembly; but 292 BARRINGTON-BERNARD CORRESPONDENCE they do also contain a variety of other Assertions of a very dangerous and Malignant nature, tend- ing to inflame the minds of the People against the Kings Government, and against the Governor and Commander in Chief; and Sir Francis Bernard having in repeated Messages to them to make Provision for the Expences that had been incurred in Quartering the Kings Troops, the Sessions ended with an Answer to these Messages, in which they arraign in the Strongest terms, the Justice of the Supreme Legislature in passing the Revenue Laws, and more especially that for Quartering the Kings Troops, and declare their Resolution never to make Provision for the Services pointed out in the Governors Messages. The General Court having, in consequence of these Proceedings, been prorogued by the Governor to the lo^'' of January nothing of any great mo- ment occurred in the Colony, excepting a Con- tinuance of very Violent and unwarrantable Measures for Supporting the Associations for non- Importation of Goods from Great Britain, until the unhappy quarrel between the Towns people of Boston and the Soldiery on the s^^ of March; from the Accounts of which, as well as from the frequent attacks that had, at different times been made upon the Troops, there is much reason to apprehend, that there was a premeditated design to seek occasion, by such quarrels of forcing the Regiment to leave the Town. Since this Event every endeavour has been exerted by the People of Boston to accelerate the Vide Lieut' Govr Hut- chinson's, Coll Dal- rymple and Gen' Gage's Letters — Appendix No 21. APPENDIX in 293 Trial of Capts Preston and the Soldiers who Sur- rendered them selves up to Justice, and to involve the Commissioners of the Customs and their Officers in the guilt of aiding and abetting the Soldiers in (what is called) the Massacre of the People. — And tho' the Courts of Justice have endeavoured to withstand the attempts that have been made to influence their proceedings, yet, there are but too many symptoms of their being awed & terrified by the Violences of the people. It must however be observed that tho' the firm- ness of the Lieutenant Governor, in Negativing in one or two instances, the Election of Persons who have been most forward in opposition to the Authority of the Parliament ; has in some degree checked the dangerous spirit which prevailed, yet he represents that he has only the Shadow of Power without the Council whose Advice or Consent he has never been able to obtain to any proposal he has made for discountenancing the usurpation of the powers of Government by the Town of Boston ; and the People being now possessed with an opinion that they have many Advocates in Parlia- ment who justify them in all they have done the State of the Colony is more desperate than Ever. But this will be better explained by the In- structions from the Town of Boston to their Representatives on the 15*'' of last Month, and by the Messages from the Assembly to the Lieutenant Vide Governor, and his Answers thereto — , No 22 — APPENDIX IV NARRATIVE! The Advices received from Boston, in Letters from GoVr Hutchinson, Admiral Montagu, and the Commandant of the Kings Troops at Castle William, and the Information taken here of Cap* Scott, lately arrived from thence, contain the fol- lowing Facts — Viz f — ist That, in the night between the i^*^ & 2^ of No- vember, anonymous Letters were delivered at the Houses of the Persons Commissioned by the East India Company, for the Sale of Teas sent on their own Account to Boston, requiring them to appear next day at noon at Liberty Tree to make a Public Resignation of their Commission, and Printed notices were posted up in several parts of the Town of Boston desiring the Freemen to meet at Liberty Tree in order to receive such Resigna- tion, and to oblige said Agents to swear they would reship any such Tea to London. 22>, 89, 114-116. Pitt, William, afterwards Earl of Chatham, 10, 22, 34-38, 40, 43, 79, 109, 120, 128. Porter, Mrs., 14, 58, 59. Pownall, John, Secretary of the Lords of Trade, 7, 24, 30, 80, 108. Pownall, Thomas, Governor of Massachusetts, 7, 10, 186. Provincial Governor. See Gov- QUARTERING Act, 186, 195, 207. Representation, American, in Par- liament, 96-98. Romney, man-of-war, 160. 3o6 INDEX Schuyler, Colonel Peter, i, 3. South Carolina, unhealthy dimate of, 141, 181. Sparks, Jared, his collected manu- scripts, vii. Sparks, William, presents manu- scripts to Harvard Umversity, vii. Stamp Act, Bernard's correspond- ence with Gage, 227-240. Stevens, John, 3. Temple, John, Surveyor-General, 46; hostihty to Bernard, 88, 92, 112, 190. Townshend, Charles, 68, 71. Treasury Board, Minute of the, as to provincial governor's power, 223. Troops, British. See British troops. ViRGiNL^, Bernard's views as to the government of, 142 ; offered to Bernard, 154 ; given to Botetourt, 164 ; estimated profits of govern- ment, 173. Writs of Assistance, bill to modify, vetoed by Bernard, 51. H 46 78 IAN 3 1913 ^^•V. 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