... 
 
 
 
 
 I 
 
 
SPEECHES 
 
 OF THE 
 
 GOVERNORS OF MASSACHUSETTS, 
 
 FBOM 
 
 1765 TO 1775 ; 
 
 AXB 
 
 THE ANSWERS 
 
 OF 
 
 THE HOUSE OF REPRESENTATIVES 3 
 
 TO THE SAME ; 
 
 WITH THEJU 
 
 RESOLUTIONS AND ADDRESSES 
 
 FOR THAT PERIOD. 
 
 AXD OTHKR 
 
 PUBLIC PAPERS, 
 
 RELATING TO TUB 
 
 DISPUTE BETWEEN THIS COUNTRY AND GREAT BRITAIN, 
 
 WHICH LED 
 TO THE INDEPENDENCE OF THE UNITED STATES. 
 
 BOSTON : 
 
 PRINTED BY RUSSELL AND GARDNER, 
 mOPllIETORS OF THE WORK. 
 
 1818. 
 
DISTRICT OF MASSACHUSETTS TO WIT : 
 
 District Clerk s Office. 
 
 BE IT REMEMBERED, that on the seventh day of December, A. D. eighteen hun 
 dred and eighteen, and in the forty-third year of the Independence of the United States 
 of America, RUSSELL & GARDNER, of the said District, have deposited in this Office 
 the title of a Book, the right whereof they claim as Proprietors, in the words following, 
 to wit...." Speeches of the Governors of >Iassachuse.tts, from 1765 to 1775; and the An 
 swers of the House of Representatives, to the same ; with their Resolutions and Addresses, 
 for that period, and other Public Papers, relating to the dispute between this country 
 and Great Britain* which led to the Independence of the United States." 
 
 In conformity to the Act of the Congress of the United States, entitled "An act for 
 the Encouragement of Learning , by securing the copies of Maps, Charts and Books, to 
 the Authors and Proprietors of such copies, during the time therein mentioned ;" and 
 also to an act, entitled " An act supplementary to an act, entitled An act for the En 
 couragement of Learning, by securing the copies of Maps, Charts and Boolis,to the Au 
 thors and Proprietors of such copies, during the times therein mentioned ; and extending 
 the benefits thereof to the arts of Designing, Engraving and Etching Historical, and 
 other Prints." 
 
 JOHN W. DAVIS, 
 Clerk of the District of MassQcfaiaiXfJ- 
 
INTRODUCTORY REMARKS, 
 
 , BY THE EDITOR 
 
 THE Independence of the United States of America, with 
 respect to the government of Great Britain, of which, from their 
 first settlement, they had been colonies, thus making a part of 
 that mighty empire, is an event of no ordinary magnitude. The 
 principles, which operated to produce it, are, in a political view, 
 of the highest moment to civilized society ; and the consequences 
 have been such, as not only to exceed alt calculation, and astonish 
 the most sanguine theorist, but to promote, in a wonderful degree, 
 the freedom, the improvement, and the best interests of man. It 
 cannot, then, be a useless labor to collate and preserve the docu 
 ments, which serve to develope the characters, and to exhibit the 
 views and principles of the individuals, who were instrumental in 
 eifccting that glorious event. 
 
 The English, who first settled in North America^ were men of 
 great hardihood and enterprize. And in addition to these lofty 
 qualities, we may also justly attribute to them, with a very few 
 exceptions, an unconquerable love of civil liberty. Perhaps, in a 
 few instances, adventurers to this new world were actuated prin 
 cipally by a love of gain* It is particularly true, however, of the 
 first English inhabitants of Plymouth, Massachusetts, Rhode Island 
 and Connecticut, that they were not only brave and enterprizing, 
 but strongly attached to the principles of civil arid religious free 
 dom. In truth, this sentiment in them was a passion ; and this 
 passion was often raised to enthusiasm. Perhaps, a love of reli 
 gious liberty was their predominant trait of character. Yet they 
 were scarcely less tenacious of their political, than of their reli- 
 
 
 o o < 
 
 - 
 
4 INTRODUCTORY REMARKS. 
 
 gious rights. Many of them were men of education and reflection . 
 They lived too in times when political subjects were much agita 
 ted ; and early imbibed a spirit of free inquiry on questions 
 relating to the end and design of civil government. 
 
 It may be well doubted, whether any people, who were advo 
 cates for religious freedom, ever discovered any indifference to 
 their political condition. It is certain, however, that this incon 
 sistency cannot be justly charged upon our ancestors, the first 
 inhabitants of New England. To enjoy liberty of conscience in 
 religious worship, was their principal object in settling a wild and 
 savage territory, and submitting to the various privations and suf 
 ferings necessarily incident to their situation. But it is abund 
 antly evident from their history, that they early claimed and 
 exercised the powers of self government made laws (as far as 
 was necessary to add to the common law) for the regulation, de 
 fence and support of the colonies,, and openly opposed every 
 attempt to control their own authority in civil concerns, which a 
 mistaken or corrupt ministry in England ever dared to make. 
 They exercised the various prerogatives of sovereignty, by the 
 infliction of capital punishments ; maintaining courts of judica 
 ture, from which, in most cases, there was no appeal ; coining 
 money ; raising and disbanding troops at their own instance and 
 will ; and laying their taxes, without any addition or interference 
 from the government of Great Britain. Yet they acknowledged 
 allegiance to the Crown of England. They boasted of being sub 
 jects of the British King ; and readily yielded obedience to his 
 requisitions, though they claimed the merit of consenting, or of a 
 voluntary compliance. The controling and paramount authority 
 of the King or Parliament even, was not indeed denied* on the one 
 hand, nor exercised, except in a few instances, on the other, but 
 with the assent and approbation of the colonists. 
 
 * Judge Marshall, in the introduction to his Life of Washington, says, "the authority 
 of Parliament to lay taxes on the colonies was denied by the General Court of Massachu 
 setts Bay in 1692." An act of the Governor, Council and House of Representatives of this 
 colony in October, 1692, "setting forth general privileges, declared and enacted," 
 among other things, as follows, (which is the only declaration we have been able to find to 
 that effect) "that no aid, tax, assessment, loan or imposition whatever, shall be laid, as 
 sessed, imposed or levied, on any of their Majesties subjects, on any color or pretence 
 whatever, but by the ast and consent of the Governor, Council and Representatives of the people, 
 assembled in General Court; and that no freeman shall be taken and imprisoned, or de 
 prived of his freehold or liberty ; nor shall he be judged: or condemned, but by the lawful 
 judgment of his Prs, or the laiv of this Province*" 
 
INTRODUCTORY REMARKS. O 
 
 The distinction, however, it must be acknowledged, was never 
 fully settled, between the rights or claims set up by the colonists, 
 and the authority asserted by the King and Parliament of Great 
 Britain. There was no formal decision on the subject, and no 
 opinion seems to have obtained, which was not denied, or assented 
 to with reluctance, either by the advocates of the controling 
 power of the parent country, or by individuals in the colonies. 
 What the people in this country openly and explicitly contended 
 for, was the sole right to lay internal taxes, while at the same 
 time they admitted the authority of the British government to 
 regulate trade and commerce. Whenever the question was agi 
 tated in England, it was there contended, that they might right 
 fully impose additional internal taxes, as well as raise a revenue 
 for the Crown by duties on commercial enterprizes. The only 
 inquiry with the ministry seems to have been, as to the policy and 
 expediency of such measures. 
 
 In the reign of George II. an act of Parliament was passed im 
 posing a duty on sugars, &c. But the duty was small, and the 
 act was not very rigidly executed ; and was, therefore, submitted 
 to without much complaint or opposition. But when, in the reign 
 of George III. in 1764, the former act of George II. was con 
 tinued and enforced, the duty increased, and an impost also laid 
 on the article of molasses brought to the colonies from any other 
 than British plantations in the West Indies, and the jurisdiction 
 of vice admiralty courts was enlarged, by which the people were 
 deprived of trial by juries in all cases relating to revenue arising 
 from these duties, and made liable to unreasonable and oppres 
 sive suits the question was presented, with new and peculiar 
 interest, of the constitutional right of Parliament to lay any taxes 
 or raise any revenue, in the colonies, except in so far as the 
 same should be consented to and voted for by the representatives 
 of the people. 
 
 It was abundantly evident to the apprehension of reflecting 
 men here, that the British ministry of that period, were deter 
 mined to raise a revenue from America, to enable them to meet 
 the demands on that government, then greatly in debt, and the 
 officers of which were supported at an enormous expense. The 
 patriots in this country were resolved to resist this system at the 
 
O INTRODUCTORY REMARKS. 
 
 very outset. Their first objections, however, went rather to the 
 policy and equity -of the measure, than to the right of Parliament 
 to raise and collect a revenue from the colonies, as will be seen 
 by some of the papers in the first part of this volume. They early 
 contended, indeed, that their charter guaranteed to them the 
 right to govern and tax themselves ; and that they and their 
 fathers had suffered much in settling and defending the country, 
 and had incurred a heavy debt for their own protection and that 
 of the other British settlements against the common enemy, which 
 would be a great burden for them for many years of peace and 
 commercial prosperity, which they had little reason to expect, so 
 long as the duties, recently imposed, should be continued. 
 
 This opinion was advanced and urged from considerations sug 
 gested by some expressions in their charter, which seemed to 
 admit of the construction, that the colonists were to enjoy the 
 entire regulation of their own concerns ; for they believed the 
 charter, not so much a grant of privileges, revocable at the plea 
 sure of Parliament, as a contract between the British government 
 and the people who first settled this country, and submitted to 
 various hardships and sufferings for the very purpose of having 
 the right to legislate for themselves. They also pleaded, that 
 they were originally and really Englishmen. They neither 
 claimed nor wished, (at that period,) to be independent of the 
 parent country, but acknowledged themselves as making a part 
 of the British empire ; and therefore contended for a participa 
 tion of all the rights and privileges of British subjects ; one of 
 which, and that fundamental and unalienable, according to the 
 constitution and charter of that free country, was, to be subject 
 to taxation only by consent of their own representatives. It was 
 not, however, till after much oppression, and some hesitancy on 
 the part of the ministry, and the high claims they advanced for 
 royal prerogative and parliamentary authority ; not until the 
 administration pretended to a right to legislate for and bind the 
 colonies in all cases whatever; and did, in fact, impose heary 
 and new duties on all commercial enterprizes ; that the colonists 
 proceeded to deny the constitutional right of Parliament to tax 
 them, and asserted, to the fullest extent, the principle, that all 
 attempts to raise taxes here by the British government, without 
 
INTRODUCTORY REMARKS. / 
 
 the consent of our own legislature, was arbitrary and tyrannical, 
 and ought to be opposed by the real friends of liberty. 
 
 As early as 1765, resolutions were passed by the representa 
 tives of Massachusetts, and opinions were advanced in their replies 
 to the speeches of the governors, who were then appointed by 
 the Crown, claiming the exclusive right of laying taxes on the 
 people in this colony ; and denying the constitutional authority 
 of Parliament to impose them. The year preceding, indeed, they 
 had fully expressed their doubts of the authority of Parliament in 
 this case, and the conclusion was very evident, from the claims 
 set up, and the arguments then advanced, that they did not al 
 low such a right in the government of the parent country. The 
 ministry in England needed additional revenues to pay off the 
 debt of the nation ; and being satisfied also of their right to raise 
 it from the colonies, (though some individuals of great respecta 
 bility in England doubted the right,* and many, the policy, of the 
 measure) they persevered in their plan of laying and collecting 
 imposts ; and thus the administration in England, and the repre 
 sentatives of the people here, were completely and fully at issue. 
 The papers published in this volume will shew the progress of the 
 controversy, and furnish particularly the arguments and opinions 
 advanced by the representatives here in support of the rights 
 claimed for the colonies. 
 
 There appears riot to have been any special causes in opera 
 tion at this period, to produce the dispute between the colonies 
 and the parent country. That such a dispute should, at some 
 period, exist, was perhaps to be expected from the peculiar situ 
 ation, the nature of the original charter, the growing population 
 and prosperity, the spirit and character, of the colonists. But at 
 the time of which we speak, and just previous to (lie controversy, 
 
 * At the time the stamp act passed, and others, providing for raising a revenue on the 
 colonies, several members of the House of Commons opposed the measures, on the ground of 
 their heing inconsistent with the rights granted us by charter. And in 1689, when the Rev. 
 Dr. Mather applied to King William, for a renewal of the charter of this Province, which, 
 had been a few years before vacated, under the arbitrary reign of the Stuarts, Dr. Bwnet, 
 then Bishop of Salisbury, is stated to have said, " that there was a greater sacredness in the 
 charter of New England, than in the corporations in England ; because these were only 
 acts of grace, whereas the charter of New England was a contract between the King and 
 the first patentees. They promised the King to enlarge his dominions at their own charges, 
 provided tkey and their posterity might enjoy such and such privileges. They had per 
 formed their part ; and for the King to deprive their posterity of the privileges therein 
 granted them, would carry a face of injustice in it." 
 
8 INTRODUCTORY REMARKS. 
 
 the attachment of the people here to the government and people 
 of England was never more sincere and ardent. They had lately 
 been united in a war for defence against those considered the nat 
 ural enemies of the English. The promptness and bravery of the 
 provincial troops, and the liberality of the colonial legislatures, 
 in raising an army to act with British regulars, were highly com 
 mended by the. English at home. They knew that the services 
 and expenses of the colonists were of great extent, and served to 
 promote the interests and honor of Great Britain herself. Our 
 people also had been much conversant with the British, and could 
 not but admire many traits of their character. Nor do we be 
 lieve, that the opposition to the authority claimed by the British 
 ministry, and the dispute agitated at this period, is to be attri 
 buted in any degree to a spirit of ambition or rivalship in those 
 who were considered the leaders on the part of the colonies. It 
 will not be pretended that the patriots of that day were not men 
 of like passions with others of our race. And it is possible, that 
 in a few cases, an envious or restless disposition had some influ 
 ence. But we feel confident, that the remark is very generallj 
 true, when we attribute to the leading men in opposition to the 
 measures of the British administration, sincerity, patriotism, and 
 the most upright and disinterested intentions. It surely was not 
 their object to strip others of power, that they might themselves 
 tyrannize over their fellows. It was not their wish to obtain lu 
 crative offices, then in the hands of others, that they might revel 
 in opulence and luxury. Nor can it justly be said of them, that 
 they were either visionary theorists, contending for a form of gov 
 ernment which was impracticable ; or that they were advocates 
 for a democratic and levelling system which would exclude all 
 authority from legislators and rulers, and place men in a situation 
 which they hold by nature. But they did contend for the rights 
 given them by their charter, and to which they were constitu 
 tionally entitled as subjects of the free government of Great 
 Britain ; and therefore bound by no laws, to which their repre 
 sentatives had not, in their name, assented. These rights they 
 strenuously asserted , for these they firmly and perseveringly 
 contended. 
 
INTRODUCTORY REMARKS. 
 
 We mean not to claim for Massachusetts all the merit of oppo 
 sition to the arbitrary measures of Great Britain, nor all the 
 influence which was exerted to effect the revolution. Other col 
 onies were fqrWard and decisive in disapproving of the power 
 claimed by the British ministry, of that period, over the people in 
 these provinces ; and readily united with Massachusetts in mea 
 sures of redress. Virginia, so early as 1765, passed resolutions, 
 declaring their sense of charter rights and privileges, with which 
 the authority then claimed by Parliament to impose taxes, on the 
 colonies, was totally incompatible. 
 
 Before this, and some time in 1764, the Assemblies of New 
 York and Pennsylvania, had presented memorials to the King 
 and Parliament, stating objections to the acts of the British gov 
 ernment for raising revenues in the colonies, and asserting their 
 sole right to impose taxes on their constituents. These last ; 
 though prior, in point of time, to the Virginia resolutions, were 
 not so direct and explicit in the denial of the right claimed by the 
 British ministry to tax the colonists ; but, like the memorial of 
 Massachusetts, in November, 1764, contained a remonstrance 
 against such a measure; and stated, that, by their charter, and ac 
 cording to ancient usage, no taxes ought to be laid, or duties col 
 lected in the colonies without the consent of the Representatives 
 of the people here. We believe, however, that the history of 
 those times will abundantly shew, that the House of Representa 
 tives in Massachusetts was the most firm, systematic and perse 
 vering in its .efforts for the repeal of these oppressive acts, in 
 exciting a just sense of our rights and our dangers, and in rousing 
 the spirit of the people generally to make a solemn, decisive 
 stand, which involved the alternative of liberty or death. 
 
 In January, 1764, the Council and House of Representatives of 
 Massachusetts wrote to their agent in England, respecting the 
 sugar act, before mentioned, as follows : u There are certain acts 
 of Parliament, which contain clauses extremely detrimental to 
 the trade and fishery of this province, the ill influence of which 
 is not confined thereto, but extends to Great Britain itself, par 
 ticularly an act made in the 6th year of his late Majesty, entitled 
 an act for the better securing and encouraging the trade of his 
 Majesty s sugar colonies in America ; whereby, among other 
 
10 INTRODUCTORY REMARKS. 
 
 things, is imposed a duty of six pence per gallon on all molasses 
 or syrups, and five shillings per hundred weight on all sugars of 
 foreign produce imported into any of the plantations of America. 
 This act was originally obtained, and has been continued by the 
 great influence of the sugar colonies, in Parliament, without any 
 prospect of revenue or rational advantage resulting from it, The 
 case, however, is now altered. The ministry have adopted this 
 act, and seem disposed to raise a revenue from it ; for, in pursu 
 ance of orders from the lords of the treasury, the officers of the 
 customs here have lately given public notice, that said act, in all 
 its parts, will be carried fully into execution ; the consequences 
 of which will be ruinous to the trade of this province, hurtful to 
 all the colonies, and greatly prejudicial to the mother country. 
 The cod fishery in this province will be wholly broken up, the 
 yearly amount of which is upwards of ^164,000. The loss of 
 the fishery will occasion more than five thousand seamen to be 
 immediately turned out of employment, who, with most of our 
 shipwrights and other mechanics, will be under a necessity of 
 quitting the province, being utterly unfit for the business of hus 
 bandry ; and after them it is easy to see that a considerable part 
 of our other inhabitants will follow ; so that we shall make a re- 
 frogradation in our condition, and become what we were a 
 century ago, a poor colony of husbandmen, unable to make use of 
 the manufactures of our mother country, and under the necessity 
 of living within ourselves. 
 
 " With regard to Great Britain, a prohibition of our trade to the 
 foreign plantations will lessen her own trade, and increase that of 
 France, her rival and natural enemy." 
 
 u It had been suggested," they observed, " that the original 
 design of the act laying a duty on sugar, molasses, &c. had been 
 altered ; and that it was intended, not as a prohibition or re 
 straint on the trade of the colonies in these articles, but to raise a 
 revenue ; and that other measures for that purpose had been pro 
 posed we cannot, therefore, help expressing our concern upon 
 this occasion. We are empowered by our charter (and his Ma 
 jesty s other colonies are empowered by the commissions under 
 which they are governed,) to raise monies for the support of our 
 government. If duties or taxes are to be laid upon us in any one 
 
INTRODUCTORY REMARKS. 11 
 
 instance, what assurance have we that they will not be so multi 
 plied as to render this privilege of no importance io us ? We 
 have at all times done every thing which could be expected of us 
 in support of his Majesty s government. We are still disposed to 
 do every thing in our power ; and hope it will be thought as rea 
 sonable, that the assemblies of the colonies should determine what 
 monies should be raised upon the inhabitants here, as that the 
 Parliament of Ireland should determine the monies to be raised 
 upon the inhabitants there. The growth of the colonies depends 
 upon the enjoyment of their liberties and privileges."* 
 
 The views and dispositions of the people of Massachusetts may 
 be fully perceived by this statement. In their petition and me 
 morial in November following, they speak more explicitly, and 
 remonstrate against the authority of Parliament to impose taxes 
 on the colonies with more firmness and precision. This memo 
 rial, however, was penned with great temperance and caution, 
 and contained expressions of unshaken loyalty and allegiance to 
 the King. Governor Bernard, in his speech, at the next session 
 of the General Court, complimented them for their great modera 
 tion. 
 
 The phraseology used in the preamble of the bills for raising 
 and granting taxes in the General Court in Massachusetts, would 
 seem to imply very clearly, that the power and right to tax the 
 colonies and to raise monies from them, were exclusively in the 
 houses of assemblies here. It was called a grant to his Majesty, 
 for the use and service of the colony. In February, 1765, two 
 acts passed, in which, by way of preamble, this language and 
 phraseology are used ; one for imposing duties on wines and dis 
 tilled spirits, and the other, a duty of impost and tonnage. And 
 there was always a readiness thus to raise monies by the repre 
 sentatives of the people here, to pay the -troops of the colonies 
 which had been enlisted by requisition of the Kin, and to pay 
 debts incurred for the common defence. 
 
 It was soon evident, however, that the ministry were resolved 
 to raise a revenue from the colonies for the support of govern 
 ment ; though it was pretended it was necessary and should be 
 
 * The committee who prepared this letter were T. Hutchinson, J. Bowdoin, Judge Ru~ 
 sell, O. Thacher, and Mr. Tyler. 
 
12 INTRODUCTORY REMARKS. 
 
 applied to pay the troops stationed on oar frontiers for the defence 
 of the colonists, and to lessen the debt already incurred for our 
 protection. The ministry, indeed, appeared willing to compro 
 mise with the colonies, when they objected to the acts imposing 
 duties ; and proposed, that the tax should be such as they them 
 selves should desire, provided they raised the amount required 
 of them. The reply of the Representatives of Massachusetts was, 
 that by paying the debt incurred by the colony in prosecuting 
 the late war, we should be taxed to a very great amount, and 
 fully equal, considering our population and wealth, to the tax 
 which the parent country would have to raise for the same pur 
 pose. They declared their unwillingness to add to the burdens 
 of the people, and expressed the opinion, that it would be arbi 
 trary and unconstitutional, as well as oppressive in the Parliament, 
 to impose any other taxes.* 
 
 The stamp act was not passed at the session, when first pro 
 posed ; so that the people here had time to consider its nature 
 and consequences. And with this in apprehension and under the 
 operation of those before mentioned, a great excitement was pro 
 duced in the public feelings, and an open and decided opposition 
 was generally expressed against the authority of Parliament thus 
 assumed to tax the colonies. This act was considered, indeed, as 
 the prelude to still more oppressive and despotic measures. The 
 people refused to purchase or use the stamps ; and the persons 
 appointed to distribute them were, in some instances, treated 
 with gross insult. Some riots ensued, which were very unjustifi 
 able ; and which the most decided advocates for colonial privi 
 leges did not attempt to excuse. But it was pretended by the 
 officers and friends of the British ministry, that the men of influ 
 ence here did not exert their influence to punish the authors of 
 these disturbances ; and representations were made to those in 
 authority in England, that an armed force was necessary to pre 
 serve the peace of the province. In April, 1765, the mutiny bilj 
 
 * Mr. Agent Jack%on, in a letter to Governor Bernard, February, 1765, says, " In the 
 course of the debates in both Houses, on repealing the stamp act, it has appeared, that 
 it never was the practice of England, to lay internal taxes on her dominions which were 
 - not represent. or that, if this practice was ever varied from, it was always complained 
 of, and the practic ? either dropped, or a representation, called to sit in Parliament soon 
 after." 
 
INTRODUCTORY REMARKS. 13 
 
 was introduced into Parliament, under the pretence of rebellion 
 in Massachusetts, and to justify the sending and stationing of 
 regular troops in the colonies. It was soon discovered that sev 
 eral men high in office and power here, had given exaggerated 
 statements of the views and conduct of the people ; and that the 
 acts complained of, as destructive of our freedom, had been 
 adopted in consequence of such representations. This increased 
 the excitement among the people, and the situation of the coun 
 try became more critical and alarming. In general, however, 
 popular tumult was restrained, and the fervor of the people, some 
 times greatly augmented by the measures of the British ministry 
 at home, or of their officers here, was limited and controled. 
 
 That no greater extravagancies were committed, at that period 
 of popular excitement and commotion, must be attributed to the 
 sober and moral character of the people in the colony ; who, 
 though enthusiastically attached to civil liberty, were habituated 
 to obedience of all lawful authority, and readily acknowledged 
 the necessity of maintaining the legitimate power of government. 
 
 They opposed the measures of the British ministry from prin 
 ciple. And their conduct was firm, consistent and persevering in 
 attaining the object for which they contended. The struggle was 
 perilous, but the issue was successful and glorious. It is unne 
 cessary, however, to narrate in detail the measures adopted, and 
 the events which occurred from this time to the period when a 
 resort was had to force, and war actually commenced between 
 the colonies and Great Britain. This statement, concise and 
 imperfect as it is, it was believed might be useful, as introductory 
 to a perusal of the papers now given to the public in this volume. 
 
 NOTE. 
 
 As the question, agitated at the period, for which this volume 
 furnishes public documents, viz. the authority of Parliament to 
 make laws for the colonies, was one which occasioned the great 
 collision between England and this country, and was, indeed, 
 
14: INTRODUCTORY REMARKS. 
 
 the principal matter in controversy, it is thought proper to add 
 here, the following notices, which the Editor has collected, since 
 preparing the foregoing remarks. 
 
 In 1640, a motion was made to Governor Winthrop and his 
 Council, to send some person to England, to solicit favors and 
 privileges of Parliament. But they declined ; observing, " that, 
 if they should put themselves under the protection of Parliament, 
 they should be subject to all such laws as might be imposed on 
 them; in which, though their good might be intended, great in 
 jury might really be done them." Referring to this, Governor 
 Trumbull remarks, " as at that early period, so it hath been 
 ever since, that the colonies, so far from acknowledging the 
 Parliament to have a right to make laws binding on them in all 
 cases, have denied [or rather not acknowledged] it in any 
 case." In June, 1661, the General Court adopted the follow 
 ing resolutions, viz. "We conceive the patent, under God, to 
 be the first and main foundation of our civil polity, by a Gover 
 nor and Company. The Governor, Deputy Governor, Assist 
 ants, and Representatives, have full power and authority, both 
 legislative and executive, for the government of the people 
 here, concerning both ecclesiastics and in civils, without ap 
 peals, excepting laws repugnant to the laws of England. We 
 conceive any imposition, prejudicial to the country, contrary to 
 any just laws of ours, not repugnant to the laws of England, to 
 be an infringement of our rights. This government hath also 
 power to set up all sorts of officers, as well superior as inferior, 
 and point out their power and places." 
 
 Governor Endicott, in the name of the General Court, about 
 the same period, supplicated King Charles II. " for his gracious 
 protection of the people here, in the continuance of civil privi 
 leges and religious liberties, the enjoyment of which was the 
 known end of suing for the patent confirmed upon this planta 
 tion by his royal father ;" and " if the King or Parliament should 
 demand what those privileges are, which we desire the contin 
 uance of, (the committee of the General Court say to their 
 agents,) your answer may be, all those which are granted us by 
 patent, which we have hitherto enjoyed, without any other 
 
INTRODUCTORY REMARKS. 15 
 
 power imposed over us, or any other infringement of them, 
 which would be destructive to the end of our coming hither; as 
 also that no appeals may be permitted from hence in any case, 
 civil or criminal, which would be an intolerable burden, and 
 render authority and government vain and ineffectual." Sir 
 W. Jones, Attorney General, told King James, " that he could 
 no more grant a commission to levy money on his subjects in 
 Jamaica, (though a conquered island,) without their consent, 
 than they could discharge themselves from their allegiance to 
 the English Crown." Even in 1766, the very year Parliament 
 declared their right to impose taxes, and to make laws for the 
 colonies in all cases, the Governor here was instructed (by the 
 British ministry, in the name of the King) to " recommend" to 
 the General Court to make compensation to those who suffered 
 by the riots in August, 1765. 
 
 In 1757, when Lord Loudon, then first in military command 
 in the colonies, directed that some British troops should be quar 
 tered in Boston, and called also upon this province for more 
 troops, the General Court did not consider themselve obliged 
 to comply merely on. this requisition. But they debated the 
 matter 5 they claimed the right of deciding on the request. 
 They even refused, for a time, to quarter the troops in the town 
 of Boston, and they insisted that a law of the province was ne 
 cessary to legalize any such requisition. " We conceive," they 
 said, " that when his Majesty s forces are to be quartered in 
 the province, an act of the Legislature is requisite to empower 
 the civil magistrates to do it." " We beg leave further to ob 
 serve, that the inhabitants of this province are entitled to the 
 natural rights of English born subjects ; that by the royal char 
 ter, the powers and privileges of civil government are granted 
 to them ; that the enjoyment of these rights, powers and privi 
 leges, is their support under all burdens and pressures ; the loss 
 or hazard of them will deject and dispirit them." The charter 
 did not allow even the King s Governor to carry the inhabitants 
 out of the province, without the consent of the General Court. 
 In 1761, Secretary Oliver, by order of the General Court, wrote 
 to Mr. Agent Bollan, in England, that the Legislature here, con 
 sidered they had a right by charter to pass a law, which should 
 
16 INTRODUCTORY REMARKS. 
 
 suspend even a former law, assented to and approved by his 
 Majesty, (which was necessary as to some particular acts passed 
 here) until his Majesty s pleasure was known ; and he was di 
 rected to defend to the utmost, the General Court s power of 
 legislation, in its full extent, according to the charter. 
 
MASSACHUSETTS STATE PAPERS. 
 
 1765 1775. 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
 REPRESENTATIVES, OCT. 18, 1764. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives. 
 
 i IN the last session I informed you of my determination to 
 avoid frequent sessions as much as possible ; and therefore I de 
 sired that you would not postpone any public business, that could 
 not conveniently wait till the winter ; it not being my intention 
 to have another session before that time, unless something unex 
 pected and unforeseen should require it. And accordingly, you, 
 gentlemen of the House of Representatives, made such provisions 
 as you thought sufficient, for instructing your agent, and other 
 wise supporting your interest at Great Britain, under the present 
 exigencies ; which have not, that I know, been materially altered 
 since that time. 
 
 Nevertheless, as several gentlemen of both Houses have signi 
 fied to me their apprehension that some further provisions are 
 still necessary, for the maintaining the territorial rights and com 
 mercial interests of this Province, by a proper representation of 
 the same, I have thought fit to call you together at this time, in 
 convenient incfeed in regard to the season of the year, but timel j 
 for the business for which you are assembled. 
 
 And now you are met, I shall leave you to your own delibera 
 tions : It may be thought, perhaps, that I am not impartial and 
 independent enough to be your counsellor ; but I am sure, I am 
 truly and heartily a friend to your real interest. As such, I shall 
 take upon me to recommend to you, at this time more than ever, 
 3 
 
18 MASSACHUSETTS STATE PAPERS. 
 
 unity, prudence, and moderation : the first is necessary to give 
 your resolutions due weight ; the next to direct them to proper 
 purposes ; and the last to obtain for them a favorable hearing. 
 
 FRA. BERNARD. 
 Council Chamber, October 18, 1764. 
 
 ANSWER 
 
 OF THE COUNCIL AND HOUSE OF REPRESENTATIVES, TO THE FOREGOING 
 SPEECH, NOVEMBER 3, 1764. 
 
 May it please your Excellency. 
 
 YOUR Excellency s speech to the two Houses, gives us great 
 pleasure, as it furnishes us with an opportunity of expressing our 
 sentiments to your Excellency on*a matter of the last importance, 
 not only to this Province in particular, but to the colonies in gen 
 eral. What we refer to, and what your Excellency s speech refers 
 to, is the late act of Parliament for granting certain duties in 
 the British colonies and plantations in America ; to which act we 
 humbly apprehend we may propose our objections, at the same 
 time we acknowledge it to be our duty to yield obedience to it while 
 it continues unrepealed. With your Excellency s leave we shall 
 here just touch upon the principal grievances which we apprehend 
 ourselves under by means of said act, and would humbly submit 
 them to the consideration of our superiors at home. The most ma 
 terial are these, that said act essentially affects the civil rights and 
 commercial interests of the colonies ; and affecting these last, will 
 proportionally affect the commercial interests of Great Britain. 
 The civil rights of the colonies are affected by it, by their being de 
 prived, in all cases of seizures, of that inestimable privilege and 
 characteristic of English liberty, a trial by jury. The courts of 
 admiralty, at which such cases are triable, are constituted without 
 juries 5 and not only so, but interested in the event of the trial. 
 In all condemnations, the judge and officers, according to the prac 
 tice of that court, have a twentieth part of the whole value of the 
 articles condemned ; but in case of acquittal are entitled only to 
 customary fees, which, in many instances, bear but a small propor 
 tion to the amount of said twentieth. The manifest tendency of 
 which is, to produce decrees of condemnation, where there is no 
 just cause of seizure; though with respect to the present judge for 
 thisProvince, we apprehend he is not to be biassed by such a motive. 
 In regard of the commercial interests of the colonies, they are 
 affected in a double respect by the method of procedure in cases 
 of forfeiture, and by the duty laid on some of the enumerated arti- 
 
MASSACHUSETTS STATE PAPERS. 19 
 
 cles. With respect to the first, all forfeitures and penalties in 
 flicted by said act, or any other act of Parliament relating to the 
 trade arid revenues of the colonies, and incurred here, may, at 
 the election of the informer or prosecutor, be prosecuted, either in 
 any court of admiralty in the said colonies where the offence shall 
 be committed, or in any court of vice admiralty which may be ap 
 pointed over all America. 
 
 The last mentioned court has been appointed and now exists ; 
 and all prosecutions referred to in the act may be brought to it. 
 In which case, the claimant, as some construe the act, may have 
 five hundred leagues to travel in order to enter his claim ; it being 
 very supposable that the prosecutor would lay him under all pos 
 sible difficulties to prevent his claiming 5 in which case he would be 
 sure of a decree in his favor. And though the claimant should be 
 put to the difficulty and expense of going that distance, he will not 
 be permitted to enter his claim until sufficient security be first giv 
 en by persons of known ability, in the penalty of a certain sum, to 
 answer the costs and charges of prosecution/ And in default of 
 giving such security, the ship or goods shall be adjudged forfeited, 
 and condemned. After all this difficulty and expence, (however 
 unreasonably) brought upon him, if sentence shall be given for the 
 claimer, ana it shall appear to the judge that there was a probable 
 cause for seizure, he shall certify that there was such probable 
 cause ; and in that case, the defendant shall not be entitled to any 
 costs of suit whatever 5 nor shall the persons seizing be liable to 
 any action on account of such seizure. This being very obvious, 
 the grievances which must follow, need no illustration ; and there 
 fore we shall proceed to mention wherein the commercial interests 
 of the colonies are affected by the duty and restraint laid on some 
 of the enumerated articles. We shall instance in the fishery and 
 lumber trade only. In respect of the first, it will be greatly di 
 minished by means of the duty on foreign molasses. Our pickled 
 fish wholly, and a great part of the cod fish, are fit only for the 
 West India market. The British Islands cannot take oft* one 
 third of the quantity caught ; the other two thirds must be lost, or 
 sent to the foreign plantations, where molasses are given in ex 
 change. The duty on this article will greatly diminish its impor 
 tation hither ; and being the only article allowed to be given in 
 exchange for our fish, a less quantity of the latter will of course be 
 exported. The obvious effect of which must be the diminution of 
 the fish trade, not only to the West Indies, but to Europe ; fisk 
 suitable for both those markets being the produce of the same voy 
 age. If, therefore, one of these markets be shut, the other cannot 
 be supplied. The loss of one is the loss of both, as the fishery 
 must fail with the loss of either. 
 
 In respect to lumber, it is not to be sent to any part of Europe, 
 excepting Great Britain. The hardship of this restraint appears 
 the greater, as that article does not interfere with the produce of 
 
20 MASSACHUSETTS STATE PAPERS. 
 
 Britain ; and the colonies have an ample fund of it to supply every 
 demand, not exclusive of her own. 
 
 Now these duties, restraints and regulations, we humbly appre 
 hend will greatly affect the commercial interests of our mother 
 country. It is certain they will lessen the trade of the colonies., 
 which is the source of their ability to pay for the British manufac 
 tures they consume. In the proportion that this source fails, the 
 importation and consumption of those manufactures will lessen.* 
 
 The national debt is heavy, and we suppose the American act 
 was intended to lighten it. But, without entering into the consi 
 deration of the propriety of such a measure, it is probable it will 
 not answer that intention. The only certain effect of it will be, the 
 diminution of the trade of the colonies, and a proportionable diminu 
 tion of the trade of GreatBritain. The circumstances of the colonies, 
 however opulent they may be represented, will not admit of money 
 being drawn from them by taxes or duties ; and this is demonstra- 
 bly evident from this single fact, that the balance of their trade with 
 Great Britain has perpetually been and still is against them. And 
 all the bills of exchange, and silver and gold, which are the pro 
 duct of their other trade, are not sufficient to pay this balance. 
 This we know and feel to be fact with regard to this Province. 
 Whatever, therefore, is taken from us by way of tax, will occasion 
 just so much deficiency in the payment of said balance, and event 
 ually will be just so much loss to the trade of Britain. 
 
 This being the case, with the utmost deference to our superiors, 
 we humbly apprehend it would be for the interest of our mother 
 country, instead of drawing money from the colonists by taxes, 
 to encourage their trade, and to let it expand as far as their genius 
 and inclination could carry it, with this limitation only, that it 
 should not interfere with her own produce and manufactures. The 
 encouragement of their trade would enable the colonists, not only 
 to pay their balances to Britain, but to take larger quantities of 
 her manufactures ; the demand for which would be continually in 
 creasing with their growth, till it would equal the present capacity 
 of Britain to supply. 
 
 Thus we have given your Excellency some observations on the 
 act, and here and also in our memorial to the honorable House of 
 Commons upon the subject of said act, and the proposed stamp 
 duty, represented how the colonies, and Great Britain will proba 
 bly be affected by them. What we have to request is, that your 
 Excellency would please to lay these observations, and also a copy 
 of said petition before his Majesty s ministers, and represent to 
 them their grievances which we have mentioned arising from the 
 said act, and such as we apprehend would be caused by a stamp 
 duty ; and in the name of the two Houses earnestly to beseech the 
 
 * In the original draft, the idea was suggested, that the colonists would be obliged to manu 
 f acture for themselves, which would soon operate to the injury of the British manufactures. 
 
MASSACHUSETTS STATE PAPERS. 21 
 
 favor of their influence to ease us of the burden of the first, and 
 remove from us the apprehensions of the latter. 
 
 [Signed, A. Oliver, Secretary, and S. White, Speaker. The 
 committee who reported it, were B. Lincoln, I. Erving, I. Bow- 
 cloin, T. Hubbard,and H. Gray, of the Council ; Col. Clap, Col. 
 "Waldo, Capt. Saunders, Mr. Hall, Gen. Winslow, and Mr. Lee, 
 of the House/] 
 
 PETITION 
 
 OF COUNCIL AND HOUSE OF REPRESENTATIVES, TO THE HONORABLE 
 HOUSE OF COMMONS, NOVEMBER 3, 1764. 
 
 To the Honorable the Commons 
 of Great Britain, in Parliament assembled. 
 
 THE petition of the Council and House of Representatives of 
 his Majesty s Province of Massachusetts Bay, 
 
 Most humbly sheweth, 
 
 That the act, passed in the last session of Parliament, entitled 
 " an act for granting certain duties in the British colonies and 
 plantations in America," &c.* must necessarily bring many burdens 
 upon the inhabitants of these colonies and plantations, which your 
 petitioners conceive would not have been imposed, if a full repre 
 sentation of the state of the colonies had been made to your hon 
 orable House 
 
 That the duties laid upon foreign sugars and molasses by a for 
 mer act of Parliament, entitled " an act for the better securing and 
 encouraging the trade of his Majesty s sugar colonies in America," 
 if the act had been executed with rigor, must have had the effect of 
 an absolute prohibition 
 
 That the duties laid on those articles by the present act still 
 remain so great, that, however otherwise intended, they must un 
 doubtedly have the same effect 
 
 That the importation of foreign molasses into this Province in 
 particular, is of the greatest importance, and a prohibition will be 
 prejudicial to many branches of its trade, and will lessen the con 
 sumption of the manufactures of Great Britain 
 
 That this importance does not arise merely, nor principally, 
 from the necessity of foreign molasses in order to its being con 
 sumed or distilled within the Province 
 
 * In the 4th year of George III. an act of Parliament was pnsVd, granting certain duties 
 in the British colonies and plantations in America ; and for continuing, amending and mak 
 ing perpetual, an act passed in the 6th year of George II. entitled " an act for the better se 
 curing and encouraging the trade of his Majesty s sugar colonies in America," &c. By this 
 act, the former duties on sugars and molasses, imported into the British provinces, in Ame 
 rica, from any plantation or colony not under the dominion of Great Britain, (which must be 
 very strictly collected,) were continued and increased. The most rigid regulations were im 
 posed for collecting the duties ; and courts of admiralty, and of vice-admiralty, in any part 
 of America, were to take cognizance of all actions on seizures, complaints, &c. 
 
S2 MASSACHUSETTS STATE PAPERS. 
 
 That if the trade, for many years carried on, for foreign molas 
 ses, can be no longer continued, a vent cannot be found for more 
 than one half the fish of inferior quality which are caught and 
 cured by the inhabitants of the Province, thej?rench not permitting 
 fish to be carried by foreigners to any of their islands, unless it be 
 bartered or exchanged for molasses 
 
 That if there be no sale of fish of inferior quality, it will be im 
 possible to continue the fishery ; the fish usually sent to Europe 
 will then cost so dear, that the French will be able to undersell 
 the English at all the European markets ; and by this means one 
 of the most valuable returns to Great Britain will be utterly lost, 
 and that great nursery of seamen destroyed 
 
 That the restraints laid upon the exportation of timber, boards, 
 staves and other lumber from the colonies to Ireland and other 
 parts of Europe, except Great Britain, must greatly affect the 
 trade of this Province, and discourage the clearing and improving 
 of the lands which are yet uncultivated 
 
 That the powers given by the late act to the court of vice ad 
 miralty, instituted over all America, are so expressed as to leave 
 it doubtful, whether goods seized for illicit importation in any one 
 of the colonies may not be removed, in order to trial, to any other 
 colony, where the judge may reside, although at many hundred 
 miles distance from the place of seizure 
 
 That if this construction should be admitted, many persons, how 
 ever legally their goods may have been imported, must lose their 
 property, merely from an inability of following after it, and making 
 that defence which they might do, if the trial had been in the colo 
 ny where the goods were seized 
 
 That this construction would be so much the more grievous, 
 seeing that in America the officers, by this act, are indemnified in 
 case of seizure, whenever the judge of admiralty shall certify that 
 there was probable cause ; and the claimant can neither have 
 costs nor maintain an action against the person seizing, how much 
 soever he may have expended in defence of his property 
 
 That the extension of the powers of courts of 
 
 has, so far as the jurisdiction of the said courts hath been ex 
 tended, deprived the colonies of one of the most valuable of En 
 glish liberties, trials by juries- 
 
 That every acTofParliament, which in this respect distinguish 
 es his Majesty s subjects in the colonies from their fellow sub 
 jects in Great Britain, must create a very sensible concern and 
 grief 
 
 That there have been communicated to your petitioners sundry 
 resolutions of the House of Commons, in their last session, for 
 imposing stamp duties or taxes upon the inhabitants of the colonies, 
 the consideration whereof was referred to the next session 
 
 That your petitioners acknowledge with all gratitude, the ten 
 dencies of the legislature of Great Britain of the liberties of the 
 
MASSACHUSETTS STATE PAPERS. 23 
 
 subjects in the colonies, who have always judged by their repre 
 sentatives both of the way and manner, in which internal taxes 
 should be raised within their respective governments, and of the 
 ability of the inhabitants to pay them 
 
 That they humbly hope the colonies in general have so demean 
 ed themselves, more especially during the late war, as still to de 
 serve the continuance of all those liberties which they have hith 
 erto enjoyed 
 
 That although, during the war, the taxes upon the colonies 
 were greater than they have been since the conclusion of it, yet 
 the sources by which the inhabitants were enabled to pay their tax 
 es, having ceased, and their trade being decayed, they are not so 
 able to pay the taxes they are subjected to in time of peace, as 
 they were the greater taxes in time of war 
 
 That one principal difficulty, which has ever attended the trade 
 of the colonies, proceeds from the scarcity of money, which scarcity 
 is caused by the balance of trade with Great Britain, which has 
 been continually against the colonies 
 That the drawing sums of money from the colonies, from time 
 to time, must distress the trade to that degree, that eventually 
 Great Britain may lose more by the diminution of the consump 
 tion of her manufactures, than all the sums which it is possible 
 for the colonies thus to pay can countervail 
 
 That they humbly conceive, if the taxes which the inhabitants 
 of this Province are obliged annually to pay towards the support 
 of the internal government, the restraint they are under in their 
 trade for the benefit of Great Britain, and the consumption thereby- 
 occasioned of British manufactures be all considered, and have their 
 due weight, it must appear, that the subjects of this Province are 
 as fully burdened as their fellow subjects in Britain, and that they 
 are, whilst in America, more beneficial to the nation, than they 
 would be if they should be removed to Britain, and, there held to 
 a full proportion of the national taxes and duties of every kind. 
 
 Your petitioners, therefore, most humbly pray, that they maybe 
 relieved from the burdens, which they have humbly represented to 
 have been brought upon them by the late act of Parliament, as to 
 the wisdom of the honorable House shall seem meet, that the priv 
 ileges of the colonies relative to their internal taxes, which they 
 have so long enjoyed, may still be continued to them, or that the 
 consideration 01 such taxes on the colonies may be referred, until 
 your petitioners, in conjunction with the other governments, can 
 have opportunity to make a more full representation of the state 
 and condition of the colonies and the interest of Great Britain 
 with regard to them. 
 
 Signed by S. WHITE, Speaker. 
 
 A. OLIVER, Secretary. 
 
 November 3, 1764. 
 
 [This petition was altered several times, after it was first read and 
 adopted in the House of Representatives, The Council objected 
 
24 MASSACHUSETTS STATE PAPERS. 
 
 to two or three sentences, some of which were omitted. There 
 was finally a committee of conference of the House of Represent 
 atives and of the Council ; and the result was to retain the words 
 " rights" and " liberties" in several places,instead of " privileges," 
 which had been substituted by the Council. The committee were 
 J. Otis, jr. O. Thacher, and Col. Clap, of the House; T. Hutcliin- 
 son, J. Otis, and E. Trowbridge, of the Council.] 
 
 Extract of a letter from the Committee of Council and House of 
 Representatives, to their Jlgent in England, accompanying the 
 foregoing petition. 
 
 IN their letter to Agent Mauduit, accompanying this petition, 
 the committee of the Council and House of Representatives, ob 
 serve, " that the late act of Parliament," imposing additional du 
 ties on molasses, &c. imported into the colonies, " affects this col 
 ony more than any other :" and they say, " that they have been 
 induced thus to petition and remonstrate," respecting said act, and 
 the bill for duties on stamp paper, &c. then pending before Parlia 
 ment, in consequence of a suggestion made by the agent and another 
 gentleman in England, " that a decent remonstrance might procure 
 some relief." And in their petition they say, " we have endeavor 
 ed to avoid giving offence, and have touched upon our rights in 
 such a manner, as that no inference can be drawn, that we have gi 
 ven them up, on the one hand, nor that w set up in opposition to 
 the Parliament, nor deny that we atg bouira to the observance of 
 acts of Parliament, on the other. {But in a letter to you, we may 
 be more explicit on this point a right, the people of the colonies 
 have undoubtedly by charter and commissions to tax themselves. 
 So far as the Parliament shall lay taxes on the colonies, so far they 
 will deprive them of this right. If the first settlers of the colonies 
 had not imagined that they were as secure of the enjoyment of this 
 right as of their titles to their lands, in all probability they would 
 never have left England, and no one colony could have been set 
 tled." 
 
 Acts of Parliament, it will be said, are above charters, and 
 can annihilate them. It is true. So one act of Parliament may 
 infringe upon them. And, perhaps, there would be no greater 
 reason for complaint in that case, than when the rights of a cor 
 poration in England, or in the colonies are infringed : to be sure 
 not greater, than when what are deemed the fundamentals of the 
 English constitution are changed, with respect to any considerable 
 part of the subjects. Such fundamentals, we deem the right of 
 being taxed by our own representatives only 5 and the rights to 
 trials by juriesN Upon the latter, we have said the less in our pe 
 tition, becauseToy the charter, the power of appointing courts of 
 admiralty, where no juries are in use, and which are the only occa 
 sions of our complaints upon that head, is reserved to the Crown. 
 But then it must be remembered, that all seizures for illicit trade 
 
MASSACHUSETTS STATE PAPERS. 25 
 
 are tried in the exchequer in England by juries ; and that we 
 have no reason to suppose, that our ancestors, when they accepted 
 the charter, imagined the powers of courts of admiralty would be 
 extended beyond what they are in England and as for the newly 
 constituted court of admiralty, if the judge takes cognizance of 
 all maritime matters and all offences which have been usually tried 
 by courts of admiralty in America, and which may arise in any 
 part of the colonies, it may bring such oppression upon the sub- 
 jedts^as will be insupportable." 
 
 <^In point of equity, JJLC think we may well claim an exemption 
 from taxes by Parliament) Our ancestors, and we believe the first 
 settlers of every colony, except Nova Scotia and Georgia, occa 
 sioned but little, some of them, no expense, and yet have brought 
 an amazing addition of wealth, territory and subjects, to the na 
 tion. They are burdened with the support of government within 
 themselves : they are under restraints in their trade, which the 
 subjects of Great Britain are not ; and what the colonies lose by 
 that, Britain gains. The colonies find more employment for the 
 manufactures in Britain, we believe, than all the world besides. 
 And this is a matter which is not to be lightly considered." " In 
 point of policy, it will certainly prove a mistake to lay further 
 burdens on the colonies. You have now all we can spare from our 
 necessary support, and the expense of clearing and cultivating a 
 new country, and by this means increasing the dominions of 
 Britain. In this way, the people pay to you cheerfully. In the 
 other, it will ever be paid with grief and reluctance." " We are 
 morally certain, that the molasses trade cannot be carried on, and 
 the present duty paid." 
 
 [The committee to draft the letter, were T. Hutcbinson and I. 
 Bowdoin, of the Council ; J. Otis, 0. Thacher, and T. Gray, of 
 the House.] 
 
 Extracts from the statement of the services and expenses of the 
 Province of Massachusetts, made by a Committee of the Council 
 and House of Representatives, chosen for the purpose in October, 
 1764, and sent to the colony s agent in England, to furnish ar 
 guments why the colony should not be taxed, &c. 
 
 " ONE great cause alleged for imposing taxes on the colonies, 
 not granted by their own representatives, by the mere authority of 
 Parliament, being this, that they ought to contribute to defray the 
 charges of a war undertaken for their defence, to which it is said 
 they have never yet sufficiently contributed, the Province of Mas 
 sachusetts Bay deem it proper briefly to set forth their own merits 
 and services, their exertions and expenses in the common cause 
 from the first incorporation to the present time. 
 
 " In the year 1620, the colony of New-Plymouth, now included 
 in the present Province of Massachusetts Bay, was began to be 
 4 
 
26 MASSACHUSETTS STATE PAPERS. 
 
 planted by Gov. Bradford and others, a small but vigorous number. 
 By their prudence and vigilance they supported themselves in a wild 
 desart, surrounded by Indians, without any assistance from the 
 Crown of Great Britain. 
 
 "In 1629, the colony of Massachusetts Bay was begun to be 
 planted, the adventurers having obtained from Charles I. an ample 
 charter, on the faith of which they made those beginnings in colo 
 nizing, which have increased to this day, though the charter has 
 long since been lost to them. 
 
 " Whoever should read the records of the first settlements in 
 the colony cannot but pity a feeble number separated by an im 
 mense ocean from the capital of their government, surrounded by 
 savages, of whose good will they had no assurance, conflicting 
 with hunger, cold, nakedness, and every other hardship of a desart, 
 
 " Their first cares, under all their privations and sufferings, were 
 to train the inhabitants to arms, to build forts, &c. 
 
 " In 1635, Gov. Winslow offered to raise troops at the expense 
 of the colonies, under authority from the King of England, not 
 only to defend the settlements here against the Indians, French 
 and Dutch, but to extend the territory of the British government 
 in America. But the proposal was rejected through the influence 
 of Arch Bishop Laud, who hated the puritans of that period. 
 
 ".In 1637, at their own expense the colonies raised one hundred 
 and sixty men, and subdued the Peguots, a powerful and danger 
 ous tribe of Indians. 
 
 " In 1643, the colonies of Massachusetts, Plymouth, Connecticut 
 and New-Haven united for common defence ; and thus probably 
 prevented the overthrow of the settlements of Connecticut and 
 New-Haven, if not of the others also. 
 
 " From 1675 to 1686, the colony of Massachusetts Bay, with 
 short intermissions, was engaged in wars with the Indians, who, at 
 that period, were numerous and powerful, and threatened to des 
 troy all the English settlements : and for which they asked no as 
 sistance of the Crown, but bore the heavy load themselves. 
 
 " In 1690, this Province raised 800 men for the reduction of Nova 
 Scotia, under Sir W. Phips, who conquered the country, and sub 
 jected it to the English till the peace of Reswick. 
 
 " From this time to 1714, the colony was frequently engaged, 
 at their own charge, in wars against the French, for the defence of 
 English plantations, and for rescuing various places which had fallen 
 into the hands of those enemies of Great Britain. In 1744, the 
 Province^ also furnished a large number of men to assist the English 
 against the French in Nova Scotia. 
 
 " Afterwards, during the campaigns of 1755, 56, 58, 59, 60, &c. 
 the Province raised troops, at a very great expense, to co-operate 
 with the British in their expeditions against Crown Point, &c. The 
 whole cost of their expeditions from 1755 to 1762, was 943,839. 
 The cost of scouting parties, for the same period, was 27,496. 
 
MASSACHUSETTS STATE PAPERS. 27 
 
 Their armed vessels for the protection of trade, cost 34 3 795Z. All 
 which amount to 1,039,390/. And these sums being much greater 
 than could be raised on the people each year, the Province was 
 annually obliged to take up large sums on interest, and often to 
 anticipate and mortgage the revenues of the government. At the 
 conclusion of the late war, the Province was and still is very much 
 in debt 5 and it will take them many years, with all the resources 
 in their power, even though their trade was allowed to continue 
 on the footing it was at the close cf the war, to clear their debts. 
 
 " The cost of many forts and garrisons on the frontiers is not in 
 cluded in the above sum. Nor can any estimate be made of the 
 cost to individuals by the demand for personal service. For the 
 numbers raised in these years, (from 1755 to 1762) being equal to 
 the whole militia, it hath come to the turn of every enlisted soldier 
 in the whole militia to serve once. And they who would not serve 
 in person were obliged to hire, at a great premium. 
 
 " From small beginnings, through innumerable toils, hardships 
 and sufferings, a rude desart is become a well-peopled and fruitful 
 plantation. From its infancy to the present age, this colony, with 
 no expense to the Crown, has defended the territory granted to it ; 
 and thereby mightily extended the British empire and immensely 
 increased the British commerce. It has ever been ready to afford 
 its utmost help, when the King s service called ; has actually made 
 divers valuable conquests for the Crown ; and by its great exertions 
 and expenses in the last war has impoverishsd and enfeebled it 
 self so as it will not in many years recover the athletic state it 
 was m at the beginning of the late French war. 
 
 " It is not intended, by any thing here said, to derogate from the 
 merits of the other colonies ; most of them have had their share 
 in these great conquests ; and without the joint and united vigor 
 of so many, so much could never have been accomplished. Nor 
 does Massachusetts desire to be distinguished from the other colo 
 nies by any new grant&^nd immunities ; neither are they seeking 
 any further rewards. UThey desire .only, that foe privileges their 
 ancestors purchased sodearly, and they have never tort cited, may 
 be continued to themT) Being conscious to themselves of entire 
 loyalty to his most excellent Majesty, and dutiful respects to the 
 parent state, they trust the wisdom and justice of the nation will 
 allow them the possession of all the rights, privileges and immu 
 nities which the subjects of Great Britain do and ought to enjoy. 
 
 [The committee was appointed to make this statement, in Oct. 
 1764 ; and were T. Hutchinson, A. Oliver, J. Bowdoin,T. Flucker 
 and J. Otis, of the Council ; and T. Cushing,O. Thacher,T. Gray 
 and E. Sheafe, of the House. In their letter sent to the agent 
 enclosing it, the committee observe, " it will appear from the state 
 ment, that this Province has had its full share of the burdens of the 
 British empire ; and that, by its own representatives, it has ever 
 cheerfully submitted to the heaviest taxes it was any how capable 
 
i6 MASSACHUSETTS STATE PAPERS. 
 
 of bearing. The Province finds itself greatly exhausted by their ex 
 ertions ; and it will be with the utmost difficulty we shall clear the 
 heavy load of debt the last war has involved us in, though no new 
 burdens were brought upon us, and our trade were left to its natu 
 ral course. But if the severe regulations of the late act are con 
 tinued and new taxes laid on us, these will drain us of our specie, 
 the sinews of trade, and otherwise so distress us, that we shall 
 neither be able to pay the public debt we owe as a community, 
 nor individuals what they owe to the merchants of Great Britain ; 
 a general bankruptcy, public and private, must ensue."] 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
 REPRESENTATIVES, JANUARY 10, 1765, 
 
 Gentlemen of tlie Council, and 
 
 Gentlemen of the House of Representatives^ 
 
 AT the opening of tins session, I have the pleasure to con 
 gratulate you upon the storms which threatened the peace of 
 Great Britain being happily blown over: the hasty and ill advis 
 ed encroachments upon our rights by some of the French and Span 
 ish commanders have been disavowed by their respective courts ; 
 and fresh assurances have been given that the acquisitions confirm 
 ed to us by the late peace, shall be enjoyed without interruption ; 
 which will be further secured by the best of guarantees, a respecta 
 ble British navy. 
 
 I have also to congratulate you upon the happy termination 
 of the Indian war, in a manner both honorable and safe ; and which 
 must effectually discourage such attempts for the future. We, 
 who are at a distance from the scenes of action, should riot be in 
 different to this interesting event, as the welfare, and particularly 
 the peace of every part of British America, is the concern of the 
 whole. 
 
 I have, in pursuance of your request made to me last session, 
 recommended to the favor of his Majesty s ministers, the petition 
 which you prepared to be presented to the House of Commons ; 
 and I flatter myself that these representations will have success, 
 as they must receive great weight from the dutiful manner in which 
 they are formed. 1 shall not neglect any other opportunity to 
 promote the real welfare of this Province, consistently with its 
 subordination to the King of Great Britain, and the common in 
 terest of the whole empire. 
 
 I nave at present nothing to lay before you, but what arises within 
 the Province, which I shall communicate to you. at proper times. 
 
MASSACHUSETTS STATE PAPERS. 29 
 
 In these, and in all other matters, I shall not doubt your attention 
 to your duty, both to your King and to your country. The late 
 exemplary instances of your unanimity, prudence, and moderation, 
 in times of difficulty and distrust, will distinguish you to your ad 
 vantage, will confirm the reputation you have hitherto acquired, 
 and give assurance of your resolution to support it by your future 
 conduct. FRA. BERNARD. 
 
 Council Chamber, January 10, 1765. 
 
 ANSWER 
 
 OF THE COUNCIL AND HOUSE OF REPRESENTATIVES, TO THE 
 FOREGOING SPEECH; 
 
 May it please your Excellency, 
 
 WITH great pleasure we received your Excellency s congratu 
 lations ; and sincerely rejoice in every occurrence that tends to 
 establish the peace and prosperity of Great Britain. The disavowal 
 of the late encroachments upon our rights, and the fresh assurances 
 given by the French and Spanish courts, that the acquisitions con- 
 lirmed to us by the late peace shall be enjoyed without interruption, 
 we hope are sincere ; but the best guarantee of those acquisitions, 
 is the British navy, which we hope will ever be maintained on so 
 respectable a footing, and be under such direction as to frustrate 
 all attempts to invade them. 
 
 The happy termination of the Indian war, in which so many of 
 our fellow-subjects have been massacred, and so extensive a frontier 
 desolated, must give sincere joy to every breast susceptible of the 
 feelings of humanity ; at least to every one that bears any affection 
 for British America. We in this Province in particular, though at 
 a distance from the late scenes of cruelty, cannot be indifferent to 
 this interesting event, having often experienced the severest effects 
 of Indian rage. May this peace prove an honorable and lasting one. 
 
 We are much obliged to your Excellency for recommending to 
 the favor of the ministry our petition to the House of Commons. 
 We flatter ourselves the representations therein made, will have 
 success, not only from the dutiful manner in which they are formed, 
 but from the necessary connection there is between the interest of 
 the nation, and the success of that petition ; it will be a demon 
 strable truth, that the national interest will be best promoted and 
 secured by encouraging the trade of the colonies. If that pros 
 pers or declines, so will the trade of Great Britain ; but in a greater 
 proportion. The wealth and power of Britain, however great, are 
 still in their minority compared with what, it is probable, they will 
 one day be, if the; trade and growth of her colonies are not impeded. 
 
30 MASSACHUSETTS STATE PAPERS. 
 
 We are also much obliged to your Excellency for your kind de 
 claration, that you " shall not neglect any other opportunity to pro 
 mote the real welfare of this Province, consistently with its subor 
 dination to the kingdom of Great Britain, and the common inter 
 est of the whole empire." It is in your Excellency s endeavors 
 to promote the real welfare of this Province ; and in these endea 
 vors our inclinations conspire with our duty to give your Excel 
 lency our best assistance. 
 
 In all matters your Excellency shall lay before us, we hope to 
 make it evident that we are influenced by a principle of affection 
 as well as duty to our sovereign and country. It is our honor to 
 be in their employment, and we shall esteem it our happiness to 
 render them any real service. 
 
 If we have exhibited any exemplary instances of unanimity, pru 
 dence and moderation, it gives us a real satisfaction that they meet 
 with your Excellency s approbation. 
 
 We agree with your Excellency that the times are difficult : but 
 we hope they are not times of distrust. We distrust not the wis 
 dom and goodness of Parliament, having with the colonies in gene 
 ral, often experienced the happy effects of both. On the same wis 
 dom and goodness, next to the Supreme, we still rely. As that 
 respectable body has power, we humbly trust their wisdom and 
 goodness will exert it, to remove the embarrassments upon our 
 trade, to which the difficulty of the "times is owing. 
 
 Letter from J. Maiiduit, Esq. agent in England., for the Province 
 of Massachusetts, to the Secretary. London, Feb. 9, 1765. 
 
 fl HAVE now to acquaint the great and General Court, that a 
 stamp duty was proposed in the House of Commons, on the 6th 
 instant. It was opened, by shewing, that as the colonies have a 
 right to protection, so the Parliament has a right to tax them in aid 
 thereof. Their several charters were referred to, and declared to 
 be all under the control of Parliament. To this right of Parlia 
 ment, every member who approved the measure, declared his as 
 sent ; so that the only question was, whether a stamp duty should 
 now be laid : and this was carried, on a decision of fourteen. Pe 
 titions from Virginia and New- York, were offered, by their agents 
 to be presented, but no member would take them : and Mr. Jack 
 son, who had ours in his pocket, agreeably to what he and I had 
 settled, plainly saw it was, at that time, fittest to remain there. 
 At present, I can only say, that I am taking every rational measure 
 I can think of, to support your petition, which is to be presented to 
 the House on Tuesday, by Mr. Jackson, and is the day appointed 
 for the .first reading of the billsT? 
 
MASSACHUSETTS STATE PAPERS. 31 
 
 Letter from Mr. Agent Maudutt, to the Committee of the House of 
 Representatives of Massachusetts. London, Feb. 19, 1765. 
 
 I RECEIVED your several letters of Nov. 27th and 28th, and Dec. 
 17th, to all of which I shall attend as my infirmities will permit. 
 At present I have to acquaint you, that I have employed my whole 
 time in favor of your petition ; and to remove impressions and dis 
 like to the humors and disposition of the Province. A week be 
 fore the stamp duty was to be proposed, I sent a pamphlet (I had 
 prepared,) to the houses of most of the members. I plainly saw, 
 some time ago, that right^ founded in charters or custom, could not 
 be supported by any one in the House, against the right of Parlia 
 ment to tax the colonies. I therefore endeavored, (though I never 
 gave up that point) to sbften the hands of power, and prevent a 
 resentment shown, as was first intended : and so far hitherto I have 
 succeeded. 
 
 Mr. Grenville opened the fitness of laying this tax on the colo 
 nies, and the mcontestible right of Parliament to do it, without 
 noticing the New-York address, or the House of Assembly s letter 
 to me ; both which papers were tacked together, and intended to 
 be laid before the House, as proof of an undutiful temper. Only 
 one member, in the warmth of his speech, glanced at it ; but in 
 this he had no second. After about seven hours debate, there was 
 no other question, (nor indeed could be) but whether a stamp duty 
 should now be laid. The House divided upon it, and it was car 
 ried by four to one. 
 
 I hope the interest of Parliament, for imposing this tax, was 
 only to convince the colonies that it had the right, which was by 
 them contested 5 and that the House will now rather attend to 
 mitigate or take off some of those burdens laid on your trade by 
 the last act. Several petitions were offered, but were all rejected ; 
 and even Connecticut, which was more moderate than ours, with 
 respect to the stamp duty, received the negative. Ours was offered 
 last, by Mr. Jackson, but mentioned in such a manner, that no vote 
 of rejection was put, so that I may possibly present a petition at 
 another time, leaving out only what relates to the stamp duty : and 
 this I think to do by Mr. Jackson, in concert with all the aid I can 
 procure. 
 
 Letter from Secretary Oliver, to Mr. Jlgent Jackson, written by 
 order of the General Court, June, 1765. 
 
 BY several of the papers, directed to be delivered you by Mr. 
 Mauduit, the late agent, you will observe the opinion of the two 
 Houses with regard to some of the probable ill effects of the last 
 year s act of Parliament for granting certain duties in the colonies, 
 and some of them with respect to trade have been already verified, 
 as will appear by the petitions and statements of Messrs. Patrick 
 Tracy, Thomas Bpylston and Fortesque Vernon, merchants, with- 
 
32 MASSACHUSETTS STATE PAPERS. 
 
 in this Province. In consequence of said act, three vessels, be 
 longing to them severally, have been seized and condemned with 
 ^respect to which matter, they in their petitions in general declare, 
 that their vessels sailed hence before said act took place, viz. before 
 Sept. last 5 that no bond was required of them at the respective 
 custom houses, at which their vessels were cleared out ; and that 
 said act did not then require any bond ; that said vessels proceeded 
 to the French islands, and loaded with molasses ; that on their re 
 turn they were forced by stress of weather, two of them into New- 
 Providence, and the other into Bermuda ; that these were the first 
 English ports which Tracy s and Boylston s vessels had put in at, 
 after sailing hence ; that Wm. Vernon s vessel had only touched 
 at Barbadoes, and sailed again before the 29th of Sept. ; that at 
 Providence and Bermuda said vessels were seized, and with their 
 cargoes, by the court of admiralty finally adjudged and condemned 
 forfeited for a want of certificates that bonds had been given pur 
 suant to said act ; that the vessels and cargoes were appraised at a 
 rate much below their value, with a view (they say) that in case 
 they should be able to reverse the decree, they should notwithstand 
 ing recover a small part of the value of their vessels and cargoes. 
 This is a brief state of the representation they make, as you will 
 see by their petitions. If this representation be just, their case is 
 really hard, and merits the notice of those who have power to re 
 lieve them. 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE TWO HOUSES, MAY 30, 17&S. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 BEING always desirous of making your attendance at the 
 General Court as agreeable to you as may be, I thought it proper 
 to appoint the meeting of it at this town, that you may be free, not 
 only from real danger, but also from the apprehension of it. And 
 as I have nothing to propose to you for his Majesty s immediate 
 service, your deliberations will be chiefly employed upon the af 
 fairs of your own Province. 
 
 Among these, the state of the eastern country deserves most 
 particular regard : the augmentation of the garrisons made at the 
 last session was a seasonable provision, and happily has not been 
 too late. But defence alone is not sufficient ; prevention of hos 
 tilities is equally necessary to the preservation of that country. 
 To this I have given particular attention with all my power, and 
 have hitherto succeeded. But it has served to convince me that 
 
MASSACHUSETTS STATE PAPERS. 33 
 
 there still remains much undone, which I have not had the power, 
 or at least have not chose to take upon me to do. 
 
 You shall be made acquainted with my sentiments upon this sub 
 ject, which are partly drawn from information received from others, 
 and partly from observations made by myself. And I doubt not 
 but you will concur with me in every measure necessary for the 
 security and support of that country, which is now, as it were, an 
 infant colony. We who rest in the bosom of safety should not ne 
 glect the protection of our brethren exposed to daily perils ; nor 
 while we enjoy the blessings of an old colony, be unmindful of the 
 imbecility and necessities of a new one. y 
 
 Gentlemen, 
 
 As I suppose the season of the year will make you desirous of a 
 I ecess as soon as well may be, it is my intention not to continue 
 this session beyond what the present exigencies of the government 
 shall absolutely require : And therefore I must recommend to you 
 to postpone unnecessary business, and to expedite such as cannot 
 be postponed. In this, as in all matters tending to the service of 
 the Province and to your convenience, you may depend upon my 
 assistance and concurrence. 
 
 FRA. BERNARD. 
 
 Council Chamber, at Concord, May 31, 1764. 
 
 [This speech was printed through the inadvertence of a compositor in the office ; and va<* 
 not intended by the editor to be printed at all.] 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
 REPRESENTATIVES, MAY 30, 1765. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 AT the opening of this General Court, I have no orders from 
 his Majesty to communicate to you; nor any thing to offer myself 
 but what relates to your internal policy: I shall therefore take this 
 opportunity to point out such domestic business as more immedi 
 ately deserves your attention. 
 
 Soon after my arrival to this government, I formed in my mind 
 an idea of three improvements which this country was capable of 
 making profitable to itself and convenient to Great Britain : I mean 
 pot ash, hemp, and the carrying lumber to the British markets. 
 They are all proper staples for New England ; and must be very 
 acceptable to Great Britain, as she is at present supplied with them 
 from foreigners, by a losing trade. 
 5 
 
34 MASSACHUSETTS STATE PAPERS. 
 
 I have already had the pleasure to see the first of these estab 
 lished with eftect, and wanting now nothing but care to preserve 
 its credit, and prevent the general quality of the goods, which is of 
 a superior kind, being rendered doubtful and suspicious by the 
 fraudulent practices of particulars. This is a necessary caution at 
 the commencement of a new trade 5 for upon its first reputation 
 depends its future success. There is already a law for the regu 
 lation of this trade ; but it wants to be carried into execution : this 
 I must desire may be done this session, as it is now become imme 
 diately wanting. 
 
 You have lately given a public testimony of your desire to pro 
 mote the production of hemp : I am equally persuaded of your good 
 intentions to the improvement of the lumber trade ; as you must 
 be sensible of the insufficiency of the present markets for the re 
 ception of the great quantity of lumber which is now produced, and 
 which will be continually increasing. The Parliament of Great 
 Britain has already given encouragement to the one 5 and it is 
 hoped it will also extend its bounty to the other. 
 
 These are proper objects of your concern ; works which naturally 
 arise in your own country, strengthen your connection with Great 
 Britain, may easily be confined within yourselves, and will soon 
 be superior to those of foreign rivals. When these are added to 
 your other resources, they will form a fund, which, with the bless 
 ing of God upon your industry and frugality, will be adequate to 
 the expense of all necessary imports : and you will have no occa 
 sion, as you have hitherto shewn no disposition, vainly to attempt 
 to transfer manufactories from their settled abode; an undertaking 
 at all times difficult, but, under the disadvantage of high priced 
 labor, impracticable. 
 
 Gentlemen of the House of Representatives, 
 
 I shall order the treasurer to lay before you the present state of 
 the treasury, that you may consider of further means for reducing 
 and finally discharging the provincial debt with ease to the people. 
 I shall be ready to concur with you in all necessary measures for 
 that purpose, that shall be agreeable to the laws and instructions 
 by which I must form my conduct. 
 
 ^ ~. Gentlemen, 
 
 \_JThe general settlement of the American Provinces, which has 
 been long ago proposed, and now probably will be prosecuted to 
 its utmost completion, must necessarily produce some regulations, 
 which, from their novelty only, will appear disagreeable. But I 
 am convinced, and doubt not but experience will confirm it, that 
 they will operate, as they are designed, for the benefit and advan 
 tage of the colonies. In the mean time a respectful submission to 
 the decrees of the Parliament, is their interest, as well as their duty. 
 In an empire, extended and diversified as that of Great Britain, 
 there must be a supreme legislature, to which all other powers must 
 
MASSACHUSETTS STATE PAPERS. 35 
 
 be subordinate. It is our happiness that our supreme legislature, 
 the Parliament of Great Britain, is the sanctuary of liberty and 
 justice ; and that the Prince, who presides over it, realizes the 
 idea of a patriot King. Surely, then, we should submit our opin 
 ions to the determinations of so august a body ; and acquiesce in 
 a perfect confidence, that the rights of the members of the British 
 empire will ever be safe in the hands of the conservators of the 
 liberty of the whole?! FRA. BERNARD. 
 
 Council ChamberTMay 30, 1765. 
 
 [Committees were appointed to consider that part of the Gov- 
 vernor s speech, respecting pot ash, the manufacture of hemp, and 
 lumber. But the journal furnishes no evidence that any reply was 
 made to that part of the speech, which referred to the state of the 
 Province, though Mr. White, (the Speaker,) J. Otis, T. Gushing, S. 
 Dexter, and Col. Worthington, were chosen a committee to con 
 sider it.] 
 
 Proceedings of the House of Representatives,, respecting sending 
 a Committee to New York, to consult with Committees from 
 other colonies, on the state of the country^ June, 6, 1765. 
 
 THE House taking into consideration the many difficulties to 
 which the colonies are and must be reduced by the operation of 
 some late acts of Parliament ; after some time spent, 
 
 On a motion made and seconded, ordered that Mr. Speaker, Bri 
 gadier Ruggles, Col. Partridge, Col. Worthington, Gen. Wins- 
 low, Mr. Otis, Mr. Gushing, Col. Saltonstall, and Capt. Sheafe, 
 be a committee to consider what measures had best be taken, and 
 make report. 
 
 The committee appointed for that purpose, reported as follows. 
 The committee appointed to consider what dutiful, loyal, and hum 
 ble address may be proper to make to our gracious Sovereign and 
 his Parliament, in relation to the several acts passed, for levying 
 duties and taxes on the colonies, have attended that service, and 
 are humbly of opinion : 
 
 That it is highly expedient there should be a meeting as soon as 
 may be, of committees from the Houses of Representatives or Bur- f3 /?>,J Tr 
 gesses in the several colonies on this continent, to consult together j , ^ 
 on the present circumstances of the colonies, and the difficulties to ~>t<\mj 
 which they are and must be reduced by the operation of the late 
 acts of Parliament for levying duties and taxes on the colonies, 
 and to consider of a general and humble address to his Majesty and 
 the Parliament to implore relief. 
 
 And the committee are further of opinion that a meeting of such 
 committees should be held at New York, on the first Tuesday of 
 
MASSACHUSETTS STATE PAPERS. 
 
 October next, and that a committee of three persons be chosen by 
 this House on the part of this Province, to attend the same. 
 
 And that letters be forthwith prepared and transmitted to the 
 respective Speakers of the several Houses of Representatives or 
 Burgesses in the colonies aforesaid, advising them of the resolution 
 of this House thereon, and inviting such Houses of Representatives 
 or Burgesses to join this with their committees, in the meeting, and 
 for the purposes aforesaid. 
 
 And that a proper letter be prepared and forwarded to the agent 
 of the Province on these matters in the mean time. 
 
 Read and accepted, and ordered, that Mr. Speaker, Mr. Otis, 
 and Mr. Lee, be a committee to prepare a draft of letters to be 
 sent to the respective Speakers of the several Houses of Repre 
 sentatives in the colonies, and make report. 
 
 The committee appointed for that purpose, reported the following 
 draft. 
 
 Province of Massachusetts Bay. Boston^ June 8, 1765. 
 
 SIR The House of Representatives of this Province in the 
 present session of the General Court, have unanimously agreed to 
 propose a meeting, as soon as may be, of committees from the 
 Houses of Representatives or Burgesses, of the several British 
 eolonies on this continent, to consult together on the present cir 
 cumstances of the colonies, and the difficulties to which they are 
 and must be reduced by the operation of the acts of Parliament 
 for levying duties and taxes on the colonies ; and to consider of a 
 general and united, dutiful and humble representation of their con 
 dition to his Majesty and the Parliament, to implore relief. The 
 House of Representatives of this Province have also voted to pro 
 pose that such meeting be at the city of New York, on the first 
 Tuesday of October next, and have appointed a committee of three 
 of their members to attend that service, with such as the other 
 Houses of Representatives or Burgesses in the several colonies 
 may think fit to appoint to meet them : And the committee of the 
 House of Representatives of this Province are directed to repair 
 to said New York, on said first Tuesday of October next, accord 
 ingly. If, therefore, your honorable House should agree to this 
 proposal, it would be acceptable, that as early notice of it as possi 
 ble might be transmitted to the Speaker of the House of Represen 
 tatives of this Province. 
 
 SAMUEL WHITE, Speaker. 
 
 [The Committee was chosen by the House, June, 1765, and were 
 James Otis, Col. Partridge, of Hatfield, and Timothy Ruggles ; but 
 Ruggles did not consent to the doings of the convention, which 
 met at New York, in Oct. 1765 ; and was afterwards censured for 
 it by the House of Representatives. "J 
 
MASSACHUSETTS STATE PAPERS. 37 
 
 PETITION 
 
 Of the freeholders and other inhabitants of the Massachusetts Bay, 
 Rhode Island, and Providence Plantations, New Jersey, Pennsyl 
 vania, the government of the counties of New Castle, Kent and 
 Sussex, upon Delaware, Province of Maryland, $c. 
 
 MOST HUMBLY SHEWETH, 
 
 THAT the inhabitants of these colonies, unanimously devoted 
 with the warmest sentiments of duty and affection to your Majes 
 ty s sacred person and government, inviolably attached to the 
 present happy establishment of the protestant succession in your 
 illustrious house, and deeply sensible of your royal attention to 
 their prosperity and happiness, humbly beg leave to approach the 
 throne by representing to your Majesty, that these colonies were 
 originally planted by subjects of the British Crown, who, animated 
 with the spirit of liberty, encouraged by your Majesty s royal pre 
 decessors, and confiding in the public faith for the enjoyment of 
 all the rights and liberties essential to freedom, emigrated from 
 their native country to this continent, and by their successful per 
 severance in the midst ot innumerable dangers and difficulties, to 
 gether with a profusion of their blood and treasure, have happily 
 added these vast and valuable dominions to the empire of Great 
 Britain. 
 
 That for the enjoyment of these rights and liberties several go 
 vernments were early formed in the said colonies, with full power 
 of legislation agreeably to the principles of the English constitution. 
 
 That under those governments these liberties thus vested in 
 their ancestors and transmitted to their posterity, have been exer 
 cised and enjoyed, and by the inestimable blessings thereof, under 
 the favor of Almighty God, the inhospitable deserts of America 
 have been converted into flourishing countries ; science, humanity 
 and the knowledge of divine truth, diffused through remote regions 
 of ignorance, infidelity and barbarism, the number of British sub 
 jects wonderfully increased, and the wealth and power of Great 
 Britain proportionably augmented. 
 
 That by means of these settlements, and the unparalleled sue 
 cess of your Majesty s arms, a foundation is now laid for render 
 ing the British empire the most extensive and powerful of any re 
 corded in history ; our connection with this empire, we esteem 
 our greatest happiness and security, and humbly conceive it may 
 now be so established f>y your royal wisdom. as to endure to the latest 
 period of time. (This with most humble submission to your Ma 
 jesty, we apprehenowill be most effectually accomplished, by fixing 
 the pillars thereof, on liberty and justice, and securing the inherent 
 rights and liberties of your subjects here, upon the principles of 
 the English constitution. To this constitution these two principles 
 are essential, the right of your faithful subjects freely to grant to 
 
38 MASSACHUSETTS STATE PAPERS. 
 
 your Majesty such aids as are required for the support of your 
 government over them, and other public exigencies, and trials by 
 their peers. By the one they are secured from unreasonable im 
 positions, and by the other, from arbitrary decisions of the executive 
 power. The continuance of these liberties, to the inhabitants of 
 America, we ardently implore, as absolutely necessary to unite the 
 several parts of your widely extended dominions, in that harmony 
 so essential to the preservation and happiness of the wholfiT] Pro 
 tected in these liberties, the emoluments Great Britain receive 
 from us, however great at present, are inconsiderable, compared 
 with those she has the fairest prospect of acquiring. By this pro 
 tection, she will for ever secure to herself the advantage of con 
 veying to all Europe the merchandizes which America furnishes ; 
 and of supplying, through the same channel, whatever is wanted 
 from thence, mere opens a boundless source of wealth and naval 
 strength ; yet tliese advantages, by the abridgment of those in 
 valuable rights and liberties, by which our growth has been nourish 
 ed, are in danger of being forever lost, and our subordinate legis 
 latures, in effect, rendered useless by the late acts of Parliament, 
 imposing duties and taxes on the colonies, and extending the juris 
 diction of the courts of admiralty here, beyond its ancient limits; 
 statutes by which your Majesty s Commons, in Britain, undertake 
 absolutely to dispose of the property of their fellow subjects, in 
 America, without their consent ; and for the enforcing whereof, 
 they are subjected to the determination of a single judge, in a court 
 unrestrained by the wise rules of the common law ; the birthright 
 of Englishmen, and the safeguard of their persons and properly?) 
 
 The invaluable rights of taxing ourselves, and of trial by our 
 Peers, of which we implore your Majesty s protection, are not, we 
 humbly conceive, unconstitutional, but confirmed by the great 
 charter of English liberty. On the first of these rights, the honora 
 ble the House of Commons found their practice of originating 
 money bills, a right enjoyed by the kingdom of Ireland, by the 
 clergy of England, until relinquished by themselves 5 a right, in 
 fine, which all other, your Majesty s English subjects, both within 
 and without the realm, have hitherto enjoyed. 
 
 "With hearts, therefore, impressed with the most indelible char 
 acters of gratitude to your Majesty, and to the memory of the 
 kings of your illustrious house, whose reigns have been signally 
 distinguished by their auspicious influence on the prosperity of the 
 British dominions ; and convinced, by the most affecting proofs 
 of your Majesty s paternal love to all your people, however dis 
 tant, and your increasing and benevolent desires to promote their 
 happiness, we most humbly beseech your Majesty, that you will be 
 graciously pleased to take into your royal consideration, the dis 
 tresses of your faithful subjects, on this continent: and to lay the 
 
MASSACHUSETTS STATE PAPERS. 39 
 
 same before your Majesty s Parliament; and to afford them such 
 relief, as in your royal wisdom their unhappy circumstances shall 
 be judged to require. 
 And your petitioners, as in duty bound, will pray, &c. 
 
 Signed, 
 
 JAMES OTIS, > Commissioners from Massachusetts 
 
 OLIVER PARTRIDGE, J Bay. 
 
 \ Commissioners from Mode Island. 
 I Commissioners from JVto Jersey. 
 Commissioners from Pennsylvania. 
 
 Commissioners from Delaware. 
 
 WILLIAM MURDOCK, 
 
 EDWARD TILGMAN, V- Commissioners from Maryland. 
 
 THOMAS RINGGOLD, J 
 
 [A similar petition was addressed to each House of Parliament 5 
 but containing no new arguments, nor advancing any new princi 
 ples., it is thought unnecessary to publish them.] 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
 REPRESENTATIVES, SEPT. 25, 1765. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 I HAVE called you together at this unusual time, in pursuance 
 of the unanimous advice of a very full Council, that you may take 
 into consideration the present state of the Province, and determine 
 what is to be done at this difficult aud dangerous conjuncture. I 
 need not recount to you the violences which have been committed 
 in this town, nor the declarations which have been made and still 
 subsist, that the act of Parliament for granting stamp duties injjie 
 British colonies shall not be executed within this Province. (The 
 ordinary executive authority of this government is much too weak 
 to contradict such declarations, or oppose the force by which they 
 are supported. It has therefore been found necessary to call the 
 whole legislative power in aid of the executive government. From 
 this time this arduous business .will be put into your hands, and it 
 will become a provincial concern?? 
 
40 MASSACHUSETTS STATE PAPERS. 
 
 Upon this occasion it is my duty to state to you what will prob 
 ably be the- consequences, if you should suffer a confirmed disobe 
 dience of this act of Parliament to take place. I am sensible how 
 dangerous it is to speak out at this time, and upon this subject ; 
 but my station will not allow me to be awed or restrained in what 
 I have to say to the General Court. Not only my duty to the 
 King, but my duty to the Province, my love of it, my concern for 
 it, oblige me to be plain and explicit upon this occasion. And I 
 hope no advocate for liberty will violate that essential and consti 
 tutional right, freedom of speech in General Assembly. 
 
 As I desire not to dictate to you, and would avoid all appear- 
 ances of doing it, I shall resolve what I have to recommend to 
 your consideration into mere questions, and avoid assertions of 
 my own in matters which are doubtful. I shall not enter into any 
 disquisition of the policy of the act. It has never been a part of 
 my business to form any judgment of it ; and as I have not hitherto 
 had any opportunity to express my sentiments of it, I shall not do 
 it now. (Thave only to say, that it is an act of the Parliament of 
 Great Britain, and as such ought to be obeyed by the subjects of 
 Great Britain. And I trust that tjje supremacy of that Parliament 
 over all the members of their wide and digjised empire, never was 
 and never will be denied within these wailjs?\ 
 
 The right of the Parliament of Great Britain to make laws for 
 the American colonies, however it has been controverted in Amer 
 ica, remains indisputable at Westminster. If it is yet to be made 
 a question, who shall determine it but the Parliament ? If the Par 
 liament declares that this right is inherent in them, are they like 
 to acquiesce in an open and forcible opposition to the exercise of 
 it ? Will they not more probably maintain such right, and sup 
 port their own authority ? Is it in the will or in the power, or for 
 the interest of this Province to oppose such authority ? If such 
 opposition should be made, may it not bring on a contest which 
 may prove the most detrimental and ruinous event which could 
 happen to this people ? 
 
 It is said that the gentlemen who opposed this act in the House 
 of Commons, did not dispute the authority of Parliament to make 
 such a law, but argued from the inexpediency of it at this time, 
 and the inability of the colonies to bear such an imposition. These 
 are two distinct questions, which may receive different answers. 
 The power of the Parliament to tax the colonies may be admitted, 
 and yet the expediency of exercising that power at such a time, 
 and in such a manner, may be denied. But if the questions are 
 blended together so as to admit of but one answer, the affirmation 
 of the right of Parliament will conclude for the expediency of the 
 act. Consider, therefore, gentlemen, if you found your applica 
 tion for relief upon denying the Parliament s right to make such a 
 law$ whether you will not take from your friends and advocates 
 the use of those arguments which are most like to procure the re 
 lief you desire ? 
 
MASSACHUSETTS STATE PAPERS. 41 
 
 You, gentlemen of the House of Representatives, have proposed 
 a Congress of committees from the representatives of the several 
 colonies, to consider of a general, united, dutiful, loyal and humble 
 representation to his Majesty and the Parliament. Are the late 
 proceedings consistent with the dutiful, loyal and humble repre 
 sentation which you have proposed ? Will the denying the power 
 and authority of the King and Parliament, be the proper means to 
 obtain their favor ? If the Parliament should be disposed to repeal 
 this act 5 will they probably do it whilst there subsists a forcible 
 opposition to the execution of it ? Is it not more probable that they 
 will require a submission to their authority, as a preliminary to 
 their granting you any relief ? Consider then, whether the opposi 
 tion to the execution of the act, has not a direct tendency to defeat 
 the measures you have taken to procure a repeal of it, if you do 
 not interpose to prevent it. 
 
 By this act, all papers which are not duly stamped, are to be 
 null and void ; and all persons who shall sign, engross or write 
 any such papers, will forfeit for each fact ten pounds. If there 
 fore, stamps are not to be used, all public offices must be shut up ; 
 for it cannot be expected that any officer should incur penalties 
 much beyond all he is worth, for the sake of doing what will be 
 null and void when it is done. I would therefore desire you to 
 consider what effects the stopping two kinds of offices only, the courts 
 of justice and the custom houses, will have upon the generality 
 of the people. Whejn the courts of justice are shut up, no one 
 will be able to sue for a debt due to him, or an injury done him. 
 Must not then all credit and mutual faith cease of course, and 
 fraud and rapine take their place ? Will any one s person or pro 
 perty be safe, when their sole protector of the law is disabled to 
 act ? Must not the hand of violence be then let loose, and force 
 of arms become the only governing power ? Is it easy to form an 
 adequate idea of a state of general outlawry ? And may not the 
 reality exceed the worst idea you can form of it. 
 
 If trade and navigation shall cease by the shutting up the ports 
 of this province for want of legal clearances, are you sure that 
 all other ports which can rival these, will be shut up also ? Can 
 you depend upon recovering your trade again entire and undimin- 
 ished, when you shall be pleased to resume it ? Can the people 
 of this province subsist without navigation for any long time ? 
 What will become of the seamen who will be put out of employ 
 ment ? What will become of the tradesmen who immediately de 
 pend upon navigation for their daily bread ? Will these people 
 endure want quietly without troubling their neighbors ? What 
 will become of the numberless families which depend upon fishery ? 
 Will they be able to turn the produce of their year s work into 
 the necessaries of life, without navigation ? Are there not num 
 berless other families who do not appear immediately concerned 
 in trade, and yet ultimately depend upon it ? Do you think it pos- 
 6 
 
42 MASSACHUSETTS STATE TAPERS. 
 
 sible to provide for the infinite chain of the dependents upon 
 trade who will be brought to want by the stopping it ? Is it certain 
 that this province has a stock of provisions within itself sufficient 
 for all its inhabitants without the usual imports ? If there should 
 be a sufficiency in general, can it be distributed among all the in 
 dividuals without great violence and confusion ? In short, can 
 this province bear a cessation of law and justice, and of trade 
 and navigation, at a time when the business of the year is to be 
 wound up, and the severe season is hastily approaching ? These 
 are serious and alarming questions, which deserve a cool and dis- 
 pagsionate consideration. 
 
 (JVould not willingly aggravate the dangers which are before 
 you ; I do not think it very easy to do it : this province seems to 
 me to be upon the brink of a precipice; and that it depends upon 
 you to prevent its falling?) Possibly I may fear more for you than 
 you do for yourselves ; out in the situation you now stand, a sight 
 of your danger is necessary to your preservation ; and it is my 
 business to open it to you. But I do not pretend to enumerate all 
 the evils which may possibly happen ; several, and some of no 
 little importance will occur to you, though they have been omitted 
 by me. In a word, gentlemen, never were your judgment and 
 prudence so put to a trial, as they are like to be upon the present 
 occasion. 
 
 I am aware that endeavors have been or may be used to lessen 
 my credit with you, which I have hitherto always studied to im 
 prove to the advantage of the province. Violences seldom come 
 alone : the same spirit which pulls down houses attacks reputa 
 tions. The best men in the province have been much injured in 
 this way : I myself have not escaped this malignity. But I shall 
 not lower myself so as to answer such accusers : to you I shall 
 always owe such explanations as shall be necessary to the improve 
 ment of a good understanding between us. However, I will take 
 this opportunity to declare publicly, that ever since I have set in 
 this chair, I have been constantly attentive to the true interests of 
 this province, according to the best of my understanding, and have 
 endeavored to promote them by all means in my power. The 
 welfare of this people is still uppermost in my heart ; and I believe 
 no man feels more for them than I do at this present time. 
 
 P Gentlemen of the House of Representatives, 
 
 |I must recommend to you to do an act of justice, which at the 
 same time will reflect credit on yourselves : I mean to order a 
 v ^compensation to be made to the sufferers by the late disturbances. 
 tfi* Their losses are too great for them to sit down with 5 one of them 
 amounts to a very large sum. You must be sensible that it will be 
 expected that the damages be made good ; and it will be better 
 for you to do it of your own accord before any requisition is 
 made to you. An estimate of these damages is made by a commit 
 tee of the Council pursuant to order, which will be laid before youTJ 
 
MASSACHUSETTS STATE PAPERS. 43 
 
 Gentlemen, 
 
 I am sensible of the difficulty of the part you have to act 5 it 
 may not be sufficient for you to be convinced of the necessity of a 
 submission to the law for the present, unless the same conviction 
 shall be extended to the people in general. If this should be so, I 
 can only desire you to use all means to make yourselves well ac 
 quainted with the exigencies of the present time ; and if you shall 
 be persuaded that a disobedience of the act is productive of much 
 more evil than a submission to it can be ; you must endeavor to 
 convince your constituents of the truth of such persuasion. In 
 such case I shall readily grant you a recess for a sufficient time, 
 and I shall be ready to concur with you in all other legal measures 
 to provide for the safety of the people in the best manner. 
 
 FRA. BERNARD. 
 
 Council Chamber, September 25, 1765. 
 
 [It may be proper to observe here, that a riot took place in Bos 
 ton, in August, 1765, in which the custom house officers were 
 insulted and threatened, and some of their property destroyed.] 
 
 ANSWER 
 
 < 
 
 OF THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR S SPEECH, 
 OCTOBER 23, 1765. 
 
 May it please your Excellency, 
 
 THE House of Representatives have entered into a due consid 
 eration of your speech to both houses at the opening of this ses 
 sion ; and should have earlier communicated to your Excellency 
 our sentiments thereupon, had not the late sudden and unexpected 
 adjournment prevented it. 
 
 We must confess, that after your Excellency had called us to 
 gether in pursuance of the unanimous advice of a very full Coun 
 cil, we were in hopes you would have givpn the assembly time then 
 to have considered the critical state of the province, and deter 
 mined what was proper to be done at so difficult and dangerous a 
 conjuncture. 
 
 Your Excellency tells us, that the province seems to be upon the 
 brink of a precipice ! A sight of its danger is then necessary for 
 its preservation. To despair of the commonwealth, is a certain 
 presage of its fall. Your Excellency may be assured, that the 
 representatives of the people are awake to a sense of its danger, 
 and their utmost prudence will not be wanting to prevent its ruin, 
 
 We indeed could not have thought that a weakness in the exec 
 utive power of the province had been any part of our danger, had 
 
44 MASSACHUSETTS STATE PAPERS. 
 
 not your Excellency made such a declaration in your speech. Cer 
 tainly the General Assembly have done every thing incumbent on 
 them ; and laws are already in being for the support of his Majes 
 ty s authority in the province. Your Excellency doth not point 
 out to us any defect in those laws ; and yet you are pleased to say, 
 that the executive authority is much too weak. Surely you cannot 
 mean, by calling the whole legislative, in aid of the executive au 
 thority, that any new and extraordinary kind of power should by 
 law be constituted, to oppose such acts of violence as your Excel 
 lency may apprehend from a people ever remarkable for their loy 
 alty and good order ; though at present uneasy and discontented. 
 If, then, the laws of the province for the preservation of his Ma 
 jesty s peace are already sufficient, your Excellency, we are very 
 sure, need not to be told, to whose department it solely belongs to 
 appoint a suitable number of magistrates to put those laws in exe 
 cution, or remove them in case of failure of their duty herein. 
 And we hope this important trust will remain with safety to the 
 province, where the constitution has lodged it. 
 
 Your Excellency is pleased to tell us, that declarations have 
 been made and still subsist, that the act of Parliament for granting 
 stamp duties in the colonies, shall not be executed within this pro 
 vince. We know of no such declarations. If any individuals of 
 the people have declared an unwillingness to subject themselves to 
 the payment of the stamp duties, and choose rather to lay aside all 
 business than make use of the stamped papers, as we are not ac 
 countable for such declarations, so neither can we see any thing 
 criminal in them. This House has no authority to control their 
 choice in this matter ; the act does not oblige them to make use of 
 the papers ; it only exacts the payment of certain duties for such 
 papers as they may incline to use. Such declarations may possibly 
 have been made, and may still subsist, very consistently with the 
 utmost respect to the King and Parliament. 
 
 Your Excellency has thought proper to enumerate very minutely 
 the inconveniencies that may arise from the stamped papers not be 
 ing distributed among the people ; with respect to some of which 
 your love and concern for the province leads you to fear more for 
 us than we do for ourselves. We cannot think your Excellency 
 would willingly aggravate our dangers ; we are not in particular 
 so alarmed, as your Excellency seems to be, with the apprehension 
 of the hand of violence being let loose. Your Excellency, upon 
 recollection, will find that all papers relative to crown matters are 
 exempt from stamps. The persons of his Majesty s good subjects 
 will still remain secure from injury. That spirit which your Ex 
 cellency tells us attacks reputations and pulls down houses, will 
 yet be curbed by the law. The estates of the people will remain 
 guarded from theft or open violence. There will be no danger of 
 force of arms becoming the only governing power. Nor shall we 
 realize what your Excellency is pleased to call a state of general 
 
MASSACHUSETTS STATE PAPERS. 45 
 
 outlawry. This we think necessary to be observed, without a par 
 ticular consideration of all the consequences which your Excel 
 lency fears, to prevent, if possible, any wrong impressions from 
 fixing in the minds of ill disposed persons, or remove them if al 
 ready fixed. 
 
 You are pleased to say, that the stamp act is an act of Parlia 
 ment, and as such ought to be observed. This House, sir, has too 
 great a reverence for the supreme legislature of the nation, to ques 
 tion its just authority : It by no means appertains to us to presume to 
 adjust the boundaries of the power of Parliament ; but boundaries 
 there iiqjftubtfiHty flrfi* W ft hope we may without offence, put 
 your Excellency in mind of that most grevious sentence of excom 
 munication, solemnly denounced by the church, in the name of the 
 sacred trinity, in the presence of King Henry the Third, and the 
 estates of the realm, against all those who should make statutes, or 
 observe them, being made contrary to the liberties of the Magna 
 Charta. We are ready to think that those zealous advocates for 
 the constitution usually compared their acts of Parliament with 
 Magna Charta ; and if it ever happened that such acts were made 
 as infringed upon the rights of that charter, they were always re 
 pealed. We have the same confidence in the rectitude of the pre 
 sent Parliament ; and therefore cannot but be surprized at an inti 
 mation in your speech, that they will require a submission to an 
 act as a preliminary to their granting relief from the unconstitu 
 tional burdens of it 5 which we apprehend includes a suggestion 
 in it far from your Excellency s design, and supposes such a wan 
 ton exercise of mere arbitrary power, as ought never to be surmised 
 of the patrons of liberty and justice. <**- 
 
 Furthermore, your Excellency tells us that the right of the Par-\ 
 liament to make laws for the American colonies remains indisputa 
 ble in Westminster. Without contending this point, we beg leave 
 just to observe that the charter of the province invests the General 
 Assembly with the power of making laws for its internal govern 
 ment and taxation ; and that this charter has never yet been for 
 feited. The Parliament has a right to make all laws within the 
 limits of their own constitution 5 they claim no more. Your Excel 
 lency will acknowledge that there are certain original inherent 
 rights belonging to the people, which the Parliament itself cannot 
 divest them of, consistent with their own constitution : among 
 these is the right of representation in the same body which exer 
 cises the power of taxation. There is a necessity that the subjects 
 of America should exercise this power within themselves, other 
 wise they cart have no share in that most essential right, for they 
 are not represented in Parliament, and indeed we think it irnprac- 
 ^tlcaj^le. Your Excellency s assertion leads us to think that you affe 
 ofa different mind with regard to this very material point, and 
 that you suppose we are represented ; but the sense of the nation 
 itself seems always to have been otherwise. The right of the col- 
 
46 MASSACHUSETTS STATE PAPERS. 
 
 onies to make their own laws and tax themselves has been never, 
 that we know of, questioned ; but has been constantly recognized 
 by the King and Parliament. The very supposition that the Par 
 liament, though the supreme power over the subjects of Britain 
 universally, should yet conceive of a despotic power within them 
 selves, would be most disrespectful ; and we leave it to your Ex 
 cellency s consideration, whether to suppose an indisputable right 
 in any government, to tax the subjects without their consent, does 
 not include the idea of such a powerTI 
 
 May it please your Excellency, 
 
 Our duty to the King, w r ho holds the rights of all his subjects 
 sacred as his own prerogative ; and our love to our constituents 
 and concern for their dearest interests, constrain us to be explicit 
 upon this very important occasion. We beg that your Excellency 
 would consider the people of this province as having the strongest 
 affection for his Majesty, under whose happy government they 
 have felt all the blessings of liberty : They have a warm sense of 
 honor, freedom and independence of the subjects of a patriot 
 King : they have a just value for those inestimable rights which 
 are derived to all men from nature, and are happily interwoven in 
 the British constitution : They esteem Lt sacrilege for them ever 
 to give them up ; and rather than lose them, they would willingly 
 part with every thing else. We deeply regret it, that the Parlia 
 ment has seen fit to pass such an act as the stamp act : we flatter 
 ourselves that the hardships of it will shortly appear to them in 
 such a point of liht as shall induce them in their w r isdom to repeal 
 it : In the mean time we must beg your Excellency to excuse us 
 from doing any thing to assist in the execution of it : Were we, in 
 order to avoid assertions, to resolve what we have to say on this 
 head into mere questions, we should with all humility ask, whether 
 it would be possible for us to add any weight to an act of that most 
 august body the Parliament ? whether it would not be construed as 
 arrogance and presumption in us to attempt it ? whether your Ex 
 cellency can reasonably expect that the House of Representatives 
 should be active in bringing a grievous burden upon their constitu 
 ents ? Such a conduct in us would be to oppose the sentiments of 
 the people whom we represent, and the declared instruction of 
 most of them. They complain that some of the most essential 
 rights of Magna Charta, to which as British subjects they have an 
 undoubted claim, are injured by it : that it wholly cancels the very 
 conditions upon which our ancestors settled this country, and en 
 larged his Majesty s dominions, with much toil and blood, and at 
 their sole expense : that it is totally subversive of the happiest 
 frame of subordinate, civil government, expressed in our charter, 
 which amply secures to the Crown our allegiance, to the nation 
 our connection, and to ourselves the indefeasible rights of Britons : 
 that it tends to destroy that mutual confidence and affection, as 
 
MASSACHUSETTS STATE PAPERS. 47 
 
 well as that equality which ought ever to subsist among all his Ma 
 jesty s subjects in his wide and extended empire : that it may be 
 made use of as a precedent for their fellow subjects in Britain for 
 the future, to demand of them what part of their estates they shall 
 think proper, and the whole if they please : that it invests a single 
 judge of the admiralty, with a power to try and determine their 
 property in controversies arising from internal concerns, without 
 a jury, contrary to the very expression of Magna Charta ; that no 
 freeman shall be amerced, but by the oath of good and lawful men 
 of the vicinage : that it even puts it in the power of an informer 
 to carry a supposed offender more than two thousand miles for 
 trial 5 and what is the worst of all evils, if his Majesty s Ameri 
 can subjects are not to be governed, according to the known stated 
 rules of the constitution, as those in Britain are, it is greatly to be 
 feared that their minds may in time become disaffected ; which we 
 cannot even entertain the most distant thought of without the 
 greatest abhorrence. We are truly sorry that your Excellency 
 has never made it a part of your business to form any judgment 
 of this act ; especially as you have long known what uneasiness 
 the most distant prospect of it gave to his Majesty s good subjects 
 in America, and of this province, of which you are substituted to be 
 the head and father. Had your Excellency thought it proper to 
 have seasonably entered into a disquisition of the policy of it, you 
 would, we doubt not,have seen that the people s fears were not with 
 out good foundation ; and the love and concern which you profess 
 to have for them, as well as your duty to his Majesty, whose faith 
 ful subjects they are, might have been the most powerful motives to 
 your Excellency to have expressed your sentiments of it early 
 enough to those whose influence brought it into being. 
 
 We cannot help expressing our great uneasiness, that after men 
 tioning some violences committed in the town of Boston, your 
 Excellency should ask this House, whether such proceedings are 
 consistent with the dutiful, humble and loyal representations which 
 we propose should be made. We are sore your Excellency will 
 not expressly charge us with encouraging the late disturbances ; 
 and yet to our unspeakable surprise and astonishment, we cannot 
 but see, that by fair implication it may be argued from the man 
 ner of expression, that an odium was intended to be thrown on the 
 province. We inherit from our ancestors the highest relish for 
 civil liberty ; but we hope never to see the time when it shall be 
 expedient to countenance any methods for its preservation but 
 such as are legal and regular. When our sacred rights are in 
 fringed, we feel the grievance, but we understand the nature of 
 our happy constitution too well, and entertain too high an opinion 
 of the virtue and justice of the supreme legislature, to encourage 
 any means of redressing it, but what are justifiable by the consti 
 tution. We must therefore consider it as unkind for your Excel 
 lency to cast such a reflection on a province whose unshaken 
 
48 MASSACHUSETTS STATE PAPERS. 
 
 loyalty and indissoluble attachment to his Majesty s most sacred 
 person and government was never before called in question, and 
 we hope in God never will again. We should rather have thought 
 your Excellency would have expressed your satisfaction in pre 
 siding over so loyal a people, who in that part of the government 
 where the violences were committed, before there was time for 
 them to be supported by the arm of civil power, and even while 
 the supreme magistrate was absent, by their own motion raised a 
 spirit and diffused it through all ranks, successfully to interpose 
 and^put a stop to such dangerous proceedings. 
 
 |Your Excellency is pleased to recommend a compensation to be 
 made to the sufferers by the late disturbances. We highly disap- 
 prove of the acts of violence which have been committed ; yet till 
 we are convinced that to comply with what your Excellency re- 
 commends, will not tend to encourage such outrages in time to 
 come, and till some good reason can be assigned why the losses 
 those gentlemen have sustained should be made good, rather than 
 any damage which other persons, on any other different occasions, 
 might happen to suffer, we are persuaded we shall not see our way 
 clear to order such a compensation to be made. We are greatly at 
 a loss to know who has any right to require this of us, if we should 
 differ from your Excellency in point of its being an act of justice, 
 which concerns the credit of the government. We cannot con 
 ceive why it should be called an act of justice, rather than gene 
 rosity, unless your Excellency supposes a crime committed by a 
 few individuals, chargeable upon a whole community?) 
 
 We are very sorry that your Excellency should think it needful 
 to intimate that any endeavors have been, and may be used, to 
 lessen your credit with this House. Your Excellency cannot but 
 be sensible that when the popular pulse beats high for privileges, it 
 is no unusual thing for a clamor to be raised against gentlemen 
 of character and eminence. We can assure you that our judgment 
 of men, especially those in high stations, is always founded upon 
 our experience and observation. Wliile your Excellency is pleased 
 to make your duty to our most gracious Sovereign, and a tender 
 regard to the interest of his subjects of this province, the rule of 
 your administration, you may rely upon the readiest assistance 
 that this house shall be able to afford you. And you will have our 
 best wishes that you may have wisdom to strike out such a path of 
 conduct, as, while it secures to you the smiles of your Royal Mas 
 ter, will at the same time conciliate the love of a free and loyal 
 people. 
 
 [The Session in September lasted only three days ; and the Court 
 met again October 21. The answer was prepared by S. White, 
 (the speaker,) T. Gushing, S. Dexter, J. Lee, Capt. Sheaffe, Gen. 
 winslow, T. Gray, and Sir. Foster, of Plymouth.] 
 
MASSACHUSETTS STATE PAPERS. 49 
 
 MESSAGE 
 
 OF GOVERNOR BERNARD, TO THE TWO HOUSES, RESPECTING 
 STAMPS, SEPTEMBER 26, 1765. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 A SHIP is arrived in this harbor with stamped papers on board 
 for the Ring s use in this province ; and also with other papers 
 for the like use in the province of New Hampshire and colony of 
 Rhode Island. 
 
 As Mr. Oliver has declined the office of distributor of stamped 
 papers, and cannot safely meddle with what are arrived, the care 
 of them devolves to this government, as having a general charge of 
 the King s interest within it. 
 
 I have already laid this matter before the Council, and they have 
 referred it to the General Court. I therefore now apply to you, 
 jointly, to desire your advice and assistance, in order to preserve 
 the stamped papers designed for this government, being the King s 
 property of very considerable value, safe and secure for his Majes 
 ty s further orders. 
 
 I must also desire you at the same time to consider of the like 
 preservation of the stamped papers designed for New Hampshire 
 and Rhode Island, if the distributors appointed for those govern 
 ments should decline taking charge of them, as in such case the 
 care of them will devolve to this government equally with the others; 
 
 FRA. BERNARD. 
 
 Council Chamber, September 25, 1765. 
 
 ANSWER 
 
 OF THE TWO HOUSES, TO THE FOREGOING MESSAGE} 
 SEPTEMBER 26, 1765. 
 
 May it please your Excellency, 
 
 THE House having given all due attention to your Excellency s 
 message of this day, beg leave to acquaint your Excellency, that 
 as the stamped papers, mentioned in your message, are brought 
 here without any directions to this government, it is the sense of 
 the House that it may prove of ill consequence for them any ways 
 to interest themselves in this matter. We hope, therefore, your 
 Excellency will excuse us if we cannot see our way clear to give 
 you any advice or assistance herein. 
 7 
 
50 MASSACHUSETTS STATE PAPERS. 
 
 Resolutions of the House of Representatives, expressive of their 
 sense of the rights of the colonies, October 25, 1765. 
 
 1. Resolved, That there are certain essential rights of the British 
 constitution of government, which are founded in the law of God 
 and nature, and are the common rights of mankind; Therefore, 
 
 2. Resolved, That the inhabitants of this province are unaliena- 
 bly entitled to those essential rights, in common with all men : 
 and that no law of society can, consistent with the law of God 
 and nature, divest them of those rights. 
 
 3. Resolved, That no man can justly take the property of ano 
 ther, without his consent; and that upon this original principle, 
 the right of representation in the same body which exercises the 
 power of making laws for levying taxes, which is one of the main 
 pillars of the British constitution, is evidently founded. 
 
 4. Resolved, That this inherent right, together with all other 
 essential rights, liberties, privileges, and immunities of the people 
 of Great Britain, have been fully confirmed to them by Magna 
 Charta, and by former and later acts of Parliament. 
 
 5. Resolved, That his Majesty s subjects, in America, are, in 
 reason and common sense, entitled to the same extent of liberty 
 with his Majesty s subjects in Britain. 
 
 6. Resolved, That by the declaration of the royal charter of this 
 province, the inhabitants are entitled to all the rights, liberties, 
 and immunities of free and natural subjects of Great Britain, to 
 all intents, purposes and constructions whatever. 
 
 7. Resolved, That the inhabitants of this province appear to be 
 entitled to all the rights aforementioned, by an act of Parliament, 
 13th of George II. 
 
 8. Resolved, That those rights do belong to the inhabitants of 
 this province, upon principles of common justice : their ancestors 
 having settled this country at their sole expense, and their pos 
 terity having constantly approved themselves most loyal and faith 
 ful subjects of Great Britain. 
 
 9. Resolved, That every individual in the colonies is as advan 
 tageous to Great Britain, as if he was in Great Britain, and held 
 to pay his full proportion of taxes there. And as the inhabitants 
 of this province pay their full proportion of taxes, for the support 
 of his Majesty s government here, it is unreasonable for them to 
 be called upon to pay any part of the charges of the government 
 there. 
 
 10. Resolved, That the inhabitants of this province are not, and 
 never have been, represented in the Parliament of Great Britain : 
 and that such a representation there, as the subjects in Britain 
 do actually and rightfully enjoy, is impracticably for the subjects 
 in America. And further, that in the opinion of this House, the 
 several subordinate powers of legislation, in Am erica,r were con 
 stituted upon the apprehensions of this impracticability^ 
 
MASSACHUSETTS STATE PAPERS. 51 
 
 11. Resolved, That the only method, whereby the constitutional 
 rights of the subjects can be secure, consistent with a subordina 
 tion to the supreme power of Great Britain, is by the continued 
 exercise of such powers of government as are granted in the royal 
 charter, and a firm adherence to the privileges of the same. 
 
 12. Resolved, As a just conclusion from some of the foregoing^ 
 resolves, that all acts, made by any power whatever, other than 
 the General Assembly of this province, imposing taxes on the in 
 habitants, are infringements of our inherent and unalienable rights, 
 as men and British subjects ; and render void the most valuable 
 declarations of our charter. 
 
 13. Resolved, That the extension of the powers of the court of 
 admiralty within this province, is a most violent infraction of the 
 right of trials by juries : Aright which this House, upon the prin 
 ciples of their British ancestors, hold most dear and sacred ; it 
 being the only security of the lives, liberties, and properties of his* 
 Majesty s subjects here. *^ 
 
 14. Resolved, That this House owe the strictest allegiance to 
 his most sacred Majesty King George the Third; that they have 
 the greatest veneration for the Parliament ; and that they will, 
 after the example of all their predecessors, from the settlement of 
 this country, exert themselves to their utmost, in supporting his 
 Majesty s authority in the province ; in promoting the true happi 
 ness of his subjects ; and in enlarging the extent of his dominion. 
 
 Ordered, That all the foregoing resolves be kept in the records 
 of this House ; that a just sense of liberty, and the firm sentiments 
 of loyalty may be transmitted to posterity. 
 
 [These resolutions passed unanimously ; and the committee 
 who reported them, were S. White, (the Speaker,) Gushing, Ad 
 ams, Dexter, Bowers, Sheaflfe, Witt, Saunders, and Humphrey.] 
 
 [The following communications between the House of Repre 
 sentatives and the Council, will shew how tenacious the former 
 were of their rights.] 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TC\ THE COUNCIL, ON THE SUB- Al 
 JECT OF DRAWING MONEY FROM THE TREASURY BY THE GOVERNOR,, 
 
 AND COUNCIL, WITHOUT CONSENT OF THE HOUSE ; NOVEMBER, e, 1755. -V* 
 
 In the House of Representatives, Resolved, that the following Re 
 monstrance be sent up to his Majesty s Council. 
 
 May it please your Honors, 
 
 AT a time when all this continent are groaning under the 
 burden of taxes necessarily laid on them, by their own Represent- 
 
52 MASSACHUSETTS STATE PAPERS. 
 
 atives, to discharge the arrearages incurred by the late war ; at a 
 time when they are justly complaining that very heavy additional 
 taxes, external and internal, have been imposed on them by the 
 British Parliament, without their consent, and in which they neither 
 are nor can be represented ; at a time when the establishment of 
 Castle William was kept up to the same number of men that his 
 Excellency required in the height of the war, besides four inde 
 pendent companies, excused from all other military duty but that 
 of defending that fortress : At such a time, it is to the last degree 
 astonishing to this House, that the Governor and Council should 
 go about to make an additional establishment of a new company 
 there; and that the sum of \ 16,17 has been actually drawn out 
 of the treasury, for that purpose, by a warrant from the Governor 
 and Council. There is no principle of the British constitution 
 more clearly and firmly established, than that impositions, neither 
 in time of war, or other the greatest necessity or occasion* that 
 may be, much less in the time of peace, neither upon foreign or 
 inland commodities of what nation soever, be they never so su 
 perfluous or unnecessary, neither upon merchants, strangers, or 
 denizens, may be laid by the King s absolute power, without the 
 assent of Parliament, be it for never so short a time. If the Gov 
 ernor and Council have a right, in any case, to raise and pay one 
 company, they may raise ten or an hundred ; and at their pleasure 
 subject this people to be governed by a standing army. We, 
 therefore, in duty to ourselves, our constituents, and to posterity, 
 declare the said procedure to be an high infraction of the rights of 
 this House, with whom the originating and granting all taxes on 
 the freeholders and inhabitants of this province, is indubitably and 
 constitutionally lodged. We are the more alarmed at this extra 
 ordinary step in the Governor and Council, as, besides that it 
 implies a very injurious distrust of the independent companies 
 assigned for the more immediate defence of Castle William ; a 
 similar instance of misapplying the public monies in relation to 
 fitting out a sloop of war, was not long since remonstrated against. 
 
 We earnestly beseech your honors that no measures of this 
 kind be taken for the future, and that you would be pleased to or 
 der that the said sum be replaced in the treasury for the public 
 service. 
 
 [A remonstrance conceived in the same terms with the above, 
 mutatis mutandis, was presented to the Governor/] 
 
MASSACHUSETTS STATE PAPERS. 53 
 
 MESSAGE 
 
 JROM THE COUNCIL TO THE HOUSE OF REPRESENTATIVES, IN ANSWER 
 TO THE ABOVE, NOVEMBER 7, 1765. 
 
 In Council, Resolved unanimously, that the following Message be 
 sent to the House of Representatives. 
 
 Gentlemen of the House of Representatives, 
 
 AT a time when union of councils and unity of measures are 
 so necessary to the welfare and peace of the community, the Board 
 are very sorry that any thing should take place to interrupt the 
 harmony \vhi h ought to subsist between the several branches of 
 the legislature. 
 
 The Board agree with the honorable House that no principle of 
 the British constitution is more clearly and firmly established, than 
 that no impositions upon foreign or inland commodities, or upon 
 merchants, strangers or denizens, may be laid by the King s abso 
 lute power, without assent of Parliament. And the Board appre 
 hend, that they have not, either in their separate capacity, or in 
 conjunction with the Governor, acted inconsistently with that 
 principle. 
 
 It seems necessary to the well being of society, that there should 
 be subsisting within it a power at all times ready to provide against 
 sudden and unexpected emergencies, that by an immediate exertion 
 a positive good may be produced, or a threatened evil prevented. 
 If the General Court could be always sitting, that power would al 
 ways reside therein ; but when this cannot be the case, it would 
 argue great defect in the constitution, to suppose such a power not 
 to exist ; and if it exists at all, it must be in the Governor and 
 Council. From the very nature of government, which is formed 
 for the good of the people, it seems necessary that the Governor 
 and Council, in cases of emergency, should have a power (when 
 the General Court cannot be sitting) to provide for the good of 
 the people. And such a power is deducible from the province 
 charter, which declares, "that the Governor, with the Assistants or 
 Counsellors, or seven of them at the least, shall and may, from 
 time to time, hold and keep a Council for the ordering and directing 
 of the affairs of the Parliament." And the same power is implied 
 in the oath, which each Counsellor is by law obliged to take, upon 
 his admission to the Board, viz. " that he will, to the best of his 
 judgment, at all times, freely give his advice to the Governor for 
 the good encouragement of the public affairs of this government." 
 The Board, however, are by no means fond of exercising such a 
 power ; and wish the occasions for it had never arisen, and may 
 never arise again. And in justice to themselves, they must de 
 clare, that they are not chargeable with making wanton use of any 
 power entrusted with them. 
 
54 MASSACHUSETTS STATE PAPERS. 
 
 What the honorable House mention as exceptional in their con 
 duct, the Board came into with great reluctance. The minds of 
 the people were so agitated at that time about the stamps, that it 
 was generally apprehended that if they were not lodged in some 
 place of security, they would be infallibly* destroyed $ in which 
 case the province might have been answerable at least for the 
 amount of them. Upon this reasoruwithout being more particular, 
 the conduct of the Board stands. (It did not proceed from any af 
 fection for the stani]>s, to which they have as great an aversion as 
 the honorable HouseTj[] nor from a disposition to put the province 
 to a needless expense ; for as soon as they judged it might be done 
 with propriety, they unanimously advised, " that his Excellency 
 give orders to stop any further enlistment, and to discharge the 
 men already enlisted as soon as may be ;" which his Excellency 
 accordingly did. 
 
 (The Board are embarked in the same bottom with the honorable 
 House we must both sink or swim together ; and any expense or 
 injury to the province is suffered proportionally by both. The 
 Board are therefore led by interest as well as principle, to prevent 
 the one, if unnecessary, and to ward off the other ; and in what 
 they did, they thought they were doing what their duty required 
 of themjj the using means to prevent an injury happening to the 
 province, or to prevent the people in the warmth of their temper 
 from hurting themselves. The Board may have misjudged in this 
 matter, they pretend not to be infallible. This, however, they can 
 say, they have been actuated by upright principles ; and so far 
 was it from their intention to make a high infraction, or any in 
 fraction at all on the rights of the honorable House (with whom they 
 arc fully sensible all taxes should constitutionally originate) that 
 their sole aim was the prevention of an evil to the province. And 
 the Board think it their duty, at this time, to declare, that when the 
 government is more immediately devolved on the Governor and 
 Council, they ought not to leave the Commonwealth at hazard, so 
 long as any endeavors of their s consistent with the Constitution 
 can avail to preserve it. 
 
 In the House of Representatives, November 8, 1765 : Resolved, 
 that the following Message be sent to the Honorable Board, in re 
 ply to their answer of yesterday. 
 
 Mr. President, 
 
 THE answer of the Honorable Board to the remonstrance of 
 the House, gives us very sensible concern, as it contains, not only 
 a justification of the measure complained of ; but is, in effect, a 
 declaration of the Honorable Board, that, in the recess of the Gen- 
 
MASSACHUSETTS STATE PAPERS. 55 
 
 eral Court, all the powers of government are devolved on and 
 vested in the Governor anj} Council, at their discretion to be 
 exercised and executed. [As the legislative power of Great Bri 
 tain is by the constitution lodged in the King, Lords and Com 
 mons, so the subordinate provincial legislative power is herfiL 
 lodged in the Governor, Council and House of Representatives^) 
 and it would be quite as constitutional to assert, that in the recess 
 of Parliament, the Supreme Legislative of Great Britain is de 
 volved on his Majesty and the House of Lords, or the Privy -Coun 
 cil, as to affirm, that in the recess of the General Court, all the 
 powers of the Legislature here are devolved on the Governor and 
 Council. It seems to be conceded by the Honorable Board, that 
 if the General Assembly had been sitting, the Governor and Coun 
 cil could not have rightly taken the measures complained of. This 
 is a concession, that it was properly a legislative act. And will 
 the Honorable Board assert, that the Governor and Council are a 
 complete Legislature, in the recess of the General Court^ while it 
 is manifest they have no such distinct power when the General 
 Court is sitting ? Many have been the attempts to make the peo 
 ple of England easy under taxes, imposition and the levies of troops 
 without any parliamentary establishment, but in vain. . The nation 
 could never be brought to so visible an infraction of their native 
 right of giving and granting only such part and proportion of their 
 property to the public service as they might think tit. *. 
 
 The clause in the province charter, recited by the Honorable} 
 Board in their answer, can, by the rules of good construction, only 
 relate $o the executive powers lodged by the said charter in the 
 Governor and Council, ever subject to the just limitation and con 
 trol of the fundamental principles and laws of the constitution* 
 The capital of these is, that, under no color or pretext whatever, 
 can the subject be directly or indirectly taxed, but by his own con 
 sent, in person, or by his representative. There can be no neces 
 sity for so strange an exertion of power and prerogative in the 
 Governor and Council in any emergency that may happen in the 
 recess of the General Court, as very great military powers are by 
 charter lodged in the Governor, who with advice of his Council 
 may ever proclaim the law martial. But should that be done, the 
 pay of the army would depend on the legislative power ; and all 
 grants for that purpose must originate with the representatives of 
 the peopleTj There is nothing more certain than that the Governor 
 and Council of this province, in the recess of the General Court, can 
 rightfully claim only executive powers ; and as they represent the 
 Supreme Executive in Great Britain, we would cheerfully admit, 
 that so far as is necessary for the good of the whole, they may, in 
 cases of urgent necessity exercise the just prerogatives of the Crown, 
 which are, by royal charter, devolved upon them. And, both there 
 and here, as the legislative and executive powers are in different 
 hands, the good of society, for obvious reasons, requires that several 
 
56 MASSACHUSETTS STATE PAPERS. 
 
 things should be left to the discretion of him or them, who have 
 the executive power. But this hinders not but that the preroga 
 tive should in certain instances be expressly limited and bounded. 
 All who are acquainted with the laws and constitution of Great 
 Britain, very well know that the prerogative there is thus limited, 
 and that since the revolution there have been no successful at 
 tempts to leap the bounds firmly fixed at that glorious era. One 
 of those bounds was the appropriation of the several branches of 
 the revenue granted by the Commons, which are in no case to be 
 broken in upon. When any extraordinary exigency takes place, 
 it is to be provided for as well as may be ; and that in confidence 
 of the Parliament ; and the first opportunity is taken to lay the 
 matter before the Commons. Have we ever had even a compli 
 ment of this kind BQ? the Sheriff cannot in any case raise the 
 posse comitatus, or iT"the standing militia answer not the ends of 
 their institution, and in consequence thereof it becomes needful to 
 raise new levies, the House should be called upon for their appro 
 bation, at least ex post facto ; but we have not heard a syllable to 
 this purpose^ We entertain no doubt of the uprightness and good 
 intentions of the Honorable Board, but have only to desire them 
 seriously to consider what the people of this province will have 
 left them worthy the great name of freedom, if it should be con 
 ceded that an unlimited power is devolved on and lodged with the 
 Governor and Council in the recess of the General Court, which 
 recess, with or without the advice of the Council, may, at the pleas 
 ure of the Commander in Chief, be continued from the day of one 
 general election to that of another. If the Governor and Council 
 can, at their discretion, dispose of the public monies when raised, a 
 direct assessment by them on the freeholders and inhabitants of 
 the province, without admiting the House to an opportunity of 
 originating or assenting to the taxes imposed on the subject, would 
 be a very unimportant step. It is impossible the Honorable Board 
 should more sincerely wish for peace and harmony in government 
 than the House. But this is a point we must not, we cannot 
 give up. 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
 REPRESENTATIVES, NOVEMBER 8, 1765. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 I WAS so determined to let the business of this part of the 
 session pass on without any interruption from me, that I have 
 postponed doing myself justice in a matter in which I think I have 
 
MASSACHUSETTS STATE PAPERS. 57 
 
 been much injured. But as it has not been my intention to pass 
 it over in silence, and therefore seem to admit the justice of the 
 charge, I take this opportunity to make the following expostulation. 
 
 Gentlemen of the House of Representatives, ~- 
 
 Your answer to my speech is conceived in terms so different^ * 
 from what you have been used to address me with, that I know* 
 not how to account for it, but from the disordered state of the 
 province, which affects its very councils. I shall therefore avoid 
 reasoning upon the unfair arguments and groundless insinuations 
 which have been made use of to misrepresent me. Time and their 
 own insufficiency will effectually confute them. Time will make you, 
 gentlemen, sensible how much you were deceived when you were 
 prevailed upon to give a sanction to so injurious a treatment of me. 
 
 What, have I done to deserye^this ? I have happened to be the 
 Governor of this province at a time when the Parliament has 
 thought proper to enact a taxation of the colonies. It is not pretended 
 that I have promoted this tax ; nor can it with any truth be pre 
 tended that I have had it in my power to have opposed it by any 
 means whatsoever. However, when the act was passed it brought 
 upon me a necessary duty, which, it seems, did not coincide with 
 the opinions of thej)eople t . This is my offence ; but it is really 
 iihe offence of my office ; and against that, you should have express 
 ed your resentment, and not against my person. If I could have 
 dispensed with my duty, perhaps I might have pleased you ; but 
 then I must have condemned myself, and been condemned by my 
 Royal Master. I cannot purchase your favor at so dear a rate. ^A 
 
 I will however own, if it will please you, that I acted with more 
 zeal for you, than prudence towards myself : I have thought it 
 your duty to submit to this act until you could get it repealed ; I 
 have thought that a submission to it would be the readiest means to 
 obtain a repeal ; I have thought that a disobedience of it would be pro 
 ductive of more hurt to you than a submission to it ; I have urged 
 these things earnestly, because I thought them of great importance 
 to you 5 but still I have acted with a regard to truth and with an 
 upright intention. I may be mistaken in my apprehension of this 
 matter ; but the time is yet to come when it shall appear that I am 
 so. If it should be so, as I heartily wish it may, an error of judg 
 ment, with a good will and fair meaning, does not deserve a severe 
 reprehension ; much less does it deserve it before it really appears 
 to be an error. 
 
 You seem to be displeased with my making the opposition to the 
 execution of the act of Parliament a business of the provincial 
 legislature. But gentlemen, you should consider that it was in 
 pursuance of the unanimous advice of a very full Council that I 
 called you together for this very purpose. It was necessary for 
 me to explain the cause of your meeting ; and I could not avoid 
 being explicit upon the subject, consistent with my sense of duty. 
 8 
 
58 MASSACHUSETTS STATE PAPERS. 
 
 I should have thought myself very inexcusable if I had foreseen 
 danger to the province like to arise from the behavior of the peo 
 ple and not have warned you against them ; but I could not be so 
 indifferent about the welfare of this government. I have therefore 
 acquitted myself ; I have delivered my own soul ; and you will 
 remember, that, if any consequences disagreeable to you shall hap 
 pen, I have not been wantins in guarding you against them. If 
 there shall be none such, so much the better ; I shall be well pleas 
 ed to find myself mistaken. 
 
 To justify your unkind treatment of me, you charge me with 
 unkindness towards the province. This is no uncommon practice ; 
 but let us see in the present case how it is founded. You intimate 
 that if I had had the love and concern for the people which I pro 
 fess, I should have expressed my sentiments of the act early enough 
 to those whose influence brought it into being. But from whence 
 do you learn that I have had any opportunity to express such senti 
 ments ? Do you imagine that I take the liberty of obtruding rny 
 advice to his Majesty s ministers unasked and unexpected, and in 
 a business belonging to a department with which I have not the 
 honor to correspond ? I have never neglected any opportunity to 
 serve the province in those offices to which I have a right to apply, 
 and have taken as great liberty in so doing as perhaps any Governor 
 whatsoever ; but in this business I have had no pretence to inter 
 pose ; nor do I believe any Governor in America has presumed to 
 express his sentiments against the act in question. 
 
 You charge me with casting a reflection on the loyalty of the 
 province, by wresting my words to a meaning which it is not easy 
 to conceive how they could be thought to bear. No one, gentle 
 men, has been louder in proclaiming the loyalty of this province 
 than I myself have. I have boasted of it ; I have prided myself 
 in it ; and I trust the time will come when i shall do so again 5 
 for I hope the estimate of this people will not be formed from a 
 review of the present times, which, in my opinion, have been made 
 much more difficult than they need have been. But this fermenta 
 tion must subside, though it is not easy to say when, or in what 
 mariner ; and the province will be restored to its former peace 
 and reputation. 
 
 If I wanted to apologize for my general conduct in this govern 
 ment, I need only to apply to your registers, where I shall find 
 frequent instances of the approbation of my administration. And, 
 so far as an upright intention, and a diligent exercise of my abili 
 ties will go, I have deserved them. It is not much above a year 
 since you thought proper, by a special request, to desire me to be 
 your advocate for particular purposes. If I was at liberty to make 
 public my execution of that commission, I should make those blush 
 who would persuade you that I am not a real friend to the inter 
 ests, and especially to the trade of this people. Nothing is better 
 understood at home than my attachment to this province. The 
 
MASSACHUSETTS STATE PAPERS. 59 
 
 public offices, where my letters are filed, are full of proofs of it ; 
 and there is not a minister of state, whom I have had the honor to 
 correspond with, who does not know I am far from being unfriend 
 ly to the province, or indifferent to its interests. 
 
 But, gentlemen, you will make me cautious how I force my ser 
 vices upon you. Not that I intend to desert the cause of the pro 
 vince ; I shall still serve it by all means in my power. And really, 
 gentlemen, if you will permit me to give you one piece of advice 
 more, you may possibly stand in such need of advocates as to 
 make it not prudent for you to cast off any of your natural and 
 professed friends : for such I am, and shall always be, in wishes 
 and private offices, whether you will allow me to appear publicly 
 in that character or not. The pains which are taken to disunite 
 the General Court, must have bad consequences, more or less ; 
 but they shall not prevent me pursuing such measures as I shall 
 think most conducive to the general welfare of the province. 
 
 FRA. BERNARD. 
 
 Council- Chamber, November 8, 1765. 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR S SPEECH 
 OF NOVEMBER 8, 1765, PRESENTED JANUARY 17, 1766. 
 
 May it please your Excellency, 
 
 As you was pleased to close the last session of the General 
 Assembly with a speech to both Houses, there was no time for the 
 House of Representatives then to take it under their consideration. 
 Thinking it our duty, however, to give all attention to what your 
 Excellency is pleased at any time to say to us, we have made it 
 the first business of this session carefully to peruse it 5 and should 
 have been glad if we could have passed it over in silence. 
 
 The House, sir, has no disposition to dispute your Excellency s 
 right to deliver your speech to the Assembly at what time you 
 think proper ; yet, if at any time, you are pleased to express 
 yourself in terms which bear hard upon ourselves or our constitu 
 ents, we cannot help observing to your Excellency, that it ap 
 pears to us an undue exercise of the prerogative to lay us under 
 the necessity, either of silence, or of being thought out of season 
 in making a reply. 
 
 Our answer to your former speech might have been " conceived 
 in terms different from what you have been used to ;" and yet be 
 unexceptionable. We are very sorry your Excellency has been 
 pleased to charge it with " unfair arguments and groundless insin- 
 
60 MASSACHUSETTS STATE PAPERS. 
 
 nations to misrepresent you," without pointing out the justice of 
 the charge. 
 
 You tell us, that in order to justify our construction of your 
 words, as being designed to cast an odium on the province, we 
 have i4 wrested them to a meaning, which it is not easy to con 
 ceive they could bear." To vindicate ourselves, we need only re 
 cite your own words. Your Excellency asked the House, " wheth 
 er the late proceedings (meaning the violences which had been 
 committed in Boston, to which you particularly referred) were 
 consistent with the humble, dutiful and loyal representations to 
 his Majesty and the Parliament, which they had proposed." If 
 your Excellency did not intend to have it understood, that the 
 whole province had abetted those violent proceedings, we are ut 
 terly at a loss to apprehend the pertinence of the question. 
 
 The House, however, would not have insisted on this, had not 
 your Excellency expressed as much in your last speech before the 
 prorogation, wherein you say, " that the disordered state of the 
 province, (meaning, as the House apprehend, those violent pro 
 ceedings,) had affected its very councils 5" and allege this as the 
 cause or occasion of the unusual terms, in which they had ad 
 dressed you. And, indeed, what other meaning can we put upon 
 what your Excellency further says in the same speech, " that the 
 House had been prevailed upon to give a sanction to an injurious 
 treatment of you." From all which, this House cannot think it 
 would be putting a forced construction upon your words to con 
 clude, that it is your Excellency s opinion, that the whole bodyof 
 the people had justified the violences committed by a few persons 
 in the town of Boston, (though publicly detested by its inhabi 
 tants) that they were upon the very borders of rebellion, that their 
 representatives had adopted their spirit, and had been prevailed 
 upon, by your enemies out of doors, to give a sanction to an inju 
 rious treatment of you. The House expressed their concern, that 
 your Excellency should entertain such an opinion of a people, 
 whom you have heretofore been pleased to characterise as the most 
 loyal of his Majesty s American provinces. And they are very 
 sorry that you should think you have reason to use such severity 
 of language towards themselves, especially after they had assured 
 you, that their judgment of men, particularly of those in high sta 
 tions, and consequently of your Excellency, was always formed 
 on their own experience and observation. 
 
 Your Excellency s manner of expression, in another part of your 
 speech, fully shews that you have in some measure altered, or at 
 least suspended, your opinion of the people of this province in 
 point of their loyalty : in speaking of which you make use of the. 
 time past and future, without mentioning the present. " No one," 
 you tell us, " has been louder in proclaiming the loyalty of this 
 people than yourself. You have boasted of it ; you have prided 
 yourself in it." And then you add, " that you trust the time will 
 
MASSACHUSETTS STATE PAPERS. 61 
 
 come when you shall do so again." Your present sentiments of 
 them you hide in silence, for which a reason seems to be implied 
 in the hopes you express, " that an estimate of this people will not 
 be formed from a review of the present times." (Of the present 
 times, may it please your Excellency, impartial history will re 
 cord, that the people of this continent, after giving the strongest 
 testimonies of their loyalty to his Majesty, particularly by making 
 their utmost exertions in defending his territories and enlarging 
 his dominion in this part of the world, upon a motion made in this 
 House, gave an equal testimony of a love of liberty and regard to 
 those principles, which are a basis of his Majesty s government, by 
 a glorious stand, even against an act of Parliament 5 because they 
 plainly saw, that their essential, unalienable right of representa 
 tion and of trials by jury, the very foundation of the British con 
 stitution, was infringed, and even annihilated by it. But that 
 they had knowledge aixl virtue enough to regulate their opposition 
 to it by the law, and steadily to^ersevere in such steps as the con 
 stitution has prescribed to obtain its repeal ; that is, by humble, 
 dutiful and loyal representations to his Majesty and the Parlia 
 ment. And we take this occasion to acquaint your Excellency 
 and all the world, that the House of Representatives of this pro 
 vince have in general been expressly instructed by their constitu 
 ents to endeavor to obtain a repeal by all means consistent with 
 their loyalty to their Sovereign, and a due veneration to the Par 
 liament of Great BritaftTTj An estimate, formed from this view, 
 can never be to the disadvantage of the present times. 
 
 Your Excellency says, that these times have been made more 
 difficult, than they need have been ; which is also the opinion of 
 this House. Those who have made them so, have reason to regret 
 the injury they have done to a sincere and honest people. We are 
 glad, however, to find, that the difficulty of the times is, in a great 
 measure, removed ; and we trust, that the province will be soon 
 restored to its former tranquillity your Excellency is pleased to 
 add, " reputation." The custom houses are now open, and the 
 people are permitted to do their own business. The courts of 
 justice must be open open immediately, and the law, the great 
 rule of right in every county in the province, executed.* The 
 stopping the course of justice is a grievance which this House 
 must inquire into. Justice must be fully administered through 
 the province, by which the shocking effects, which your Excellency 
 apprehended from the people s non-compliance with the stamp act, 
 will be prevented. Nothing now remains but to support the King s 
 executive authority in this province, for which there is sufficient 
 provision in the laws ; and patiently to wait in hope* that the hum 
 ble, dutiful and loyal application, jointly made by the people of 
 
 * The courts had been suspended for some months, because they would not proceed to 
 do business without stamps ; and the people declined using them. See doings of the Gen 
 eral Court on the subject, Feb. irov.. 
 
62 MASSACHUSETTS STATE PAPERS. 
 
 the continent for the repeal of the act, will be succeeded. And 
 though your Excellency has told us, that you never thought it prop 
 er to express your sentiments against the act, we have reason to 
 expect, that as it is " a business in which you have no pretence to in 
 terpose," you have never taken any steps to prevent its repeal. 
 
 You are pleased to say, that " nothing is better understood at 
 home than your attachment to this province that the public 
 offices, where your letters are filed, are full of proofs of it ; and 
 that there is not a minister of state, whom you have the honor of 
 corresponding with, who does not know you are far from being 
 unfriendly to the province, or indifferent to its interests." This 
 House would, by no means, dispute the sincerity of your Excel 
 lency s declarations ; and we think we might from hence conclude, 
 that though " you have happened to be the Governor of this pro 
 vince, at a time when the Parliament has thought proper to enact 
 a taxation of the colonies," you did not promote this tax ; your 
 Excellency indeed is not pleased* so expressly to declare this 5 
 yet as you have the honor of 9orresponding with ministers of 
 state, we might have been at least induced to believe, had not your 
 Excellency said, that it could not with any truth be pretended, that 
 you had it in your power, by some means, to have prevented it. 
 And it was upon the presumption of your great interest in the 
 British Court, that the House took the liberty of saying, that the 
 love and concern you profess to have for the people of your pro 
 vince might have been powerful motives to your Excellency to 
 have expressed your sentiments of the act early enough to those 
 whose influence brought it into being. But your Excellency has 
 fully satisfied us with regard to this matter, by intimating in your 
 speech, " that you never had an opportunity to express such senti 
 ments ;" that it was a business belonging to a department, " with 
 which you have not the honor to correspond, and in which you had 
 no pretence to interpose 5" and " that your sentiments delivered to 
 his Majesty s ministers unasked," upon an affair, which most nearly 
 affected the liberties of his subjects under your government, u would 
 be deemed an obtrusion." Upon all which, the House forbear to 
 make any remarks ; and thank your Excellency for assuring us, 
 that you have never neglected any opportunity of serving the pro 
 vince in those offices, to which you have a right to apply. 
 
 You are pleased to remind us of the frequent instances, in our 
 registers, of the approbation of your administration. Your Excel 
 lency will allow them to be testimonies of the justice of this people 
 and of their good disposition towards you. We wish you were at 
 liberty to make public your execution of that commission, which 
 your Excellency mentions, wherein you were specially requested 
 by a former House to be their advocate for particular purposes. 
 For your Excellency may be assured that this House is at all 
 times ready to acknowledge, with gratitude, the wisdom and fidel 
 ity of your administration, as well as any kind offices which you 
 
MASSACHUSETTS STATE PAPERS. 63 
 
 are pleased to do the province in a more private manner, when 
 ever you shall make us sensible of them. We shall always think 
 the province happy in your real friendship, and should be very- 
 sorry, should you think it necessary " for the future to be cautious 
 in the exercise of it." 
 
 The pains which your Excellency mentions, as having been taken 
 to disunite the General Court, have not been within our observa 
 tion. And you may rely upon it, that nothing on our part will be 
 wanting to cultivate that harmony which is ever necessary, and es 
 pecially at this dangerous conjuncture, while your Excellency shall 
 pursue such measures as shall be most conducive to the general 
 welfare of the province. 
 
 [This answer was reported by J. Otis. J. Bowers, S. Adams, 
 Gen. Winslow, Capt. Sheaffe, T. Cushing and Col. Gerrish.] 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
 REPRESENTATIVES, JANUARY 16, 1766. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 You are met together at the usual time for opening the winter 
 session : I have no immediate commands from his Majesty to pro 
 pose to you ; nor any thing of myself to recommend, but the dis 
 patch of the ordinary business of the session with all proper 
 expedition. 
 
 Whenever the time shall come when my service can be made 
 acceptable to you, it will not be wanting. At present I have only 
 to desire, that in framing such matters as must be sent up to me 
 for my consent, you will duly consider the nature of my office and 
 the obligations I am under not to dispense with the duties of it. 
 
 FRA. BERNARD. 
 Council Chamber, January 16, 1766. 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES TO THE ABOVE, JANUARY 16, 176& 
 
 May it please your Excellency, 
 
 HAVING considered your speech at the opening of this session* 
 the House of Representatives beg leave to say, that they have the 
 utmost reason to confide in the paternal care of our most graciou^ 
 
6 MASSACHUSETTS STATE PAPERS. 
 
 Sovereign, who ever makes the happiness of all his subjects the 
 great rule of his government. That, as it is their indispensable 
 duty, so it is their fixed determination, in every part of their con 
 duct, to make the honor of his Majesty, and the welfare of his sub 
 jects of this province, the grand objects of their attention. That 
 while they persevere in such steps, as have a manifest tendency to 
 promote these most valuable purposes, they cannot possibly coun 
 teract the nature arid design of your office, nor interfere with your 
 obligations not to dispense with the duties of it ; and that they have 
 therefore just reason to expect your countenance and consent 
 when it shall be necessary. 
 
 We thank you, sir, for the kind assurance you are pleased to 
 give us, that " whenever the time shall come when your service 
 can be acceptable to us, it shall not be wanting ;" and we only 
 add, that since his Majesty was pleased to honor you with the gov 
 ernment of this his province, we have never known the time when 
 your Excellency s service would not have been very acceptable 
 to us. 
 
 [The committee were Mr. Otis, Mr. Dexter, Col. Bowers, Mr. 
 Adams, Major Humphrey, Capt. Sheaflfe, and Mr. Gushing.] 
 
 REPORT 
 
 OF THE HOUSE OF REPRESENTATIVES, ON GRIEVANCES. JANUARY 21, 1T66. 
 
 THE committee to whom was referred the examination into, and 
 consideration of, the grievances the people of this province labor 
 under, reported as follows, and desired leave to sit again. 
 
 1. The Governor and Council printing the stamp act and the 
 mutiny act, especially against the known sense of this House, who 
 had refused to be at the expense of printing the stamp act, is a 
 grievance. 
 
 2. The printing acts of Parliament at any time at the expense 
 of this province, and more especially when the sense of this House 
 is known to be against it, as was the case in the late printing the 
 stamp act, is bringing an unconstitutional expense on this people, 
 and a grievance. 
 
 3. The Governor s holding a private Council weekly without the 
 warning for the general Council, required by charter, and with 
 their advice exercising a legislative power, as has been of late fre 
 quently, particularly in taking upon them to regulate and stop the 
 interest of the public securities, is a great grievance, and of very 
 dangerous tendency. 
 
 4. The shutting up the Courts of Justice in this province, par 
 ticularly the superior court, which is not yet open, nor like to be 
 
MASSACHUSETTS STATE PAPERS. 65 
 
 as we can learn, has a manifest tendency to dissolve the bonds of 
 civil society 5 is unjustifiable on the principles of law and reason, 
 dangerous to his Majesty s Crown and dignity, and in disherison 
 thereof, and an intolerable grievance on the subject, to be forth 
 with redressed. 
 
 PROCEEDINGS 
 
 OF THE COUNCIL AND HOUSE OF REPRESENTATIVES, RESPECTING 
 SITTING OF COURTS, JANUARY AND FEBRUARY, 1766. 
 
 IN the House of Representatives, October 26, 1765, ordered, 
 that the Speaker, (Mr. White,) Gen. "Winslow, Mr. Gushing, Mr. 
 Adams, Mr. Gray, Col. Clap, Mr. Brown, and Capt. Sheaffe, 
 with such as the Honorable Board shall join, be a committee to 
 consider and report some proper methods to prevent difficulties 
 which may arise in the proceedings of courts of justice through 
 the province, and any other matters. In Council, read and concur 
 red ; and I. Erving, W. Brattle, Nathaniel Sparhawk, Harrison 
 Gray, Thomas Flucker, and R. Tyler, are joined in the affair. 
 
 October 50th. The committee of both Houses appointed the 
 26th instant, to consider and report some proper methods to pre 
 vent the difficulties which may arise, reported the following re 
 solve : 
 
 Whereas his Excellency the Governor has informed the two 
 Houses, that A. Oliver, Esq. lately appointed to distribute the 
 stamped papers within this province, has in manner and form de 
 clined the office, and his Excellency has also declared that he has 
 no warrant, order or authority whatever to distribute the stamped 
 papers, or to unpack the bales, or separate the parcels, or order 
 any person whatever so to do. In consequence of which, his Ex 
 cellency further says, that he has, in pursuance of the advice of 
 Council, ordered the stamped papers to be deposited at Castle 
 William ; there to be preserved entire and without being unpacked 
 for his Majesty s further orders ; and whereas the stamp act is 
 looked upon, even by the most sensible and judicious persons in 
 the colonies, to be so grievous and unconstitutional, as that it is not 
 supposed, that any person will think it consistent with his own re 
 putation to act in said office. In order, therefore, to prevent the 
 interruption of the courts of justice through the province, and 
 many evils which may arise, unless such remedy is provided as the 
 great necessity and importance of the case immediately requires ; 
 
 Be it resolved, that the Justices of the Superior Court, the Jus 
 tices of the Courts of Common Pleas for the respective counties, 
 Judges of Probate, Clerks of all Courts, Registers of Deeds and of 
 Probate, Sheriffs, Coroners, and all ethers, who by said act are re- 
 9 
 
66 MASSACHUSETTS STATE PAPERS. 
 
 quired to make use of stamped papers, be, and they are hereby 
 ordered and directed to proceed in the same manner in the execu 
 tion of their respective offices, as if the said act had never passed ; 
 and all papers whatever, which are subject to be stamped by said 
 act shall, without the stamp, be deemed valid, during this emer 
 gency. In Council read and sent down. 
 
 In the House of Representatives, read and ordered that this re 
 port be recommitted ; and that the committee be directed to sit 
 forthwith. 
 
 fin the House of Representatives, January 23, 1766 : Resolved, 
 tnat the shutting up of the Courts of Justice in this province, par 
 ticularly the Superior Court, has a manifest tendency to dissolve 
 the bonds of civil society, is unjustifiable on the principles of law 
 and reason, and dangerous to his Majesty s Crown and dignity, a 
 very great grievance on the subject that requires immediate re 
 dress ; and that, therefore, the Judges and Justices and all other 
 public officers in this province, ought to proceed in the discharge of 
 their several functions as usual. 
 
 In Council, January 30 : Resolved, that the vote of the House 
 of Representatives of the 23d instant, relative to the opening of 
 the several Courts of the province, be farther referred for coQsid- 
 eration and that it be recommended tothe "Ju stioelToTlHerS upe - 
 Irior^Court of Judicature to meet together as soon as may be, and 
 determine whether they will open the said Court at the next term 
 and proceed upon the trial of civil actions, and all other business as 
 usual, or not ; and that they communicate such their determination 
 to this Board and the Secretary is directed to write to each of 
 said Judges immediately by express, and enclose to each a copy of 
 this resolve*^ 
 
 In the House of Representatives, February 14, 1766 : Resolved, 
 that the shutting up of the Courts of Justice in this province, par 
 ticularly the Superior Court, has a manifest tendency to dissolve 
 the bonds of civil society, is unjustifiable on the principles of law 
 and reason, and dangerous to his Majesty s Crown and dignity, a 
 very great grievance on the subject that requires immediate re 
 dress. And that, therefore, the Judges and Justices and all other 
 public officers in this province, ought to proceed in the discharge of 
 their several functions as usual. 
 
 In Council, read and ji on -concurred ; and ordered, that the grounds 
 of the Board s proceeding herein, be subjoined as follows : The 
 Board are sensible, that the shutting of the Courts of Justice in 
 this province, would be attended with fatal consequences, as the 
 Honorable House are 5 but on the Board s recommending it to the 
 &islie.s of the Superior Court to consider and determine whether 
 they would, at the next term, proceed to try civil actions, and do 
 other business as usual, the Justices took the matter into considera 
 tion, and returned their answer thereon in writing to the Board ; 
 by which answer, and the verbal declaration since made by some 
 
MASSACHUSETTS STATE PAPERS. 67 
 
 of the Justices, the Board are fully satisfied, that the Superior 
 Court will, at the next term, be open and proceed as usual to do 
 business. And the Board are, from other evidence, likewise satis 
 fied, that the other Courts will, at their respective terms, be open 
 and proceed to business as usual. 
 
 Extract of a letter from W. Bollan, Esquire, dgent for the pro 
 vince, in England, to the Secretary, dated April 30, 1766. 
 
 SIR, 
 
 MY time, since the receipt of your last letter, as well as some 
 months before, having been employed in strenuous endeavors to 
 promote directly or indirectly the province service, every possible 
 mean of advancing the public welfare in those, so difficult times, 
 being very desirable, I hope the General Court will pardon my not 
 answering it sooner. Prejudice,*the powerful enemy of truth and 
 justice, preventing, in a great measure, in my opinion, a true sense 
 of your just constitutional rights taking place; for this, and other 
 reasons, in order to its extirpation, or a diminution of its force, I 
 attempted, in a public essay, to expose the malignity of its nature, 
 at the same time endeavoring to strengthen and secure that freedom 
 of speech and writing upon public affairs, which have, in times past, 
 been so severely restrained, and which is so necessary to the de 
 fence of your rights and interests, which in some respects will ever 
 be best defended here, when the advocate for them, who spares no 
 pains or expense, may not only consult and use the records of the 
 kingdom relative to the foundation of the colonies, or that of the 
 state whereof they are members ; but likewise being provided with 
 proper preparatory knowledge, may be ready effectually to support 
 his own propositions against all objections, and refute the many er 
 roneous notions which are from time to time advanced to your pre 
 judice ; apprehending, that, sooner or later, attempts might be 
 made to take away the necessary freedom. But, indeed, not ex 
 pecting that any of our politicians would so soon endeavor to sub 
 ject persons, in any case, to the pains and penalties of a pracmunire 
 for their use of this freedom in behalf of the colonies. And offences 
 relative to the interior transactions of the colonies, respecting their 
 lands, monies, goods, and domestic concerns, having been made cog 
 nizable in the court of admiralty, which proceeds according to the 
 civil law, I set forth, in part, the introduction and nature thereof, 
 together with the great mischiefs and dangers that have ensued on 
 taking away trials by juries, with the severities of the Court of Star 
 Chamber, and other arbitrary proceedings; for the avoidance hereof 
 your ancestors settled New England. My original plan was so 
 large, and in point of execution so difficult, in many particular?. 
 
. 
 
 68 MASSACHUSETTS STATE PAPERS. 
 
 that though I pursued it with diligence, it was impossible to execute 
 it within the desirable season, in its full extent, and I was extremely 
 hurried in despatching the last and most important part which relates 
 to the nature and rights of the colonies, and their firm, proper and 
 perpetual union with their mother country, which I have ever had 
 much at heart ; together with matters preparatory to the repeal of 
 the stamp act. After having, I believe, examined all the records in 
 the kingdom which relate to the settlement of America, by various 
 searches at the tower, and the offices wherein the Parliament rolls 
 are kept, three records, mentioned in my essay, were found, whereof 
 two relate to Calais. The act which provided for its sending mem 
 bers to Parliament, and which contains a very great variety of reg 
 ulations for that place, remain in the office at Westminster ; and 
 the writ that issued thereupon remains in the tower, as well as the 
 ordinance of Edward I. This act, I believe, was never published. 
 On the publication of this essay, several judicious persons, friends 
 of the colonies, some of whom were men of consequence, being of 
 opinion that publishing immediately a proper number of copies of 
 such part as related directly to the colonies would be serviceable, 
 I thereupon got five hundred copies despatched, which were chiefly 
 given to the members at the doors of the House of Commons and 
 House of Lords, the remainder being given to other persons. And 
 during the violence of those contests which took place pending the 
 repeal of the stamp act, when it was believed by intelligent per 
 sons, that the ministry would be changed, and a persuasion pre 
 vailed, that this act would consequently be enforced, I directly 
 wrote a more spirited piece, touching trial by juries, and other in 
 teresting points, which had the approbation of an able judge, one 
 of the principal friends and promoters of the repeal, as well as 
 others. But the ministerial revolution, which was so much feared, 
 riot taking place, and matters taking a desirable turn, he thought it 
 advisable not to publish it ; and not to mention other particulars, 
 I have since done every thing which lay in my power for the service 
 of the province. 
 
 Extract of a letter from Secretary Comzay to Governor Bernard, 
 dated October 24, 1765, and by the Governor communicated to 
 the House of Representatives, January 22, 1766. 
 
 IT is with the greatest concern his Majesty learns the disturb 
 ances which have lately arisen in your province ; the general con 
 fusion that seems to reign there ; and the total languor and want of 
 energy in your government to exert itself with any dignity or effi 
 cacy, for the suppression of tumults, which seem to strike at the 
 very being of all authority and subordination amongst you. 
 
. 
 
 - 
 
 MASSACHUSETTS STATE PAPERS. 69 
 
 Nothing can certainly exceed the ill advised and intemperate con 
 duct held by a party in your province, which can in no way con 
 tribute to the removal of any real grievance they might labor under, 
 but may tend to impede and obstruct the exercise of his Majesty s 
 benevolent attention to the ease and comfort, as well as to the wel 
 fare of all his people. 
 
 It is hoped and expected, that this want of confidence in the jus 
 tice and tenderness of the mother country, and this open resistance 
 to its authority, can only have found place among the lower and 
 more ignorant of the people. The better and wiser part of the col 
 onies will know that decency and submission may prevail, not only 
 to redress grievances, but to obtain grace and favor, while the out 
 rage of a public violence can expect nothing but severity and chas 
 tisement. 
 
 These sentiments you, and all his Majesty s servants, from a sense 
 of your duty to, and love of your country, will endeavor to excite 
 and encourage. You will, in the strongest colors, 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, insepara 
 ble from such a conduct. 
 
 For, how r ever unwillingly his Majesty may consent to the exer 
 tion 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, un 
 der the pretence of redressing grievances,, should presume to violate 
 the public peace. 
 
 Extracts from letters written by R. Jackson, Esq. Agent for the 
 Colony, in England, to Governor Bernard, dated November and 
 December, 1765, February and March, 1766. 
 
 [Though these are not precisely some of the papers promised in 
 the title page, as they discover the views and opinions of men in 
 power in England, it was thought proper to insert them here.] 
 
 "NOVEMBER 8, 1765. 
 
 " I CONFESS I cannot foresee what government will do here, 
 but am informed they, are determined to support the stamp act, and 
 not to give way to its repeal. How far they may be right in this, 
 
70 MASSACHUSETTS STATE PAPERS. 
 
 I dare not judge yet ; but I am sure great moderation and temper, 
 and even some strong proofs of regard are necessary, to conciliate 
 the affections of the Americans, which I find are universally tainted. 
 It is impossible to excuse the lower class in America, or the indis 
 cretion of those who set them on, even for a man who has American 
 affections only ; for this indiscretion and extravagance, cannot but be 
 highly prejudicial to America. At the same time I shall always con 
 demn and lament the conduct of those in Great Britain, who by 
 their stations and interest in the welfare of the British empire, 
 should neither have wanted wisdom to direct them, nor anxious 
 concern to have disposed them to have listened to it. I heartily 
 disapproved of the stamp act before it passed : I voted against it, 
 and doubt not I shall vote for the repeal. I know your sentiments 
 were the same as mine on this subject, as well as those of Lieu 
 tenant Governor Hutchinson, however the misguided rabble have 
 chose him as an object of their resentment. What will be the 
 consequences of the misconduct on both sides the water, I cannot 
 foresee : I assure you I have no greater hopes than from the very 
 \rise speech you have left the country to meditate on. 
 
 " When I began this, and when I wrote by the packet, I was in 
 clined to think there was no chance of the repeal of the stamp 
 act ; I well knew that many men, who are among the most neces 
 sary to the new administration, were always the strongest advocates 
 for this tax, and indeed for taxes in general in America ; and I had 
 pretty good intelligence, that there was a resolution to carry it 
 through. I believe long before you receive this, you will have had 
 some proofs of it from this side the water ; yet the day after I 
 wrote my last letter, I collected from conversation I had with sev 
 eral persons (some of whom may be said to have a share in the ad 
 ministration, and others I know have a great portion of the confi 
 dence of those who have,) that if any reasonable and moderate 
 conduct of the colonies give us an opportunity of decently step 
 ping back, we shall probably repeal the act. I confess when I see 
 what has happened here, already, and in America, I am in the ut 
 most anxiety about the event, and am little relieved by the assur 
 ances I speak of." 
 
 "NOVEMBER 9, 1765. 
 
 C I cannot express my concern for what has happened in Amer 
 ica ; God knows what the consequences will be ; sure I am that 
 the conduct of the Americans will weaken the power of friends here 
 to serve them. I wish the leading men knew a little more of this 
 country ; no man in England is more disposed to serve them than 
 myself. I sincerely think that in serving them, I serve the interests 
 of the whole British empire. I shall heartily contribute all that 
 lies in my power to bring about a repeal of the stamp act ; I sin 
 cerely think, that whatever be the power of Parliament, in discre 
 tion, it ought not to exercise thatpoivcr, in laying taqes on America^ 
 
MASSACHUSETTS STATE PAPERS. 71 
 
 while it has no share in the election of the members of the House 
 of Commons ; yet I cannot think that resistance to an act of the 
 British Legislature is justifiable on any principle that will not over 
 turn any government in the world. 
 
 " Nothing can be more unjust than the treatment of the worthy 
 and unfortunate Lieutenant Governor, nothing can be a greater proof 
 of the blindness of the rabble. I know that he has urged the 
 weightiest arguments against the obnoxious acts ; and that they have 
 been used at home from his materials." 
 
 "NOVEMBER 26, 1765. 
 
 " I cannot yet guess what are the intentions of administration 
 on the subject of America ; I have received encouragement to hope 
 the best, not from ministers, but from some closely connected with 
 them. My own conduct has been, and will continue uniformly the 
 same ; I shall always oppose Parliamentary taxes in America, and 
 wish to see Parliaments seldom interfere in American affairs. If 
 they are to do it, I shall dread the worst, unless America has a 
 choice of members given her. At all events, I think acts of the 
 Legislature are to be obeyed. I should be glad to hear some good 
 news from New York, such as may found the most favorable reso 
 lutions for America." 
 
 "DECEMBER 26, 1765. 
 
 " I am unwilling to let slip any opportunity of writing to you, 
 though I know of little new since I wrote last, for ministry wear 
 the same appearances it did then. Upon the two divisions we have 
 had in the House of Commons, and one in the House of Lords, they 
 have carried every thing before them. For my own part, though I 
 have nothing to expect from them, and indeed want nothing, I 
 heartily wish them continuance of power, that nothing may retard 
 the wished for measures in American affairs." 
 
 "FEBRUARY 16, 1766. 
 
 " What will become of the stamp act, I dare not guess ; no 
 labor of mine has been spared to obtain its repeal ; which is how 
 ever strongly opposed, and at present by an apparent majority in the 
 House of Lords, as far as one can apply that majority to the stamp 
 act. For we have yet come to no resolution on that subject in our 
 House ; we have been perusing letters, public papers, and examin 
 ing witnesses, and now and then debating a little for near three 
 weeks, besides coming to some resolution on the right of Parliament. 
 Your public letters have justly done you great honor in both, espe 
 cially our House. I think there can be no objection to my saying, 
 (as I intend to do w r hen the debate on the bill comes on) that I 
 know both you and Mr. Hutchinson s opinion, were against passing 
 
- 72 MASSACHUSETTS STATE PAPERS, 
 
 the bill ; though you have both so well done your duty in supporting 
 it, as far as in your power." 
 
 " MARCH 3, 1766. 
 
 "I cannot let this vessel sail without acquainting you that the 
 stamp act is probably on the point of being repealed ; since we have 
 ventured to conclude that the House of Lords will hardly throw out 
 the bill. The repeal, however, could not have been obtained with 
 out another act for declaring the right of Parliament to bind the 
 colonies by laws in all cases whatsoever ; which will probably as 
 little prejudice them, as the power we claim in Ireland, the manner 
 of exercising which you are acquainted with. 
 
 a The carrying the repeal of the stamp act is miraculous. I say 
 not this to get any credit for myself. I have in truth done all in my 
 power, but this is very little indeed ; though I have never been a 
 minute out of the House of Commons for above six weeks whilst it 
 has been on, often till ten at night, not seldom till three in the 
 morning. This I should have done, had I been agent to no province 
 or colony in America." 
 
 "MARCH 15, 1766. 
 
 " I have the pleasure to inform you, that you have great credit 
 here ; and that there can be no difficulty in your obtaining a con 
 firmation of Mount Desert in any form. I shall forthwith concert 
 measures with Mr. J. Pownall for that purpose. The confirmation 
 of the other grants has been postponed at the earnest desire of the 
 Lords of Trade, who are overwhelmed with other business, as well 
 as attendance on Parliament ; but I have promises that they may 
 pass at or soon after Easter. 
 
 " I say you are in great credit here ; because you are always 
 mentioned with great respect in both Houses of Parliament, and 
 from thence, elsewhere ; not but some reports have been spread to 
 your disadvantage ; particularly, that you might at the beginning, 
 by acting with vigor, have nipped the spirit of sedition in the bud ; 
 though they acknowledge it was impracticable after the first day. I 
 mention this to you, because it may be of service to you to know 
 it ; though hardly worth your while to attempt to refute it, as it 
 seems almost forgot, or at least drowned in the general approbation 
 your conduct, sentiments, and opinion have found here. 
 
 I sincerely believe the moderation and good sense of your letters, 
 as well as your express opinion have contributed much to the repeal 
 of the stamp act ; as well as to the ease we expect on the head of 
 molasses and foreign sugar ; the duty on the former will be reduced 
 I believe to one penny ; and though the duty on the latter cannot 
 be brought to a reduction, the warehousing it will be permitted in 
 order to bring it to an European market. 
 
 u With regard to the stamp act, it will probably be repealed on 
 Monday or Tuesday, in the House of Lords ; where there has been 
 
MASSACHUSETTS STATE PAPERS, 73 
 
 a strong opposition, and where there will be another debate. This 
 opposition has been chiefly built on the resistance of the Americans 
 to the authority of Parliament ; on the principles this resistance has 
 been supposed to be founded ; and on the expectation of future 
 resistance to acts of all sorts on these principles. 
 
 u In the course of the debates in both Houses, it has appeared 
 that iiaiever was the practice of England to lay internal taxes on 
 her dominions, that were not represented ; or that if this practice 
 ever was occasionally varied from, it was always complained of ; 
 and the practice either dropped, or a representation called to sit in 
 Parliament soon after. I endeavored to shew in the House of 
 Commons, that in all ages and nations a difference has been made 
 and felt, (though, perhaps not distinguished by a line,) between ex 
 ternal and internal taxes, as well as between all taxation and gen 
 eral legislation. In all times laws have been made affecting all the 
 English dominions ; sometimes external taxes imposed by a repre 
 sentation not general. In England itself, laws have been continual 
 ly (down to the civil wars) enacted by proclamation, and external 
 taxes levied without consent of Parliament ; but though these have 
 been occasionally condemned and questioned in the reign of James I. 
 and Charles I., they never were before, unless it were by being 
 granted by Parliament, after they had some time been levied for 
 years without grant. Whereas the statute book abounds with judg 
 ments of the Parliament, that internal taxes ought not to be levied 
 without consent of Parliament, that is, the representation of that 
 part of the kingdom that paid, for the others were not taxed ; though 
 being excepted, it looks as if the Parliament thought they would 
 have been charged by general words. 
 
 " I hope all difficulties arising from the stamp act will be soon re 
 moved ; it was, I think, in effect, repealed in the House of Lords yes 
 terday ; for on a division upon the second reading, the majority, 
 Lords and Proxies, was thirty-four. I assure you, your opinion has 
 much contributed to this, and that opinion has received weight from 
 all your letters read in both Houses of Parliament. The present 
 ministry and their friends have to a degree made themselves respon 
 sible for the future conduct of the Americans, who would certainly 
 be guilty of the basest ingratitude, if they should abuse the confi 
 dence put in them by their friends, after those who they deem their 
 enemies, have built so much on the expectation that they will. But 
 I hope this will not be so." 
 10 
 
74f MASSACHUSETTS STATE PAPERS. 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF REPRESENTA 
 TIVES, MAY 29, 1766. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 I HAVE great pleasure in being able to open this General Court 
 with congratulating you upon the repeal of the stamp act. When 
 I consider the difficulties, with which this business has labored, 
 and the causes from whence they arose ; when I look back upon 
 the dangers which this people have so narrowly escaped, I cannot 
 but earnestly wish, that a proper improvement may be made of 
 this happy event, so as to restore this province to the public repu 
 tation, and the domestic peace, which it happily enjoyed before 
 the late distractions. 
 
 In times of public calamity, it is not unusual for private inter 
 ests and resentments to intermix themselves with popular discon 
 tent, and execute their purposes under the borrowed mask of 
 patriotic zeal. This has been the primary cause of that unlimited 
 abuse which has been cast upon the most respectable characters in 
 this province : at a time when integrity and ability should rather 
 have been solicited to the aid of the people, than deterred from 
 serving them. Of this I have no little experience myself; but it 
 has not abated my concern for the welfare of the conntry, nor 
 prevented my endeavors to promote it. 
 
 To such a degree of injustice has the late infatuation been car 
 ried, that the principal object of the fury of the people, was a 
 gentleman to whom they were most highly indebted for his servi 
 ces in the very cause for which they rose against him.* And it is 
 remarkable that those persons, who framed and conducted the 
 only American petition, which was read and well received in 
 Parliament, and was of real use in procuring the repeal, have been 
 proscribed by the invidious name of friends to the stamp act : 
 when in truth such a character did not exist in the province, 
 unless it was in the persons of the accusers themselves, whose, 
 violent and precipitate measures created all those difficulties, 
 which the united efforts of every friend of America, in every rank 
 and station, were but just able to sur-nouht. 
 
 It were to be wished, that a veil could be drawn over the late 
 disgraceful scenes. But that cannot be done, till a better temper 
 and understanding shall prevail in general, than seems to be at 
 present, if we can judge from some proceedings, which I fear, 
 when known at home, will afford matter of triumph to those who 
 were for maintaining the stamp act ; and sorrow and concern to 
 
 * Lieutenant Governor Hutchinson, no doubt. 
 
MASSACHUSETTS STATE PAPERS. 75 
 
 those who procured its repeal. But the inflammation of this coun 
 try has been a grand object with some persons, and neither the 
 indulgence of Parliament, nor the moderation of government, nor 
 the exigency of the times, have as yet been able to put a stop to 
 that pursuit. 
 
 However, I have given my testimony against these proceedings, 
 in a manner very disagreeable to me, and very contrary to my 
 disposition. Whilst the business of the General Court was car 
 ried on in good humor and with good understanding, I have been 
 unwilling to interrupt the general harmony by too great an atten 
 tion to my own sentiments, and have frequently given up my opin 
 ion to what has in any degree appeared to be the voice of the 
 people. Every person who hears me, can, more or less, give testi 
 mony of the mildness and moderation of my administration ; how 
 much I have endeavored to remove and prevent distinctions of . 
 men and divisions of parties ; and how little I have interposed my 
 judgment against the sense of the Councils over which I have pre 
 sided. 
 
 (jTut when the government is attacked in form ; when there is a 
 proFest intention to deprive it of its best and most able servants, 
 whose only crime is their fidelity to the Crown,* I cannot be indif 
 ferent; but find myself obliged to exercise every legal and consti 
 tutional power to maintain the King s authority against this ill 
 judged and ill timed oppngnation. of it?) At the same time, I 
 publicly declare, that whenever an opportunity shall offer to 
 restore to the provincial councils, that harmony and union which 
 not long ago it was my pride to cultivate, I will embrace it most 
 cordially ; a"nd will use my utmost endeavors to heal the divisions 
 and bury the animosities, which the late distractions have created. 
 In the mean time, as I have appeared before the British Parlia 
 ment a true friend to the province, as well as a faithful servant to 
 the Crown, I shall leave it to this ^ood people to recognise me in 
 that united character, at their own time and in their own manner. 
 
 Gentlemen, 
 
 I am in continual expectation to receive his Majesty s commands 
 to lay before you matters of importance ; and whenever they shall 
 arrive I shall be obliged to call you together again. I therefore 
 think it advisable to make this session as short as well may be ; 
 and recommend it to you, not to engage in any business, which 
 does not require present despatch. The consideration of the 
 terms upon which the stamp act has been repealed ; of the expec 
 tations of the Parliament, that the Americans will not abuse the 
 
 * In electing Counsellors, the following gentlemen, who had been of the Board for sevT\ 
 eral years, were not chosen, viz. 1 ho. Hutchinson, A. Oliver, P. Oliver, and Edmund Trow- 
 bridge. The Governor also gave a negative to the election of J. Otis, as Speaker, and of 
 Col. Otis, J. Gerrish, Tho. Saimders, J. Bowers, N. Sparhawk, and S. Dexter, who had been \ 
 chosen Counsellors. \ 
 
76 MASSACHUSETTS STATE PAPERS. 
 
 indulgencies granted them ; and of the assurances which the pro 
 moters of the repeal have publicly given, that it will be most grate 
 fully and humbly received, is a subject which I could well enlarge 
 upon 5 but I shall reserve it to another opportunity, when 1 shall 
 
 frobably be assisted by special instructions for that purpose, arid 
 hope shall be able to speak to you with greater authority than my 
 ownf FRA. BERNARD, 
 
 Council Chamber, May 29, 1766. 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES TO THE FOREGOING SPEECH. 
 JUNE 3, 1766. 
 
 May it please your Excellency, 
 
 THE House of Representatives of this province, beg leave to 
 return to your Excellency our congratulations upon the repeal of 
 the stamp act; a most interesting and happy event, which has dif 
 fused a general joy among all his Majesty s loyal and faithful sub 
 jects throughout this extensive continent. 
 
 This is a repeated and striking instance of our most gracious 
 Sovereign s paternal regard for the happiness and welfare of all 
 his subjects. We feel upon this occasion, the deepest sense of 
 loyalty and gratitude. We are abundantly convinced that our 
 legal and constitutional rights and liberties will always be safe 
 under his propitious government. We esteem the relation we 
 have ever stood in with Great Britain, the mother country, our 
 happiness and security. We have reason to confide in the British 
 Parliament, from this happy instance, that all his Majesty s faith 
 ful subjects, however remote, are the objects of their patronage 
 and justice. 
 
 When we reflect on the difficulties under which this important 
 business labored, and the causes from whence they arose, we are 
 truly astonished that they have been surmounted ; and we grate,- 
 fully resent the noble and generous efforts of those illustrious pat 
 riots who have distinguished themselves in our cause. Indeed, 
 when we look back upon the many dangers from which our coun 
 try hath, even from its first settlement, been delivered, and the 
 policy and power of those, who have to this day sought its ruin, 
 we are sensibly struck with an admiration of Divine goodness, and 
 would religiously regard the arm which has so often shielded us. 
 
 Upon so joyful an occasion, we were in hopes your Excellency 
 would have spread a veil over every disagreeable scene in the late 
 times of public calamity ; but to our surprise and astonishment, 
 we find your Excellency declaring in your speech, at the opening 
 
MASSACHUSETTS STATE PAPERS. 
 
 of the General Court, that this cannot be done till a better temper 
 arid understanding shall prevail in general, than there seems to be 
 at present. Though your Excellency has seen reason to form so 
 unfavorable an opinion of the present times, we beg leave, with all 
 humility, to ask, whether so great a liberality as you have shown. 
 labour strictures upon them, has a tendency to make them better ? 
 ^Private interests and resentments," "popular discontent," 
 " unlimited abuse on the most respectable characters." These 
 and such like expressions, run through a considerable part of your 
 speech. We should have been glad if your Excellency had given 
 some intimation, at least, that you did not mean to cast reflections 
 on either of the two Houses, to whom your speech was immedi 
 ately addressed. We have reason to fear, that whatever were your 
 intentions, this construction will be put upon it by those who 
 would be glad to improve the authority of your Excellency to our 
 disadvantage. Upon this account, we find ourselves under a ne 
 cessity, explicitly to declare to your Excellency, that no private 
 resentments of ours, have intermixed with popular discontent. 
 We have no interest detached from, or inconsistent with, the 
 common good ; we are far from having any " ill purposes" to ex 
 ecute, much less under the " borrowed mask of patriotic zeal," or 
 any other hypocritical disguise. It has ever been our pride to cul 
 tivate harmony and union, upon the principles of liberty and vir 
 tue, among the several branches of the legislature, and a due respect 
 and reverence for his Majesty s representative in the province! 
 We have endeavored to solicit integrity and ability to the aid"ot 
 the people, and are very sorry if gentlemen of character have, by 
 any means, been deterred from serving their country, especially 
 in time of danger, when the eyes of all might have been upon them 
 for deliverance. At such a time, for true patriots to be silent, is 
 dangerous. Your Excellency tells us of an unlimited abuse which 
 has been cast upon the most respectable characters, of which you 
 have had no little experience yourself ; but you assure us that it 
 has not abated your concern for the welfare of the country, nor 
 prevented your endeavors to promote it. We thank your Excel 
 lency ; and upon this assurance we have reason to hope you have 
 employed your influence in behalf of this people, at a time when 
 they so much stood in need of it, in representing their behavior, in 
 general, in the most candid and favorable view. In this light his 
 Majesty, his Ministry and Parliament, have been desirous of view 
 ing it, and when this good people shall find that your Excellency 
 has served them in so essential a point, they will, we are sure, be 
 ready " to recognize you in the united character of a true friend 
 to the province, and a faithful servant of the Crown." 
 
 But, may it please your Excellency, we cannot forbear observ 
 ing, that when you are speaking, as we conceive, of the injustice 
 done his Honor the Lieutenant Governor, the last year, your man 
 ner of expression would lead -a stranger to think that so horrid an 
 
78 MASSACHUSETTS STATE PAPERS. 
 
 act of villany was perpetrated, by the body of this people. The 
 infatuation, you tell us, " has been carried to such a degree of in 
 justice, that the principal object of the fury of the people, was a 
 gentleman to whom they were most highly indebted for his services 
 in the very cause for which they rose against him. Your Excel 
 lency, no doubt, means that the whole people, and not apart only, 
 were most highly indebted to this gentleman for his services, and 
 that the particular cause in which he had been engaged, concerned 
 them all ; and yet, so infatuated have the body of the people been, 
 that they even rose against this very gentleman, and made him the 
 object of their fury ! Is not this the natural meaning of your words ? 
 And will it not, sir, afford matter of triumph to the unrelenting 
 enemies of this province, to hear the Governor himself declaring 
 that this was the "prevailing temper of the people;" that such 
 was their " violent and precipitate measures," and that a veil can 
 not, even now, be drawn over so " disgraceful a scene," because 
 the same temper among the people in general still prevails. There 
 may, sir, be a general popular discontent upon good grounds. [The 
 people may sometimes have just reason to complain ; your Excel 
 lency must be sensible, that in such a circumstance, evil minded 
 persons may take the advantage, and rise in tumult. This has 
 been too common in the best regulated and best disposed cities in 
 Europe. Under cover of the night a few villains may do much 
 mischief. And such, sir, was the case here ; but the virtue of the 
 people themselves finally suppressed the mob ; and we have rea 
 son to believe, that the unaffected concern which they discover at 
 so tragical a scene, their united detestation of it, their spirited 
 measures to prevent further disorders, and other circumstances 
 well known to the honorable gentleman himself, have fully satisfied 
 him, that such an imputation was without reason. But for many 
 months past there has been an undisturbed tranquillity in general, 
 in this province, and for the greater part of the time, merely from 
 a sense of good order in the people, while they have been in a 
 great measure deprived of the public tribunals, and thej&Uninis- 
 tration of justice, and so far thrown into a state of nature.*J 
 
 We are at a loss to conceive your Excellency s meaning, when 
 you allude to some proceedings which " when known at home you 
 fear will afford matter of triumph to those who were for maintain 
 ing the stamp act, and sorrow and concern to those who procure 
 its repeal ;" and when you tell us that " the inflammation of the 
 country has been a grand object with some persons," we cannot 
 suppose your Excellency would make a public declaration of a 
 matter oF such importance without good grounds. An attempt to 
 inflame a country is a crime of very dark complexion. You tell 
 us that a stop has not yet been put to that pursuit ; we hope you 
 
 * The courts had. been suspended for some months. See proceedings on that subject, pag-e 
 65 of this volume. 
 
MASSACHUSETTS STATE PAPERS. 79 
 
 have taken every prudent and legal step in your own department 
 to prevent it. Permit us however, to say, that it is possible you 
 may have been misinformed, by persons not well affected to 
 this people, and who would be glad to have it thought that we were 
 turbulent and factious, and perpetually murmuring, even after 
 every cause of complaint is removed. Such characters may still 
 exist in the persons of some who have taken all occasions from the 
 just resentment of the people, to represent them as inflammatory, 
 disaffected and disloyal. Should there be any persons so aban 
 doned, as to make it the object of their policy, to inflame the 
 minds of the people against a wise, a good, a " mild and moderate 
 .administration," they may be assured of the severest censures of 
 this House as soon as they are known. 
 
 But the manner in which you are pleased to explain the grounds 
 of your testimony against the elections of the present year, seems 
 to imply that it is your opinion that the two Houses have been so 
 far influenced by an inflammatory spirit in particular persons, as 
 even to make an attack upon the government in form. The two 
 Houses proceeded in these elections with perfect good humor and 
 good understanding ; and as no other business had been transacted 
 when we were favored with your speech, it is astonishing to us, 
 that you should think this a time to "interrupt the general har 
 mony." Lffe are wholly at a loss to conceive how a full, free and 
 fair election can be called " an attack upon the government in 
 form," " a professed intention to deprive it of its best and most 
 able servants," " an ill-judged and ill timed oppugnation of the 
 King s authority." These, may it please your Excellency, are high 
 and grievous cfiarges against the two Houses, and such as we hum 
 bly conceive, no crowned head since the revolution has thought fit 
 to bring against two Houses of Parliament. It seems to us to be 
 little short, if any thing, of a direct impeachment of the two 
 Houses of high treason. Oppugnation of the King s authority is 
 but a learned mode of expression, which reduced to plain English, 
 is fighting against the King s most excellent Majesty. But what, 
 sir, is the oppugnation which we have been guilty of? We were 
 summoned and convened here to give our free suffrages at the gen 
 eral election, directed to be annually made by the royal charter. 
 We have given our suffrages according to the dictates of our con 
 sciences, and the best light of our understanding. rFTwas certainly 
 our right to choose, and as clearly a constitutionaijtawer in your 
 Excellency to disapprove, without assigning a reason either before 
 or after your dissent. Your Excellency has thought proper to dis 
 approve of somg] We are far even from suggesting that the coun 
 try has by this means been deprived of its best and ablest servants. 
 We have released those of the Judges of the Superior Court who 
 had the honor of a seat at the Board, from the cares and perplexi 
 ties of politics, and given them opportunity to make still farther 
 advances in the knowledge of the law, and to administer right and 
 
80 MASSACHUSETTS STATE PAPERS. 
 
 justice within this jurisdiction. We have also left other gentle 
 men more at leisure to discharge the duties and functions of their 
 important offices. This surely is not to deprive the government 
 of its best and ablest servants, nor can it be called an oppugnation 
 of any thing, but a dangerous union of legislative and executive 
 power in the same persons ; a grievance long complained of by 
 our constituents, and the redress of which some of us had special 
 instruction, to endeavor at this very election to obtaih.A 
 
 Your Excellency is pleased to say, that only one of all the 
 American petitions " was well received and of real use in produc 
 ing the repeal ;" that petition was forwarded from this province 
 in season, to be presented to the Parliament, before the stamp act 
 was passed ; by whose influence the presentation of it was so 
 long delayed by Mr. Agent Jackson, and omitted through that 
 whole session of parliament, it is needless for us at present to in 
 quire. If it was so well received, as your Excellency tells us it 
 was, and of real use in procuring the repeal, there is reason to 
 think it might have had its designed effect to prevent the passing 
 that act, and saved this continent from that distress and confusion 
 in which it has been involved. But your Excellency is under a 
 mistake, in supposing that this petition, alone, was well received 
 and of real use. Those from the late general congress, we are in 
 formed by our agent Mr. Deberdt, were early laid before the Min 
 istry, and were well received by them. He tells us, that Mr. Sec 
 retary Conway kindly undertook to present that, which was pre 
 pared for his Majesty ; and as the royal ear is always open to the 
 distresses of his people, we have not the least reason to doubt but 
 that so united a supplication of his American subjects was gra 
 ciously considered by him 5 and with regard to those to the two 
 Houses of Parliament, one of them at least we know was highly 
 approved of by the chairman of the committee for American affairs, 
 was read in the House of Commons, and supported by Mr. Pitt ; 
 it was never rejected, and we cannot suppose it failed of due at 
 tention merely for want of form. In truth sir, we look back with 
 the utmost pleasure upon the wisdom of the last House of Repre 
 sentatives, in proposing such a union of the colonies ; and although 
 some have taken great pains to lessen the weight and importance 
 of the late congress in the minds of the people, we have the 
 strongest reason to believe that their firm and prudent measures 
 had a very great influence in procuring this happy repeal. 
 
 You are pleased to make a declaration that " whenever an op 
 portunity shall offer to restore harmony and union to the provincial 
 councils, you will most cordially embrace it." The time, sir, is 
 already come ; never was there so happy a juncture, in which to 
 accomplish so desirable an end ; and it will be the pride of this 
 House to improve it ; with this disposition we come together. If 
 any expression or sentiment in yonr speech should have a contrary 
 effect, as it will so far deleat our honest intention, it will fill us 
 
MASSACHUSETTS STATE PAPERS. 81 
 
 with real concern. Permit us also to say, that it will disappoint 
 the expectations of his Majesty and the Parliament in repealing 
 the stamp act ; for it is most reasonable in them to expect that the 
 restoration of the colonies to domestic peace and tranquillity will 
 be the happy effect of the establishment of their just rights and 
 liberties. 
 
 When your Excellency shall " be assisted by special instruc 
 tion, and speak to us with greater authority than your own," we 
 shall be all attention ; being assured, from past experience, that 
 every thing coming from his Majesty will be full of grace and 
 truth. 
 
 [This answer was prepared by T. Gushing, (the Speaker,) J. 
 Otis, S. Adams, Co!. O. Partridge, Maj. Hawley, Mr. Saunders, 
 and Mr. Dexter.] 
 
 SPEECH 
 
 OP GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
 REPRESENTATIVES, JUNE 3, 1766. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 I HAVE received a letter from the right honorable Mr. Secre^ 
 tary Conway, enclosing two acts of Parliament ; one for securing 
 the dependency of the colonies on the mother country, and the 
 other for the repeal of the stamp act. At the same time he is pleas 
 ed to signify what his Majesty and his Parliament expect from the 
 colonies, in return for the indulgence shewn them. I am also or 
 dered to recommend to you^tnat lull and ample compensation be 
 made to the late sufferers by the madness of the people ; and for 
 that purpose I am directed to lay before you the votes of the House 
 of Commons, expressing their sense upon that subject ; whose hu 
 manity and justice, it is hoped, it will be your glory to imitate. The 
 whole of this letter is conceived in such strong, patriotic and con 
 clusive terms, that I shall not weaken it by a representation of my 
 own, other than this short capitulation necessary to introduce what 
 I have to say on the subject. 
 
 I cannot but lament, that this letter did not arrive before the 
 meeting of the General Court. If it had, I flatter myself, it would 
 have prevented a transaction, which must now be regretted more 
 than ever. I mean your excluding from the King s Council the 
 principal Crown Officers ; men, not only respectable in themselves 
 for their integrity, their abilities, and their fidelity to their country, 
 as well as to their King ; but also quite necessary to the adminis- 
 11 
 
82 
 
 MASSACHUSETTS STATE PAPERS. 
 
 tratkm of government in the very station from whence you have 
 displaced them. By this you have anticipated the expectations of 
 the King and Parliament, and disappointed them, before they have 
 been communicated to you. It is not. in your power, in so full a 
 manner as will be expected, to shew your respectful gratitude 
 to the mother country, or to make a dutiful and affectionate return 
 to the indulgence of the King and Parliament. ^JFmust and will 
 be understood, that these gentlemen are turned outTor their defer 
 ence to acts of the British Legislature. Whilst this proceeding 
 has its full effect, you will not, you cannot avoid being chargeable 
 with unthankfulness and dissatisfaction on ground of former heat 
 and prevailing prejudice. It is impossible to give any tolerable 
 coloring to this proceeding. If it should be justified, by asserting 
 a right ; that it is a legal power to choose whom you please, with 
 out regard to any considerations whatever ; the justification itself 
 will tend to impeach the right. But if your right is ever so abso 
 lute, the distinction between a right, and the propriety of exercis 
 ing it, is very obvious ; as this distinction has so lately been used 
 with great effect to your own interest.] Next to wishing, that this 
 had never happened, it is to be wisfretT, that some measures might 
 be formed to draw a veil over it 5 or at least to palliate it, and pre 
 vent its bad effects ; which surely must be very hurtful to this 
 province, if it should be maintained and vindicated. If any expe 
 dients can be found out for this purpose, I will heartily concur in 
 them ; and, in general, I will make the best use of all means, which 
 you shall put into my hands, to save the credit of the province upon 
 this unhappy emergency ; and 1 will set off to the best advantage 
 I can, all other methods which you shall take to demonstrate those 
 sentiments which are expected from you in the most effectual 
 manner. 
 
 Gentlemen of the House of Representatives, 
 
 fThe requisition contained in this letter is of a most singular na 
 ture-; and the only one of the kind which I have known since I 
 have served his Majesty in America. It is founded upon a reso 
 lution of the House of Commons, formed after a full consideration 
 
 f the matter^and represented to his Majesty by the address of 
 that House. Qhp justice and humanity of this requisition is so 
 forcible, that it cannot be controverted. The authority, with which 
 it is introduced, should preclude all disputation about complying 
 with ttri I hope, therefore, you will add to the merit of your com 
 pliance by the readiness of it, and assume to yourselves the honor 
 which now offers itself, of setting the first example of gratitude 
 and dutiful affection to the King and Parliament, by giving those 
 proofs of it, which are now pointed out to you. I must observe, 
 that it is from the Provincial Assembly, that the King and Parlia 
 ment expect this compensation should be made to the sufferers, 
 
MASSACHUSETTS STATE PAPERS. 83 
 
 without referring them to any other person whatever. Who ought 
 finally to be charged with this expense, may be a proper considera 
 tion for you ; and I shall readily concur with you in your resolu 
 tions thereon, after the sufferers have been fully satisfied?*] 
 
 Gentlemen, 
 
 Both the business and the time are most critical ; and let me 
 intreat you to recollect yourselves, and consider well what you 
 are about. When the fate of the province is put in a scale, which 
 is to rise or fall, according to your present conduct, will you suffer 
 yourselves to be influenced by party animosities, or domestic feuds ? 
 Shall this fine country be ruined, because every person in govern 
 ment has not been gratified with honors or office, according to the 
 full of his pretensions ? Shall the private interests, passions or re 
 sentments of a few men, deprive this whole people of the great 
 and manifold advantages, which the favor and indulgence of their 
 Sovereign and his Parliament are even now providing for them ? 
 There never was, at any time whatever, so. fair a prospect of the 
 improvement of the peace and ivelfare of this province, as is now 
 opening to you. Will you suffer this pleasant view to be inter 
 cepted or overclouded by the ill humors of particulars ? When 
 wealth and happiness are held out to you, will you refuse to ac 
 cept them ? Surely after his Majesty s commands are known, and 
 the terms in which they are signified, well considered, the very 
 persons who have created the prejudices and prepossessions, 
 which I now endeavor to combat, will be the first to remove them, 
 and prevent their ill effects. 
 
 It is now declared, that " such is the magnanimity of the King 
 and his Parliament, that they seem disposed, not only to for 
 give, but to forget those unjustifiable marks of an undutiful dispo 
 sition too frequent in the late transactions of the colonies." It is 
 my desire to render this grace as beneficial and extensive within this 
 province as can well be made. But it must be expected that who 
 ever intends to take the benefit of it, should entitle themselves to 
 it by a departure from that offensive conduct which is the object of 
 it. Here, then, it will be necessary to draw a line, to distinguish 
 who are, and who are not, the proper objects of the gracious inten 
 tion of the King and Parliament. And if, after this proffered 
 grace, any person shall go beyond this line ; and still endeavor 
 directly or indirectly to foment a division between Great Britain 
 and her colonies, and prevent that connexion of policy and union of 
 interests, which are now in so fair a way of being established to 
 perpetuity, surely that man will have much to answer for to both 
 countries, and will probably be called to answer. 
 
 But I hope it will not be so, not in a single instance ; but that 
 every person, even they who have given the greatest offence, will 
 embrace this opportunity to restore peace to their country, and 
 
84 MASSACHUSETTS STATE PAPERS. 
 
 obtain indemnity for themselves. And all such who shall really 
 desire to reconcile themselves to the King s government, either at 
 home or here, may be assured, that without a future deliquency, 
 every thing past will, as fast as can be, be buried in total oblivion. 
 No one can suspect me of want of sincerity, in making this decla 
 ration ; as too ready a forgetfulness of injuries has been said to be 
 my weakness. However, it is a failing, which I had rather suffer 
 by, than be without. 
 
 I have spoken to you with sincerity, openness and earnestness, 
 such as the importance of the subject deserves. When the fate 
 of the province seems to hang upon the result of your present de 
 liberations, my anxiety for the event, I hope, will make my warmth 
 excusable. If I have let drop any word, which may seem severe 
 or unkind, let the cause I am engaged in, apologize for it ; and 
 where the intention is upright, judge of what I say, not by detach 
 ed words or syllables, but by its general purport and meaning. I 
 have always been desirous of cultivating a good understanding 
 with you. And when I recollect the former happy times, when I 
 scarce ever met the General Court, without giving and receiving 
 testimonies of mutual approbation, I cannot but regret the inter 
 ruption of that pleasant intercourse, by the successful artifices of 
 designing men, enemies to the country, as well as to me. But 
 now, that my character for affection to the province, and attention 
 to its interests, is confirmed by the most authentic testimonials, I 
 hope that at the same time, you renew your duty to the King, you 
 will resume a confidence in his representative. 
 
 FRA. BERNARD. 
 
 ANSWER 
 
 OF THE COUNCIL TO THE GOVERNOR S SPEECH, AT THE OPENING OF THE 
 ~~ FRJlbJLKI 1 iJLbSKLMj AND.TO HIS SPEECH OF THE THIRD INSTANT, 
 JUNE 7, 1766. 
 
 May it please your Excellency, 
 
 THE Board having taken into consideration your two speech 
 es, beg leave to return our warmest congratulations on the repeal 
 of the stamp act ; an event that has created the greatest and most 
 universal joy which was ever felt on the continent of America ; 
 and which promises the most happy fruits to Great Britain, from 
 the growing prospect and grateful affection of her colonies. Not 
 insensible of the difficulties which have attended this important 
 affair, and the dangers, which, not only this province,. but all 
 
MASSACHUSETTS STATE PAPERS. 85 
 
 America have escaped, we assure your Excellency, that nothing 
 shall be wanting on our part, which may contribute towards a pro 
 per improvement of this happy event, and the promoting so desir 
 able an object as domestic peace. From such a disposition, we 
 cannot but take notice, with regret, of any thing, which threatens 
 to draw the least cloud over the present general joy. It is with 
 pain we express our apprehension, that your Excellency s speech 
 may tend to lead some, who are not acquainted with the state of 
 the province, to entertain such an opinion of the government, or 
 the people, or both, as they do not deserve. When your Excel 
 lency is pleased to mention " inflammations, distractions, infatua 
 tions, and the fury of the people," you seem to refer to some 
 enormities committed by unknown and abandoned persons, in a 
 time of universal uneasiness and distress. But your Excellency 
 cannot mean to impute these enormities, justly abhorred by all 
 ranks among us, to the body of this people, or any branch of the 
 government. Detestable as they are, they can never lessen the 
 reputation of this province ; nor doth it need a veil on this occa 
 sion. Villains are to be found in the best communities on earth ; 
 and whatever excesses may have happened in America, under our 
 late distressing apprehensions, the relief kindly granted us, demon 
 strates that our most gracious Sovereign, and the British Parlia 
 ment, knew how to distinguish the complaints and dutiful remon 
 strances of loyal subjects, who thought themselves aggrieved, from 
 the violences of a profligate rabble. Notwithstanding the intima 
 tions dropped from your Excellency, we are sure no ill temper 
 generally prevails among us ; nothing that can lead the Parlia 
 ment to repent its indulgence to us ; nothing that can afford just 
 matter of triumph to those who were for maintaining the stamp 
 act, nor of sorrow and concern to those who procured its repeal. 
 
 Your Excellency is pleased further to say, " when the govern 
 ment is attacked in form, when there is a professed intention to 
 deprive it of its best and most able servants, whose only crime is 
 their fidelity to the Crown, I cannot be indifferent 5 but find my 
 self obliged to exercise every legal and constitutional power to 
 maintain the King s authority against this ill judged and ill timed 
 oppugnation of it." Whatever might have been your Excellency s 
 intention, this is, according to the more obvious meaning of your 
 expressions, a heavy charge, in which no particular persons, or 
 any order of men are specified, delivered in a speech to both 
 Houses of Assembly, and which the world is left to place where it 
 pleases. 
 
 Your Excellency expressly says, there has been an attack upon 
 government in form; and an ill judged and ill timed oppugnation 
 of the King s authority. A regard to our own character, to truth 
 and justice, and the reputation of the province, in which we have 
 the honor to serve his Majesty, oblige us to speak upon this point 
 with a freedom, in which we are far from meaning the least disre- 
 
86 MASSACHUSETTS STATE PAPERS. 
 
 spect to your Excellency. Silence, upon such an occasion, would 
 merit the imputation, which some may be ready, from your man 
 lier of expression, to lay upon us, and would prove us equally un 
 worthy of the choice which has been made of us, and your Excel 
 lency s approbation. { Have, then, the people of this province been 
 guilty of an attack upon government in form, or of any oppugnation 
 of the King s authority ? We declare to your Excellency, we 
 know of no such thing. The people, ever loyal to the best of 
 Sovereigns, and sensible of their felicity in connexion with, and 
 subprdination^to, the mother country, have given new and unaf- 
 i ected testimony that these happy dispositions have increased in 
 all orders, upon the indulgence granted to them. They have re 
 joiced, with the highest marks of honor and gratitude to"the King, 
 to both Houses of Parliament, and to our friends and patrons in 
 Great Britain. They continually demonstrate a natural and warm 
 affection to the country from which they derive, and by which they 
 have been protected and cherisheclT} It has been no small addition 
 to the joy of the wise and sober upon the late great occasion, that 
 quite through the province good order and decorum have happily 
 been preserved ; and it is to the honor of that gracious Prince, 
 under whose government, all ranks among us account themselves 
 happy. And we think it of peculiar importance, at the present 
 season, to the people of this province, that they be viewed in this 
 light. Your Excellency will, therefore, allow us to bear this pub 
 lic testimony ; a testimony which may perhaps appear the more 
 disinterested, as it comes from those who are not their more im 
 mediate representatives, nff the above cited passage, and in a 
 great part of your speech, iF*y our Excellency had a particular re 
 ference to the transaction of both Houses in the late election of 
 Counsellors, we beg leave to assure your Excellency, that we know 
 of nothing done by the General Assembly on that day, which can, 
 with any shadow of propriety, be deemed an attack upon govern 
 ment, or an oppugnation of the King s authority. Every part of 
 the Legislature has acted in its proper place, and exerted those 
 powers only with which they were entrusted by charter. No 
 branch has usurped, or interfered with, the right of another. 
 Diversity of sentiment respecting men and measures, and colli 
 sions of parties are commoa in all free governments. Some elec 
 tions have been made, which your Excellency has signified your 
 disapprobation of 5 and it has had its effect. No one having called 
 in question your right to negative such elections, or opposed you 
 in the exercise of this branch of your authority. It would be im 
 proper to deliver our opinion of the expediency of any instances 
 in which your Excellency and the two Houses of Assembly have 
 exerted the several powers which respectively belonged to each. 
 But we are obliged to assert, that nothing has takeivplace but what 
 has been constitutional and according to the chartfcri And we are 
 persuaded your Excellency, upon reflection, will not think that an 
 
MASSACHUSETTS STATE PAPERS. 87 
 
 election duly made, though disagreeable to the chair, deserves to 
 be called a formal attack upon government, or an oppugnation of 
 the King s authority. And should any thing like this be ever at 
 tempted, your Excellency would find this Board zealous to defend 
 our Sovereign s honor and the constitutional power of his represen 
 tative. We beg leave to assure your Excellency, that we shall 
 heartily join with you in healing divisions and burying animosities, 
 should they arise ; and that we shall cheerfully contribute all our 
 power to the peace and honor of your administration. 
 
 May it please your Excellency, 
 
 The letter from the right honorable Mr. Secretary Conway, to 
 your Excellency, accompanying your second speech from the chair, 
 affords us a most agreeable occasion of repeatedly declaring the 
 strong sentiments of respect and gratitude, with which we regard 
 the lenity and tenderness already so remarkably manifested on 
 the part of his Majesty and the Parliament, to the American colo 
 nies, and the prospect given us of some additional indulgencies ; 
 for all which it will be our pleasure, as it must be our glory, to 
 make the most dutiful and affectionate returns. These are the 
 dispositions which have uniformly influenced this Board, before 
 we saw this letter, so happily adapted to confirm us in them. And 
 we beg leave to assure your Excellency, that from these disposi 
 tions we shall continue to act. 
 
 There are several paragraphs in your Excellency s speeches, 
 which have been construed to bear hard on the gentlemen, who 
 now constitute the Board 5 but your explanation of them in Coun 
 cil, and your repeated declarations, that you had no such intention, 
 have given satisfaction to the Board. 
 
 We again beg leave to assure your Excellency, that our best 
 abilities shall be faithfully employed in promoting his Majesty s 
 honor and interest, and in making every part of your administra 
 tion easy and happy ; and such testimonies of your conduct, as 
 are contained in Mr. Secretary Conway s letter, will not suffer us 
 to conclude, without recognizing your Excellency in the united 
 character of a true friend to the province, and a faithful servant to 
 the Crown. 
 
 [The committee who reported the above, were W. Brattle, J. 
 Bowdoin, H. Gray, N. Ropes, and R. Tyler ; and the committee 
 who presented it, were W. Brattle, G. Bradford, T. Flucker, J. 
 Powell, and J. Pitts.] 
 

 88 MASSACHUSETTS STATE PAPERS, 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR S SPEECH, 
 JUNE 5, 1766. 
 
 May it please your Excellency, 
 
 (THE House have fully considered your Excellency s speech 
 of the third instant, and beg leave to observe, that as on the one 
 hand no consideration shall ever induce us to remit in the least our 
 loyalty and gratitude to the best of Kings, so on the other, no un 
 provoked asperity of expression on the part of your Excellency 
 can deter us from asserting our undoubted charter rights and pri 
 vileges. One of the principal of those is> that of annually choosing 
 his Majesty s Council for this province. 
 
 Had the most excellent letter from one of his Majesty s princi 
 pal Secretaries of State, which has been communicated to the 
 House, arrived sooner, it could not have prevented the freedom 
 6f our elections ; nor can we, on the strictest examination of the 
 transactions of the day of our general election, so far as the House 
 was concerned, discover the least reason for regret. So long as 
 we shall have our charter privileges continued, we must think our 
 selves inexcusable, if we should suffer ourselves to be intimidated 
 in the free exercise of them. This exercise of our rights can never, 
 with any color of reason, be adjudged an abuse of our libertJJ 
 
 Lest we should be at a loss for the proceedings and transac 
 tions which have given your Excelleucy so much uneasiness, you 
 have been pleased to inform us, in express terms, that you " mean 
 the excluding from the King s Council the principal Crown Offi 
 cers ; men not only respectable in themselves for their integrity, 
 their abilities and their fidelity to their country, as well as to their 
 King, but also quite necessary to the administration of government 
 in the very station from whence we have displaced them." Had 
 your Excellency thought fit to have favored us with your senti 
 ments and opinion of the candidates previously to the election, it 
 could not have more arrested our attention as a breach of our privi 
 leges ; and it would surely be as proper to give intimations of this 
 kind before, as now the business is past a remedy, for this year at 
 least. The Assembly of another year will act for themselves, or 
 under such influence and direction as they may think fit. The 
 two Crown Officers who were of the Honorable Board the last 
 year, and not chosen this, are the Lieutenant Governor and Sec 
 retary. The other gentlemen of the Board last year, who are not 
 chosen this, hold only provincial commissions. This province has 
 subsisted, and flourished, and the administration of government 
 has been carried on here entirely to the royal approbation, when 
 no Crown Officers had a seat at the Board, and we trust this may 
 
MASSACHUSETTS STATE PAPERS. 89 
 
 be the case again. We find not in the Secretary of State s letter 
 the least intimation that it was expected by his Majesty or his 
 Ministry, that we should elect into his Majesty s Council the 
 principal, or indeed any other Crown Officers. For any thing 
 that appears in the letter, we are left entirely to the exercise of 
 our own judgment and best discretion in making our elections 
 agreeably to the royal charter. 
 
 If it is not now in our power in so full a manner, as will be ex 
 pected, to show our respectful gratitude to the mother country, or 
 to make a dutiful, affectionate return to the indulgence of the 
 King and Parliament, it shall be no fault of ours ; for this we in 
 tend and hope, we shall be able fully to effect. *~~\ 
 
 We cannot persuade ourselves that it must and will be under-* 
 stood that those gentlemen were turned out, as your Excellency 
 is pleased to express it, for their deference to acts of the British 
 Legislature. We have given the true reason of this proceeding 
 in our answer to your Excellency s first speech of this session. 
 We are under no apprehension that when the true grounds and 
 reasons of our proceedings are known and candidly considered, 
 we shall be in the least degree chargeable with unthankfulness 
 and dissatisfaction on ground of former heat and prevailing preju 
 dice? or on any other ground. 
 
 Your Excellency says, " it is impossible to give any tolerable 
 coloring to this proceeding." The integrity and uprightness of 
 our intentions and conduct is such, that no coloring is requisite, 
 and therefore we shall excuse ourselves from attempting any. 
 We hold ourselves to be quite free in our suffrages ; and provided 
 we observe the directions of our charter, and the laws of the land, 
 both which we have strictly adhered to, we are by no means ac 
 countable but to God and our own consciences for the manner in 
 which we give them. We believe your Excellency is the first 
 Governor of this province that ever formally called the two House? 
 of Assembly to account for their suffrages, and accused them of 
 ingratitude and disaffection to the Crown, because they had not 
 bestowed them on such persons as in the opinion of the Governor, 
 were quite necessary to the administration of government. Had 
 your Excellency been pleased in season to have favored us with a 
 list, and positive orders whom to choose, we should, on your prin- Jy 
 ciples have been without excuse. But even the most abject slaves ! 
 are not to be blamed for disobeying their master s will and pleas 
 ure when it is wholly unknown to thenO * i 
 
 Your Excellency says, " If it shoulcf be justified by. asserting a I 
 right, that is, a legal power to choose whom we please, without re 
 gard to any considerations whatever, the justification itself will tend 
 to impeach the right." We clearly assert our charter rights of a 
 free election. But for your Excellency s definition of this right, 
 viz. " a legal power to choose whom we please, without regard to 
 any considerations whatever," we contend not. We made our 
 12 
 
90 MASSACHUSETTS STATE PAPERS. 
 
 / elections after the most mature and deliberate consideration, and 
 had special regard to the qualifications of the candidates, and all 
 circumstances considered, chose those we judged most likely to 
 serve his Majesty, and promote the welfare and prosperity of his 
 people. We cannot conceive how the assertion of our clear char 
 ter right of free election can tend to impeach that right or charter. 
 \Vewould hope that your Excellency does not mean open and 
 publicly to threaten us with a deprivation of our charter privileges, 
 merely for exercising them according to our best judgment and 
 discretion. As to us, as our charter is, we should think it of very 
 little value, if it should be adjudged that the sense and spirit of it 
 require the electors should be under the absolute direction and 
 control of the Chair, even in giving their suffrages. For whatev 
 er may be our ideas of the wisdom, prudence, mildness and mod 
 eration of your administration, of your forgiving spirit, yet we are 
 noJLSUre your successor will possess those shining virtues.} 
 
 We are very sensTbte^Tirat be ouFrlgKl of election ever so clear 
 and absolute, there is a distinction between a right and the pro 
 priety of exercising it. This distinction we hope, will apply itself 
 with full force, and all its advantage to your Excellency s reluct 
 ant exertion of the prerogative in disapproving six of the gentle 
 men chosen by the two Houses of Assembly. But this being a 
 matter of discretion, is solely within your Excellency s breast, 
 and we are taught by your just distinction, that such is the gift of 
 suffrages. It therefore gives us great pain to have our discretion 
 questioned, and our public conduct thus repeatedly arraigned. 
 
 Your Excellency has intimated your readiness to concur with 
 us in any palliative or expedient to prevent the bad effects of 
 our elections, which you think must surely be very hurtful to the 
 province, if it should be maintained and vindicated. But, as we 
 are under no apprehensions of any such effects, especially when 
 we refle.ct on the ability and integrity of the Council your Excel 
 lency has approved of, we beg leave to excuse ourselves from any 
 unnecessary search after palliatives or expedients. 
 
 We thank your Excellency for your kind assurances of " using 
 all means to save the credit of this province." But we conceive 
 that when the true state of the province is represented and known, 
 its credit can be in no kind of danger. The recommendation en 
 joined by Mr. Secretary Con way s letter, and in consequence 
 thereof made to us, we shall embrace the first convenient oppor 
 tunity to consider and act upon. In the mean time cannot but 
 observe, that it is conceived in much higher and stronger terms in 
 the speech than in the letter. Whether in thus exceeding, your 
 Excellency speaks by your own authority, or a higher, is not with 
 us to determine. 
 
 However, if this recommendation, which your Excellency terms 
 a requisition, be founded on " so much justice and humanity that 
 it cannot be controverted :" If " the authority with which it is 
 
MASSACHUSETTS STATE PAPERS. 91 
 
 introduced should preclude all disputation about complying with 
 it," we should be glad to know what freedom w< ^ve in the case. 
 
 In answer to the questions which your Excellency has proposed 
 with so much seeming emotion,, we beg leave to declare, that we 
 will not suffer ourselves to be in the least influenced by party an 
 imosities or domestic feuds, let them exist where they may : that 
 if we can possibly prevent it, this fine country shall never be rjn- 
 ined by any person : that it shall be through no default of ours, 
 should this people be deprived cf the great and manifest advanta 
 ges which the favor and indulgence of our most gracious Sovereign 
 and his Parliament are even now providing for them. On the 
 contrary, that it shall ever be our highest ambition, as it is our 
 duty, so to demean ourselves in public and private life, as shall 
 most clearly demonstrate our loyalty and gratitude to the best of 
 Kings, and thereby recommend this people to further gracious 
 marks of the royal clemency and favor. 
 
 With regard to the rest of your Excellency s speech, we are 
 sorry we are constrained to observe, that the general air and style 
 of its savors much more of an act of free grace and pardon, than 
 of a parliamentary address to the two Houses of Assembly ; and 
 we most sincerely wish your Excellency had been pleased to re 
 serve it (if needful) for a proclamation. 
 
 [The committee who prepared this answer, were T. Gushing, 
 (the Speaker,) Mr. Otis, Major Hawley, Mr. Saunders, Col. O, 
 Partridge, S. Adams, and Col. Bowers.] 
 
 ADDRESS OF THANKS 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE KING, FOR HIS ASSENT 
 TO THE REPEAL OF THE STAMP ACT, JUNE 19, 1766. 
 
 Most Gracious Sovereign, 
 
 YOUR Majesty s most faithful subjects, the Representatives 
 of your province of Massachusetts Bay, in New England, under 
 the deepest sense of duty and loyalty, beg leave humbly to ap 
 proach the throne, and to express their warmest gratitude, that 
 your Majesty .has been pleased, in Parliament, to give your royal 
 assent to the repeal of the American stamp act. 
 
 This is a repeated instance of your royal clemency, and affords 
 a fresh and affecting testimony of your Majesty s unremitted and 
 indulgent attention to the welfare and happiness of all your 
 subjects. 
 
 Your Majesty will allmv us, with the greatest grief and anxiety, 
 to express our apprehension, that your American subjects may 
 
92 MASSACHUSETTS STATE PAPERS. 
 
 have been represented to your Parliament as having manifested 
 some kind of dv.AffectVvVii to their constitutional dependence on 
 the parent counti/; and as disposed to take occasion from the len 
 ity and tenderness of your Majesty and the Parliament, to abate 
 of their respect and submission to the supreme legislative author 
 ity of Great Britain. 
 
 Permit us, witli all humility, to assure your Majesty of the 
 great injustice of any such representations. Your subjects of this 
 province, and we doubt not of the whole continent of America, 
 are too sensible of the blessings they enjoy under your mild and 
 gracious government, to admit the idea of such a temper and con 
 duct, without abhorrence. They esteem their connexion with 
 their fellow subjects in Great Britain, and a constitutional^subor- 
 dimitwn^J,^^ their great privilege and security. 
 
 "Happy irTthe fuTT possession of our rights and liberties under your 
 Majesty s propitious government, we never can be wanting in re 
 turns of duty and the most grateful affection. 
 
 Such, may it please your Majesty, are our dispositions ; and 
 \ve beg leave to assure your Majesty, that we shall ever esteem it 
 our glory to cultivate, as far as our influence may extend, all sen 
 timents of loyalty and affection to your Majesty s personal gov 
 ernment, and to maintain a happy harmony between your subjects 
 of Great Britain and those of your American colonies. 
 
 (Signed) T. CUSHING, Speaker. 
 
 [The committee by whom this address was prepared, were the 
 Speaker, (Mr. Gushing,) Mr. Otis, Mr. Worthington, Mr. Adams, 
 Mr. Dexter, and 0. Partridge.] 
 
 VOTE OF THANKS 
 
 OF THE HOUSE OF REPRESENTATIVES TO DIVERS NOBLEMEN AND GEN 
 TLEMEN, IN ENGLAND, FOR THEIR EFFORTS IN PROCURING A REPEAL 
 OF THE STAMP ACT, JUNE 20, 1766. 
 
 UPON a motion made and seconded, resolved, unanimously, 
 that the most grateful acknowledgments of this House be made to 
 the right honorable William Pitt, Esq. for his noble and generous 
 efforts, in the present session of Parliament, in favor of the British 
 colonies ; and particularly for the display of his great abilities, and 
 his assiduous and successful endeavors, in procuring an act for 
 the repeal of the stamp act ; and that the Speaker be desired, by 
 the first opportunity, to transmit to him a letter accordingly. 
 
 Resolved, unanimously, that the most sincere thanks of this 
 House be given to his grace, Augustus Henry, Duke of Grafton, 
 
MASSACHUSETTS STATE PAPERS. 95 
 
 one of his Majesty s principal Secretaries^ "of State, &c. for his no 
 ble and generous patronage of the British colonies. And that a 
 copy of this vote be transmitted to his grace, in the most respect 
 ful manner, by the Speaker. 
 
 The House also unanimously passed a vote of thanks, in the 
 same tenor, severally to, 
 
 His grace, Philip Dorsett, Earl of Chesterfield, Lord Stanhope ; 
 his Grace, Thomas Pelham, Duke of Newcastle ; his Grace, Charles, 
 Duke of Richmond; the right honorable Robert Earl, of North- 
 ington, Lord High Chancellor of Great Britain ; the right honora 
 ble Henry Seymore Conway, Esq. one of his Majesty s principal 
 Secretaries of State ; the right honorable Charles Watson, Mar 
 quis of Rockingham, first Lord Commissioner of his Majesty s 
 treasury ; the right honorable George Onslow ; the right honora 
 ble Charles Townsend ; the right honorable William, Earl of 
 Shelburne ; the right honorable Charles, Earl of Campden ; the 
 right honorable William, Earl of Dartmouth 5 the right honorable 
 John, Earl of Egmont ; the right honorable George, Duke of Pom- 
 fret ; the right honorable Vere Poulett, Earl Poulett; the right 
 honorable George, Lord Edgcumb ; the right honorable William 
 Dowdswell, Esq. Chancellor of his Majesty s Exchequer 5 Sir 
 George Saville, Baronet, member of Parliament, for Yorkshire ; 
 Sir William Meredith, Knight, member of Parliament, for Liver 
 pool ; the right honorable Arthur Onslow, Esq. ; the honorable 
 George Howard, Esq. member of Parliament, and General in his 
 Majesty s army ; the honorable Isaac Barre, Esq. member of Par 
 liament, and Colonel in his Majesty s army ; Sir William Baker, 
 Knight, member of Parliament ; and George Cooke, Esq. member 
 of Parliament 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR S SPEECH OF 
 JUNE 3, RESPECTING COMPENSATION TO THOSE WHO SUFFERED IN THE 
 RIOTS OF AUGUST 1765...JUNE 25, 1756. 
 
 [The Governor s speech of May 29, and of June 3, 1766, refer 
 to the subject, and recommend the House of Representatives to 
 provide for their remuneration ; as will be seen by a perusal of 
 those speeches. June 24, 1766, the House appointed a committee 
 to prepare a message to the Governor in answer to that part of his 
 speech which recommends such compensation. The committee 
 consisted of Mr. Gushing, (the Speaker,) S. Adams. S. Dexter. 
 

 94 MASSACHUSETTS STATE PAPERS. 
 
 Col. Richmond, and Qfo& Saunfea. On the 25th of June the 
 committee reported the lollowing, which was adopted.] 
 
 May it please your Excellency, 
 
 THE House of Representatives have duly attended to that 
 part of your Excellency s speech which had reference to a full and 
 ample compensation to be made to the sufferers in the late dis 
 turbances. 
 
 We are sensibly affected with the loss they have sustained, 
 and have the greatest abhorrence of the madness and barbarity of 
 those persons who were the instruments of their sufferings. Noth 
 ing shall be omitted by us, in our department, to bring the perpe 
 trators of so horrid a fact to exemplary justice ; and if it be in 
 their power, to a pecuniary restitution of all damages. But, may 
 it please your Excellency, as a compliance with your Excellency^ 
 recommendation to the Provincial Assembly, to make up their 
 losses, appears to this House, not as an act of justice, but rather 
 of generosity, they are in doubt, whether they have any authority 
 to make their constituents chargeable with, without their express 
 consent. The House, therefore, beg leave to acquaint your Ex 
 cellency, that they have thought it their duty to refer the consid 
 eration of this matter to the next sitting of the General Court, 
 that the members may have the opportunity of taking the minds 
 and instructions of their several towns thereon. 
 
 MESSAGE 
 
 OF GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES, 
 JUNE 27, 1766. 
 
 of the House of Representatives,, 
 
 As your reasons for not complying at present with what has 
 been recommended to you by order of the King, with the advice 
 of his Parliament, on the behalf of the sufferers in the late distur 
 bances, will probably be canvassed with great precision, it will be 
 proper that the intendment of ihem should be as certain as may 
 be. I should, therefore, be glad to know whether I must under 
 stand from your message of yesterday, that it is your opinion that 
 a detection of the perpetrators of the late mischiefs is necessary to 
 
 / entitle the sufferers to a compensation for their losses. 
 
 v* It appears to be the gracious intention of the King and Parlia 
 ment, that a veil should be cast over the late disturbances, pro 
 vided it be covered by a general and uniform dutiful behavior for 
 
MASSACHUSETTS STATE PAPERS. 95 
 
 the future. But it is certainly no less their firm and resolute pur 
 pose, that the sufferers by these disturbances shall have a full and 
 ample indemnification made to them. And this business has been 
 committed to you upon principles of humanity and justice, rather 
 than of mere generosity. 
 
 If you think, that an inquiry into the promotion and perpetra 
 tion of the late disorders a necessary preliminary to determine, 
 from whom the charge of the compensation shall finally come, and 
 shall pronounce for the expediency of such an inquiry, you will 
 certainly be assisted by the Governor and Council in the prosecu 
 tion of it. And I dare say it will be no difficult work to trace this 
 matter to the bottom.* -**1 
 
 But in the mean time, I fear the King and Parliament will think 
 their intimations disregarded, by your proposing an inquiry now, 
 after it has been neglected for nine months past : during all which 
 time the House have had this very business of indemnifications 
 under their consideration. They expect from you, that the suf 
 ferers shall be indemnified at all events, whether the offenders are 
 discovered or not, or whether they are able to pay the damages or 
 not ; and seem to be more intent upon indemnification than upon 
 punishment. 
 
 I, therefore, wish for the sake of the province, whose interests, 
 and especially those of its trade, are now in a very nice balance, 
 and for the sake of this town, whose respectable inhabitants have 
 already suffered much in the opinion of the w r orld, for having been 
 tame spectators of the violences committed in it; that you would 
 remove this disgrace without the least delay, by ordering the in 
 demnification immediately to be made upon the credit of those 
 whom you shall hereafter judge to be chargeable with it. When 
 this is done, there can be no objection to your postponing the con 
 sideration, on whom this money ought ultimately to be laid, to 
 what time you please. And there is no doubt but that any inquiry, 
 which you shall think fit to make for this purpose, will be as efh%J 
 cacious as you can desire. ^ 
 
 FRA. BERNARD. 
 
 * The House appointed a committee, viz. Gen. Ruggles, Mr. Hall, Mr. Sheaffe, and 
 Mr. Hancock, to wait on the Governor, and desire him to acquaint, them whether he had any 
 light whereby the House might come to a knowledge of the rioters of last year ; who re-, 
 ported, that the Governor was pleased to inform them, that he heard many hints and some 
 few persons named ; that he had not taken any minutes respecting the matter ; but if the 
 House were disposed to sit into the next week, he would recollect what had occurred to him 
 on the subject, and acquaint such a committee of secrecy, as the House might think proper 
 to appoint, with all he knew of the matter. A committee was accordingly appointed oy the 
 House, to sit in the recess of the Court, and make inquiry into the riots committed in August, 
 1765, with power to send for persons and papers ; and thajUthe matter of their inquiry be 
 kept a secret, till they should make a report to the House. tThe Court was adjourned, June 
 28, and convened again by the Governor, October 29 ; and oTTthe 30th, the committee afore 
 mentioned reported, that July 9th, they waited on his Excellency to receive that assistance, 
 which he was pleased to propose to the House, in his message, last session. He, therefore, 
 called the Council togetherTJ The committee offered to hear and receive any information 
 from the Governor and Council, respecting the riots. But none was communicated ; and 
 the Council was adjourned without day. 
 
96 MASSACHUSETTS STATE PAPERS, 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES, TO THE ABOVE MESSAGE FROM 
 THE GOVERNOR, JUNE 28, 1766. 
 
 May it j)lease your Excellency , 
 
 THE House have duly attended to your Excellency s message 
 of the 27th inst. We are fully sensible of the goodness of the 
 King and Parliament ; and agree with your Excellency, that it 
 appears to be their gracious intention that a veil should be drawn 
 over the late disturbances. And we hope our behavior will al- 
 wffis be such as to merit their approbation. 
 
 JjSir, the House are ever attentive to the applications of persons of 
 every rank, whose case justly claims their consideration. But as 
 the sufferers, whom we apprehend your Excellency refers to, have 
 never applied to this House in a parliamentary way for relief, we 
 are humbly of opinion, that we have done all at present that our 
 gracious Sovereign and his Parliament can reasonably expect from 
 us. But to shew our regard to every thing recommended by the 
 King and Parliament, we have appointed a committee to sit in the 
 recess of the Court, to make a thorough inquiry into the riots 
 committed in August last, and to discover the persons concerned 
 therein, as far as may be. For the effectuating which business, 
 we doubt not but we shall be aided by your Excellency and his 
 Majesty s Council. 
 
 And further, would acquaint your Excellency, that the House 
 have passed a resolve to take the report of this committee under 
 consideration, at the beginning of the next session of this Court, 
 and act thereon what shall appear to them to be just and reasona 
 ble. 
 
 Your Excellency is pleased to enforce the immediate compliance 
 of the House with this requisition, by an argument drawn from a 
 regard to the town of Boston, the reputation of whose inhabitants 
 your Excellency says has already suffered much for having been 
 tame spectators of the violences committed, and that this disgrace 
 would be removed thereby. We see no reason why the reputa- 
 tion of that town should suffer in the opinion of any one, from all 
 the evidence which has fallen under the observation of the House. 
 Nor does it appear to us how a compliance would remove such 
 disgrace, if that town had been so unhappy as to have fallen un- 
 der it. 
 
 | de 
 
MASSACHUSETTS STATE PAPERS. 97 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
 REPRESENTATIVES, OCTOBER 29, 1766. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 I HAVE thought proper to call you together, that you may have 
 an opportunity to give a positive answer to what I recommended 
 to you, by order of his Majesty, last session ; as it will be ex 
 pected of me that it be reported to his Majesty before the opening 
 of the business of the next year ; and I heartily wish it may be 
 such as will answer the expectations and desires of your friends 
 in Great Britain. For my own part, I shall upon this occasion, 
 as upon all others, make the best use of the means you shall put 
 in my hands to promote the honor and reputation of the province. 
 
 As you are called together for this business only, when it is 
 finished, I shall have no objection to your returning home, until 
 the usual time of opening the winter session. 
 
 FRA. BERNARD. 
 
 Council Chamber, October 29, 1766. 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES TO THE ABOVE SPEECH, 
 NOVEMBER 11, 1766. 
 
 May it please your Excellency, 
 
 YOUR speech to both Houses at the opening of the present 
 session, has been repeatedly under the most deliberate considera 
 tion of the House of Representatives. 
 
 It was indeed, sir, with great reluctance, that the House found 
 themselves under the necessity of havin^ecourse to your former 
 speech and message upon this occasion p^ut as you are pleased to 
 refer us to them without saying any thing to qualify them, the House 
 cannot help observing, that the manner in which your Excellency 
 has repeatedly proposed a compensation to the sufferers, has been 
 derogatory to the honor of the House, and in breach of the privi 
 leges thereof. That the terms you have made use of, have been 
 essentially different from those, dictated to you, by his Majes 
 ty s express command, signified in a letter from his Secreta 
 ry of State. That they tended to weaken the Inherent, uncon- 
 
98 MASSACHUSETTS STATE PAPERS. 
 
 trolable right of the people, to dispose of their own money to such 
 purposes as they shall judge expedient, and to no other. And 
 that, under these apprehensions, it is not improbable, some of the 
 towns may have framed their instructions to their Representatives 
 against a compensation out of the public treasury. 
 ^The House, however, with the most dutiful and profound re 
 spect, have attended to his Majesty s most gracious and mild 
 recommendation ; and observe that it is his pious and benevolent 
 intention, that not only a compensation should be made to the suf 
 ferers, in the late times, but also that a veil be drawn over every 
 disgraceful scene, and to forgive, and even to forget, the undutiful 
 behavror of any of his subjects, in those unhappy times^ 
 
 Confirmed in the opinion, that an indemnification of the offend 
 ers is of equal importance and necessity with the making compen 
 sation to the sufferers, and being ever ready, with the utmost 
 cheerfulness, to unite their endeavors in promoting the wise and 
 gracious purposes of their rightful Sovereign ; in conformity to 
 the spirit of Mr. Secretary Con way s letter, the House have framed 
 a bill, entitled " An act for granting compensation to the sufferers, 
 and general pardon, indemnity and oblivion to the offenders, in 
 the late times."* 
 
 This bill they have ordered to be published for the consideration 
 of the several towns, aud humbly pray your Excellency would 
 please to give them a recess for that purpose. 
 
 [Major Hawley, Mr. Dexter, Col. Bowers, Mr. Adams, and 
 Major Johnson, were the committee who prepared the above an 
 swer.] 
 
 SPEECH 
 
 OF GOVERNOR BERNARD TO THE HOUSE OF REPRESENTATIVES, 
 NOVEMBER 13, 1766. 
 
 Gentlemen of the House of Representatives, 
 
 IN the letter of the Earl of Shelburne, which I laid before you, 
 you have a second testimony from another of his Majesty s Secre 
 taries of State, of the tenderness and affection towards the people 
 under my government, with which I have conducted myself during 
 
 * The said bill passed to be enacted, December 6, 1766. The preamble was as follows : 
 Whereas the King s most excellent Majesty, from a hearty and pious desire that the suffer 
 ers in the late riots should be compensated, and that a veil may be drawn over the late un 
 happy excesses, has been graciously pleased to signify his intention to forgive and forget 
 them ; at the same time of his abundant clemency, recommending a compensation to the 
 sufferers, &c. from a grateful sense of his Majesty s grace and clemency, in order to pro 
 mote peace and safety, to make compensation to said sufferers, and thus to demonstrate to 
 the world our sense of the happiness we enjoy, in being a part of the British empire, anrl 
 being entitled to the rights, liberties and privileges of British subjects ; we, his Majesty s 
 most dutiful and loyal subjects, the Representatives of the Commons of this province, in th* 
 great a^il General Court assembled, of our free and good will, have resolved to give and 
 and pray that it may bQ enacted," &c. 
 
 I great 
 f $raut 
 
 L-i 
 
MASSACHUSETTS STATE PAPERS. 99 
 
 the late disputes, and therefore I shall make no other answer to 
 the ungenerous insinuations in your message of yesterday, than by 
 referring to your own journals, from whence it will evidently ap 
 pear, that it is from among yourselves, and not from me, that the 
 difficulties which have prevented your making a compensation to 
 the sufferers, have arose. 
 
 I am very sorry that you have not already complied with what 
 has been recommended "to you ; but it is some satisfaction to me, 
 that you have laid a foundation for completing this business, which 
 I hope will not fail of success. The importance of the affair, and 
 the hasty approach of the new year, will not allow the loss of a 
 day which can be saved ; and therefore, I shall make the recess 
 which you desire, as short as possible. And that you may do the 
 business with as much credit to yourselves as may be, I shall con 
 tinue the session until you can come to a final determination. 
 
 FRA. BERNARD. 
 
 Council Chamber, November 13, 1766. 
 
 LETTER 
 
 OF LORD SHELBURNE TO GOVERNOR BERNARD, AND BY HIM LAID BEFORE 
 THE GENERAL COURT. 
 
 Whitehall, September 13, 1766. 
 
 SIR, 
 
 I HAVE had the honor to lay before the King, your letters of 
 the 29th of June, and 19th of July last, together with the enclo 
 sures therein contained ; and I have received his Majesty s com 
 mands to communicate them to such of his servants, as he thinks 
 proper usually to consult upon his most important affairs, as soon 
 as the season of the year will conveniently admit of this meeting, 
 for this and other purposes. In the mean time, his Majesty is ex 
 tremely sorry to observe any degree of ill temper remaining in his 
 colony of Massachusetts Bay, or, that points should be so improp 
 erly agitated, as to tend to the revival of disputes, which every 
 friend to America must wish to be forgotten. They have seen the 
 Parliament of Great Britain give due attention to all well founded 
 complaints of the province, notwithstanding they appeared to 
 them, in some parts, not so properly urged, and though the legis 
 lature will, certainly, on all just occasions, exercise and enforce 
 its legislative power over the colonies, yet, it cannot be doubted, 
 but it will exert it with a due regard to the nature of their con 
 nexion with the mother country. 
 
 Upon this occasion it is proper to observe, in general, that the 
 
100 MASSACHUSETTS STATE PAPERS. 
 
 ease and honor of his Majesty s government in America, will 
 greatly depend on the temper and wisdom of those who are trusted 
 with the administration there ; and that they ought to be persons 
 disdaining narrow views, private combinations, and partial at 
 tachments. It is with great pleasure, sir, that I have observed the 
 manner in which you have conducted yourself, during the dis 
 putes of the last year, which I cannot do, without highly approving 
 your attention and watchfulness on the one hand, to support the 
 authority of government, and on the other, the tenderness and af 
 fection which appeared in all your letters, toward the people un 
 der your government. A temperate conduct, founded on the true 
 basis of public good, avoiding all the unnecessary reserve, where 
 nothing arbitrary is thought of, and nothing unreasonable is re 
 quired, must carry conviction to the hearts of the deluded, concili 
 ate the minds of all, and ensure the confidence of his Majesty s 
 loyal and loving subjects of America. 
 
 Upon these considerations, I am persuaded that the Assembly 
 will, immediately upon their meeting, fall upon measures to termi 
 nate all local difficulties, which appear, by your accounts, to have 
 hitherto prevented that compliance which will be expected by 
 Parliament, with the recommendations you have been required to 
 make, in consequence of the resolutions of both Houses. It is im 
 possible to conceive that they will suffer any private considerations 
 to interfere with their desire of shewing a proper sense of that 
 paternal regard, which they have experienced from his Majesty, 
 and of the attention which Parliament has given to their com 
 plaints ; which can never be done with more propriety, than by 
 granting, with the utmost cheerfulness, a just compensation to 
 those who have suffered by the late disorders. 
 
 I am, with truth and regard, sir, your most obedient, humble 
 servant, SHELBURNE. 
 
 RESOLVES 
 
 OF THE HOUSE OF REPRESENTATIVES ON THE SUBJECT OF COMPENSATION 
 fOh TO THE SUFFERERS BY THE RIOTS IN 1765. 
 
 ORDERED, That Major Hawley, Mr. Otis, and Mr. Adams, be 
 a committee to prepare a resolve, setting forth the motives which 
 induced this House to pass the bill for granting compensation, &c. 
 who reported thereon as follows : 
 
 Resolved, That this House, in passing the bill for granting com 
 pensation to the sufferers, and of free and general pardon, indem 
 nity and oblivion, to the offenders in the late times, were influenced 
 by a loyal and grateful regard to his Majesty s most mild and 
 
MASSACHUSETTS STATE PAPERS. 101 
 
 gracious recommendation ; by a deference to the opinion of the 
 illustrious patrons of the colonies in Great Britain ; and for the 
 sake of internal peace and order, without regard to any interpre 
 tation of his Majesty s recommendation into a requisition, pre 
 cluding all debate and controversy ; and under a full persuasion 
 that the sufferers had no just claim or demand on the province 5 
 and that this compliance ought not hereafter to be drawn into a 
 precedent. 
 
 After which the House passed the two following resolutions, viz. 
 
 1. Resolved, That it was the indispenasble duty of the sufterers 
 to have applied to the government here, rather than to the govern 
 ment at home ; and that the neglect of any of them to petition 
 to this Assembly till October last, while they were complaining at 
 home, is very reprehensible. 
 
 2. Whereas it appears to this House, by the resolutions of the 
 honorable the House of Commons of Great Britain, that it "was 
 their opinion that the resolutions of divers assemblies in America, 
 had a tendency to encourage the riots that happened there, Re 
 solved, that this cannot be said of the resolutions of the House of 
 Representatives of this province, as the said riots happened about 
 two months before any such resolutions were made.* 
 
 LETTER 
 
 FROM DENNYS DE BERDT, ESQ. AGENT FOR THE PROVINCE, IN ENGLAND, 
 TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, DATED AT LON 
 DON, AUGUST 6, 1766. 
 
 SIR, 
 
 SINCE my last, I received a few lines from Lord Dartmouth, 
 in which he says, " I am sorry to hear that the Assembly of Boston 
 has refused to make the indemnification recommended by Parlia 
 ment. New York has complied." 
 
 Had you been here to be fully apprized of the long debate which 
 your friends supported in the House, to obtain the word " recom 
 mend," as a term entirely consistent with your liberty, it must 
 have left a grateful impression on your mind, which your address 
 is so full of, both to the King and Parliament, "that I can hardly 
 believe you should come to such a conclusion. If the report be a 
 slander on the province, I shall be glad if you will put it in my 
 power to refute it ; as I am ambitious your Assembly, who I have 
 the honor to be employed by, should stand high in the esteem of 
 the King, Ministry, and Parliament, as well as in the esteem of 
 all the real friends of America, which such a refusal will abate. 
 
 The riots were in August, 1765, and the resolutions in October after. 
 
102 MASSACHUSETTS STATE PAPERS. 
 
 LETTER 
 
 FROM THE SAME, SEPTEMBER 19, 1766. 
 
 SINCE my last to you, I have received several letters from 
 your friends, in answer to your vote of thanks, (which I enclose,) 
 and the universal approbation it has met with, proves it a very well 
 judged measure : and Lord Chesterfield and the old Speaker Ons- 
 low, whose hearts were warm in your cause, were very particularly 
 pleased; and the latter desired me to assure your House, he 
 esteemed it the highest honor which could be conferred on him. 
 
 Yesterday I waited on Lord Shelburne, our new Secretary of 
 State ; and his Lordship expressed himself in such terms as gave 
 me great satisfaction, and desired me to assure your House, 
 he had the highest regard for America, wished their prosperity, 
 and would make it his care to promote it. That you might be per 
 fectly easy about the enjoyment of your rights and privileges under 
 the present administration. But on the other hand, the dignity of 
 government must be maintained, as well as due regard to the ad 
 ministration here ; which I assured them was your real disposi 
 tion, as was manifest by the tenor of the addresses, two of which 
 came through my hands, yours and from the lower counties of 
 Pennsylvania. 
 
 He desired you would finish the affair of the damages sustained, 
 because it gave occasion to your and the enemies of the adminis 
 tration to upbraid them for the gentle measures they adopted ; on 
 the other hand, he had also written to every Governor on the con 
 tinent to behave with moderation to the several provinces over 
 which they preside ; and had written to your Governor in partic 
 ular, to pursue healing measures. And added, that whatever new 
 Governors were appointed, he would take care to send such men 
 as should act on the most generous principles, and thereby secure 
 the affections of the people. 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
 REPRESENTATIVES, JANUARY 28, 1767. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 AT the opening of this session, I have nothing by command 
 of his Majesty to lay before you. What I have to propose from 
 myself, shall be communicated by separate papers. At present^ I 
 
MASSACHUSETTS STATE PAPERS. 103 
 
 have only to recommend to you, that the support of the authority 
 of the government, the maintenance of the honor of the province, 
 and the promotion of the welfare of the people, may be the chief 
 objects of your consultations. These are duties common to us all ; 
 and whilst they are truly pursued, there can be no room for disa 
 greement or dissatisfaction. 
 
 FRA. BERNARD. 
 Council Chamber, January 28, 1767. 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES TO THE ABOVE, 
 JANUARY 31, 1767. 
 
 May it please your Excellency, 
 
 YOUR speech to both Houses of the General Assembly at the 
 opening of the present session, has been duly considered by the 
 House of Representatives. 
 
 Your Excellency is pleased to recommend " the support of the 
 authority of the government, the maintenance of the honor of the 
 province, and the promotion of the welfare of the people, as the 
 chief objects of our consultations." 
 
 By the authority of the government, this House understand, the 
 charter rights and powers of the Great and General Court or As 
 sembly of this province, and the several branches of the same ; 
 and the powers with which the civil officers of the province are bv 
 law vested. While the members of that Assembly firmly maintain, 
 those rights and powers, and the body of the people steadily and 
 vigorously sustain and protect the civil officers in the exercise of 
 their respective powers, in the full execution of the good laws of 
 the province, and the discharge of their several trusts, whether ju- 
 diciarv or ministerial, we apprehend the authority of the govern 
 ment is then supported. It is necessary for the support of this 
 authority, that the House of Representatives well inform them 
 selves of the true extent of those rights and powers, and sacredly 
 adhere to their own rights as one branch of the legislature. That 
 they zealously assert the rights of their constituents, the people of 
 this province ; without transgressing the bounds of their own pow 
 er, or invading the rights and prerogatives of the other branches of 
 the Assembly. And that they endeavor, that the body of the peo 
 ple be well acquainted with their own natural and constitutional 
 rights and privileges ; and the liberty, safety, peace and happiness 
 which they will not fail to enjoy, while the General Assembly is 
 protected in the due exercise of their rights and powers, and the 
 
lOi MASSACHUSETTS STATE PAPERS. 
 
 laws of the land have their free course, and are faithfully and im 
 partially executed. This, may it please your Excellency, being 
 our own apprehension of the authority of the government, and its 
 support, we shall always greatly rejoice to find your Excellency 
 exciting and animating us in the discharge of this important duty. 
 As it would be unpardonable in us ever to lose sight of it, your 
 Excellency may be assured, that we shall always make the support 
 of the authority of the government one great object of our con 
 sultations. 
 
 Uupon ^is occasion, we cannot forbear to observe to your Ex- 
 ceTTency, with concern, that when the two Houses were directed 
 to attend your Excellency in the Council Chamber, at a time when 
 none but the General Assembly and their servants are intended to 
 be present, his Honor the Lieutenant Governor was pleased to ap 
 pear in General Assembly, and there to continue till the House 
 returned to their chamber, while your Excellency was not only in 
 the province, but actually in the chair. We are of opinion that 
 this conduct is not supportable by any precedent ; but should there 
 be found, upon searching ancient records, an instance of the 
 kind, it is not only in itself an impropriety, but repugnant to the 
 constitution, and the letter of the charter ; which declares the 
 great and General Court to consist of the Governor and Council, 
 or Assistants, for the time being, and such freeholders of the pro 
 vince, as shall be from time to time elected or deputed, by the 
 major part of the freeholders arid other inhabitants, qualified by 
 the royal charter, to give their votes. If the honorable gentleman 
 was introduced by your Excellency, we apprehend that the hap 
 piest means of supporting the authority of the government, or 
 maintaining the honor of the province, were not consulted therein. 
 But if lie came in and took a seat, of his own motion, we are con 
 strained to say, that it affords a new and additional instance of 
 ambition, and a lust of power, to what we have heretofore ob 
 served?*) 
 
 If your Excellency in recommending to our consultations the 
 support of the authority of the government, intends that executive 
 power is become weak, and calls for the aid of the legislative ; 
 and that an ill temper and a factious spirit so far prevails in the 
 
 * The Governor replied to this part of the Message from the House, and contended for 
 the propriety of the Lieutenant Governor s conduct in this case. The House replied to the 
 Governor s Message, and insisted that it was highly improper in the Lieutenant Governor 
 to take a seat in Council, as he had not been chosen a member, and as the Chair of the Gover 
 nor was not vacant. They acknowledged, that there had been an instance of this kind in 
 1702, when Povey was Lieutenant Governor. But they statedj that Governor Belcher had 
 expressly excluded Tailor and Phips, at the time they were Lieutenant Governors, from a 
 seat in the Council, when they had not been elected thereto by the General Court. The Gov 
 ernor still insisted the conduct of Mr. Hutchinson in the affair, was correct ; and the latter 
 gentleman also addressed a letter to the Governor, (which was communicated to the House,) 
 complaining of the severity and partiality of the House, in objecting to his taking a seat at 
 the Council Board. The House then referred the subject to the Council, and requested them 
 to give an opinion whether they thought the Lieutenant Governor had a right to a seat at 
 the Board. They decided, unanimously, that he had not, " by charter, a constitutional 
 right to a seat at the Board, either with or without a voice." And they added, " the 
 Board assure the House, that they will sincerely endeavor to preserve the constitutional and 
 charter rights of his Majesty s most loyal and dutiful subjects of this province. 
 
MASSACHUSETTS STATE PAPERS. 105 
 
 province, as to require severer methods, we can, with great satis 
 faction, inform you otherwise. Your Excellency may be assured 
 that a disposition in the people to yield all due obedience to his 
 Majesty s authority and the laws of this province, renders it alto 
 gether unnecessary that any extraordinary methods should be 
 taken for that purpose. And as the welfare of the people so much 
 depends upon it, we have just reason to expect that every branch 
 of the legislature will take the most effectual measures to remove 
 from the mind of our Sovereign such unfavorable sentiments of the 
 province, as may have been occasioned by the malignant whispers 
 of its enemies. 
 
 We cannot promise your Excellency that there shall be no dis 
 agreement or diversity of sentiments in matters of importance 
 that may come before the General Court ; this is scarcely to be 
 expected in a free assembly. In such cases, this House, as they 
 ever have, will still consider their own honor concerned, to debate 
 with candor, and to decide with judgment. While the true end 
 of government is kept in view, and invariably pursued in the 
 several departments of it, the honor of the province and the wel 
 fare of the people will be maintained and promoted, and there can 
 be no room for dissatisfaction. 
 
 Had your Excellency any command from his Majesty to lay 
 before us, we should attend to it with the utmost loyalty and re 
 spect ; being fully persuaded that our gracious Sovereign will 
 require of us nothing but what is just and wise. When you shall 
 be pleased to communicate to us any proposal of your own, we shall 
 duly consider its nature, importance and tendency, and act agree 
 ably to the best light of our own understanding. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR, 
 
 JANUARY 30, 1767. 
 
 THE House of Representatives beg to be informed by your 
 Excellency, whether ai:y provision has been made, at the expense 
 of this government, for his Majesty s troops lately arrived in this 
 harbor, and by whom ? And also whether your Excellency has 
 reason to expect the arrival of any more to be quartered in this 
 province ? 
 
 14 
 
106 MASSACHUSETTS STATE PAPERS, 
 
 THE FOLLOWING MESSAGE WAS RECEIVED FROM HIS EXCELLENCY, 
 IN ANSWER TO THE ABOVE. 
 
 Gentlemen of the House of Representatives) 
 
 IN answer to your message of this day, I send you a copy of 
 the minutes of Council, by which provision for the artillery com 
 pany at the Castle, in pursuance of the late act of Parliament, was 
 made. 
 
 I intended to lay the matter before you, and had given orders 
 for an account of the present expenses to be made out for that 
 purpose, which, having received since your message came to me, 
 I hereby communicate. 
 
 I have received no advice whatever of any other troops being 
 quartered in this province ; nor have I any reason to expect the 
 arrival of such, except from common report, to which I give little 
 credit. FRA. BERNARD. 
 
 MESSAGE 
 
 M THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR, 
 FEBRUARY 4, 1767. 
 
 May it please your Excellency, 
 
 [N reply to your message of the 50th of January, the House 
 of Representatives beg leave to observe, that it is by virtue of the 
 royal charter alone, that the Governor and Council have any au 
 thority to issue money out of the treasury, and that only according 
 to such acts as are, or may be, in force within this province. This 
 clause was intended to secure to the House of Representatives 
 the privilege of originating, granting, and disposing of taxes. But 
 we apprehend it would be of very little value and importance, if 
 it should become a settled rule that the House are obliged to im 
 pose and levy assessments, rates, and taxes upon the estates or 
 persons of their constituents, for the payment of such expenses as 
 may be incurred by virtue of an order of the Governor and Coun 
 cil, without the knowledge and consent ot the House. Your 
 Excellency, therefore, in giving orders, with the advice of the 
 Council, for making provision tor the artillery companies at the 
 Castle, acted, in an essential point, contrary to the plain intention 
 of the charter of the province, wherein the powers of the several 
 branches of the General Assembly are declared and limited. If. 
 however, there was an urgent necessity for this procedure, in the 
 
MASSACHUSETTS STATE PAPERS. 107 
 
 recess of the Court, we are very much surprised, that your Excel 
 lency should suffer the whole of the last session of the General 
 Assembly to pass over without laying this matter before us ; and 
 that it was again omitted, in the present session, till the House 
 had waited upon your Excellency with their message. It is the 
 just expectation of this House, founded in the principles of the 
 constitution, to have the earliest notice of a matter of this nature ; 
 and we cannot but remonstrate to your Excellency, that the omis- 
 siftD^pf *t was a breach of our privileges. 
 
 QTut, may it please your Excellency, it is still more grievous to 
 us to find your Excellency making mention of a late act of Parlia 
 ment, in pursuance of which your Excellency and the Council 
 have created this expense to the province. ^One great grievance 
 in regard to the stamp act was, that it deprived us of x the advan 
 tage of a fundamental and most essential part of the British con 
 stitution, the unalienable right of freedom from all taxation, but 
 such as we shall voluntarily consent to and grant. While we feel 
 a sense of the worth and importance of this right, we cannot but 
 express concern that an act of Parliament should yet be in being, 
 which appears to us to be as real a grievance, as was that which 
 so justly alarmed this continenJJ Your Excellency and the Coun 
 cil, by taking this step, have unwarrantably and unconstitutionally 
 subjected the people of this province to an expense without giving 
 this House an opportunity of passing their judgment upon it ; and 
 have also put it out of our power, by an act of our own, to testi 
 fy the same cheerfulness which this Assembly has always shown in 
 granting to his Majesty *. f their free accord, such aids as his Majes 
 ty s service has from time to time required. 
 
 [The committee who reported this message, were Mr. Gushing? 
 (the Speaker,) Mr. Otis, Maj. Hawley, Capt. Sheafte, Mr. Adams^ 
 Mr. Dexter, and Col Ward.] 
 
 MESSAGE 
 
 OF GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVE^ 
 FEBRUARY 17, 1767. 
 
 Gentlemen of the House of Representatives, 
 
 THE charges against me and the Council, contained in your 
 message of the 4th instant, have had a full consideration ; the re 
 sult of which is, that the proceedings in making provisions for the 
 King s troops, lately arrived here, appear to be constitutional and 
 warrantable ; and are justified not only by the usage of this gov 
 ernment, but by the authority of the General Cpurt itself. 
 
108 MASSACHUSETTS STATE PAPERS. 
 
 The barracks at the Castle were built by order of the General 
 Court, for the reception of the King s troops, when they should ar 
 rive here, that there might be no occasion for quartering them upon 
 the inhabitants. Fuel and candles are necessary to the occupation 
 of barracks ; without them, no troops could go in, or stay there ; 
 it being an allowance always incidental to their living in barracks. 
 When, therefore, the General Court ordered these barracks to be 
 built for troops, it must have been implied, that the incidental ne 
 cessaries should be provided for the troops, when they went into 
 them. Otherwise, we must suppose, that the General Court did 
 not intend that the barracks should be applied to the use for which 
 they were built. 
 
 The manner of making the provision, and the provision itself, 
 were agreeable to the usage of this government, in the like cases. 
 It consisted of fuel and candles only, which are absolutely neces 
 sary, and always have been allowed in these barracks ; and it did 
 not include several articles prescribed by the act of Parliament; 
 and therefore, it was wholly conformable to the usage of the gov 
 ernment and the necessity of the case, but to the act only, as it 
 coincided with it. If there had been no such act, the Council 
 would have thought themselves obliged to advise the ordering this 
 provision, as it was necessary to the use of the barracks ; it being 
 their duty, in the recess of the General Court, to assist me in car 
 rying into execution, by the usual means, an establishment pro 
 vided for the convenience of the people. 
 
 As to your complaint against me, for not laying this matter 
 before you, during the whole of the last session, and part of this, 
 I shall only state the facts, and leave it there. What you call 
 the whole of the last session, was only the six last days of it, when 
 you met after an adjournment, to pass upon the compensation bill. 
 As soon as you had finished that business, you desired me to grant 
 you a recess. I did so 5 and told you at the same time, that, upon 
 that account, I had postponed all other business to the next ses 
 sion. As to the part of this session, it was not forty -eight hours ; 
 and within that time, I had given orders for making out an account 
 of the expense of the provision, in order to lay it before you, and I 
 actually received it within two hours after I had your message. 
 This is the whole of what you call an omission in breach of your 
 privileges. FRA. BERNARD. 
 
MASSACHUSETTS STATE PAPERS. 109 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OI 
 REPRESENTATIVES, MAY 28, 1767. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 AT the opening of this session, I have nothing from the im 
 mediate command of his Majesty to lay before you. I therefore 
 cannot employ the present opportunity better than by recommend 
 ing to you to endeavor to restore to this General Court the mutual 
 confidence and unanimity which prevailed in it until they were 
 interrupted by the late popular uneasiness. And I must, at the 
 same time, assure you, that I shall heartily concur with you in all 
 measures which shall be conducive to so salutary an end. 
 
 I do not, however, mean to decline the full exercise of the con 
 stitutional powers with which I am vested : they are derived from 
 the same fountain with your own privileges ; and therefore I trust 
 that the free use of them can never give just cause of offence. But, 
 as I desire to temper my authority with all possible moderation, I 
 shall be obliged to you for every opportunity you shall give me to 
 make evident this disposition. 
 
 The business of this session is generally short, and the season of 
 the year requires that it should be so. You must have observed 
 how very expensive unnecessary disputation is ; and therefore, I 
 hope you will avoid it, that the public business may be done with 
 all proper despatch, and you may return to your homes as soon as 
 well may be. FRA. BERNARD. 
 
 [The Governor objected to J. Gerrish, T. Saunders, Col. Otis 1 , 
 J. Bowers, and S. Dexter, who had been elected Counsellors. The 
 House immediately appointed them a committee to introduce to 
 the Governor two gentlemen chosen Counsellors from their body.] 
 
 MESSAGE 
 
 FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 
 MAY 28, 1767. 
 
 Gentlemen of the House of Representatives, 
 
 THIS morning Ensign Dalrymple, of the 14th regiment of foot, 
 informed me that he was just arrived from Scotland, with twenty- 
 seven recruits for said regiment, and praying that I would order 
 quarters to be assigned for them. I accordingly ordered, that they 
 
110 MASSACHUSETTS STATE PAPERS. 
 
 should be received into the barracks at the Castle; and I laid the 
 matter before the Council, and asked their advice concerning the 
 ordering the usual allowances^for these men, while they remain in 
 the barracks. The Council have advised me, as the House is now 
 sitting, to communicate this matter to the House, which I do, ac 
 cordingly ; and desire that you will take order that proper pro 
 vision be made for these men, while they remain in the barracks. 
 
 FRA. BERNARD. 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR S SPEECH, 
 JUNE 2, 1767. 
 
 Jlfay it please your Excellency, 
 
 HAVING duly considered your speech at the opening of this 
 session, the House of Representatives beg leave, with great sin 
 cerity, to say, that there is nothing which they more ardently wish 
 for, than a mutual confidence in the several branches of the Gen 
 eral Assembly, and a happy unanimity in such measures as shall 
 best promote the prosperity of his Majesty s government, and the 
 peace and welfare of his subjects of this province. At the same 
 time, we must freely declare to your Excellency, that during the 
 whole period of that general calamity and distress, which you 
 chose to denominate a popular uneasiness, we do not recollect a 
 single act done by the representative body of this province, which 
 could have the least tendency to interrupt a general harmony, so 
 essentially necessary for the valuable purposes of government. 
 Nor can it, in our opinion, without great injustice, be supposed, 
 that had there been, in reality, nothing more than a groundless, 
 popular uneasiness, it would have been suffered to intermix with 
 their public councils, and occasion a breach of confidence. 
 
 We are obliged to say that there is the deepest concern among 
 the people of this province ; that after they have shewn every pos 
 sible mark of loyalty, it has yet been represented to his Majesty, 
 that a degree of ill temper remains in his colony of Massachusetts 
 Bay. The letter from the Secretary of State, (Lord Shelburne) 
 which your Excellency communicated to the last Assembly, leaves 
 110 room to doubt but that such representation has been made.* 
 Permit us, sir, just to observe, that nothing will tend more to 
 conciliate the minds of this people, than to give us the opportunity 
 
 * Governor Bernard had often complained to the British ministry, before this period, as 
 fee continued afterwards to do, that the province was in a state of rebellion, and could not 
 be governed, but by a military force. He recommended arbitrary measures, and ur^ed to 
 tte appointment of Counsellors by the Crown, &<;, 
 
MASSACHUSETTS STATE PAPERS. Ill 
 
 to make it evident to our constituents, that you have had no hand 
 in such representation. Such a measure might tend to remove 
 that concern, and to restore unanimity to this General Court ; 
 and we rely on that assurance you have given us, that you will 
 heartily concur with us in all measures which shall be conducive 
 to so salutary a purpose. 
 
 You are pleased to make an open and express declaration, that 
 you do no mean to decline the full exercise of the constitutional 
 powers with which you are vested. We are fully convinced of it ; 
 nor have we the least desire that you should ever decline the full 
 exercise of those powers. Your Excellency, however, will allow 
 us to say, that there is such a thing as an indiscreet use of legal 
 power, of which this House have a right to form their own judg 
 ment. 
 
 Your Excellency tells us, you desire to temper your authority 
 \vith all proper moderation. Whether you have not already, since 
 the opening of this session, missed the fairest opportunity of mak 
 ing evident such a disposition, is a matter that is now open to the 
 judgment of the world. 
 
 You have not been pleased to point out the business of this ses 
 sion, but strongly recommend to us to shorten it, as the season of 
 the year requires. We are sensible there are matters that imme 
 diately concern his Majesty s government of this province, which 
 properly now come before us. These we shall despatch in as 
 short a time as will admit of a due deliberation upon them. Un 
 necessary disputation we shall avoid. (Your Excellency tells us, 
 we must have observed how very expensive it is. If you refer to 
 the disputes of the last year, we do not judge them, so far as we 
 have observed, to have been unnecessary, or protracted beyond 
 due bounds. We are sorry there was occasion given for them ; 
 but, in our opinion, the late House of Representatives are not 
 chargeable with it. As the rights of this people are now entrusted 
 to us, it is our indispensable duty to maintain and defend them. 
 We hope none of them will be drawn into question; but should 
 that be the case, we are bound in conscience to contend for them ; 
 and therefore we shall not think the dispute on our part unneces 
 sary, or the time employed in it mispentj 
 
 [The committee who reported this answer were, Major Hawley, 
 Mr, Otis, Col. Brown, Col. Bowers, Mr. Adams, Cx)l. Partridge, 
 and Mr. Dexter.] 
 
112 MASSACHUSETTS STATE PAPERS. 
 
 RESOLVE 
 
 OF THE GENERAL COURT, MAKING PROVISION FOR THE REGULAR TROOPS; 
 C^ REFERRED TO IN THE GOVERNOR S MESSAGE, MAY 18, JUNE 16, 1767. 
 
 IN the House of Representatives ; his Excellency the Gover- 
 nor having, by a message of the 28th of May last, acquainted the 
 House of the arrival of twenty-seven recruits, under the command 
 of Ensign Dalrymple, of his Majesty s fourteenth regiment of foot, 
 now at Halifax, and having desired that the House would take or 
 der that proper provision might be made for them 
 
 Resolved, that such provision be made for these men, while they 
 remain here, as has been heretofore usually made for his Majesty s 
 regular troops, when occasionally in this province ; and that the 
 Commissary General be, and he is hereby directed to see that this 
 resolve be put in execution. 
 
 [The speech of Governor Bernard, at the opening of the Janu 
 ary session, 1768, related entirely to the running of the line be 
 tween this province and New York 5 and New Hampshire and 
 Maine.] 
 
 RESOLVE 
 
 OF THE HOUSE, CONCERNING THEIR CIRCULAR LETTER TO THE ASSEM 
 BLIES OF OTHER COLONIES, FEBRUARY 13, 1768. 
 
 WHEREAS this House has directed, that a letter be sent to the 
 several Houses of Representatives and Burgesses of the British 
 colonies on the continent, setting forth the sentiments of the House, 
 with regard to the great difficulties that must accrue by the opera 
 tion of divers acts of Parliament, for levying duties and taxes on 
 the colonies, with the sole and express purpose of raising a rev 
 enue, and their proceedings thereon, in a humble, dutiful and loyal 
 petition to the King, and such representations to his Majesty s 
 ministers,* as they apprehend may have a tendency to obtain 
 redress : and whereas, it is the opinion of this House, that all 
 effectual methods should be taken to cultivate harmony between the 
 several branches of this government, as being necessary to promote 
 the prosperity of his Majesty s government in the province ; 
 
 Resolved, That Mr. Otis, Col. Preble, Col. Brown, Mr. Say- 
 
 * These documents will be found below in this volume. 
 
MASSACHUSETTS STATE PAPERS. 113 
 
 ward, and Mr. Hall, be a committee to wait on his Excellency the 
 Governor, and acquaint him that a copy of the letter aforesaid, 
 will be laid before him, as well as of all the proceedings of this 
 House relative to said affair, if he shall desire it: and that said 
 committee humbly request, that his Excellency would be pleased 
 to favor the House with a copy of the letter from the right honora 
 ble the Earl of Shelburne, lately read to the House by order of his 
 Excellency, and his own letters to which it refers.* 
 
 MESSAGE 
 
 FROM GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES, IN 
 REPLY TO THE FOREGOING, FEBRUARY 16, 1768. 
 
 Gentlemen of the House of Representatives, 
 
 IN answer to your message of the 13th instant, I find it neces 
 sary to inform you, that soon after the letter of the Earl of Shel 
 burne was read in your House, I ordered a copy of it to be given 
 to the Speaker, to be used as he should think fit, upon condition that 
 no other copy should be taken thereof. I am very willing that 
 the copy in. the Speaker s hands should be communicated to you, 
 in any manner which is consistent with that restriction. 
 Qtknow of no letters of my own wRich I think can be of any use 
 to you upon this occasion^ 
 
 I quite agree with you, in opinion, that all effectual methods 
 should be taken to cultivate harmony between the several branches 
 of the legislature of this government, as being necessary to promote 
 the prosperity of the province ; and I shall cheerfully join with 
 you in all proper measures for so salutary a purpose. 
 
 FRA. BERNARD. 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR S MESSAGE, 
 FEBRUARY 18, 17158. 
 
 May it please your Excellency , 
 
 YOUR message of the 16th instant has been read, and duly con 
 sidered, in the House of Representatives. The manner in which 
 your Excellency was pleased to introduce into this House the let- 
 
 * This letter was afterwards reluctantly laid before tke House by the Governor , and will 
 be found in this volume below. 
 
 15 
 
114: MASSACHUSETTS STATE PAPERS. 
 
 ter from the right honorable the Earl of Shettwrne by giving orders 
 to the Secretary to read it without leaving a copy, appeared to be 
 unprecedented and unparliamentary. But this made but a light 
 impression on the House, when the members recollected, as far as 
 they could, the unfavorable sentiments his Lordship thought him 
 self necessitated to entertain of the two Houses of this Assembly, 
 and of some particular members in this House, whose characters in 
 the opinion or the House, stand unimpeachable. Under this ap 
 prehension, they thought it necessary, for their own vindication, 
 humbly to request your Excellency to favor them with a copy of 
 his Lordship s letter ; and as it appeared to them that his Lordship 
 had formed his sentiments of the two Houses, and their members, 
 from your own letters to which he referred, the House thought they 
 could nfct do themselves and their members justice, unless they 
 could be favored with a sight of them also, and accordingly re- 
 quegted it of your Excellency. 
 
 (You are pleased to say that you know of no letters of your " own 
 that you think can be of any use to the House upon this occasion. ;> 
 The House did not in their vote or message say what occasion 
 they had to request them. But when his Lordship expressly says, 
 that it appears from your several letters, that your negativing coun 
 sellors in the late elections was done with due deliberation and 
 judgment, it is natural for the House to conclude that your Excel- 
 Jency had thought it convenient to give his Lordship the particular 
 reasons you had for a measure so rare and extraordinary. These 
 reasons seem to have -prevailed to justify your Excellency ; for his 
 Lordship acquaints you that his Majesty is graciously pleased to 
 approve of your having exerted the power lodged in you by the 
 constitution of the province. But unfortunately for the two Houses, 
 his Lordship passes a different judgment upon their conduct, and 
 takes occasion to applaud the wisdom of those who framed the 
 charter, in providing that a power should be placed in the Gov 
 ernor as an occasional check upon any indiscreet use, of the right 
 of electing counsellors. It evidently appears from this passage 
 that his Majesty s minister has conceived an opinion of the two 
 Houses as having made an indiscreet use of a charter right. The 
 House were willing to be convinced that this opinion and other 
 Sentiments expressed in his Lordship s letter, which imply an hig!> 
 censure upon the two Houses, and upon particular members of 
 this House, were rather inferences drawn from your letters, in 
 which his Lordship might be liable to mistake, than the direct ex 
 pressions of it. Had your Excellency been pleased to have favored 
 them with the copies, they might have been of use upon the occa 
 sion, and satisfactory to the House. But as you have thought 
 proper to refuse them, they are left to conjecture with all possible 
 candor, and appeal to the worldlf 
 
 His Lordship is induced to believe that the Assembly have made 
 an indiscreet use of their right of choosing counsellors to the ex^ 
 
M-ASSACHUSETTS STATE PAPERS, 115 
 
 elusion of the principal officers of government from the Board, 
 whose presence there as counsellors, so manifestly tends to facili 
 tate the course of public business, and who have therefore been be 
 fore this period usually elected ; and that they have thus exerted 
 their right with a far different intention from that of promoting the 
 reestablishment of tranquility, and evincing the duty and attach 
 ment of the colony towards Great Britain. The House would be 
 glad to justify this construction of his Lordship s letter, which is 
 nearly in the words of it, by publishing it in their journals, but 
 that is inconsistent with your Excellency s restrictions. This is 
 not the first time that his Majesty s ministers, and even his Majes 
 ty himself, after having had before him your Excellency s letters 
 and the inclosures, has thought it necessary to form an opinion of 
 his loyal subjects of this province, as having a degree of ill temper 
 prevailing among them. And your Excellency cannot be insensible 
 that the present House have heretofore, for the sake of conciliat 
 ing the minds of the people, and restoring a unanimity to this 
 General Conrt, requested your Excellency to give them the op 
 portunity of making it evident to their constituents that your let 
 ters had no tendency to induce such an opinion : and the House 
 still think that nothing would tend more to promote the salutary 
 purpose of cultivating an harmony between the several branches of 
 this legislature, in which your Excellency expresses a disposition 
 cheerfully to join with the House, than an open aud unreserved 
 explanation to each other. For this purpose the House, in their 
 message, assured you that they were ready to lay before you their 
 humble petition to his Majesty, and their representations to his 
 ministers, with all their other proceedings upon the important mat 
 ters that have been before them, at the same time they made their 
 reasonable request of your Excellency s letters. 
 
 After having recited so great a part of the sentiments of his Lord 
 ship s letter, no one can be astonished at the conclusion he is 
 pleased to make ; that under such circumstances it cannot be sur 
 prising, that his Majesty s Governor exerts the right entrusted to 
 him by the same constitution, to the purpose of excluding those 
 from the council, whose mistaken zeal may have led them into im 
 proper excesses, and whose private resentments (and his Lordship 
 adds, he should be sorry to ascribe to them motives still more 
 blameable) may in your opinion further lead them to embarrass 
 the administration, and endanger the quiet of the province. Surely 
 his Lordship would never have passed such a censure upon the two 
 Houses of Assembly, nor upon particular gentlemen, altogether 
 strangers to him, but upon what he thought to be the best authority. 
 It is far beneath his character and dignity to give credit, or even 
 to hearken to any account so prejudicial to the reputation of the 
 province, and of particular persons, but what he receives from 
 gentlemen in the highest stations in it. Your Excellency, then, 
 must allow the House to believe, until they shall be convinced to 
 
116 MASSACHUSETTS STATE PAPERS. 
 
 the contrary, that your several letters, to which his Lordship re 
 fers, are so fully expressed, as to have lef this Lordship no room to 
 suspect that he could be mistaken. 
 
 In such a case, your Excellency cannot think that the House 
 can remain in silence. They recommend to their injured mem 
 bers a becoming calmness and fortitude ; and take this occasion 
 to bear testimony to their zeal for the honor of their King, and 
 the rights of their constituents. But the character of the people 
 whom this House represent, as well as their own honor, is at stake, 
 and requires them to take every prudent measure for their own 
 vindication. The House are truly sorry that this new occasion of 
 mistrust and jealousy has happened; but they, can never be so 
 wanting to themselves, as to omit the opportunity of removing 
 from his Lordship s mind, the unfavorable impressions which ap 
 pear by his letter ; and what is of much greater importance to 
 them, of standing before their Sovereign in their own just charac 
 ter of loyal subjects. 
 
 MESSAGE 
 
 FROM THE GOVERNOR, BY THE SECRETARY, TO THE HOUSE OF REPRE 
 SENTATIVES, IN REFERENCE TO THE ABOVE, .FEBRUARY 22, 1768. 
 
 Mr. Sfieaker, 
 
 I AM ordered by his Excellency to inform you, that, as this 
 House has thought fit to permit their message of February 18th, 
 containing extracts from the Secretary of State s letter, with ob 
 servations upon it, to be printed in a common newspaper, it is to 
 no purpose to continue the restriction against granting copies of* 
 such letters. He therefore, consents, that it may be entered on 
 the journals of the House.* 
 
 * February 24. The House passed the following resolve : Whereas his Excellency the Gov 
 ernor, in his message to this House, by the Secretary, the 16th inst. \vas pleased to signify his 
 apprehension, that the House thought fit to permit their message of the 18th, containing ex 
 tracts from the Secretary of State s letter, with observations upon it, to be published in a 
 common newspaper ; which, if it be not explained, may induce his Excellency further to ap 
 prehend, that the House are in breach of confidence w ith regard to the restrictions he was 
 S eased to lay them under, when he consented that the said letter should be perused in the 
 ouse: Resolved, as the opinion of this House, that in order to make a pertinent and f til! 
 answer to his Excellency s message of the 16th, it was necessary to recite some parts of his 
 Lordship s letter : but that this House took no order with regard to the publishing of their 
 Hiessage containing such recital, in a common newspaper. 
 
MASSACHUSETTS STATE PAPERS. 117 
 
 LETTER 
 
 JFROM LORD SHELBURNE, TO GOVERNOR BERNARD, COMMUNICATED TO THE 
 HOUSE, FEBRUARY, 1768. 
 
 Whitehall, September 17, 1767. 
 
 SIR, 
 
 I HAVE the pleasure to signify to you his Majesty s approba r 
 tion of your conduct, and to acquaint you that he is graciously 
 pleased to approve of your having exerted the power lodged in 
 you, by the constitution of the province of Massachusetts Bay, of 
 iiegativing counsellors in the late election, which appears from 
 your several letters, to have been done with due deliberation and 
 judgment. 
 
 Those who framed the present charter, very wisely provided, 
 that this power should be placed in the Governor, as an occasional 
 check jipon any indiscreet use of the right of electing counsellors, 
 which was given by charter, to the Assembly, which might, at 
 certain periods, by an improper exercise, have a tendency to dis 
 turb the deliberations of that part of the legislature, from whom 
 the greatest gravity and moderation is more peculiarly expected. 
 As long, therefore, as the Assembly shall exert their right of elec 
 tion, to the exclusion of the principal officers of government from 
 the Council, whose presence there, as counsellors, so manifestly 
 tend to facilitate the course of public business, and who have 
 therefore been, before this period, usually elected, and while in 
 particular, they exclude me.n of such unexceptionable characters, 
 as both the present Lieutenant Governor and Secretary, undoubt 
 edly are, and that too, at a time when it is more peculiarly the 
 duty of all parts of the government to promote the reestablishment 
 of tranquility, and not forego the least occasion of evincing the 
 duty and attachment of the colony towards Great Britain. It 
 cannot, under such circumstances, be surprising, that his Majesty s 
 Governor exerts the right entrusted to him by the same constitu 
 tion, to the purpose of excluding those from the Council, whose 
 mistaken zeal may have led them into improper excesses, and 
 whose private resentments (I should be sorry to ascribe to them 
 motives still more blameable,) may, in your opinion, further lead 
 them to embarrass the administration, and endanger the quiet of 
 the province. 
 
 The dispute, which has arisen about the Lieutenant Governor s 
 being present, without a voice, at the deliberations of the Council, 
 is no otherwise important, than as it tends to show a warmth in 
 the House of Representatives, which I am very sorry for. The 
 question concerning his admission, seems to lie in the breasts of 
 the Council only, as being the proper judges of their own privil- 
 
118 MASSACHUSETTS STATE PATPERS. 
 
 eges, and as having the best right to determine whom they will 
 admit to be present at their deliberations. 
 
 I am to inform you, sir, that it is his Majesty s resolution to ex 
 tend to you his countenance arid protection in every constitutional 
 measure, that shall be found necessary for the support of his gov 
 ernment in the Massachusetts Bay : And it will be your care and 
 your duty, to avail yourself of such protection, in those cases only, 
 where the honor and dignity of his Majesty s government is really, 
 either mediately, or immediately, concerned. 
 
 It is unnecessary to observe, that the nature of the English con 
 stitution is such as to furnish no real ground of jealousy to the 
 colonies ; and where there is so large a foundation of confidence, 
 it cannot be, but that accidental jealousies must subside, and things 
 again return to their proper and natural course. The extremes, 
 even of legal right, on either side, though sometimes necessary, 
 are always inconvenient; and men of real property, who must be 
 sensible that their own prosperity is connected with the tranquil - 
 ity of the province, will not be inactive, and suffer their quiet to 
 be disturbed, and the peace and safety of the state endangered by 
 the indiscretion or resentment of any. 
 
 I am, with great regard, your obedient servant, 
 
 SHELBURNE. 
 
 MESSAGE 
 
 FROM GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES, CON 
 CERNING A LIBELLOUS PARAGRAPH IN A NEWSPAPER, MARCH 1,1768. 
 
 Gentlemen of the House of Representatives, 
 
 I HAVE been used to treat the publications in the Boston Ga 
 zette, with the contempt they deserve ; but when they are carried 
 to a length, which, if unnoticed, must endanger the very being of 
 government, I cannot, consistently with the regard which I profess, 
 an d really have, for this province, excuse myself from taking no- 
 tice of a publication in the Boston Gazette, of yesterday ; I have, 
 therefore, consulted the Council thereupon, and have received 
 their unanimous advice, that I should lay the said libellous paper 
 before your House, as well as their Board. I have, therefore, or 
 dered the Secretary to communicate to you the said libellous pa 
 per, that you may take the same, with the circumstances attending 
 it, into your serious consideration 5 and do therein, as the majesty 
 of the King, the dignity of his government, the honor of this Gen 
 eral Court, and the true interest of this province shall require.* 
 
 FRA. BERNARD. 
 
 * The paragraph alluded to, was a low and scurrilous reflection on the Governor, similar 
 to those which often appear in free countries, in times of high political excitement* It rep 
 resented some one, (meaning Governor Bernard, no douht,) as a tyrant, aiming to enslave 
 the people, &c. but, charging him. wit.li n.o personal immorality. 
 
 -to th 
 
MASSACHUSETTS STATE PAPERS. 119 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES, TO THE ABOVE MESSAGE FROM 
 THE GOVERNOR, MARCH 3, 1763. 
 
 May it please your Excellency, 
 
 IN duty and great respect tohis Majesty s representative and 
 Governor of the province, this House have given all due attention 
 to your message, of the first instant. You are pleased to recom 
 mend to their serious consideration, a publication in the Boston 
 Gazette, of Monday last, as being carried to a length, which, if 
 unnoticed, must endanger the very being of government. In this 
 view, your Excellency, in the notice you have taken of it, without 
 doubt, acted consistently with the regard to this province, which 
 you profess. ^ 
 
 We are sorry that any publication in the newspapers, or any * 
 other cause, should give your Excellency an apprehension of dan- 
 eer to the being or dignity of his Majesty s government here. But 
 this House, after examination into the nature and importance of 
 the paper referred to, cannot see reason to admit of such conclu 
 sion as your Excellency has formed. No particular person, pub 
 lic or private, is named in it. And as it does not appear to the 
 House, that any thing contained in it, can affect the majesty of the 
 King, the dignity of the government, the honor of the General 
 Court, or the true interest of the province, they think they may 
 be fully justified in their determination to take no further notice 
 of it. 
 
 The liberty of the press is the great bulwark of the liberty of 
 the people. It is, therefore, the incumbent duty of those who are 
 constituted the guardians of the people s rights, to defend and 
 maintain them. This House, however, as one branch of the legis 
 lature, in which capacity alone they have any authority, are ready 
 to discountenance an abuse of this privilege, whenever there shall 
 be occasion for it. Should the proper bounds of it, at any time, 
 be transgressed, to the prejudice of individuals, or the public, it is 
 their opinion, at present, that provision is already made for the 
 punishment of offenders, in the common course of the law. This 
 provision, the House apprehend, in the present state of tranquil 
 lity in the province, is sufficient, without the interposition of the 
 General Assembly 5 \vhich, however, it is hoped, will, at all times, 
 be both ready and willing to support the executive power in the 
 due administration of justice, whenever any extraordinary aid 1 
 shall become needful. ^ 
 
120 MASSACHUSETTS STATE PAPERS. 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
 REPRESENTATIVES, MARCH 4, 1768. 
 
 Gentlemen of the House of Representatives, 
 
 THE moderation and good temper which appeared to regulate 
 your coiifluct at the opening of this session, so flattered me, that I 
 promised myself that the like disposition would have continued to 
 the end of it. ButI am sorry to find that the lovers of contention have 
 shewed themselves not so intent upon preventing it, as upon waiting 
 for a fit opportunity to revive it. The extraordinary and indecent 
 observations which have been made upon the Secretary of State s let 
 ter, wrote, as I may say, in presence of the King himself, will fully 
 justify this suggestion. The causes of the censure therein contained, 
 have been specifically assigned, and set forth in the letter itself. 
 These causes, are facts universally known, and no M : here to be de 
 nied; they are considered in the letter as the sole causes of the 
 censure- con sequent thereto; and there was no occasion to resort 
 to my letters, or any other letters for other reasons for it. If you 
 think that this censure is singular, you deceive yourselves ; and 
 you are not so well informed of what passes at Westminster as 
 you ought to be, if you do not know that it is as general and ex 
 tensive as the knowledge of the proceedings to which it is applied ; 
 and, therefore, all your insinuations against me, upon false suppo 
 sitions of my having misrepresented you, are vain and groundless, 
 when every eftect is to be accounted for from a plain narrative of 
 facts, which must have appeared to the Secretary of State, from 
 your own journals. It is not, therefore, me, gentlemen, that you 
 call to account; it is the noble writer of the letter himself, the 
 King s minister of state, who has taken the liberty to find fault 
 with the conduct of a party in your Assembly. 
 
 Nor am I less innocent of the making this letter a subject of 
 public resentment. When, upon the best advice, I found myself 
 obliged to communicate it to you, I did it in such a manner, that 
 it might not, and would not, if you had been pleased, have trans 
 pired out of the General Court. Prudent men, moderate men, 
 would have considered it as an admonition, rather than a censure, 
 and have made use of it as a means of reconciliation, rather than 
 of further distraction. But there are men to whose being, (I mean 
 the being of their importance) everlasting contention is necessary. 
 And by these has this letter been dragged into public, and has 
 been made the subject of declamatory observations ; which, to 
 gether with large extracts of the letter itself, have immediately 
 after been carried to fhe press of the publishers of an infamous 
 newspaper ; notwithstanding the letter had been communicated 
 in confidence, that no copy of it should be permitted to be takei. 
 
MASSACHUSETTS STATE PAPERS. 
 
 So little have availed the noble Lord s intention of pointing out 
 the means of restoring peace and harmony to this government, 
 and my desire to pursue such salutary purpose, to the utmost of 
 my power. -j 
 
 Having said thus much to vindicate myself, which every honest 
 man has a right to do, I must add, that I have done nothing on my 
 part to occasion a dispute between me and your House ; it has 
 been forced upon me, by particular persons, for their own purposes. 
 I never will have any dispute with the Representatives of this 
 good people, which I can prevent, and will always treat them with 
 due regard, and will render them real service, when it is in my 
 power. Time and experience will soon pull the masks off those 
 false patriots, who are sacrificing their country to the gratification 
 of their own passions. In the mean while I shall, with more firm 
 ness than ever, if it is possible, pursue that steady conduct, which 
 the service of the King, and the preservation of this government, 
 so forcibly demand of me. And I shall, above all, endeavor to 
 defend this injured country from the imputations which are cast 
 upon it, and the evils which threaten it, arising from the machina 
 tions of a few, very few, discontented men, and by no means to be \ 
 charged on the generality of the people. 
 
 Gentlewen of tlte Council, v, 
 
 I return you thanks for your steady, uniform, and patriotic con 
 duct during this whole session, which has shewn you impressed 
 with a full sense of your duty, both to your King and to your coun 
 try. The unanimous example of men of your respectable charac 
 ters, cannet fail of having great weight to engage the people, in 
 general, to unite in proper means to put an end to the dissention 
 which has so long harrassed this province in its internal policy, and 
 disgraced it in its reputation abroad. I shall not fail to make a faith* 
 fill representation to his Majesty of your merit upon this occasion, 
 
 FRA. BERNARD. 
 
 PETITION TO THE KING, 
 
 FROM THE HOUSE OF REPRESENTATIVES OF THE PROVINCE OF MASSACHU* 
 
 SETTS BAY, SIGNED BY THEIR SPEAKER, BY THEIR ORDER, 
 
 JANUARY 20, 1768. 
 
 Most Gracious Sovereign, 
 
 YOUR Majesty s faithful subjects, the Representatives of your 
 province of the Massachusetts Bay, with the warmest sentiments 
 of loyalty, duty, and affection, beg leave to approach the throne, 
 16 
 
MASSACHUSETTS STATE PAPERS. 
 
 and to lay at your Majesty s feet, their humble supplications, iu 
 behalf of your distressed subjects, the people of this province. 
 
 Our ancestors, the first settlers of this country, having, with the 
 royal consent, which, we humbly apprehend, involves the consent 
 of the nation, and at their own great expense, migrated from the 
 mother kingdom, took possession of this land, at that time a. wild 
 erness, the right whereof they purchased, for a valuable consider 
 ation, of the council established at Plymouth, to whom it had been 
 granted by your Majestv s royal predecessor, King James the 
 First. 
 
 From the principles of loyalty to their Sovereign, which will 
 ever warm the breast of a true subject, though remote, they ac 
 knowledged their allegiance to the , English Crown : And your 
 Majesty will allow us, with all humility to say, that they and their 
 posterity, even to this time, have afforded frequent and signal 
 proofs of their zeal for the honor and service of their Prince, and 
 their firm attachment to the parent country. 
 
 With toil and fatigue, perhaps not to be conceived by their 
 brethren and fellow subjects at home, and with the constant peril 
 of their lives, from a numerous, savage and war-like race of men, 
 they began their settlement, and God prospered them. 
 
 They obtained a charter from King Charles the First, wherein 
 his Majesty was pleased to grant to them, and their heirs and as 
 signs forever, all the lands therein described, to hold of him and 
 his royal successors, in fee and common soccage ; which we humbly 
 conceive, is as absolute an estate, as the subject can hold under 
 the Crown. And in the same charter, were granted to them and 
 their posterity, all the rights, liberties, privileges, and immunities 
 of natural subjects, born within the realm. 
 
 This charter they enjoyed, having, as we most humbly conceive, 
 punctually complied with all the conditions of it, till in an unhappy 
 time, it was vacated. But after the revolution, when King Wil 
 liam and Queen Mary, of glorious and blessed memory, were 
 established on the throne in that happy reign, when to the joy of 
 the nation and its dependencies, the crown was settled in your 
 Majesty s illustrious family, the inhabitants of this province shared 
 in the common blessing. They then were indulged with another 
 charter, in which their Majesties were pleased, for themselves, 
 their heirs and successors, to grant and confirm to them as ample 
 estate in the lands or territories, as was granted by the former 
 charter, together with other the most essential rights and liberties 
 contained therein ; the principal of which is, that which your Ma 
 jesty s subjects within the realm have held a most sacred right, of 
 being taxed only by representatives of their own free election. 
 
 Thus blessed with the rights of Englishmen, through the indul 
 gent smiles of Heaven, and under the auspicious government of 
 your Maiesty and your royal predecessors, your people of this 
 province nave been happy, and your Majesty has acquired a nume- 
 
MASSACHUSETTS STATE PAPERS. 123 
 
 rous increase of loyal subjects, a large extent of dominion, and a 
 new and inexhaustible source tif commerce, wealth and glory. 
 
 With great sincerity, permit us to assure your Majesty, that 
 your subjects of this province, ever have, and still continue to ac 
 knowledge your Majesty s High Court of Parliament the supreme 
 legislative power of the whole empire ; the superintending au 
 thority of which is clearly admitted in all cases, that can consist 
 with the fundamental rights of nature and the constitution ; to 
 which your Majesty s happy subjects, in all parts of your empire, 
 conceive they have a just and equitable claim. **""" 1 
 
 It is with the deepest concern, that your humble suppliants j 
 \vould represent to your Majesty, that your Parliament, the recti 
 tude of whose intentions is never to be questioned, has thought 
 proper to pass divers acts, imposing taxes on your Majesty s sub 
 jects in America, with the sole and express purpose of raising a 
 revenue. If your Majesty s subjects here shall be deprived of the 
 honor and privilege of voluntarily contributing their aid to your 
 Majesty, in supporting your government and authority in the pro 
 vince, and defending and securing your rights and territories in 
 America, which they have always hitherto done with the utmost 
 cheerfulness ; if these acts of Parliament shall remain in force, 
 and your Majesty s Commons in Great Britain shall continue to 
 exercise the power of granting the property of their fellow sub 
 jects in this province, your people must then regret their unhappy 
 fate in having only the name left of free subjects. 
 
 With all humility we conceive that a representation of your 
 Majesty s subjects of this province in the Parliament, considering 
 their local circumstances, is utterly impracticable. Your Majesty 
 has heretofore been graciously pleased to order your requisitions 
 to be laid before the Representatives of your people in the General 
 Assembly, who have never failed to afford the necessary aid, to the 
 extent of their ability, and sometimes beyond it ; and it would be 
 grievous to your Majesty s faithful subjects to be called upon in a . 
 way, that should appear to them to imply a distrust of their most^j 
 ready and willing compliances. 
 
 Under the most sensible impressions of your Majesty s wise and 
 paternal care for the remotest of your faithful subjects, and in full 
 dependence on the royal declarations in the charter of this pro 
 vince, we most humbly beseech your Majesty to take our present 
 unhappy circumstances under your royal consideration, and afford 
 us relief in such a manner as in your Majesty s great wisdom and 
 clemency shall seefm meet. 
 
MASSACHUSETTS STATE PAPERS, 
 
 LETTER 
 
 FROM THE HOUSE OF REPRESENTATIVES, TO D. DE BERDT, ESQ. AGENT 
 FOR THE PROVINCE, IN ENGLAND, JANUARY 12, 1768. 
 
 SIR, 
 
 SINCE the last sitting of the General Court, divers acts of Par-" 
 liament, relating to the colonies, have arrived here ; and as the peo 
 ple of this province had no share in the framing those laws, in 
 which they are so deeply interested, the House of Representatives, 
 who are constitutionally entrusted by them, as the guardians of 
 their rights and liberties, have thought it their indispensable duty, 
 carefully to peruse them; and having so done, to point out such 
 matters in them, as appear to be grievous to their constituents, and 
 to seek redress. 
 
 The fundamental rules of the constitution are thej^rand security 
 of all British subjects ; and it is a security whicn they are all 
 equally entitled to, in all parts of his Majesty s extended domin 
 ions. The supreme legislative, in every free state, derives its 
 power from the constitution 5 by the fundamental rules of which, 
 it is bounded and circumscribed. As a legislative power is essen 
 tially requisite, where any powers of government are exercised, it 
 is conceived, the several legislative bodies in America were erect 
 ed, because their existence, and the free exercise of their power, 
 within their several limits, are essentially important and necessary, 
 to preserve to his Majesty s subjects in America, the advantages 
 of the fundamental laws of the constitution. 
 
 When we mention the rights of the subjects in America, and the 
 interest we have in the British constitution, in common with all 
 other British subjects, we cannot justly be suspected of the most 
 distant thought of an independency on Great Britain. Some, we 
 know, have imagined this of the colonists, and others may, perhaps, 
 have industriously propagated it, to raise groundless and unrea 
 sonable jealousies of them ; but it is so far from the truth, that we 
 apprehend the colonies would refuse it if offered to them, and 
 would even deem it the greatest misfortune to be obliged to ac 
 cept it. They are far from being insensible of their happiness, in 
 being connected with the mother country, and of the mutual ben 
 efits derived from it to both. It is, therefore, the indispensable 
 duty of all, to cultivate and establish a mutual harmony, and to 
 promote the intercourse of good offices between them ; and while 
 both have the free enjoyment of the rights of our happy constitu 
 tion, there will be no grounds of envy and discontent in the one, 
 jjor of jealousy and mistrust in the other. 
 
 It is the glory of the British constitution, that it hath its found 
 ation in the law of God and nature. It is an essential, natural 
 right, that a man shall quietly enjoy, and have the sole disposal of 
 
MASSACHUSETTS STATE PAPERS. 125 
 
 his own property. This right is adopted into the constitution. 
 This natural and constitutional right is so familiar to the Ameri 
 can subjects, that it would be difficult, if possible, to convince 
 them, that any necessity can render it just, equitable and reason 
 able, in the nature of things, that the Parliament should impose 
 duties, subsidies, talliages, and taxes upon them, internal or ex 
 ternal, for the sole purpose of raising a revenue. The reason is 
 obvious ; because, they cannot be represented, and therefore, their 
 consent cannot be constitutionally had in Parliament. 
 
 When the Parliament, soon after the repeal of the stamp act^ 
 thought proper to pass another act, declaring the authority, power, 
 and right of Parliament, to make laws that should be binding on 
 the colonies, in all cases, whatever, it is probable that acts for levy 
 ing taxes on the colonies, external and internal, were included ; for 
 the act made the last year, imposing duties on paper, glass, &c. as 
 well as the sugar acts and the stamp act, are, to all intents and 
 purposes, in form, as well as in substance, as much revenue acts, 
 as those for the land tax, customs and excises in England. The 
 necessity of establishing a revenue in America, is expressly men 
 tioned in the preambles ; they were originated in the honorable 
 House of Commons, as all other money and revenue bills are ; and 
 the property of the colonies, with the same form, ceremony and 
 expressions of loyalty and duty, is thereby given and granted to his 
 Majesty, as they usually give and grant their own. But we hum 
 bly conceive, that objections to acts of this kind, may be safely, if 
 decently made, if they are of dangerous tendency in point of com 
 merce, policy, and the true and real interest of the whole empire. 
 It may, and if it can, it ought to be made to appear, that such acts 
 are grievous to the subject, burthensome to trade, ruinous to the 
 nation, and tending on the whole to injure the revenue of the 
 Crown. And surelv, if such mighty inconveniencies, evils, and 
 mischiefs, can be pointed out with decency and perspicuity, there 
 will be the highest reason not only to hope for, but fully to expect 
 redress. 
 
 It is observable, that though many have disregarded life, and 
 contemned liberty, yet there are few men who do not agree that 
 property is a valuable acquisition, which ought to be held sacred. 
 Many have fought, and bled, and died for this, who have been in 
 sensible to all other obligations. Those who ridicule the ideas of 
 right and justice, faith and truth among men, will put a high value 
 upon money. Property is admitted to have an existence, even in 
 the savage state of nature. The bow, the arrow, and the toma 
 hawk-; the hunting and the fishing ground, are species of property, 
 as important to an American savage, as pearls, rubies and dia 
 monds are to the Mogul, or a Nabob in the PJast, or the lands, 
 tenements, hereditaments, messuages, gold and silver of the Euro 
 peans. And if property is necessary for the support of savage 
 I\fe, it is by no means less so in civil society. The Utopian schemes 
 
126 MASSACHUSETTS STATE PAPERS. 
 
 of levelling, and a community of goods, are as visionary and im 
 practicable, as those which vest all property in the Crown, are ar 
 bitrary, despotic, and in our government unconstitutional. Now, 
 what property can the colonists be conceived to have, if their mo 
 ney may be granted away by others, without their consent ? This 
 most certainly is the present case ; for they were in no sense rep 
 resented in Parliament, when this act for raising a revenue in 
 America was made. The stamp act was grievously complained of 
 by all the colonies ; and is there any real difference between this 
 act and the stamp act ? They were both designed to raise a reve 
 nue in America, and in the same manner, viz. by duties on cer 
 tain commodities. The payment of the duties imposed by the 
 stamp act, might have been eluded by a total disuse of the stamped 
 paper ; and so may the payment of these duties, by the total dis 
 use of the articles on which they are laid ; but in neither case, 
 without difficulty. Therefore, the subjects here, are reduced to 
 the hard alternative, either of being obliged totally to disuse arti 
 cles of the greatest necessity, in common life, or to pay a tax 
 without their consent. 
 
 The security of right and property, is the great end of govern 
 ment. Surely, then, such measures as tend to render right and 
 property precarious, tend to destroy both property and govern 
 ment ; for these must stand and fall together. It would be diffi 
 cult, if possible^ to show, that the present plan of taxing the colo 
 nies is more favorable to them, than that put in use here, before 
 the revolution. It seems, by the event, that our ancestors were, 
 in one respect, not in so melancholy a situation, as we, their pos 
 terity, are. In those times, the Crown, and the ministers of the 
 Crown, without the intervention of Parliament, demolished char 
 ters, and levied taxes on the colonies, at pleasure. Governor An- 
 clross., in the time of James II. declared, that wherever an English 
 man sets his foot, all he hath is the King s ; and Dudley declared, 
 at the Council Board, and even on the sacred seat of justice, that 
 the privilege of Englishmen, not to be taxed without their consent, 
 and the laws of England, would not follow them to the ends of the 
 earth. It was, also, in those days, declared in Council, that the 
 King s subjects in New England did not differ much from slaves ; 
 and that the only difference was, that they were not bought and 
 sold. But there was, even in those times, an excellent Attorney 
 General, Sir William Jones, who was of another mind ; and told 
 King James, that he could no more grant a commission to levy 
 money on his subjects in Jamaica, though a conquered island, 
 without their consent, by art Assembly, than they could discharge 
 themselves from their allegiance to the English Crown. But the 
 misfortune of the colonists at present is, that they are taxed by 
 Parliament, without their consent. This, while the Parliament 
 continues to tax us, will ever render our case, in one respect, 
 more deplorable and remediless, under the best of Kings, than 
 
MASSACHUSETTS STATE PAPERS. 127 
 
 that of our ancestors was, under the worst. They found relief by 
 the interposition of Parliament. But by the intervention of that 
 very power, we are taxed, and can appeal for relief, from their 
 final decision, to no power on earth ; for there is no power on 
 earth above them. 
 
 The original contract between the King and the first planters 
 here, was a royal promise in behalf of the nation, and which till 
 very lately, it was never questioned but the King had a power to 
 make; namely, that if the adventurers would, at their own cost 
 and charge, and at the hazard of their lives and every thing dear 
 to them, purchase a new world, subdue a wilderness, and thereby 
 enlarge the King s dominions, they and their posterity should en 
 joy such rights and privileges as in their charters are expressed ; 
 which are, in general, all the rights, liberties and privileges of his 
 Majesty s natural born subjects within the realm. The principal 
 privilege implied, and in some of their charters expressed, is a free 
 dom from all taxes, but such as they shall consent to in person, or 
 by representatives of their own free choice and election. The late 
 King James broke the original contract of the settlement and gov 
 ernment of these colonies ; but it proved happy for our ancestors 
 in the end, that he had also broken the original compact with his 
 three kingdoms. This left them some gleam of hope 5 this very 
 thing, finally, was the cause of deliverance to the nation and the 
 colonies, nearly at the same time ; it was the Parliament, the su 
 preme legislative and constitutional check on the supreme execu 
 tive, that in time operated effects worthy of itself ; the nation and 
 her colonies have since been happy, and our princes patriot Kings. 
 The law and reason teaches, that the King can do no wrong ; and 
 that neither King nor Parliament are otherwise inclined than to 
 justice, equity and truth. But the law does not presume that the 
 King may not be deceived, nor that the Parliament may not be 
 misinformed. If, therefore, any tiling is wrong, it must be "imputed 
 to such causes. How far such causes nave taken place and operated 
 against the colonies, is humbly submitted to the revision and re 
 consideration of all. 
 
 By the common law, the colonists are adjudged to be natural 
 born subjects. So they are declared by royal charter ; and they 
 are so, by the spirit of the law of nature and nations. No jurist, 
 who h^s the least regard to his reputation in the republic of let 
 ters, will deny that they are entitled to all the essential rights, 
 liberties, privileges and immunities, of his Majesty s natural sub 
 jects, born within the realm. The children oi his Majesty s natu 
 ral born subjects, born passing and repassing the seas, have, by 
 sundry acts of Parliament, from Edward the Third to this time, 
 been declared natural born subjects; and even foreigners, residing 
 a certain time in the colonies, are, by acts of Parliament, entitled 
 to all the rights and privileges of natural born subjects. And it is 
 remarkable, that the Act of 13 Geo, II. chap. 7 9 presupposes that 
 
128 MASSACHUSETTS STATE PAPERS. 
 
 the colonists are natural born subjects ; and that they are entitled 
 to all the privileges of such ; as appears by the preamble, which we 
 shall now recite. " Whereas the increase of people is the means 
 of advancing the wealth and strength of any nation or country ; 
 and whereas many foreigners and strangers, from the lenity of our 
 government and purity of our religion, the benefit of our laws, the 
 advantages of our trade, and the security of our property, might 
 be induced to come and settle in some of his Majesty s colonies in 
 America, if they were made partakers of the advantages and priv 
 ileges which natural born subjects of this realm do enjoy." Which 
 plainly shows it to be the sense of the nation, that the colonies 
 were entitled to, and did actually enjoy, the advantages and priv 
 ileges of natural born subjects. But if it could be admitted as 
 clearly consistent with the constitution, for the Parliament of 
 Great Britain to tax the property of the colonies, we presume it 
 can be made to appear to be utterly inconsistent with the rules of 
 equity that they should, at least at present. It must be consider 
 ed, that by acts of Parliament, the colonies are prohibited from 
 importing commodities of the growth or manufacture of Europe, 
 except from Great Britain, saving a few articles. This gives the 
 advantage to Great JBritain of raising the price of her commodities, 
 and is equal to a tax. It is too obvious to be doubted, that by the 
 extraordinary demands from the colonies of the manufactures of 
 Britain, occasioned by this policy, she reaps an advantage of at 
 least twenty per cent, in the price of them, beyond what the colo 
 nies might purchase them for at foreign markets. The loss, there 
 fore, to the colonists, is equal to the gain which is made in Britain. 
 This in reality is a tax, though not a direct one ; and admitting 
 that they take annually from Great Britain, manufactures to the 
 value of two millions sterling, as is generally supposed, they then 
 pay an annual tax of four hundred thousand pounds, besides the 
 taxes which are directly paid on those manufactures in England. 
 The same reasoning will hold good with respect to the many enu 
 merated articles of their produce, which the colonies are restrain 
 ed, by act of Parliament, from sending to any foreign port. By this 
 restraint, the market is glutted, and consequently the produce sold, 
 is cheaper ; which is an advantage to Great Britain, and an equal 
 loss to, or tax upon, the colonists. Is it reasonable, then, that the 
 colonies should be taxed on the British commodities here .^espe 
 cially when it is considered, that the most of them settled a wil 
 derness, and, till very lately, defended their settlements without 
 a farthing s expense to the nation. They bore" their full propor 
 tion of the charges of securing and maintaining his Majesty s rights 
 in America, in every war from their first settlement, without any 
 consideration ; for the grants of Parliament in the last war were 
 compensations for an overplus of expense on their part. Many of 
 them, and this province in particular, have always maintained their 
 own frontiers at their own expense ; and have also frequently de- 
 
MASSACHUSETTS STATE PAPERS* 129 
 
 fended his Majesty s garrison at Annapolis, when it must other 
 wise have been unavoidably lost. The nation, in the late war, 
 acquired lands equal in value to all the expense she has been at in 
 America, from its settlement ; while the trade of the colonies has 
 been only "secured and restricted;" it has not been enlarged, 
 though new avenues of beneficial commerce have been opened to 
 the mother country. The colonies have reaped no share in the 
 lands which they helped to conquer, while millions of acres of those 
 very lands have been granted, and still are granting, to people who, 
 in all probability, will never see, if they settle them. 
 
 The appropriation of the monies, to arise by these duties, is an 
 objection of great weight. It is, in the first place, to be applied for 
 the payment of the necessary charges of the administration of 
 justice, and the support of civil government, in such colonies where 
 it shall be judged necessary. This House apprehends it would be 
 grievous, and of dangerous tendency, if the Crown should not onty 
 appoint Governors over the several colonies, but allow them such, 
 stipends as it shall judge proper, at the expense of the people, and 
 without their consent. Such a pewer, under a corrupt adminis 
 tration, it is to be feared, would introduce an absolute government 
 in America ; at best, it would leave the people in a state of utter 
 uncertainty of their security, which is far from being a state of civil 
 liberty. The Judges in the several colonies do not hold their com 
 missions during good behavior. If then they are to have salaries 
 independent of the people, how easy will it be for a corrupt Gov 
 ernor to have a set of Judges to his mind, to deprive a bench of 
 justice of its glory, and the people of their security. If the Judges 
 of England have independent livings, it must be remembered, 
 that the tenure of their commission is during good behavior, which 
 is a safeguard to the people. And besides, they are near the 
 throne, the fountain of right and justice ; whereas American Judg 
 es, as well as Governors, are at a distance from it. Moreover, it 
 is worth particular notice, that in all disputes between power and 
 liberty in America, there is danger that the greatest credit will 
 always be given to the officers of the Crown, who are the men in, 
 power. This we have sometimes found by experience ; and it is 
 much to be feared, that the nation will fall into some dangerous 
 mistake, if she has not already, by too great attention to the repre 
 sentations of particular persons, and a disregard to others. 
 
 But the residue of these monies is to be applied by Parliament, 
 from time to time, for defending, protecting and securing the colo 
 nies. If the government at home is apprehensive that the colonists 
 will be backward in defending themselves and securing his Majes 
 ty s territories in America, it must have been egregiously misin 
 formed. We need look back no farther than the last war, for 
 evidence of a contrary disposition. They always discovered the 
 most cheerful compliance with his Majesty s requisitions of men 
 and money for this purpose. They were then treated as free Brit- 
 17 
 
130 MASSACHUSETTS STATE PAPERS. 
 
 ish subjects, and never failed to grant aid to his Majesty of their 
 own free accord, to the extent of their ability, and even beyond it ; 
 of which the Parliament were then so sensible, that they made 
 them grants, from year to year, by way of compensation for extra 
 services. It is not at all to be doubted, but if they are still con 
 sidered upon the footing of subjects, they will always discover the 
 same disposition to exert themselves for his Majesty s service and 
 their own defence ; which renders a standing army in the colonies 
 a needless expense. Or, if it be admitted that there may be some 
 necessity for them in the conquered province of Canada, where the 
 exercise of the Romish religion, so destructive to civil society, is 
 allowed, surely there can be no need of them in the bowels of the 
 old colonies, and even in cities, where there is not the least dan 
 ger of a foreign enemy, and where the inhabitants are as strongly 
 attached to his Majesty s person, family and government, as in 
 Great Britain itself. There is an English affection in the colonists 
 towards the mother country, which will forever keep them con 
 nected with her, to every valuable purpose, unless it shall be erased 
 by repeated unkind usage on her part. As Englishmen, as well as 
 British subjects, they have an aversion to an unnecessary standing 
 army, which they look upon as dangerous to their civil liberties ; 
 and considering the examples of ancient times, it seems a little 
 surprising, that a mother state should trust large bodies of mer 
 cenary troops in her colonies, at so great a distance from her, lest, 
 in process of time, when the spirits of the people shall be depress 
 ed by the military power, another Caesar should arise and usurp 
 the authority of his master. 
 
 The act enabling his Majesty to appoint Commissioners of the 
 Customs to reside in America, has also been read in the House. It 
 declares an intention to facilitate the trade of America, of which 
 we cannot have any great hopes, from the tenor of the commission. 
 In general, innovations are dangerous ; the unnecessary increase 
 of Crown Officers is most certainly so. These gentlemen are au 
 thorized to appoint as many as they shall think proper, without 
 limitation. This will probably be attended with undesirable ef 
 fects. An host of pensioners, by the arts they may use, may in 
 time become as dangerous to the liberties of the people as an army 
 of soldiers ; for there is a way of subduing a people by art, as well 
 as by arms. We are happy and safe under his present Majesty s 
 mild and gracious administration ; but the time may come, when 
 the united body of pensioners and soldiers may ruin the liberties 
 of America. The trade of the colonies, we apprehend, may be as 
 easily carried on, and the acts of trade as duly enforced, without 
 this commission ; and, if so, it must be a very needless expense, 
 at a time when the nation and her colonies are groaning under 
 debts contracted in the late war, and how far distant another may 
 be, God only knows. 
 
MASSACHUSETTS STATE PAPERS. ISl 
 
 There is another act, which, this House apprehends, must be 
 alarming to all the colonies ; which is the act for suspending the 
 legislative power of the Assembly of New York on a certain con-* 
 dition. A legislative body, without the free exercise of the pow 
 ers of legislation, is to us incomprehensible. There, can be no 
 material difference between such a legislative and none at all. It 
 cannot be said, that the Assembly of New York hath the free ex 
 ercise of legislative power, while their very existence is suspended 
 upon their acting in conformity to the will of another body. Such, 
 a restriction throughout the colonies, would be a short and easy 
 method of annihilating the legislative powers in America, and by 
 consequence of depriving the people of a fundamental right of the 
 constitution, namely, that every man shall be present in the body 
 which legislates for him. 
 
 It may not be amiss to consider the tendency of a suspension of 
 colony legislation for non compliance with acts of Parliament, re 
 quiring a Provincial Assembly to give and grant away their own 
 and their constituents money for the support of a standing army. 
 We cannot but think it hard enough to have our property granted 
 away without our consent, without being ordered to deal it out 
 ourselves, as in the case of the mutiny act. It must be sufficiently 
 humiliating to part with our property in either of those ways, 
 much more in both ; whereby, as loyal subjects as any under his 
 Majesty s government, and as true lovers of their country as any 
 people whatever, are deprived of the honor and merit of voluntari 
 ly contributing to the service of both. What is the plain language 
 of such a suspension ? We can discover no more nor less in it than 
 this : If the American assemblies refuse to grant as much of their 
 own and their constituents money, as shall from time to time be- 
 enjoined and prescribed by the Parliament, besides what the Par 
 liament directly taxes them, they shall no longer have any legisla 
 tive authority ; but if they comply with what is prescribed, they 
 may still be allowed to legislate under their charter restrictions. 
 Does not political death and annihilation stare us in the face as 
 strongly on one supposition as the other ? Equally, in case of com- 
 pliance as of non compliance. 
 
 But let us suppose, for a moment, a series of events taking 
 place, the most favorable in the opinion of those who are so fond 
 of these new regulations ; that all difficulties and scruples of con 
 science were removed, and that every Representative in America 
 should acknowledge a just and equitable right in the Commons of 
 Great Britain, to make an unlimited grant of his and his constitu 
 ents property ; that they have/a clear right to invest the Crown 
 with all the lands in the colonies, as effectually as if they had 
 been forfeited. Would it be possible for them to conciliate 
 their constituents to such measures ? Would not the attempt 
 suddenly cut- asunder all confidence and communication be 
 tween the representative body and the people ? What, then. 
 
132 MASSACHUSETTS STATE PAPERS. 
 
 would be the consequence ? Could any thing be reasonably ex 
 pected but discontent, despair and rage, against their representa 
 tives, on the side of the people, and on the part of government, 
 the rigorous exertion of civil and military power ? The confusion 
 and misery, after such a fatal crisis, cannot be conceived, much 
 less described. 
 
 The present regulations and proceedings, with respect to the 
 colonies, we apprehend to be opposite to every principle of good 
 and sound policy. A standing army, in time of profound peace, 
 is naturally productive of uneasiness and discontent among the 
 people 5 and yet the colonies, by the mutiny act, are ordered and 
 directed to provide certain enumerated articles ; and the pains and 
 penalties, in case of non compliance, are evident, in the precedent 
 of New York. It also appears, that revenue officers are multiply 
 ing in the colonies, with vast powers. The Board of Commission 
 ers, lately appointed to reside here, have ample discretionary 
 powers given them, to make what appointments they please, and 
 to pay the appointees what sums they please. The establishment 
 of a Protestant Episcopate, in America, is also very zealously con 
 tended for 5 and it is very alarming to a people, whose fathers, 
 from the hardships they suffered, under such an establishment, 
 were obliged to fly their native country into a wilderness, in order 
 peaceably to enjoy their privileges, civil and religious. Their 
 being threatened with the loss of both at once, must throw them 
 Into a disagreeable situation. We hope in God such an estab 
 lishment will never take place in America, and we desire you 
 would strenuously oppose it. The revenue raised in America, 
 for ought we can tell, may be as constitutionally applied towards 
 the support of prelacy, as of soldiers and pensioners. If the pro 
 perty of the subject is taken from him, without his consent, it is 
 immaterial whether it be done by one man, or five hundred ; or 
 whether it be applied for the support of ecclesiastic or military 
 power, or both. It may be well worth the consideration of the 
 best politician in Great Britain or America, what the natural ten 
 dency is of a vigorous pursuit of these measures. We are not in-* 
 sensible that sopie eminent men, on both sides the water, are less 
 friendly to American charters and assemblies, than could be 
 wished. It seems to be growing fashionable to treat them, in com 
 mon conversation, as well as in popular publications, with con 
 tempt. But if we look back a few reigns, we shall find that even 
 the august assembly, the Parliament, was, in every respect, the ob 
 ject of a courtier s reproach. It was even an aphorism with King 
 James the First, that the Lords and Commons were two verv bad 
 copartners with a Monarch ; and he and his successors broke the 
 copartnership as fast as possible. It is certainly unnatural for a 
 British politician to expect, that ever the supreme executive of the 
 nation can long exist, after the supreme legislative shall be de 
 pressed and destroyed, which may God forbid. If the supreme 
 
MASSACHUSETTS STATE CAPERS. 133 
 
 executive cannot exist long in Britain, without the support of the 
 supreme legislative, it should seem very reasonable, in order to 
 support the same supreme executive, at the distance of a thousand 
 transmarine leagues from the metropolis, there should be, in so 
 remote dominions, a free legislative, within their charter limita 
 tions, as well as an entirely free representative of the supreme ex 
 ecutive of his Majesty, in the persons of Governors, Judges, Justi 
 ces, and other executive officers ; otherwise strange effects are to 
 be apprehended ; for the laws of God and nature are invariable. 
 A politician may apply or misapply these to a multiplicity of pur 
 poses, good or bad ; but these laws were never made for politicians 
 to alter. Should the time ever come, when the legislative assem 
 blies of North America shall be dissolved and annihilated, no more 
 to exist again, a strange political phenomenon will probably ap 
 pear. All laws, both of police and revenue, must then be made by 
 a legislative, at such a distance, that without immediate inspira 
 tion, the local and other circumstances of the governed, cannot 
 possibly be known to those who give and grant to the Crown, what 
 part of the property of their fellow subjects they please. There 
 will then be no Assemblies to support the execution of such laws : 
 and, indeed, while existing, by what rule of law or reason, are the 
 members of the Colony Assemblies executive officers ? They have, 
 as Representatives, no commission but from their constituents ; 
 and it must be difficult to show, why they are more obliged to ex 
 ecute acts of Parliament, than such of their constituents as hold 
 no commissions from the Crown. The most that can be expected 
 from either, is submission to acts of Parliament ; or to aid the offi 
 cers, as individual, or part of the posse comitatus, if required. It 
 would seem strange to call on the Representatives, in any other 
 way, to execute laws against their constituents and themselves, 
 which both have been so far from consenting to, that neither were 
 consulted in framing them. Yet it was objected by some, to the 
 American Assemblies, that they neglected to execute the stamp 
 act ; and that their resolves tended to raise commotions ; which 
 certainly was not the case here. For all the disorders in Boston y 
 in which any damage was done to property, happened long before 
 the resolves of the House of Representatives here were passed. 
 
 We have reason to believe, that the nation has been grossly mis 
 informed with respect to the temper and behavior of the colonists 5 
 and, it is to be feared that some men will not cease to sow the seeds 
 of jealousy and discord, till they shall have done irreparable mis 
 chief. You will do a singular service to both countries, if possible, 
 in detecting them. In the mean time, we desire you would make 
 known to his Majesty s ministers the sentiments of this House, 
 contained in this letter? and implgre a favorable consideration of 
 America. 
 
ISi MASSACHUSETTS STATE PAPEJIS. 
 
 CIRCULAR LETTER, 
 
 FROM THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS BAY, AD- 
 DRESSED TO THE SPEAKERS OF THE RESPECTIVE HOUSES OF REPRE 
 SENTATIVES AND BURGESSES ON THIS CONTINENT. 
 
 Province of Massachusetts Bay, February 11, 1768. 
 
 SIR, 
 
 THE House of Representatives of this province, have taken 
 into their serious consideration, the great difficulties, that must ac 
 crue to themselves and their constituents, by the operation of sev 
 eral acts of Parliament, imposing duties and taxes on the American 
 colonies.* 
 
 As it is a subject in which every colony is deeply interested, 
 they have no reason to doubt but your House is deeply impressed 
 with its importance, and that such constitutional measures will be 
 come into, as arc proper. It seems to be necessary, that all possi 
 ble care should be taken, that the representatives of the several 
 assemblies, upon so delicate a point, should harmonize with each 
 other. The House, therefore, hope that this letter will be candidly 
 considered in no other light than as expressing a disposition freely 
 to communicate their mind to a sister colony, upon a common con 
 cern, in the same manner as they would be glad to receive the 
 sentiments of your or any other House of Assembly on the con 
 tinent. 
 
 The House have humbly represented to the ministry, their own 
 sentiments, that his Majesty s high court of Parliament is the su 
 preme legislative power over the whole empire ; that in all free 
 states the constitution is fixed, and as the supreme legislative de 
 rives its power and authority from the constitution, it cannot over 
 leap the bounds of it, without destroying its own foundation ; that 
 the constitution ascertains and limits both sovereignty and alle 
 giance, and, therefore, his Majesty s American subjects, who ac 
 knowledge themselves bound by the ties of allegiance, have an 
 equitable claim to the full enjoyment of the fundamental rules ol" 
 the British constitution ; that it is an essential, unalterable right, 
 in nature, engrafted into the British constitution, as a fundamental 
 law, and ever held sacred and irrevocable by the subjects within 
 the realm, that what a man has honestly acquired is absolutely his 
 own, which he may freely give, but cannot be taken from him with 
 out his consent ; that the American subjects may, therefore, exclu 
 sive of any consideration of charter rights, with a decent firmness, 
 adapted to the character of free men and subjects, assert this 
 natural and constitutional right. 
 
 It is, moreover, their humble opinion, which they express with 
 
 * In addition to former acts, one passed in 1767, imposing a duty on paper, glass, tea, $ 
 
MASSACHUSETTS STATE PAPERS. 135 
 
 the greatest deference to the wisdom of the Parliament, that the 
 nets made there, imposing duties on the people of this province^ 
 with the st)le and express purpose of raising a revenue, are in 
 fringements of their natural and constitutional rights ; because, as 
 they are not represented in the British Parliament, his Majesty s 
 Commons in Britain, by those acts, grant their property without 
 their consent. 
 
 This House further are of opinion, that their constituents, con 
 sidering their local circumstances, cannot, by any possibility, be 
 represented in the Parliament 5 and that it will forever be imprac 
 ticable, that they should be equally represented there, and Conse 
 quently, not at all ; being separated by an ocean of a thousand 
 leagues. That his Majesty s royal predecessors, for this reason, 
 were graciously pleased to form a subordinate legislature here, that 
 their subjects might enjoy the unalienable right of a representa 
 tion : also, that considering the utter impracticability of their ever 
 being fully and equally represented in Parliament, and the great 
 expense that must unavoidably attend even a partial representation 
 there, this House think that a taxation of their constituents, even 
 without tbeir consent, grievous as it is, would be preferable to any 
 representation that could be admitted for them there. 
 
 Upon these principles, and also considering that were tlm right 
 in Parliament ever so clear, yet, for obvious reasons, it would be- 
 beyond the rules of equity that their constituents should be taxed, 
 on the manufactures of Great Britain here, in addition to the duties 
 they pay for them in England, and other advantages arising to Great 
 Britain, from the acts of trade, this House have preferred a hum 
 ble, dutiful, and loyal petition, to our most gracious sovereign, and 
 made such representations to his Majesty s ministers, as they ap 
 prehended would tend to obtain redress. 
 
 They have also submitted to consideration, whether any people 
 can be said to enjoy any degree of freedom, if the Crown, in addi 
 tion to its undoubted authority of constituting a Governor, should 
 appoint him such a stipend as it may judge proper, without the 
 consent of the people, and at their expense ; and whether, while 
 the judges of the land, and other civil officers, hold not their com 
 missions during good behaviour, their having salaries appointed 
 for them by the Crown, independent of the people, hath not a ten 
 dency to subvert the principles of equity, and endanger the hap 
 piness and security of the subject.* 
 
 In addition to these measures, the House have written a letter 
 to their agent, which he is directed to lay before the ministry ; 
 wherein they take notice of the hardships of the act for preventing 
 mutiny and desertion, which requires the Governor and Council 
 to provide enumerated articles for the King s marching troops, and 
 
 * A plan was already proposed (and afterwards adopted by the British ministry) to have the 
 salaries of the Governor and Judges of the Supreme Court, fixed by the Crown, though paid 
 by the people here. This was an innovation which justly alarmed the citizens of this pro- 
 
136 MASSACHUSETTS STATE PAPERS. 
 
 I 
 
 the people to pay the expenses ; and also, the commission of the 
 gentlemen appointed commissioners of the customs, to reside in 
 America, which authorizes them to make as many appointments, as 
 they think fit, and to pay the appointees what sum they please, for 
 whose mal-conduct they are not accountable ; from whence it may 
 happen, that officers of the Crown may be multiplied to such a de 
 gree as to become dangerous to the liberty of the people, by virtue 
 of a commission, which does not appear to this House to derive 
 any such advantages to trade as many have supposed. 
 
 These are the sentiments and proceedings of this House ; and 
 as they have too much reason to believe that the enemies of the 
 colonies have represented them to his Majesty s ministers, and to 
 the Parliament, as factious, disloyal, and having a disposition to 
 make themselves independent of the mother country, they have 
 taken occasion, in the most humble terms, to assure his Majesty, 
 and his ministers, that, with regard to the people of this province, 
 and, as they doubt not, of all the colonies, the charge is un 
 just. The House is fully satisfied, that your Assembly is too gen 
 erous and liberal in sentiment, to believe that this letter proceeds 
 from an ambition of taking the lead, or dictating to the other as 
 semblies. They freely submit their opinions to the judgment of 
 others^ and shall take it kind in your House to point out to them 
 any thing further, that may be thought necessary. 
 
 This House cannot conclude, without expressing their firm con 
 fidence in the King, our common head and father ; that the united 
 and dutiful supplications of his distressed American subjects, wi|l 
 meet with his royal and favorable acceptance.* 
 
 [The Committee by whom the foregoing, and also Petition to 
 the King, Letter to the Agent, to Lord Shelburne. &c. were, Mr. 
 Cushing, (the Speaker,) Col. Otis, Mr. Adams, Major Hawley, 
 Mr. Otis, Mr. Hancock, Capt. Sheaffe, Col. Bowers, and Mr. 
 Dexter.] 
 
 * The Editor cannot but observe, that this circular was one of the most effectual measure* 
 to call the attention of the colonists to their real situation, in a political view, to disseminate 
 correct sentimeuts on their constitutional and charter rights, to inspire a resolution to de 
 fend those rights, and to shew to the British administration, that the opposition in Massachu 
 setts, to the late acts of Parliament, was the efforts of men who knew how both to appreciate 
 and defend their political freedom. This will appear by the subsequent conduct of admin 
 istration ; for it was soon required that this circular should be rescinded ; and when the 
 General Court refused to do it, it was most arbitrarily ordered that it be dissolved. This, 
 however, was only onc } in a series of measures adopted, to resist the encroachments of despotic 
 power, and to maintain, the liberty Ipng enjoyed by our ancestors. 
 
MASSACHUSETTS STATE PAPERS. 137 
 
 LETTER 
 
 FROM THE HOUSE OP REPRESENTATIVES, TO THE RIGHT HONORABLE THE 
 
 EARL OF SHELBURNE, ONE OF HIS MAJESTY S PRINCIPAL 
 
 SECRETARIES OF STATE. 
 
 Province of Massachusetts Bay, January 15, 1768. 
 
 MY LORD, 
 
 THE House of Representatives of this his Majesty s province, 
 having had experience of your Lordship s generous sentiments of 
 his Majesty s most loyal, though remote subjects in America, and 
 of your noble exertions in their behalf, in the late time of their 
 distress, beg leave to lay before your Lordship s view the new 
 scenes of difficulty which are again opened upon us, and to im 
 plore your repeated interposition. 
 
 Your Lordship is not insensible that our forefathers were, in an 
 unhappy reign, driven into this wilderness by the hand of power. 
 At their own expense they crossed an ocean of three thousand 
 miles, and purchased an inheritance for themselves and their pos 
 terity, with the view of propagating the Christian religion, and en 
 larging the English dominion in this distant part of the earth. 
 Through the indulgent smiles of Heaven upon them, though riot 
 without hardship and fatigue ; unexperienced, and perhaps hardly 
 to be conceived by their brethren and fellow subjects in their na 
 tive land; and with the constant peril of their lives from a nume 
 rous race of men, as barbarous and cruel, and yet as warlike as 
 any people upon the face of the earth, they increased their num 
 bers, and enlarged their settlement. They obtained a charter 
 from King Charles the First, wherein his Majesty was pleased to 
 recognize to them a liberty to worship God according to the dic 
 tates of their conscience ; a blessing which in those unhappy times 
 was denied to them in their own country ; and the rights, liber 
 ties, privileges and immunities of his natural born subjects within 
 the realm. This charter they enjoyed, having punctually fulfilled 
 the conditions of it, till it was vacated, as we conceive arbitrarily, 
 in the reign of King Charles the Second. After the revolution, 
 that grand era of British liberty, when King William and Queen 
 Mary, of glorious and blessed memory, were established on the 
 throne, the inhabitants of this province obtained another charter, 
 in which the most essential rights and privileges, contained in the 
 former, were restored to them. Thus blessed with the liberties of 
 Englishmen, they continued to increase and multiply, till, as your 
 Lordship knows, a dreary wilderness is become a fruitful field, 
 and a grand source of national wealth and glory. 
 
 By the common law, my Lord, as well as sundry acts of Par 
 liament, from the reign of Edward the Third, the children of his 
 18 
 
138 MASSACHUSETTS STATE PAPERS. 
 
 Majesty s natural born subjects, born passing and repassing the 
 seas, are entitled to all the rights and privileges of his natural 
 subjects born within the realm. From hence the conclusion ap 
 pears to be indisputable, that the descendants of his Majesty s 
 subjects in the realm, who migrated with the consent of the na 
 tion, and purchased a settlement with their own treasure and 
 blood, without any aid from the nation ; who early acknowledged 
 their allegiance to the Crown of England, and have always ap 
 proved themselves faithful subjects, and in many instances given 
 signal proofs of their loyalty to their King, and their firm attach 
 ment and affection to their mother country; the conclusion is 
 strong, that exclusive of any consideration of their charter, they 
 are entitled to the rights and privileges of the British constitution, 
 in common with their fellow subjects in Britain. And it is very 
 remarkably the sense of the British nation, that they are so, as ap 
 pears by an act of Parliament, made in the 13th of his late Majes 
 ty, King George the Second.* The preamble of that act plainly 
 presupposes it ; and the purview of the same act enables and di 
 rects the Superior Court of Judicature of this province, a court 
 erected by the authority of the General Court, to naturalize 
 foreigners, under certain conditions ; which it is presumed, the 
 wisdom of the Parliament would not have empowered any people 
 to do, who were not themselves deemed natural born subjects. 
 
 The spirit of the law of nature and nations, supposes, that all 
 the free subjects of any kingdom, are entitled equally to all the 
 rights of the constitution ; for it appears unnatural and unrea 
 sonable to affirm, that local, or any other circumstances, can justly 
 deprive any part of the subjects of the same prince, of the full 
 enjoyment of the rights of that constitution, upon which the gov 
 ernment itself is formed, and by which sovereignty and allegiance 
 are ascertained and limited. But your Lordship is so thoroughly 
 acquainted with the extent of the rights of men and of subjects, 
 as to render it altogether improper to take up any more of your 
 time on this head. 
 
 There are, my Lord, fundamental rules of the constitution, which 
 it is humbly presumed, neither the supreme legislative nor the 
 supreme executive can alter. In all free states, the constitution 
 is fixed ; it is from thence, that the legislative derives its authority ; 
 therefore it cannot change the constitution without destroying its 
 own foundation. If, then, the constitution of Great Britain is the 
 common right of all British subjects, it is humbly referred to your 
 Lordship s judgment, whether the supreme legislative of the em 
 pire may rightly leap the bounds of it, in the exercise of power 
 over the subjects in America, any more than over those in Britain. 
 
 When mention is made of the rights of American subjects, and 
 the interest they have in the British constitution, in common with 
 
 *See page 128, Letter to De Berdt. 
 
MASSACHUSETTS STATE PAPERS. 139 
 
 all other British subjects, your Lordship is too candid and just in 
 your sentiments, to suppose that the House have the most distant 
 thought of an independency of Great Britain. They are not in 
 sensible of their security and happiness in their connexion with, and* 
 dependence on the mother state. These, my Lord, are the senti 
 ments of the House, and of their constituents ; and they have 
 reason to believe, they are the sentiments of all the colonies. 
 Those who are industriously propagating in the nation a different 
 opinion of the colonists, are not only doing the greatest injustice 
 to them, but an irreparable injury to the nation itself. 
 
 It is the glory of the British constitution, that it has its founda 
 tion in the law of God and nature. It is essentially a natural 
 right, that a man shall cpietly enjoy, and have the sole disposal of 
 his own property. This right is ingrafted into the British consti 
 tution, and is familiar to the American subjects. And your Lord 
 ship will judge, whether any necessity can render it just and 
 equitable in the nature of things, that the supreme legislative of 
 the empire, should impose duties, subsidies, talliages and taxes, in 
 ternal or external, for the sole purpose of raising a revenue, upon 
 subjects that are not, and cannot, considering their local circum 
 stances, by any possibility, be equally represented, and consequent 
 ly, whose consent cannot be had in Parliament. 
 
 The security of right and property, is the great end of govern 
 ment. Surely, then, such measures as tend to render right and 
 property precarious, tend to destroy both property and government, 
 for these must stand or fall together. Property is admitted to 
 have an existence in the savage state of nature ; and if it is ne- 
 cessarv for the support of savage life, it by no means becomes less 
 so in civil society. The House intreat your Lordship to consider, 
 whether a colonist can be conceived to have any property which 
 he may call his own, if it may be granted away by any other body, 
 without his consent. And they submit to your Lordship s judg 
 ment, whether this was not actually done, when the act for granting 
 to his Majesty certain duties on paper, glass, arid other articles, 
 for the sole and express purpose of raising a revenue in America, 
 was made. It is the judgment of Lord Coke, that the Parliament 
 of Great Britain cannot tax Ireland " quia milites ad Parliamen- 
 tum non mittant." And Sir William Jones, an eminent jurist, 
 declared it as his opinion, to King Charles the Second, that he 
 could no more grant a commission to levy money on his subjects 
 in Jamaica, without their consent, by an assembly, than they could 
 discharge themselves from their allegiance to the Crown. Your 
 Lordship will be pleased to consider that Ireland and Jamaica 
 were both conquered 5 which cannot be said of any of the colonies, 
 Canada excepted ; the argument therefore, is stronger in favor of 
 the colonies. 
 
 Our ancestors, when oppressed in the unfortunate reign of 
 James the Second, found relief by the interposition of the Parlia^- 
 
140 MASSACHUSETTS STATE PAPERS. 
 
 ment. But it is the misfortune of the colonies at present, that by 
 the intervention of that power they are taxed ; and they can ap 
 peal for relief from their final decision to no power on earth, for 
 there is no power on earth above them. Your Lordship will in 
 dulge the House in expressing a deep concern upon this occasion 5 
 for it is the language of reason, and it is the opinion of the greatest 
 writers on the law of nature and nations, that if the Parliament 
 should make any considerable change in the constitution, and the 
 nation should be voluntarily silent upon it, this would be consider 
 ed as an approbation of the act. 
 
 But the House beg leave to represent to your Lordship, that 
 although the right of the Parliament to impose taxes on the colo 
 nies, without a representation there, was indisputable, we humbly 
 conceive it may be made fully to appear to be unequal that they 
 should, at least at present. Your Lordship will be pleased to re 
 member, that by an act of Parliament, the colonists are prohibited 
 from importing commodities and manufactures of the growth of 
 Europe, saving a few articles, except from Great Britain. This 
 prohibition not only occasions a much greater demand upon the 
 mother country for her manufactures, but gives the manufacturers 
 there the advantage of their own price ; and can it be questioned, 
 my Lord, but the colonists are obliged by means of this policy, to 
 purchase the British manufactures at a much dearer rate, than the, 
 like manufactures would be purchased at, if they were allowed to 
 go to foreign markets ? It is a loss to the colonists, and an equal 
 gain to Great Britain. The same reasoning holds good with respect 
 to the many articles of their produce, which the colonies are re 
 strained by act of Parliament from sending to foreign ports. This 
 is in reality a tax, though an indirect one, on the colonies ; besides 
 the duties of excise and customs laid on the manufactures in Great 
 -Britain. A celebrated British writer on trade, computes the arti 
 ficial value arising from these duties, to be no less than fifty per 
 cent. Your Lordship will then form an estimate of the part that 
 is paid by the colonies upon the importation into America, which 
 is generally said to be at least the value of two millions sterling. 
 
 The House is not, at this time, complaining of this policy of the 
 mother state ; but beg your Lordship s impartial and candid con 
 sideration, whether it is not grievous to the colonies to be addition 
 ally taxed upon the commodities of Great Britain here, and to be 
 solely charged with "the defending and securing his Majesty s col 
 onies, after they have cheerfully borne their full proportion of 
 maintaining his Majesty s rights in this part of his dominions, and 
 reducing his enemies to terms of peace. 
 
 Your Lordship will allow the House to express their fears, that 
 the colonies have been misrepresented to his Majesty s ministers 
 and Parliament, as having an undutiful disposition towards his 
 Majesty, and a disaffection to the mother kingdom. It has, till a 
 few years past, been the usage for his Majesty s requisitions to be 
 
MASSACHUSETTS STATE PAPERS. 141 
 
 laid before the Representatives of his people in America ; and 
 we may venture to appeal to your Lordship, that the people of this 
 province have been ready to afford their utmost aid for his Majes 
 ty s service. It would be grievous to his most faithful subjects, to 
 be called upon for aid in a manner which implies a mistrust of a 
 free and cheerful compliance. And the House intreat your Lord 
 ship s consideration whether our enemies at least, would not infer 
 a want of duty and loyalty in u, when the Parliament have judged 
 it necessary to compel us by laws for that purpose ; as by the late 
 acts for raising a revenue in America, and the act for preventing 
 mutiny and desertion ; in the latter of which the Governor and 
 Council are directed to supply the King s troops with enumerated 
 articles, and the people are required to pay the expense. But be 
 sides, your Lordship will judge whether the execution of this act 
 can comport with the existence of a free legislative in America. 
 
 It is unnatural to expect, that the supreme executive power can 
 long exist, if the supreme legislative should be depressed and de 
 stroyed. In order, therefore, to support the supreme executive of 
 his Majesty, at so great a distance, in the person of his Governor., 
 Judges, and other executive officers, it seems necessary that there 
 should be a legislative in America as perfectly free, as can consist 
 with a subordination to the supreme legislative of the whole em 
 pire. Such a legislative is constituted by the royal charter of this 
 province. In this charter, my Lord, the King, for himself, his 
 heirs and successors, grants to the General Assembly full power 
 and authority to impose and levy proportionable and reasonable 
 assessments, rates and taxes, upon the estates and persons of the 
 inhabitants, to be issued and disposed of, by warrant under the 
 hand of the Governor, with the advice and consent of the Council, 
 for the service of his Majesty, in the necessary defence and sup 
 port of his government of the province, and the protection and pre 
 servation ot the inhabitants, according to such acts as are, or shall 
 be, in force in the province. And the House are humbly of opin 
 ion, that the legislative powers in the several colonies in America, 
 were originally erected upon a conviction, that the subjects there 
 could not be represented in the supreme legislative, and conse 
 quently that there was a necessity that such powers should be 
 erected. 
 
 It is, by no means, my Lord, a disposition in the House to dis 
 pute the just authority of the supreme legislative of the nation, that 
 induces them thus to address your Lordship 5 but a warm sense of 
 loyalty to their Prince, and, they humbly apprehend, a just con 
 cern for their natural and constitutional rights. They beg your 
 Lordship would excuse their trespassing upon your time and at 
 tention to the great affairs of state. They apply to you, as a 
 friend to the rights of mankind, and of British subjects. As Amer 
 icans^ they implore your Lordship s patronage, and beseech you to 
 represent their grievances to the King, our Sovereign, and employ 
 your happy influence for their relief. 
 
 
142 MASSACHUSETTS STATE PAPERS. 
 
 LETTER 
 
 FROM D. DE BERDT, ESQ. AGENT FOR THE PROVINCE, IN ENGLAND, TO THE 
 SPEAKER OF THE HOUSE OF REPRESENTATIVES. 
 
 SIR, 
 
 London, May 1C, 1768. 
 
 SINCE my last, I received your several letters, which I deliv 
 ered, as directed 5 and at Lord Shelburne s desire, sent him your 
 judicious observations on British liberty, which sentiments are ex 
 actly my own ; but have not been admitted to converse with his 
 Lordship on that head ; nor has he returned me the papers. 
 
 It is, at present, a time of great confusion ; the heats and ani 
 mosity of electing new members of Parliament are not yet subsi 
 ded ; universal discontent, on account of the dearness of provi 
 sions, which spreads itself throughout the kingdom, and will take 
 up the whole attention of the legislature, that I do not apprehend 
 any thing will be done on American affairs. However, you may 
 rely on my watching the most favorable opportunity to throw in 
 your petition, which, at present, will be by no means proper. 
 
 It gives me concern, as the prosperity of America, in conjunc 
 tion with ber mother country, lies near the heart of 
 Your obedient servant, 
 
 D. DE BERDT. 
 
 LETTER 
 
 FROM THE HOUSE OF REPRESENTATIVES OF THE PROVINCE OF MASSACHU 
 SETTS BAY, SIGNED BY THEIR SPEAKER, BY THEIR ORDER, TO THE 
 RIGHT HONORABLE THE MARQUIS OF ROCKINGHAM, 
 JANUARY 22, 1768. 
 
 My Lord, 
 
 THE House of Representatives of this his Majesty s province, 
 have had the honor of your letter of the 7th of May last, communi 
 cated to them by their Speaker ; and thank your Lordship for 
 your condescension, in the kind sentiments you are pleased to ex 
 press of his Majesty s good subjects of America, and of this pro 
 vince. The establishing the harmony between Great Britain and 
 her colonies, is a subject which your Lordship has judged worthy 
 of your particular attention ; and the exertions which you have 
 made for this very important purpose, claims the most grateful ac 
 knowledgments of this House. Your sentiments are so nobly ex- 
 
MASSACHUSETTS STATE PAPERS. 143 
 
 tended beyond the most distant partial considerations, as must dis 
 tinguish you as a patron of the colonies, a friend to the British 
 constitution, and the rights of mankind. 
 
 Your Lordship is pleased to say, that you will not adopt a sys 
 tem of arbitrary rule over the colonies .; nor do otherwise than 
 strenuously resist, where attempts shall be made to throw oft* that 
 dependence, to which the colonies ought to submit. And your 
 Lordship, with great impartiality, adds, " not only for the advan 
 tage of Great Britain, but for their own real happiness and safety." 
 
 This House, my Lord, have the honor heartily to join with you 
 in^sentiment ; and they speak the language of their constituents. 
 Sp^ sensible are they of their happiness and safety, in their union 
 with, and dependence upon, the mother country, that they would 
 by no means be inclined to accept of an independency, if offered 
 to themTJ But, my Lord, they intreat your consideration, whether 
 the colonies have not reason to fear some danger of arbitrary rule 
 over them, when the supreme power of the nation have thought 
 proper to impose taxes on his Majesty s American subjects, with 
 the sole and express purpose of raising a revenue, and without their 
 consent. 
 
 My Lord, the superintending power of that high court over all 
 his Majesty s subjects in the empire, and in all cases which can. 
 consist with the fundamental rules of the constitution, was never 
 questioned in this province, nor, as the House conceive, in any 
 other. But, in all free states, the constitution is fixed ; it is from 
 thence, that the supreme legislative, as welFas the supreme execu 
 tive derives its authority. Neither, then, can break through the 
 fundamental rules of the constitution, without destroying their own 
 foundation. 
 
 It is humbly conceived, that all his Majesty s happy subjects, in 
 every part of his wide extended dominions, have a just and equit 
 able claim to the rights of that constitution, upon which govern 
 ment itself is formed, and by which sovereignty and allegiance are 
 ascertained and limited. Your Lordship will allow us to say, that 
 it is an essential right of a British subject, ingrafted into the con 
 stitution, or, if your Lordship will admit the expression, a sacred 
 and unalienable, natural right, quietly to enjoy and have the sole, 
 disposal of his own property. In conformity to this, the acts of 
 the British Parliament declare, that every individual in the realm 
 is present in his Majesty s high court of Parliament, by himself, or 
 his representative, of his own free election. But, my Lord, it is 
 apprehended that a just and equal representation of the subjects, 
 at the distance of a thousand transmarine leagues from the metrop 
 olis, is utterly impracticable. Upon this opinion, this House hum 
 bly conceive his Majesty s royal predecessors thought it equitable 
 to form subordinate legislative powers in America, as perfectly free 
 as the nature of things would admit, that so their remote subjects 
 might enjoy a right, which those within the realm have ever held 
 
144 MASSACHUSETTS STATE PAPERS. 
 
 sacred, of being taxed only by representatives of their own free 
 election. 
 
 The House beg leave to observe to your Lordship, that the mo 
 nies which shall arise by the act for granting to his Majesty cer 
 tain duties on paper, glass and other articles, passed in the last 
 session of Parliament, are to be applied, in the first place, for the 
 payment of the necessary charges of the administration of justice, 
 and the support of civil government in such colonies as shall be 
 judged necessary; and Jj residue for defending, protecting and 
 securing the colonies. (They intreat your Lordship s considera 
 tion, what may be the consequences, in some future time, if the 
 V. Crown, in addition to its right of appointing Governors over the 
 ^*W colonies, which this House cheerfully recognize, should appoint 
 them such stipends as it shall judge fit, without the consent of the 
 people, and at their expense. And as the Judges of the land here 
 do not hold their commissions during good behavior, your Lordship 
 will judge, whether it may not hereafter happen, that at so great a 
 distance from the throne, the fountain of justice, for want of an 
 adequate check, corrupt and arbitrary rule may take place, even 
 within the colonies, which may deprive a bench of justice of its 
 glory, and the people of their happiness and safetjj 
 
 Your Lordship s justice and candor will induce you to be 
 lieve, that what our enemies may have taken occasion to represent 
 to his Majesty s ministers and the Parliament, as an undutiful dis 
 position in the colonies, is nothing more than a just and firm at 
 tachment to their natural and constitutional rights. It is humbly 
 submitted to your Lordship, whether these ideas are well founded. 
 And while this province and the colonies shall continue, in your 
 Lordship s judgment, to be faithful and loyal subjects to his Ma 
 jesty, they rely upon it, that your happy influence will ever be 
 employed to promote the sentiments of tenderness, as well as jus 
 tice, in the parent country. 
 
 [Letters were written by a committee of the House of Repre 
 sentatives, the same session, and sent to the right honorable 
 Henry S. Conway, one of his Majesty s principal Secretaries of 
 State 5 to the right honorable the Earl of Camden, Lord High 
 Chancellor of England ; the right honorable the Earl of Chatham; 
 and to the Lords Commissioners of the Treasury. These letters 
 are written with great ability, and breathe a noble spirit of free 
 dom, and present some new views of the subject, at that time con 
 troverted ; but as they are in substance like those here given, it 
 was thought unnecessary to insert them in this volume. It is ob 
 vious, however, to remark, that these papers shew the diligence, 
 the interest and zeal, which the patriots of that period exhibited in 
 reference to the dispute between Great Britain and the colonies, 
 and their unwearied efforts to secure the rights and liberties of the 
 people.] 
 
MASSACHUSETTS STATE PAPERS. 145 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
 REPRESENTATIVES, MAY 26, 1768. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 As the chief intention of this session isfto constitute the Gener 
 al Court for the year ensuing, and the season makes a long contin 
 uation of it very inconvenient, I must recommend to you, to 
 avoid all business, that can well be postponed, to the next session. 
 Among those matters which will demand your immediate atten 
 tion, will be the providing for the solicitation of the cause of this 
 province, with regard to the boundary line with New York. As 
 you are contented with that line which has heretofore been report 
 ed by the Lords Commissioners for trade and plantations 5 and the 
 province, in general, has hitherto acquiesced in it, there is great rea 
 son to expect that it will be confirmed. I have sent copies of the 
 papers relating to the treaty between the two provinces, concern 
 ing the line, to the Secretary of the Board of Trade ; and have 
 prayed that this province may have time to appoint an agent, or 
 solicitor, before their cause is brought into judgment. I shall 
 write more fully on the subject, as occasion shall serve, and shall 
 give this business all the assistance, which my station and ability 
 will afford. FRA. BERNARD. 
 
 [The Governor objected to T. Saunders, J. Hancock, J. Ger- 
 vish, A. Ward, Col. Otis, and J. Bowers,, who were chosen Coun 
 sellors.] 
 
 MESSAGE 
 
 FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 JUNE 21, 1768. 
 
 Gentlemen of the House of Representatives, 
 
 I HAVE his Majesty s orders to make a requisition to you, 
 which I communicate in the very words in which I have received 
 it. I must desire you to take it into immediate consideration, and 
 I assure you, that your resolution thereon, will have most important 
 consequences to the province. I am, myself, merely ministerial in 
 this business, having received his Majesty s instruction for all I 
 have to do in it. 1 heartily wish that you may see how forcible 
 19 
 
146 MASSACHUSETTS STATE PAPERS. 
 
 the expediency of your giving his Majesty this testimonial of your 
 duty and submission is, at this time. If you should think other 
 wise, I must nevertheless do my duty. FKA. BERNARD. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR, 
 / JUNE 22, 17631, 
 
 May it phase your Excellency , 
 
 THE House of Representatives humbly request your Excel- 
 yv lency to lay before them a copy of his Majesty s instructions, re- 
 * " ferred to in your message of the 21st instant ; a copy of the letter 
 to your Excellency, from the right honorable the Earl of Hillsbo- 
 rough, dated the 22d of April, 1768 ; a copy of a letter from his 
 Lordship, communicated lately, by your Excellency to the honor 
 able Board ; and copies of letters written by your Excellency to 
 his Lordship, relating to the subject of your aforesaid message. 
 
 ANSWER. 
 
 THE FOLLOWING MESSAGE WAS RECEIVED FROM HIS EXCELLENCY, 
 IN ANSWER TO THE ABOVE, JUNE 24, 1768. 
 
 Gentlemen of the House of Representatives, 
 
 I SHOULD have communicated the whole of the Earl of Hills- 
 borough s letter, relating to the business which I laid before you 
 the 21st instant, if I had not been desirous that your compliance 
 with his Majesty s requisition, might have its fullest merit, by its 
 appearing to be entirely dictated by a sense of your duty. 
 
 But since you desire to know what my further orders are, I 
 hereby send you a copy of the other part of the letter, relative to 
 this business, which contains all my instructions thereupon. And 
 as I know you will not expect that I should disobey the King s 
 ^positive commands, I must desire, that, if you should resolve to 
 oblige me to execute them, you will, previously to your giving 
 your final answer, prevent the inconveniences which must fall 
 upon the people, for want of the annual tax bill, which, I under 
 stand, is not yet sent up to the Board. For, if I am obliged tq 
 dissolve the Genera,l Court, I shall not think myself at liberty to 
 
MASSACHUSETTS STATE- PAPERS. 147 
 
 call another, till I receive his Majesty s commands for that pur 
 pose 5 which will be too late to prevent the Treasurer issuing his 
 warrants for the whole tax, granted by the act of the last year. 
 
 As to the letter of the Earl of Hillsborough, which I communi 
 cated to the Council, I must beg leave to be the proper judge of 
 the time and occasion of communicating any papers I receive, to 
 the Council or the House. If I had then thought it expedient to 
 lay it before the House, I should have done it ; when I shall think 
 it so, I shall do it. 
 
 As to your request of the copies of my letters to the Secretary of 
 State, you may assure yourselves, that I shall never make public 
 my letters to his Majesty s ministers, but upon my own motion, 
 and for my own reasons. FRA. BERNARD. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR, 
 
 JUNE 30, 1768. 
 
 May it please your Excellency, 
 
 THE House of Representatives ef this his Majesty s ancient 
 and loyal province of the Massachusetts Bay, have, with the great 
 est deliberation, considered your messages of the 21st and 24th 
 instant, with the several extracts from the letter of the right hon 
 orable the Earl of Hillsborough, his Majesty s principal Secretary 
 of State for North American affairs, dated the 22d of April last, 
 which your Excellency has thought fit to communicate. TWe have 
 also received the written answer which your Excellency was 
 pleased to give the committee of this House, directed to wait on 
 you the 29th instant, with a message, humbly requesting a recess, 
 that the members might be favored with an opportunity to consult 
 their constituents, at this important crisis, when a direct and per 
 emptory requisition is made, of a new and strange constructure, 
 and so strenuously urged, viz. that we should immediately rescind p 
 the resolution of the last House, to transmit circular letters to the ^-*T / 
 other British colonies on the continent of North America, barely 
 intimating a desire that they would join in similar dutiful and loy- 
 al petitions to our most gracious Sovereign, for. the redress of the 
 grievances occasioned by sundry late acts of Parliament calcula 
 ted for the sole purpose of raising a revenue in Ameri^gJ 
 
 We have most diligently revised, not only the said resolution, 
 but also the circular letter, written and sent in consequence thereof; 
 and after all, they both appear to us to be conceived in terms not 
 only prudent and moderate in themselves, but respectful to that 
 truly august body, the Parliament of Great Britain, and very dn- 
 
148 MASSACHUSETTS STATE PAPERS, 
 
 tiful and loyal in regard to his Majesty s sacred person, crown and 
 dignity 5 of all which, we entertain sentiments of the highest rev 
 erence and most ardent affection ; and should we ever depart from 
 these sentiments, we should stand self condemned as unworthy the 
 name of British subjects, descended from British ancestors, inti 
 mately allied and connected in interest and inclination with our 
 fellow subjects, the commons of Great Britain. We cannot but ex 
 press our deep concern, that a measure of the late House, in all 
 respects so innocent, in most, so virtuous and laudable, and as we 
 conceive, so truly patriotic, should have been represented to admin 
 istration in the odious light of a party and factious measure, and 
 that pushed through by reverting in a thin House to, and reconsid 
 ering, what in a full assembly, had been rejected. It was, and is a 
 matter of notoriety, that more than eighty members were present 
 at the reconsideration of the vote against application to the other 
 colonies. The vote for reconsideration was obtained by a large 
 majority. It is. or ought to be well known, that the presence of 
 eighty members makes a full House, this number being just double 
 that, by the royal charter ot the province, required to constitute the 
 third branch of our Colony Legislature. Your Excellency might 
 have been very easily informed, if you was not, that the measures 
 of the late House, in regard to sundry acts of the late Parliament, 
 for the sole purpose of raising a North American revenue, were 
 generally carried by three to one ; and we dare appeal to your Ex 
 cellency for the truth of this assertion, namely, that there were 
 many persons in the majority, in all views, as respectable as the 
 very best of the minority ; that so far from any sinister views, 
 were the committee of the late House, appointed and directed to 
 take into their most serious consideration, the then present state 
 of the province, from going into any rash or precipitate measures, 
 that they, for some days, actually delayed their first report, which 
 was a letter to Mr. Agent De Berdt, on this candid and generous 
 principle, that those who were reasonably presupposed to be most 
 warmly attached to all your Excellency s measures, especially 
 those for furthering, and, by all means, enforcing the acts for levying 
 the North American revenue, might be present, and a more equal 
 contest ensue. It would be incredible, should any one assert that 
 your Excellency wanted a true information of all these things, 
 which were not done, or desired to be hid in a corner, buj were no 
 toriously transacted in the open light, at noon day. {tis, to us, 
 altogether incomprehensible, that we should be require!!, on the 
 peril of a dissolution of the great and General Court, or Assembly 
 of this province, to rescind a resolution of a former House of Rep 
 resentatives, when it is evident, that resolution has no existence, 
 but as a mere historical fact. 
 
 Your Excellency must know, that the resolution referred to, is, to 
 speak in the language of the common law, not now "executory," 
 but , to all intents and purposes, { executed." The circular letters 
 
MASSACHUSETTS STATE PAPERS. 149 
 
 have been sent, and many of them have been answered ; those an 
 swers are now in the public papers 5 the public, the world, must 
 and will, judge of the proposals, purposes and answers. We could 
 as well rescind those letters as the resolves 5 and both would be 
 equally fruitless, if, by rescinding, as the word properly imports, 
 is meant a repeal and nullifying the resolution referred to. But, 
 if, as most probable, by the word rescinding, is intended a passing 
 a vote of this House, in direct and express disapprobation of the 
 measure above mentioned, as " illegal, inflammatory, and tending 
 to promote unjustifiable combinations against his Majesty s peace, 
 crown, and dignity," we must take the liberty to testify, and pub 
 licly to declare, that we take it to be the native, inherent, and in 
 defeasible right of the subject, jointly or severally, to petition the 
 King for the redress of grievances ; provided always, that the same 
 be done in a decent, dutiful, and constitutional way, without tu 
 mult, disorder, or confusion. Furthermore, we are also humbly, 
 but very clearly and very firmly of opinion, that the petition of the 
 late dutiful and loyal House to his Majesty, and their other very 
 orderly applications for the redress of grievances, have had the 
 most desirable tendencies and effects to keep men s minds in ease 
 and qufatTj We must be excused, in thinking that the people were, 
 in truth, patiently waiting for the meeting of a new Parliament, 
 and their measures, and his Majesty s pleasure ; and it is proba 
 ble, they would every where have thus waited the event, had it not 
 been revealed here, that the late provincial application for re 
 dress of grievances, were somehow, strangely obstructed, and the 
 province, in consequence of misinformation and misrepresentation, 
 most unfortunately fallen under the royal displeasure 5 and to 
 complete this misfortune, it was not only divulged to the other 
 colonies, but some of them actually received the information before 
 it was made known here, that the House had been accused to his 
 Majesty, or his ministers, or fallen under the displeasure of the 
 one, or the censure of the other. 
 
 On the whole, sir, we will consider his most sacred Majesty, 
 under God, as our King, and best protector, and common father, 
 and shall ever bear him true and faithful allegiance. 
 
 We also regard your Excellency as the representative of the 
 greatest potentate on earth ; and at all times have been, and shall 
 be, as far as was, or is, or could consist with the indefeasible pur 
 poses of preserving life, liberty and property, most ready and 
 willing, to treat youjvith all that respect, justly due to your high 
 rank and station. rSut we are constrained to say, that we are dis 
 agreeably convince!!^ that your Excellency entertains not that pa 
 ternal regard for the welfare of the good people of this province, 
 which you have sometimes been pleased to profess, and which 
 they have at all times, an irrefragable right to expect from their 
 Governor. Your Excellency has thought fit, not only to deny us 
 a recess, to consult our constituents in regard to the present re- 
 
150 MASSACHUSETTS STATE PAPERS. 
 
 quisition, but hath assured us, in effect, that you shall take silence^ 
 at least a delay, not as usual, for a consent, but for a denial. You 
 have also thought fit to inform us, that you cannot think yourseli 
 at liberty, in case of the dissolution of this, to call another Assem 
 bly, without the express orders of his Majesty, for that purpose ; 
 and at the same time, your Excellency lias been pleased to assure 
 us, that you have communicated the whole of Lord Hillsborou^h s 
 letfer, and your instructions, so far as relates to the requisition. 
 In all this, however, we cannot find, that your Excellency is more 
 than directed ,to dissolve the present Assembly, in case of a non- 
 compliance on the part of the House. If the votes of the House 
 are to be controlled by the direction of a minister, we have left us 
 Jbut a vain semblance of liberty. We know it to be the just prero 
 gative of the Crown, at pleasure to dissolve a Parliament 5 we are 
 also sensible, that, consistently with the great charter of this pro 
 vince, your Excellency, when you shall think fit, with or without 
 the intervention of a minister, can dissolve the great and General 
 Court of this colony, and that, without the least obligation to con 
 vene another within the year. (TBut, should it ever grow into use, 
 for any ill disposed Governor of the province, by means of a mis 
 taken or wilful wrong state of facts, to procure orders for a disso 
 lution, the same charter will be of no valife7J 
 
 We take this opportunity, faithfully to represent to you Excel 
 lency, that the new revenue acts and measures, are not only 
 disagreeable to, but in every view, are deemed an insupportable 
 burthen and grievance, with a very few exceptions, by all the free 
 holders and other inhabitants of this jurisdiction. And we, beg 
 leave, once for all, to assure your Excellency, that those of this 
 opinion, are of "no party, or expiring faction." They have, at 
 all times, been ready to devote their time and fortunes to his Ma 
 jesty s service. Of loyalty- this majority could as reasonably boast, 
 as any who may happen to enjoy your Excellency s smiles. Their 
 reputation, rank and fortune, are, at least, equal to those who may 
 have been sometimes considered as the only friends to good gov 
 ernment ; while some of the best blood in the colony, even in the 
 two Houses of Assembly, lawfully convened, and duly acting, 
 have been openly charged with the unpardonable crime of oppugn - 
 ation against "the royal authority." We have, now, only to in 
 form your Excellency, that this House have voted nbt to rescind, 
 as required, the resolution of the last House ; and that, on a di- 
 v vision on the question, there were ninety-two nays, and seventeen 
 V yeas. In all this, we have been actuated by a conscientious, and, 
 ^ finally, a clear and determined sense of duty to God, to our King, 
 our country, and our latest posterity ; and we most ardently wish, 
 and humbly pray, that in your future conduct, your Excellency 
 
 may be influenced by the same principles^) 
 
 [Governor Bernard prorogued the Gfeneral Court, the day the 
 House sent him the above message; and the next day, by procla 
 mation, dissolved it.] 
 
MASSACHUSETTS STATE PAPERS. 151 
 
 LETTER 
 
 SROM THE HOUSE OF REPRESENTATIVES, TO LORD H1LLSBOROUGH., 
 JUNE 30, 1763, 
 
 My Lord, 
 
 * t 
 
 His Excellency the Governor of this province, has been pleased * 
 to communicate to the House of Representatives, extiacts of a letter 
 lie had received from your Lordship, dated Whitehall, 22d of April, 
 1768 ; wherein it is declared to be the royal pleasure, that he should 
 require of them, in his Majesty s name, to rescind the resolution, 
 which gave birth to a circular letter from the Speaker of the last 
 House, and to declare their disapprobation of, and dissent to, that 
 rash and hasty proceeding. 
 
 The House are humbly of opinion, that a requisition from the 
 throne, of this nature, to a British House of Commons, has been 
 very unusual ; perhaps there has been no such precedent since the 
 revolution. If this be the case, some very aggravated representa 
 tions of this measure, must have been made to his Majesty, to induce 
 him to require of this House, to rescind a resolution of a formet 
 House, upon pain of forfeiting their existence. For, my Lord, the 
 House of Representatives, duly elected, are constituted by the roy 
 al charter, the representative body of his Majesty s faithful commons 
 of this province, in the General Assembly. Your Lordship is 
 pleased to say, that his Majesty considers this step " as evidently 
 tending to create unwarrantable combinations, and to excite an un 
 justifiable opposition to the constitutional authority of Parliament," 
 The House, therefore, thought it their indispensable duty, immedi 
 ately to revise the letter referred to ; and carefully to recollect as 
 far as they were able, the sentiments which prevailed in the House, 
 to induce them to revert to, and resolve on the measure. 
 
 It may be necessary to observe, that the people in this province 
 have attended, with a deep concern, to the several acts of the British 
 Parliament, which impose duties and taxes on the colonies ; riot for 
 the purpose of regulating the trade, but with the solp- i 
 
 jraisinff a, revenue. This concern, my Lord, so far from being lim- 
 iteH within the circle of a few inconsiderate persons, is become 
 universal. The most respectable for fortune, rank and station, as 
 well as probity and understanding, in the province, with very few 
 exceptions, are alarmed with apprehensions of the fatal consequen 
 ces of a power exercised in any one part of the British empire, to 
 command and apply the property of their fellow subjects at discre 
 tion. This consideration prevailed on the last House of Represen 
 tatives, to resolve on a humble, dutiful, and loyal petition to the 
 King, the common head and father of all his people, for his gracious 
 
f At* 
 ^"V " 
 
 MASSACHUSETTS STATE PAPERS. 
 
 interposition, in favor of his subjects of this province^ If your Lord 
 ship, whom his Majesty has honored with the American department, 
 has been instrumental in presenting a petition, so interesting to the 
 well being of his loyal subjects here, this House beg leave to make 
 their most grateful acknowledgments, and to implore your contin- 
 
 i ued aid and patronage. 
 
 \ As all his Majesty s North American subjects are alike affected 
 ky these parliamentary revenue acts, the former House very justly 
 supposed, that each of the Assemblies on the continent, would take 
 such methods of obtaining redress, as should be thought by them 
 respectively, to be regular and proper. And being desirous, that 
 * ne several applications should harmonize with each other, they re 
 solved on their circular letter ; wherein their only view seems to be, 
 to advertise their sister colonies of the measures they had taken 
 upon a common and important concern, without once calling upon 
 them to adopt those measures, or any other. 
 
 Your Lordship, surely, will not think it a crime in that House, 
 to have taken a step, which was perfectly consistent with the con 
 stitution ; and had a natural tendency to compose the minds of his 
 Majesty s subjects of this and his other colonies, until, in his royal 
 clemency, he should afford them relief, at a time, when it seemed to 
 be the evident design of a party, to prevent calm, deliberate, ra 
 tional and constitutional measures from being pursued ; or to stop 
 the distresses of the people from reaching his Majesty s ear, and 
 consequently to precipitate them into a state of desperation, and 
 melancholy extremity. Thus, my Lord, it appears to this House ; 
 and your Lordship will impartially judge, whether a representation 
 of it to his Majesty as a measure "of an inflammatory nature" 
 as a step evidently tending " to create unwarrantable combinations," 
 and, " to excite an unjustifiable opposition to the constitutional au 
 thority of the Parliament," be not injurious to the representatives 
 of this people, and an affront to his Majesty himself. 
 
 An attempt, my Lord, to impress your royal mind, with a jealousy 
 of his faithful subjects, for which there are no just grounds, is a 
 crime of the most malignant nature ; as it tends to disturb and de 
 stroy that mutual confidence between the Prince and the subjects, 
 which is the only true basis of public happiness and security ; your 
 Lordship, upon inquiry, may find that such base and wicked attempts 
 have been made. 
 
 It is an inexpressible grief to the people of this province, to find 
 repeated censures falling upon them, not from ministers of state 
 alone, but from majesty itself, grounded on letters and accusations 
 from the Governor, a sight of which, though repeatedly requested 
 of his Excellency, is refused. There is no evil of this life, which 
 they so sensibly feel, as the displeasure of their Sovereign. It is a 
 punishment, which they are assured, his Majesty would never inflict, 
 but upon a representation of the justice of it, from his servants, whom 
 
MASSACHUSETTS STATE PAPERS. 153 
 
 he Confides in. Your Lordship will allow the House to appeal to 
 your own candor, upon the grievous hardship of their being made to 
 suffer so severe a misfortune, without ever being called to answer 
 for themselves, or even made acquainted with the matters of charge 
 alleged against them : A right, which, by the common rules of so 
 ciety, founded in the eternal laws of reason and equity, they are 
 justly entitled to. The House is not willing to trespass upon your 
 patience. They could recite numbers of instances, since Governor 
 Bernard has been honored by his Majesty, to preside over this prov 
 ince, of their suffering the King s displeasure, through the instru 
 mentality of the Governor, intimated by the Secretary of State ? 
 without the least previous notice, that they had ever deviated from 
 the path of their duty. This, they humbly conceive, is just matter 
 of complaint, and it may serve to convince your Lordship, that his 
 Excellency has not that tender feeling for his Majesty s subjects, 
 which is characteristic of a good Governor, and of which the Sove 
 reign affords an illustrious example. 
 
 It is the good fortune of the House, to be able to show, that 
 the measure of the last House, referred to in your Lordship s 
 letter to the Governor, has been grossly misrepresented, in all its 
 circumstances. And it is matter of astonishment, that a transaction 
 of the House, the business of which, is constantly done in the open 
 view of the world, could be thus colored ; a transaction which, by 
 special order of the House, was laid before his Excellency, whose 
 duty to his Majesty is, at least, not to misinform him. 
 
 His Excellency could not but acknowledge, in justice to that 
 House, that moderation took place in the beginning of the session. 
 This is a truth, my Lord. It was a principle with the House, to 
 conduct the affairs of government in this department, so as to avoid 
 the least occasion of offence. As an instance of their pacific dispo 
 sition, they granted a further establishment for one of his Majesty s 
 garrisons in the province, rather to gratify his Excellency, who had 
 requested it, than from a full conviction of its necessity. But your 
 Lordship is informed, that this moderation " did not continue ;" and 
 that, " instead of a spirit of prudence and respect for the constitu 
 tion, w r hich seemed at that time to influence the conduct of a large 
 majority of the members, a thin House at the end of the session, 
 presumed to revert to, and resolve on a measure of an inflammatory 
 nature ;" that it was an "unfair proceeding" "contrary to the 
 real sense of the House ;" and " procured by surprise." My Lord, 
 the journals and minutes of the House will prove the contrary of all 
 this. And to convince your Lordship, the House beg leave to lay 
 before you, the several resolutions relating to these matters, as they 
 stand recorded. 
 
 The House having finished their petition to the King, and their 
 letters to divers of his Majesty s ministers ; a motion was regularly 
 made on the 21st of January ; which was the middle of the session, 
 20 
 
MASSACHUSETTS STATE PAPERS. 
 
 and a resolution was then taken, to appoint a time to consider the 
 expediency of writing to the Assemblies of the other colonies on this 
 continent, with respect to the importance of their joining with them, 
 in petitioning his Majesty at this time. Accordingly, on the day 
 assigned, there being eighty-two members present, a number always 
 allowed to be sufficient to make a full House, the question was de 
 bated ; in consequence of which, a motion took place, that letters 
 be wrote to the several Assemblies of the provinces and colonies 
 on the continent^ acquainting them, that the House had taken into 
 consideration, the difficulties to which they are, and must be reduced, 
 by the operation of the late acts of Parliament, for levying duties 
 and taxes on the colonies ; and have resolved on a humble, dutiful 
 and loyal petition to his Majesty, for redress ; and also upon proper 
 representations to his Majesty s ministers on the subject. And to 
 desire, that they would severally take such constitutional measures 
 thereupon, as they should judge most proper. And the question 
 upon the motion, passed in the negative. On Thursday, the 4th of 
 February, it was moved in the House, that the foregoing question 
 be considered, so far as to leave it at large ; and conformable to a 
 standing rule of the House, that no vote or order shall be reconsidered 
 at any time, unless the House be as full, as when such vote or order 
 was passed ; the number in the House was called for, and it appear 
 ing that eighty-two members were present,* the question was put, 
 and passed in the affirmative, by a large majority ; and by an imme 
 diately subsequent resolvej the first vote was ordered to be erased. 
 The same day, the resolution which gave birth to the circular letter, 
 took place, a question being regularly moved and fairly debated, 
 whether the House would appoint a committee to prepare a letter, to 
 be sent to each of the Houses of Representatives and Burgesses on 
 the continent, to inform them of the measures which this House has 
 taken, with regard to the difficulties arising from the acts of Par 
 liament for levying duties and taxes on the American colonies, and 
 report to the House, which passed in the affirmative ; and a com 
 mittee was appointed accordingly. This committee, after delibera 
 ting a week, reported the letter, which was read in the House, and 
 accepted,- almost unanimously ; and fair copies of the same were or 
 dered to be taken, for the Speaker to sign, and forward as soon as 
 might be. And this day, there were eighty-three members in the 
 House. 
 
 The day following, an order passed, that a fair copy of the letter 
 be transmitted to Dennis De Berdt, Esq. in London. The design 
 of which was, that he might be able to produce it, as necessity might 
 require, to prevent any misrepresentation of its true spirit and 
 design. , 
 
 * The same number as before. It is to be observed, that the House, at that time, consisted 
 of about one hundred and ten members. By the royal charter, forty makes a quorum* 
 Hence it appears, that eighty-two members are more than double the number, sufficiently le 
 gal, to transact business, and were then three quarters of the whole House. 
 
MASSACHUSETTS STATE PAPERS. 155 
 
 On Saturday, the 13th of February, in order that no possible oc 
 casion might be taken by the Governor, to think, that the debates 
 and resolutions were designed to be kept a secret from his Excel 
 lency, the House came to the following resolution, viz. : Whereas 
 this House hath directed, that a letter be sent to the several Houses 
 of Representatives and Burgesses of the British colonies on the con 
 tinent, setting forth the sentiments of this House, with regard to the 
 great difficulties that must accrue by the operation of divers acts of 
 Parliament, for levying duties and taxes on the colonies, with the 
 sole and express purpose of raising a revenue ; and their proceed 
 ings thereon, in a humble, dutiful, and loyal petition to the King, 
 and such representations to his Majesty s ministers, as they appre 
 hend, may have a tendency to obtain redress : And whereas it is 
 the opinion of this House, that all effectual methods should be taken, 
 to cultivate harmony between the several branches of this gov 
 ernment, as being necessary to promote the prosperity of his Majes 
 ty s government in this province ; Resolved, That a committee 
 wait on his Excellency the Governor, and acquaint him, that a copy 
 of the letter aforesaid, will be laid before him, as soon as it can be 
 drafted ; as well as of all the proceedings of this House, relative to 
 said affair, if he shall desire it. And a committee was appointed, 
 who waited on his Excellency accordingly. On Monday following, 
 the House resolved on the establishment already mentioned, which 
 is observed, only to shew your Lordship, that there was, at this time, 
 no disposition in the House, "to revive unhappy divisions and dis 
 tractions, so prejudicial to the true interest of Great Britain and the 
 colonies." 
 
 The House beg leave to apologize to your Lordship, for the trou 
 ble given you in so particular a narration of facts ; which they 
 thought necessary to satisfy your Lordship, that the resolution of 
 the last House, referred to by your Lordship, was not an unfair pro 
 ceeding, procured by surprise in a thin House, as his Majesty has 
 been informed ; but the declared sense of a large majority, when 
 the House was full : That the Governor of the province was made 
 fully acquainted with the measure ; and never signified his disap 
 probation of it to the House, which it is presumed, he would have 
 done, in duty to his Majesty, if he had thought it was of evil ten 
 dency : And, therefore, that the House had abundant reason to be con 
 firmed in their own opinion of the measure, as being the production 
 of moderation and prudence. And the House humbly rely on the 
 royal clemency, that to petition his Majesty will not be deemed by 
 him to be inconsistent with a respect to the BritisJi constitution, as 
 settled at the revolution, by William the Third : That to acquaint 
 their fellow subjects, involved in the same distress, of their having 
 done so, in full hopes of success, even if they had invited the union 
 of all America in one joint supplication, would not be discountenan 
 ced by our gracious Sovereign, as a measure of an inflammatory 
 
156 MASSACHUSETTS STATE PAPERS. 
 
 nature : That when your Lordship shall, in justice, lay a true state 
 ment of these matters before his Majesty, he will no longer consider 
 them as tending to create unwarrantable combinations, or excite an 
 unjustifiable opposition to the constitutional authority of the Parlia 
 ment : That he will then clearly discern, who are of that desperate 
 faction, which is continually disturbing the public tranquility ; and, 
 that while his arm is extended for the protection of his distressed 
 and injured subjects, he will frown upon all those, who, to gratify 
 their own passions, have dared even to attempt to deceive him ! 
 
 The House of Representatives of this province, have more than 
 once, during the administration of Governor Bernard, been under 
 a necessity of intreating his Majesty s ministers to suspend their 
 further judgment upon such representations of the temper of the 
 people, and the conduct of the Assembly, as they^were able to make 
 appear to be injurious. The same indulgence, this House now beg 
 of your Lordship ; and beseech your Lordship to patronize them so 
 far, as to make a favorable representation of their conduct to the 
 King our Sovereign ; it being^ the highest ambition of this House, 
 and the people whom they represent, to stand before his Majesty 
 in their just character, of affectionate and loyal subjects. 
 
 REPORT AND RESOLUTIONS 
 
 OF THE COUNCIL, JUNE 30, 1768. 
 
 THE committee appointed the 15th instant, to inquire into 
 the state of the province, made report, as follows, viz : 
 
 The committee appointed by the foregoing order, find, on in 
 quiry, that there is great uneasiness among the people of this 
 province, arising from the several causes referred to in the resolves 
 herewith presented ; which, with the unusual proceedings relative 
 to the seizure made in Boston, the 10th instant, gave occasion for 
 the tumultuous and unwarrantable assembling of a number of per 
 sons on the same evening, and the consequent disorders that took 
 place. 
 
 The committee have agreed upon the following resolves, to be 
 passed upon this occasion, by the two Houses, if they think proper, 
 and herewith humbly submit them to their consideration. 
 Jn the name of the committee, 
 
 JOHN ERVING. 
 
 Whereas there has been, for some time past, a general uneasi 
 ness among the people of this province, occasioned by the late act 
 of Parliament imposing duties upon sundry articles, for the purpose 
 of raising a revenue, as also by the appointment of a Board of 
 
MASSACHUSETTS STATE PAPERS. 157 
 
 Commissioners ; and the inhabitants of the province, by the act 
 and appointment aforesaid, having been drained of their money, 
 and greatly distressed in their trade and business ; and it being 
 apparent, that the money collected, has been applied for the in 
 creasing of officers, to a number, that has a very disagreeable aspect 
 on the future welfare of this people : 
 
 Resolved, That the two Houses will immediately take under 
 consideration, and make strict inquiry into all the grievances com 
 plained of as aforesaid ; and into the new and unprecedented pro 
 cedure of the custom house officers, with regard to the seizure 
 below mentioned ; and take such measures, and make such repre 
 sentations to his Majesty and his Parliament, as may tend to pro 
 cure the redress of said grievances. 
 
 And whereas, on Friday, the 10th instant, towards the evening, 
 a vessel was seized in Boston, by several of the officers of the 
 customs, and immediately after, upon a signal given by one of the 
 said officers, one or more armed boats from the Romney man of 
 war, took possession of her, cut her fasts, and carried her from 
 the wharf where she lay, into the harbor, alongside the Romney, 
 which occasioned a number of people to be collected, who, from the 
 violence and unprecedentedness of the procedure, with regard to 
 the carrying off said vessel, and the reflection thereby, upon the 
 inhabitants of the town, as disposed to rescue any seizure that 
 might be made, took occasion to insult and abuse said officers, and 
 afterwards to break some of the windows of their dwelling houses, 
 and commit other disorders, in disturbance of the peace of his 
 Majesty s subjects, and in breach of the good and wholesome laws 
 of this province : 
 
 Resolved, That, although the extraordinary circumstances attend 
 ing the said seizure, may in some measure, extenuate the crimi 
 nality of the riotous proceedings aforesaid ; yet being, notwith 
 standing, of a very criminal nature, and of dangerous consequence, 
 the two Houses do hereby declare their utter abhorrence and 
 detestation of them. And in order to bring the perpetrators to 
 justice ; 
 
 Resolved, That his Excellency the Governor be desired to direct 
 the Attorney General to prosecute all persons guilty of the riot 
 aforesaid ; or, that any way aided or abetted the same, to the end, 
 that they may be punished agreeably to law. And for discover 
 ing and detecting of the said rioters and their abettors, his Excel 
 lency the Governor, is hereby desired to issue forthwith, a procla^- 
 ination, offering a reward of to such person or persons, as 
 
 shall make such discovery, so as that said rioters and abettors 
 may be brought to condign punishment. 
 
 [The House of Representatives was engaged on some very in 
 teresting subject, when the above was sent down to tlrem, from 
 the Council, and did not admit the message. And the same day, 
 the House was prorogued, and the day following, dissolved ; so 
 that they never acted on the subject.] 
 
158 MASSACHUSETTS STATE PAPERS. 
 
 NOTE OF THE EDITOR. 
 
 [June 30, 1768, the day the General Court was prorogued, the 
 Council being in session, a committee of the Board was appointed, 
 composed of the following gentlemen : W. Brattle, J. Bowdoin, J. 
 Russell, T. Flucker, and R. Tyler, to consider the state of the 
 province, and to report what they should consider proper to be laid 
 before his Majesty, respecting the same. July 7th, Mr. Bowdoin, 
 from the aforesaid committee, reported the draft of an address to 
 the King, which was accepted ; and Governor Bernard was re 
 quested to forward the same to his Majesty s Secretary of State. 
 In this address, the Council state the services ar,d expenses of the 
 province, for many former years ; they complain of the acts of 
 Parliament, laying duties, as extremely burdensome, as the debt of 
 the province, incurred chiefly to pay the troops who had lately 
 joined with the British in defending, securing and extending his 
 Majesty s dominions, was very great. They declared their readi 
 ness to submit to all lawful authority; acknowledged their alle 
 giance, and professed their sincere loyalty to the King; and prayed 
 that the charter rights and privileges of the people might not be 
 wrested from them, on account of any representations made as to 
 their disaffection to the Crown, or opposition to constitutional 
 statutes.* Soon after this, the Council was convened by the Gov 
 ernor, when he stated to the Board, that a riot had taken place, in 
 which some of the officers of the customs were insulted, in conse 
 quence of their having seized a vessel belonging to a merchant of 
 Boston, on a suggestion of her having goods liable to impost, but 
 which there was an attempt to secrete, and thus avoid the payment 
 of duties. It will be seen above, in this volume, what were the 
 views and feelings of the Council, in reference to this affair. The 
 Council expressed their disapprobation of the riot, and declared 
 their readiness, in all regular and proper methods, to assist in bring 
 ing the authors of it to punishment. They, however, stated, that 
 the seizure of the vessel was attended with circumstances highly 
 insulting and irritating to the feelings of the citizens ; and gave it 
 as their opinion, that the officers of the customs would not have 
 been insulted, but for the unprecedented manner in which the 
 seizure was made ; which was by several barges of armed men, 
 from a British man of war, then lying in the harbor. The officers 
 of the customs, affected to believe, that they could not safely re 
 main in Bqston ; and they retired to the ship of war, lying near 
 the Castle, and afterwards to that fortress, then commanded by 
 British regular troops, where they remained for many weeks. 
 Considering the great irritation of the people, produced by recent 
 oppressive and arbitrary measures, they were, perhaps, liable for 
 
 * In November following, the Council forwarded a petition to Parliament, very similar, 
 iu its spirit and arguments, to the address before presented to the King;. 
 
MASSACHUSETTS STATE PAPERS. 159 
 
 a time, to some insults. But the Council uniformly appeared 
 ready to support the government and the laws, and decidedly ex 
 pressed their disapprobation of all riots. The subject was long in 
 agitation, between the Governor and Council. He endeavored to 
 bring them into the dilemma of justifying the conduct of the offi 
 cers of the customs, and interposing, directly, by an executive 
 act, for their protection, or of countenancing the riot which had 
 taken place, and being identified with those who meant to op 
 pose, forcibly and overtly, the King s authority. He endeavored, 
 by the letters he wrote to Lord Hillsborough, to have it believed 
 in England, that the latter was true; and that even the Council 
 was a factious, disorderly body, unwilling to support the authority 
 of government, and a ding the people in their opposition to the 
 laws. In their proceedings, however, they were temperate and 
 prudent, yet firm and judicious. They resisted the intrigues of 
 Governor Bernard, who strove to make them acquiesce in the ar 
 bitrary measures of the British ministry, and appealed to constitu 
 tional principles, as paramount to the temporary statutes of Par 
 liament, as well as to particular orders from the King s Privy 
 Council . Another important question was, at this period, discussed 
 by the Council of this province, in consequence of an application 
 from Governor Bernard, for quarters for two British regiments, 
 which were ordered here from Halifax, and two more from Ireland. 
 The Council consented, and advised that the two first be quar 
 tered in the barracks, at Castle Island ; and that the municipal 
 authority of the town of Boston, be consulted as to the other two 
 regiments. The Selectmen declined doing any thing on the sub 
 ject. The Governor then requested the Council to furnish quarters 
 for one regiment, in the Manufactory House, in Boston, belonging 
 to the province. The Council did not consent to the proposal, 
 assigning as a reason, for not complying, that the act of Parlia 
 ment, in relation to the subject, provided, that the regular troops 
 of the Crown should be placed in the public barracks ; and that 
 no military officer, nor even the civil executive, was competent to 
 oblige any town, or the Council, to furnish other quarters for them ; 
 and they expressed the opinion, that it belonged to the municipal 
 authority, and not to the Board, to decide as to the quartering the 
 troops in Boston. One regiment, however, was landed in Boston, 
 notwithstanding this opposition, both of the town and the Executive 
 Council of the province ; and the Governor, then demanded of 
 the Council, certain articles of provisions for the troops. The 
 Council advised, after some hesitation and delay, that the troops 
 be furnished with the articles needed, provided it were not done 
 at the particular expense of the province. This decision was not 
 pleasing to the Governor ; and he took occasion to represent the 
 conduct of the Council very unfavorably to the British ministers ; 
 and stated anew the imbecility of the executive, while thus com 
 posed of men chosen by the people in the province. To his state- 
 
 1 
 
160 MASSACHUSETTS STATE PAPER S. 
 
 ments, it was also, undoubtedly owing, that the administration 
 ordered so many regular troops to be sent and stationed here ; 
 whose presence was intended to awe the people into submission to 
 the arbitrary measures which had been adopted by Parliament, in 
 relation to the government of the colonies. In April, 1769, the 
 Council addressed a long letter to Lord Hillsborough, vindicating 
 their conduct, with reference, both to the riot, and quartering of 
 the British regulars.; in which they discovered their attachment to 
 the rights of the people, and their loyalty to the King ; and ex 
 posed the intrigues, and the misrepresentations of Governor Ber 
 nard. When a new General Court met in May, 1769, the follow 
 ing resolve was passed by the House of Representatives, expressing 
 their sense of the zeal and attention of the Council to the public 
 interest.] 
 
 Resolve of the House of Representatives, June 9 1769. 
 
 vCbe House having taken into consideration, certain copies of 
 letters, written by Governor Bernard, to the Karl of Hillsborough, 
 one of his Majesty s principal Secretaries of State, in November and 
 December last, and which were transmitted to the late Council, by 
 Mr. Bollan, and at the desire of the House, have been communicated 
 by the present Council ; in which letters, his Majesty s loyal sub 
 jects of this colony, in general, as well as his Majesty s Council, 
 are traduced, and represented in a most odious and unjust light to 
 his Majesty s ministersjjThe House, having also, carefully read 
 and considered the remarks which the Council has made thereon, 
 in their letters to his Lordship, copies of which have also been com 
 municated at the desire of the House : 
 
 Resolved, That the House do highly approve of, and have an en 
 tire satisfaction in the zeal and attention of the late Council to the 
 public interest, not only in thus vindicating their own character, 
 but guarding their country from meditated ruin, by truly stating 
 facts, and justly representing the duty and loyalty of this people, 
 at that critical time, when the Governor of the province" wantonly 
 dissolved the General Assembly, and arbitrarily refused to call 
 another, upon the repeated and dutiful petitions of the people. 
 
 LETTER 
 
 PROM D. DE BERDT, ESQ. AGENT FOR THE PROVINCE, IN ENGLAND, TO THE 
 SPEAKER OF THE HOUSE OF REPRESENTATIVES. 
 
 London, July 29, 1768. 
 
 SIR, 
 
 SINCE my last, (May 14th,) I have received nothing from you ; 
 but several interesting affairs have arisen, of which I thought it my 
 duty to acquaint the House, though of a disagreeable nature. 
 
MASSACHUSETTS STATE PAPERS. 161 
 
 I have lately bad a conference with Lord Hillsborough, relating 
 to your circular letter to the other provinces, which greatly dis 
 pleased the administration 5 some of whom, say it is little better 
 than an incentive to rebellion. But they look on it as the senti 
 ments of a party only, as it was rejected, in a full House, the be 
 ginning of the session, and taken up again at the end of it, when 
 the House was thin.* Though 1 can see nothing unjust or unrea 
 sonable in it, yet if some healing measures are not pitched upon, 
 consequences may be very serious. You have already, two regi 
 ments from New York, quartered upon you, and my Lord men 
 tioned another to be embarked ; and says, it has been resolved in 
 Council, that Governor Bernard have strict orders to insist upon 
 your revoking that letter ; and, if refused by the House, he was 
 immediately to dissolve them. Upon their next choice, he was 
 again to insist on it ; and, if then refused, he was to do the like ; 
 and as often as the case should happen. My Lord assured me of 
 his great regard for America 5 nay, said if I did not represent it so, 
 I should not do him justice. He wished nothing so much as a 
 good understanding between the colonies and mother country ; and 
 assured me, that before the warm measures taken on your side, 
 had come to their knowledge, he had settled the repeal of those 
 acts, with Lord North, the Chancellor; but the opposition you had 
 made, rendered it absolutely necessary to support the authority of 
 Parliament, which the ministry, at all events, are determined to 
 do. You may depend on my strictest attention to your interest 
 and affairs, whenever you please to give me any fresh instructions : 
 and if you think any thing further, necessary to be represented to 
 that noble Lord, who declares himself averse to any severe meas 
 ures, and thinks himself very unhappy that he has undertaken the 
 American department, when the affairs are in such convulsions. 
 He has condescended to assure me, that, whenever I have any 
 thing further to urge, I should have free access to him. 
 
 With great respect, yours, &c. D. DE BERDT. 
 
 LETTER 
 
 D. DE BERDT, ESQ. AGENT IN ENGLAND, TO THE SPEAKER OF THE 
 HOUSE OF REPRESENTATIVES, 
 
 London^ August 29, 1768. 
 
 I DULY received yours of the 3d of June, accompanying a 
 long letter from Lord Hillsborough, which I yesterday delivered 
 him, and which his Lordship will answer very soon, to which I re- 
 
 * The circular was sent in February > 1768, and will be found above, in this volume. A com- 
 mittee was chosen, February 4th, to prepare the circular , and reported one on the llth 
 %vhich was then adopted. 
 21 
 
MASSACHUSETTS STATE PAPERS. 
 
 fer you for his particular sentiments. I was with him a full hour, 
 talking over American affairs, which now seem to be under the 
 necessity of being regulated by Parliament, when they sit, it being 
 neither in the minister s power, nor even the King himself, to dis 
 pense with the laws, or revoke them. 
 
 CZ? e wno ^ e ministry seem united in this one point 5 then when a 
 law^asses the legislature, it becomes part of the constitution ; 
 and therefore not to be dispensed with or opposed. I wish, in all 
 your applications, you had left the matter of right out of question, 
 and only applied for a repeal of the laws, as prejudicial to the 
 colonies and mother country^ And my Lord assured me, he would 
 have used his interest for a repeal 5 and he believes he should have 
 obtained it, which now with him is a matter of doubt. 
 
 His Lordship is fully sensible of the mischief which will arise 
 from a breach with the colonies, and dreads the consequences. 
 He says laws must be supported, or we sink into a state of an 
 archy, which he thinks must be avoided at all events. 
 
 I mentioned the measure of sending troops to America, which 
 he said were about this time arrived. I expressed my fears that 
 some arbitrary transactions of the military might be a means of in 
 flaming the people. His Lordship assured me they had strict 
 orders to preserve the peace, and act in concert with the civil 
 magistrate ; and I might depend, no measures would be taken, but 
 what were entirely constitutional, and executed with as much len 
 ity as the law would admit. 
 
 I have given you, out of a tender regard for your welfare, a 
 summary of what passed with that minister, and doubt not your 
 prudence will make a proper use of it. 
 
 "With great respect, I am, &c. 
 
 D. DE BERDT. 
 
 LETTER 
 
 OF THE COUNCIL TO LORD HILLSBOROUGH, J.UNE 12, 1769. 
 
 My Lord, 
 
 THE President of the Council, (Mr. Danforth,) for the last 
 and the present year, having communicated to this Board, a copy 
 of a letter, dated April 15, 1769, sent to your Lordship, subscribed 
 by eleven gentlemen, being the major part of the members of the 
 Council, for the last year, in answer to six letters, wrote to your 
 Lordship, by Governor Bernard, dated November 1, 5, 12, 14, 30, 
 and Decemoer 5, 1768 They have unanimously resolved, that 
 they approve of the measures, taken by the major part of the mem 
 bers of the last year s Council, &c. , a copy of which resolves, we 
 
MASSACHUSETTS STATE PAPERS. 163 
 
 have the honor to inclose to your Lordship. As the gentlemen,, 
 who wrote that letter, have been so full and explicit in defending- 
 themselves and the province against the Governor s groundless and 
 injurious charges, we have the less reason to enlarge upon such a 
 disagreeable subject. However, my Lord, if it appears to us, that 
 there is any charge against the Council, in either of the aforemen 
 tioned letters, to which there has either been no answer, or if men 
 tioned, not so fully dilated upon, as the nature of the offence, with 
 which the Board are charged, does require, your Lordship will 
 indulge us the freedom, further to address you. 
 
 Permit us, then, my Lord, with all due deference to your Lord 
 ship s high rank and station, to animadvert with freedom, upon 
 some part of the Governor s aforementioned letters. 
 
 The Governor says, in one of his letters, " the Council is under 
 awe of their constituents, by the frequent removal of the friends of 
 government, &c." Aspersions of the like nature, are several times 
 cast upon the Council, in some of his other letters, which, for the 
 sake of avoiding prolixity, we shall not repeat. 
 
 My Lord, if our fondness, for a seat at the Board, could possibly 
 influence. us to vote and advise contrary to the real sentiments of 
 our hearts, the Governor s wanton exercise of power, in his fre 
 quent negatives, put upon Counsellors of the best abilities, either 
 because they differed from him, in their political sentiments, in 
 some instances, or from resentment to the House of Representa 
 tives, for dropping some of his friends, would have a much greater 
 influence upon us, to fall in with his measures, than any risk we 
 run from the honorable House, in what he calls supporting govern 
 ment. It being more in the power of a Governor to remove a 
 Counsellor, than it is in the House ; consequently, if we had any 
 great fondness for a seat at the Board, we should act inconsistently 
 with our political interest, to oppose the Governor in his measures. 
 But, my Lord, we can with great truth, say, that, while we have 
 had the honor to be members of his Majesty s Council, we have 
 endeavored to discharge a good conscience, and acted our part 
 with uprightness and integrity ; having never been awed into 
 undue conduct, either by the House or the Governor ; and the 
 Governor s insinuations to the contrary? are unkind, and without 
 foundation ; and unless we can act with the same freedom as usual., 
 we cannot esteem it an honor to be of that body. 
 
 That the Council have appeared, of late, more engaged in de 
 fending the rights of the province, than formerly, may be a fact, 
 which we have no disposition to controvert ; be that as it may, we 
 beg leave to observe, that it never was so much the incumbent duty 
 of the Council, as it was the last year, to defend the rights of the 
 people. For upon the dissolution of the General Court, the Gov 
 ernor and Council are, by charter, to manage the affairs of the 
 province ; so that the last year s Council had double duty devolv 
 ed on them. Therefore ? it was justly expected, that thoy should 
 
164 MASSACHUSETTS STATE PAPERS. 
 
 exert themselves in defence of the civil rights and liberties of the 
 people, though, at the same time, they did, and we hope we ever 
 shall, treat the Governor with that respect, that is due to the 
 King s representative. And your Lordship may depend upon it, 
 that the present Council will be as free to assert and maintain the 
 just prerogatives of the Crown, as to defend the rights of the 
 people. 
 
 We beg leave further to observe, my Lord, that the Governor, 
 in his letter, dated November the 1st, speaking of the address to 
 General Gage, says, " it was signed by fifteen of the Council, 
 among whom, were five who knew not enough of the town to vote 
 for the safety of the commissioners returning, but knew enough to 
 join in an invective against them." This observation of the Gov 
 ernor s, was, no doubt, made with a design to ridicule the conduct 
 of those gentlemen, and to represent their having acted an incon 
 sistent part. But, we cannot conceive, by what rules of logic he 
 can charge them with inconsistency. For, my Lord, may not the 
 gentlemen say with great propriety, as they were not inhabitants 
 of the town of Boston, but lived at a great distance from it, that 
 they knew not enough of the temper and disposition of the town to 
 say that it was safe for the commissioners to return ; and at the 
 same time, from the evidence they had of the commissioners be 
 haviour and conduct ever since they have been in office, join in 
 what the Governor calls an invective against them. For our part, 
 we can see no inconsistency in their conduct 5 for certainly the 
 commissioners haughty and insolent behavior may be such as to 
 expose them to the resentment of the people ; and yet, it does not 
 necessarily follow, that the people will offer the least insult or vio 
 lence to them. They may, or they may not ; and therefore, as it 
 was a matter of uncertainty, the five gentlemen might be well ex 
 cused from voting in favor of the safety of the commissioners 
 return. And the Governor s remark upon their conduct, shows 
 rather the defect of his reasoning, than any inconsistency in 
 them. 
 
 With a view to defeat the good ends proposed by the major part 
 of the last year s Council, in their petitions to the two Houses of 
 Parliament, and for other unjustifiable reasons, the Governor ac 
 quaints your Lordship, that he " cannot conceive, that all the per 
 sons who met at the several meetings, upon the occasion of 
 preparing the petitions, put together, amount to the number of 
 twelve ;" which he tells your Lordship made the majority of the 
 whole. And after insinuating, that, by a majority, might only be 
 meant four persons out of seven, who make a quorum of the Coun 
 cil, in his postscript, he gives your Lordship, what he calls a list 
 of the names of those members who passed upon the petitions ; 
 which, together, make no more than eight. We persuade ourselves, 
 my Lord, that you will not imagine, that the Council of last year 
 endeavored to impose on the two Houses of Parliament, by assert- 
 
MASSACHUSETTS STATE PAPERS. 165 
 
 ing their petitions to have been the doings of a major part, when 
 in fact they were not. Who furnished the Governor with the list 
 he mentions, we cannot say ; but we can take upon us to assure 
 you, my Lord, that the names of Lincoln, Brattle, Gray and Rus 
 sell, ought to have been inserted therein, they having also agreed 
 to the petitions ; who, with the eight persons in the Governor s 
 list, made the number twelve, being, as he mentions, a majority of 
 the whole. Z 
 
 This information will, among a multitude of other things, serve I 
 to convince your Lordship, that Governor Bernard has spared no 
 pains, to vilify the Council, and prevent the success of their appli 
 cations for the redress of the grievances, which the colonies labor 
 under ; and, that he never lost sight of his favorite object, the ob 
 taining of a Council by mandamus from the Crown. And the 
 Board are at a loss, how to reconcile his conduct with what he de 
 clares and promises to your Lordship, in his letter of the 30th 
 of November last; in which he says, "your Lordship may 
 depend upon it, that my informations have been, and shall be, 
 dictated by the spirit of truth and candor ;" when there is scarcely 
 any thing in either of his letters, but what is in direct opposition 
 to both. 
 
 It gives us the deepest concern, to find, by one of the resolutions, 
 passed by the Lords, and afterwards agreed to by the Commons, 
 that the Council of this province have been censured, as nqt exert 
 ing themselves, in suppressing riots. And, we are firmly persuaded, 
 that the Council would have escaped the displeasure of the two 
 Houses of Parliament, had it not been for the gross misrepresenta 
 tions of Governor Bernard, transmitted to your Lordship ; which, 
 we are constrained to say, we consider not only as extremely 
 cruel, with respect to the Council, but as an high imposition onj 
 your Lordship, and even Majesty itself. """"^ 
 
 You will allow us to say, my Lord, that no Council on the con 
 tinent, not even those appointed by the King, have a greater aver 
 sion to riots and disorders ; nor have any of them exerted them 
 selves more to suppress them, than his Majesty s loyal subjects, the 
 Council of Massachusetts Bay. 
 
 Had their conduct been truly represented, instead of censure, 
 they would have met with the highest approbation. And if those, 
 whose immediate business it is to suppress mobs and riots, (against 
 whom, no complaint has been exhibited by the Governor,) had done 
 their duty, some of the disorders might have been prevented. The 
 Council, my Lord, have now done with their observations on Gov 
 ernor Bernard s letters, and they doubt not, your Lordship will 
 consider what they have written, in answer to his charge, against 
 the Council, as equally applicable to what has been objected against 
 them, of the same nature, by his Excellency General Gage, in his 
 letter to your Lordship, of the 31st of October last ; on which we 
 shall only make this further remark, that the General being a 
 
166 MASSACHUSETTS STATE PAPERS. 
 
 stranger in the province, and but just arrived, could not possibly 
 speak from his own knowledge ; but must have received his account 
 of the people, and of the Council, in particular, from a quarter, 
 which it is needless to point out to your Lordship. 
 
 We will not further trespass on your Lordship s patience. In 
 truth, my Lord, our own is almost exhausted. The Council have 
 had such repeated occasions to observe upon, and lament the un 
 kind treatment of Governor Bernard towards the people, that the 
 subject has become extremely disagreeable to us. 
 
 We have only to add, that we apprehend it needful to acquaint 
 your Lordship that Samuel White, Esquire, one of the last year s 
 Council, dying between the passing of the petitions above referred 
 to, and the time of writing the letter to your Lordship, of the 15th 
 of April last, eleven, at the last mentioned time, made a majority 
 of the whole. 
 
 We have the honor to be, with great truth and regard, my Lord, 
 your Lordship s most obedient, and most humble servants, 
 
 S. DANFORTH, 
 President of the Council, and in their behalf. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR, 
 MAY 31, 1769, THE DAY OF GENERAL ELECTION. 
 
 May it please, your Excellency, 
 
 THE great General Court, or Assembly of this province, being 
 once more convened by virtue of the authority with which you are 
 invested by the royal charter ; the House of Representatives think 
 it their indispensable duty, under the present aspect of affairs in 
 the province, on their part, to claim that constitutional freedom 
 which is the right of this Assembly, and is of equal importance 
 with its existence. 
 
 We take this opportunity to assure your Excellency, that it is 
 the firm resolution of this House, to promote, to the utmost of their 
 power, the welfare of the subject, and support his Majesty s author 
 ity within this jurisdiction ; to make a thorough inquiry into the 
 grievances of the people, and have them redressed ; to amend, 
 strengthen, and preserve the laws of the land ; to reform illegal 
 proceedings in administration, and support the public liberty. 
 These are the great ends for which this Court is assembled. 
 FA resolution so important, demands a parliamentary freedom in 
 me"" debates of this Assembly. We are therefore constrained, thus 
 early, to remonstrate to your Excellency, that an armaihent by sea 
 
MASSACHUSETTS STATE PAPERS. 167 
 
 and land, investing this metropolis, and a military guard, with 
 cannon pointed at the very door of the state house, where this As 
 sembly is held, is inconsistent with that dignity, as well as that 
 freedom, with which we have a right to deliberate, consult and 
 determine. 
 
 The experience of ages is sufficient to convince, that the mili 
 tary power is ever dangerous, and subversive of free constitutions. 
 
 The history of our own nation affords instances of Parliaments, 
 which have been led into mean and destructive compliances, even 
 to the surrendering their share in the supreme legislative, through 
 the awe of standing armies. 
 
 His Majesty s Council of this province, have publicly declared, 
 that the military aid is unnecessary for the support of civil authori 
 ty in the colony. Nor can we conceive that his Majesty s service 
 requires a fleet and army here, in this time of the most profound 
 peace. 
 
 We have a right to expect, that your Excellency will, as his 
 Majesty s representative, give the necessary and effectual orders, 
 for the removal of the above mentioned forces, by sea and land, . 
 out of this port and the gates of this city, during the session of 
 the said Assembly. 
 
 [The committee who prepared this message, were J. Otis, Capt> 
 Sheafe, S. Adams, Major Hawley, and T. Gushing.] 
 
 PROTEST ANT! HESOLUTIOlSrS 
 
 OF THE HOUSE OF REPRESENTATIVES, MAY 31, 1769, PREVIOUSLY TO THEIR 
 ENTERING ON THE BUSINESS OF THE ELECTIONS, REPORTED BY THE 
 COMMITTEE WHO PREPARED THE FOREGOING MESSAGE. 
 
 WHEREAS their late Majesties, King William and Queen Mary, 
 in the third year of their reign, did, by their royal charter, ordain 
 and grant for themselves, their heirs and successors, that on the 
 last Wednesday, in the month of May, every year, there should be 
 convened, held and kept by the Governor of this province, for the 
 time being, a great and General Court or Assembly, for such im 
 portant purposes as in the royal charter are expressly mentioned. 
 And in the said charter it is particularly established and ordain 
 ed, that yearly, once in every year, forever thereafter, the num 
 ber of eight and twenty Counsellors or Assistants shall be, by the 
 General Court, newly chosen ; which election of Counsellors or 
 Assistants by the General Assembly, as well as the election of a 
 Speaker and Clerk of the House of Representatives, by said House, 
 have been always made, on the said last Wednesday in May, an 
 nually. 
 
168 MASSACHUSETTS STATE PAPERS, 
 
 And whereas the said great and General Court or Assembly is 
 now convened by the authority of his Majesty, according to the 
 Sj^iiL-royal charter : 
 
 J Resolved, That this House, as one branch of the same, in duty 
 and loyalty to his Majesty, as well as in regard to their own just 
 rights and privileges, will, to the utmost of their power, support and 
 maintain a constitutional freedom in their elections, debates and 
 determinations. 
 
 Resolved, As the opinion of this House, that the keeping an 
 armed force by sea and land in this metropolis, and in the port of 
 the same, while the General Assembly by his Majesty s command 
 is here convened, is a breach of privilege ; and inconsistent with 
 that dignity and freedom with which they have a right to deliberate, 
 consult and determine. 
 
 Resolved, That this House proceed to take their part in the elec 
 tions of the day, from necessity, and in strict conformity to the 
 royal charter ; having before claimed their constitutional freedom, 
 and now protesting, that their thus proceeding, while the above 
 mentioned forces are suffered to remain in the metropolis where 
 this Court is convened, is to be considered as a precedent in any 
 time hereafter, or construed as a voluntary receding of this House 
 from their constitutional claim. 
 
 MESSAGE 
 
 FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 MAY 31, 1769. 
 
 Gentlemen, 
 
 QI HAVE no authority over his Majesty s ships in this port, or 
 is troops in this town ; nor can I give any orders for the removal 
 f the same. FRA. BERNARD. 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
 REPRESENTATIVES, JUNE 1, 1769. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 As I have nothing in immediate command from his Majesty to 
 lay before you, I shall at present only recommend to you to give 
 your earliest attention to the business of the province. This is got 
 
MASSACHUSETTS STATE PAPERS. 169 
 
 into such an arrear, that it will require the utmost diligence to get 
 it done within the usual time generally allotted to this session. 
 What I shall have to point out to you, will be communicated by 
 
 separate messages. 
 
 I shall be ready to concur with you, in all measures proposed for 
 the good of the people, that are consistent with the invariable rule 
 I have laid down, of not departing from the duty I owe to the King. 
 The service of the Crown and the interest of the people are objects 
 very compatible with each other ; they must be so under a Mon 
 arch, who makes the general welfare of all his subjects the sole 
 end of his government. It shall not be my fault, if this coalition 
 of duties is not as apparent as it is real. FRA. BERNARD. 
 
 [The Governor objected to the following gentlemen, chosen 
 Counsellors, viz. T. Brattle, J. Bowdoin, J. Gerrish. T. Saunders, 
 J. Hancock, A. Ward, B. Greenleaf, Col. Otis, J. Bowers, J. Hen- 
 shaw, and W. Spooner.] 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR S MESSAGE, 
 
 MAY 31, 1769.... JUNE 13. 
 
 May it please your Excellency, $\\ 
 
 THE House of Representatives have duly considered your 
 message of the 31st of May, and are sorry to find your Excellency 
 declaring, that you " have no authority over his Majesty s ships in 
 this port, or his troops within this town ; and that jou can give no 
 orders for the removal of the same." 
 
 We clearly hold, that the King s most excellent Majesty, to 
 whom we have, and ever shall bear, and, since the convening of 
 this present Assembly, we have sworn true and faithful allegiance, 
 is the supreme executive power through all the parts of the British 
 empire ; and we are humbly of opinion, that, within the limits of 
 this colony and jurisdiction, your Excellency is the King s Lieu 
 tenant and Captain General and Commander in Chief, in as full 
 and ample a manner, as is the Lord Lieutenant of Ireland, or any 
 other his Majesty s Lieutenants, in the dominions to the realm of 
 Great Britain appertaining. 
 
 From thence, we think, it indubitably follows, that all officers, 
 civil and military, within this colony, are subject to the order, di 
 rection and control of your Excellency, so far at least, as is neces 
 sary for the safety of the people and the security of the privilege 
 of this House, as they are to the King s Majesty within the realm. 
 And though we admit, that peace and war are in the King s hand, 
 and that it is an indisputable part of the royal prerogative, neces- 
 
170 MASSACHUSETTS STATE PATERS. 
 
 sary for the preservation of the Commonwealth, as all other well 
 grounded prerogative powers are That to destine the fleets? 
 and march the armies of the state to any part of the world, where 
 they may be necessary for the defence and preservation of the 
 society, belongs to the Crown ; yet it is impossible to believe, that 
 a military power, or a standing army, procured and stationed here, 
 in consequence of misrepresentations of the duty and loyalty of 
 his Majesty s subjects of the province, and suddenly quartered, 
 not only contrary to act of Parliament, and to every principle of 
 reason, justice and equity, but accompanied with every mark of 
 contempt, reproach and insult, to as brave and loyal a people as 
 ever served a Prince, can be uncontrolable by the Supreme Execu 
 tive of the province ; which, within the limits of the same, is the 
 just and full representative of the Supreme Executive of the whole 
 empire. 
 
 It is well known, that it is no uncommon thing for disturbances 
 to happen in populous cities ; and such as have unfortunately taken 
 place in this province, have been greatly misrepresented. We 
 have not only been told of, but all parts of the empire have been 
 alarmed with apprehensions of danger to his Majesty s government, 
 in North America, in general, and this province in particular, by 
 reason of the most exaggerated accounts of certain disturbances, 
 which, however, have, in every instance, been far, very far, from 
 being carried to that atrocious and alarming length, to which many 
 have been in Britain, at the very gates of the palace, and even in 
 the royal presence. 
 
 It is most certain, that every subject has a right to have the 
 rules of his duty, obedience and allegiance, clearly defined and de 
 termined. Hence it may be inferred, that very miserable is the ser 
 vitude of those, who know not whether they are subject to an ab 
 solute power, civil or military, or both ; as may most effectually 
 prosper the machinations and fulfil the purposes of despotism. It 
 must be obvious to all jurists, and to every man endued with an or 
 dinary understanding, that the doctrine your Excellency has been 
 pleased to advance, in your answer to the message of the House, 
 involves us in that state, which is called, by the learned, imperium 
 in imperio, or at least establishes a military power here, uncontrol 
 able by any civil authoritv in the province. 
 
 It has been publicly said, that the military power is become ne 
 cessary in this colony, to aid and support civil government, for 
 which we have no less authority than the resolutions of the two 
 Houses of Parliament, and the declaration of one of his Majesty s 
 principal Secretaries of State. The use of the military power to 
 enforce the execution of the laws, is, in the opinion of this House, 
 inconsistent with the spirit of a free constitution, and the very na 
 ture of government. Nor can there be any necessity for it ; for the 
 body of the people, the posse comitatus, will always aid the magis 
 trate in the execution of such laws as ought to be executed. The 
 
MASSACHUSETTS STATE PAPERS. 171 
 
 very supposition of an unwillingness in the people in general, that 
 a law should be executed, carries with it the strongest presumption, 
 that it is an unjust law ; at least, that it is unsalutary. It cannot 
 be their law ; for, by the nature of a free constitution, the people 
 must consent to laws, before they can be obliged, in conscience, to 
 obey them. In truth, no law, however grievous, has been opposed 
 in the execution of it, in this province ; and yet, a military power 
 is sent here, purposely to aid in the execution of the laws. And 
 what adds to the injustice of those who procured this armament, is, 
 that it was procured at the very time when the people were duti 
 fully supplicating the throne for redress of grievances, occasioned 
 by acts of Parliament, for the purpose of raising a revenue in 
 America. We think we can infer, from your Excellency s declara- 
 tion, that this military force is uncontrolable by any authority in 
 the province. It is, then, a power without any check here ; and 
 therefore so far absolute. An absolute power, which has the 
 sword constantly in its hand, may exercise a vigorous severity 
 whenever it pleases. What privilege, what security, is then left 
 to this House, whose very existence, to any purpose, depends upon 
 its privilege and security. Nothing remains in such a state, if no 
 redress can be had from the King s Lieutenant in the province, 
 but that the oppressed people unite in laying their fervent and 
 humble petition before their gracious Sovereign. 
 
 [The committee appointed to reply to the Governor s Message 
 of May 31, were Col. Otis, Mr. J. Otis, Mr. Adams, Gen. Prebble, 
 Maj. Hanley, Mr. Hancock, and Col. Warren.] 
 
 MESSAGE 
 
 FROM GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES, IN 
 REPLY TO THE FOREGOING, JUNE 15, 1769. 
 
 Gentlemen of the House of Representatives, 
 
 NOTWITHSTANDING the doubts and difficulties which you have 
 expressed to me in your message of yesterday, it is certain that 
 I have no authority to give orders for the removal of the King s 
 ships out of the harbor, or his troops out of the town. Whoever is 
 acquainted with the arrangement of the commands in America, 
 which are all derived from the same King, knows that it is so. 
 
 I am sorry that this question should cause the non activity of 
 the Assembly for an entire fortnight ; the expense of which has 
 already cost the province upwards of five hundred pounds lawful ; 
 and is, for what I can see, still increasing; besides, the inconve 
 nience accruing to persons attending the General Court for business. 
 
172 
 
 MASSACHUSETTS STATE PAPERS. 
 
 which falls harder upon them as individuals, than expenses gen 
 erally dispersed among the people. 
 
 I cannot sit still and see such a waste of time and treasure to no 
 purpose. If, therefore, you still continue of the opinion, "that the 
 keeping an armed force in this town, and within its harbor, is a 
 breach of privilege, and inconsistent with that freedom with which 
 you have a right to deliberate, consult and determine," I must ap 
 ply such remedy as is in my power to remove this difficulty ; and 
 the only means I have, are to move the General Court to a place 
 where it cannot operate. 
 
 It is an indifferent thing to me where the General Court is held. 
 I know not that it is necessarily confined to any town ; that town 
 seems to me to be the most proper for it, where the business can 
 be most conveniently, easily and readily done. And as it is appar 
 ent, from your resolutions, and a fortnight s experience, that you 
 do not think that this is, at this time, a proper town for the Gen 
 eral Court to sit in, I shall remove it to Cambridge, against which 
 place, no objection, that I know of, can be formed. 
 
 FRA. BERNARD. 
 
 [The General Court was adjourned to Cambridge.] 
 
 MESSAGE 
 
 FROM THE HbUSE OF REPRESENTATIVES, TO THE GOVERNOR, 
 JUNE 19, 1769. 
 
 May it please your Excellency, 
 
 [As you have not thought proper, in your reply to the message 
 of this House, of the 13th instant, to throw any light on the sub 
 ject, or invalidate the principles we therein advanced, your Excel 
 lency will allow jus to conclude, that those principles were well 
 grounded, and that there is no reason for us to alter our sentiments 
 on this interesting point. 
 
 You are pleased to intimate, that much time and treasure has 
 been spent in determining a merely speculative question. [The 
 House regard a standing army, posted within the province, in a 
 time of the most profound peace, and uncontrolable by any authority 
 in it, as a dangerous innovation ; and a guard of soldiers, with 
 cannon planted at the doors of the State House, while the Gen 
 eral Assembly was there held, as the most pointed insult ever of 
 fered to a free people, and its whole Legislative. This, sir, and 
 not the question of your Excellency s authority to remove his 
 Majesty s ships out of the harbor, or his troops out of the town of 
 Boston, was the principal cause of the " non activity of the 
 
MASSACHUSETTS STATE PAPERS. 17J 
 
 Assembly." Had your Excellency felt for the Assembly, and 
 the people over whom you preside, even though you had sup 
 posed yourself not properly authorized, you would have em 
 ployed vour influence, at least, for the removal of this grievance ; 
 especially as his Majesty s Council, as well as this House, had be 
 fore expressed to your Excellency their just indignation at so un 
 precedented an affront. But, instead of the least abatement of 
 this military parade, the General Assembly has been made to, give 
 way to an armed force, as the only means in your power to remove 
 the difficulty we justly complained of. Your Excellency has ordered 
 a removal of the General Assembly itself, from its ancient seat 
 and place, where the public business has generally been done with 
 the greatest convenience, ease and despatch. It is with pain, that 
 we are obliged here to observe, that the very night after this ad 
 journment was made, the cannon were removed from the Court 
 House, as though it had been designed, that so small a circum 
 stance of regard should not be paid to the Assembly, when con 
 vened by the royal authority, and for his Majesty s service in the 
 colony. 
 
 You are pleased to pass a censure upon this House, in saying, 
 that " you cannot sit still and see such a waste of time and trea 
 sure to no purpose." Those alone are answerable for any expense 
 of time and treasure on this occasion, who have brought us into 
 such a situation, as has hitherto rendered our proceeding to busi 
 ness incompatible with the dignity, as well as the freedom of this 
 House. No time can better be employed, than in the preservation 
 of the rights derived from the British constitution, and insisting 
 upon points, which, though your Excellency may consider them as 
 non essential, we esteem its best bulwarks. No treasure can be 
 better expended, than in securing that true old English liberty, 
 which gives a relish to every other enjoyment. These, we have, the 
 satisfaction to believe, are the sentiments of our constituents, to 
 whom alone we are accountable how we apply their treasure ; and 
 we are fully persuaded, from what we have already heard, that, 
 notwithstanding the apparent design of your message to prejudice 
 their minds against us, what your Excellency is pleased to call our 
 " non activity," will receive their approbation, rather than their 
 censure ; for an entire fortnight^ spent in silence, or a much longer 
 time, cannot be displeasing to them, when business could not be 
 entered upon, but at the expense of their rights and liberties, andj 
 the privilege of this House. ""* 
 
 {The committee who reported the above, were the Speaker, Mr. 
 Adams, Capt. Sheafte, Col. Otis, Mr. Hancock, Capt. Fuller, and 
 Mr. Porter. 1 
 
174 MASSACHUSETTS STATE PAPERS. 
 
 RESOLUTIONS 
 
 OF THE HOUSE OF REPRESENTATIVES, JUNE 21, 1769. 
 
 WHEREAS this House did, on the first day of the present ses 
 sion of the General Assembly, take into serious consideration the 
 unhappy situation of this colony, by reason of a military force, 
 procured and stationed here, in consequence of gross misrepre 
 sentations of his Majesty s loyal subjects of this colony; and did 
 then remonstrate to his Excellency the Governor, " that an arma 
 ment by sea and land, investing the metropolis where this Court 
 was convened and held, and a main guard kept, with cannon point 
 ed at the very doors of the State House, was inconsistent with the 
 dignity and freedom of this House :" And whereas his Excellency 
 was pleased, in answer, to declare, " that he had no authority over 
 his Majesty s ships in the harbor, and the troops in the town of 
 Boston, and could give no orders for the removal of the same :" 
 And instead of the grievance being redressed, this Assembly, itself, 
 has been made to give way to the said armed forces, by his Ex 
 cellency s adjournment of the said Assembly, from its usual and 
 ancient place, to Harvard College, in Cambridge : And whereas 
 this House has reason to apprehend that it has been, and still is, 
 the endeavor of persons, inimical to our happy constitution, to 
 have a military power, independent of, and uncontrolable by, any 
 civil authority within this colony, established here : 
 
 Resolved, That this House will, at all times, to the utmost of 
 their power, maintain the honor and dignity of our rightful and gra 
 cious Sovereign, and promote his Majesty s service in this juris 
 diction, as well as support the just rights and liberties of the peo 
 ple, their own dignity, and the constitutional freedom of their 
 dejjates and consultations. 
 
 vResolved, As, the opinion of this House, that the British consti 
 tution admits of no military force within the realm, but for the pur 
 poses of offensive and defensive war ; and, therefore, that the 
 . sending and continuing a military force within this colony, for the 
 Jjj express purpose of aiding and assisting the civil government, is an 
 infraction of the natural and constitutional rights of the people, a 
 breach of the privilege of the General Assembly, inconsistent with 
 that freedom with which this House, as one branch of the same, 
 hath a right, and oug..t to debate, consult and determine, and man 
 ifestly tends to the subversion of that happy form of government, 
 which we have hitherto enjoyed. 
 
 Resolved, That the proceeding of this House to the public busi 
 ness of the colony, while a military force, for the purpose of aiding 
 the civil authority, is quartered within the same, and declared to 
 be uncontrolable by his Majesty s Lieutenant in this colony, is from 
 necessity ; and is not to be considered as a precedent, at any time 
 
MASSACHUSETTS STATE PAPERS. 175 
 
 hereafter, or construed as a voluntary receding of this House, from 
 any of those constitutional rights, liberties and privileges, which 
 the people of this colony, and their representatives, in General 
 Court assembled, do hold, and of right ought to enjoyTl 
 
 MESSAGE 
 
 OF GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES, 
 JUNE 21, 1769. 
 
 Gentlemen of the House of Representatives, 
 
 WHEN, at the opening of the session, I recommended to you to 
 give your earliest attention to the business of the province, I did 
 not think that there was any occasion to specify the particulars of 
 such business, as they must occur to you as readily as to me. 
 
 However, lest this omission should be made use of as an excuse 
 for your inactivity, ancLas you have now catered into your fourth 
 week, without having^done any thing at all, 1 shall now capitulate 
 tlie^prnrclpal articlesof the public Business, which have hitherto 
 waited for your notice. 
 
 They are, 1st, the support of the government ; 2d, the supply 
 of the treasury ; 3d, the providing for the payment of the provin 
 cial debt, which now amounts to one hundred and five thousand 
 pounds ; 4th, the tax bill ; 5th, the impost bill ; 6th, the excise bill, 
 if thought proper ; 7th, the establishment for forts and garrisons ; 
 8th, the continuation of the truck trade ; 9th, the continuation or 
 revival of expiring or expired laws, &c. 
 
 All these several matters, and such others of the ordinary busi 
 ness as I may have omitted, I now recommend to your immediate 
 consideration. Such assistance as I can give you, especially in re 
 moving doubts or difficulties which may attend any of the said 
 business, I shall be ready to aftbrd you, so far as is consistent with 
 my duty. FRA, BERNARD, 
 
 MESSAGE 
 
 PROM GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVE?, * ft 4- 
 
 JUNE 28, 1769. / &W&& ** 
 
 Gentlemen of the House of Representatives, >4 W^A 
 
 I THINK it proper to inform you, that his Majesty has been 
 pleased, by his sign manual, to signify to me his will and pleasure, 
 that I repair tQ Great Britain, to lay before him the state of this r 
 
176 MASSACHUSETTS STATE PAPERS. 
 
 province ; and lias also, by his Secretary of State, given directions 
 for the administration of this government, during my absence. 
 
 Upon this occasion, I think it necessary to communicate to you 
 the 53d of his Majesty s instructions, whereby he orders, that when 
 the Governor shall be absent from the province, one moiety of the 
 salary, and the perquisites and emoluments, which would other 
 wise be due to the Governor, shall, during his absence, be paid to 
 the Lieutenant Governor, for his maintenance, and for the support 
 of the dignity of the government. 
 
 I have always considered the grant of the salary appointed to 
 me, to be subject to this instruction, although it was not so ex 
 pressed in the act ; and I have no objection at the present time, 
 when the absence of the Governor is foreseen, that the grant of the 
 salary shall be expressed to be subject to this instruction. 
 
 ^nd I must, at the same time, observe to you, that as I am or 
 dered to attend his Majesty, as Governor of this province, and am 
 made to understand that I am to be continued in that office, and 
 am instructed for the appropriation of the salary, whilst I am ab 
 sent from the province, there is the same reason for the grant of 
 the salary now, as there has been at any other time. I must, 
 therefore, desire that, according to his Majesty s 49th instruction, 
 suchgrant may be made to precede the other business of the ses- 
 sionTj FRA. BERNARD. 
 
 RESOLVES 
 
 OF THE HOUSE OF REPRESENTATIVES, JUNE 29, 1769s 
 
 THE General Assembly of this, his Majesty s colony of the 
 Massachusetts Bay, convened by his Majesty s authority, and by 
 virtue of his writ issued by his Excellency the Governor, under the 
 great seal of the province ; and this House, thinking it their duty, 
 at all times, to testify their loyalty to his Majesty, as well as their 
 inviolable regard to their own and their constituents rights, liber 
 ties and privileges, do pass the following resolutions, to be entered 
 on their journal. 
 
 Resolved, That this House do, and ever will bear the firmest alle 
 giance to our rightful Sovereign, King George the Third ; and are 
 ever ready, with their lives and fortunes, to defend his Majesty s 
 person, family, crown and dignity. 
 
 Resolved, As the opinion of this House, " that the sole right of 
 imposing taxes on the inhabitants of this, his Majesty s colony of 
 the Massachusetts Bay, is now, and ever hath been, legally and. 
 constitutionally vested in the House of Representatives, lawfully 
 convened, according to the ancient and established practice, with 
 the corvsent of the Council, and of his Majesty, the King of Great 
 Britain, or his Governor for the time being." 
 
MASSACHUSETTS STATE PAPERS. 177 
 
 Resolved, As the opinion of this House, that it is the indubitable 
 right of the subjects in general, and consequently of the colonists, 
 jointly or severally to petition the King for redress of grievances ; 
 and that it is lawful, whenever they think it expedient, to confer 
 with each other, in order to procure a joint concurrence, in dutiful 
 addresses, for relief from common burthens. 
 
 Resolved, That Governor Bernard, by a wanton and precipitate 
 dissolution of the last year s Assembly, and refusing to call another, 
 though repeatedly requested by the people, acted against the spirit 
 of a free constitution ; and if such procedure be lawful, it may be 
 in his power, whenever he pleases, to render himself absolute. 
 
 Resolved, That a general discontent, on account of the revenue 
 acts, an expectation of the sudden arrival of a military power, to 
 enforce the execution of those acts, an apprehension of the troops 
 being quartered upon the inhabitants, when our petitions were not 
 permitted to reach the royal ear, the General Court, at such a 
 juncture, dissolved, the Governor refusing to call a new one, and 
 the people, reduced almost to a state of despair, rendered it highly 
 expedient and necessary for the people to convene by their com 
 mittees, associate, consult and advise the best means to promote 
 peace and good order 5 to present their united complaints to the 
 throne, and jointly to pray for the royal interposition in favor of 
 their violated rights. Nor can this procedure possibly be illegal, 
 as they expressly disclaimed all governmental acts. 
 
 Resolved, As the opinion of this House, that Governor Bernard, 
 in his letters to Lord Hillsborough, his Majesty s Secretary of 
 State, has given a false and highly injurious representation of the 
 conduct of his Majesty s truly loyal and faithful Council of this 
 colony, and of the magistrates, overseers of the poor, and inhabit 
 ants of the town of Boston, tending to bring on those respectable 
 bodies of men, particularly on some individuals, the unmerited 
 displeasure of our gracious Sovereign 5 to introduce a military gov 
 ernment, and to mislead both Houses of Parliament into such se 
 vere resolutions, as a true, just and candid state of facts must 
 have prevented. 
 
 Resolved, That Governor Bernard, in the letters before men 
 tioned, by falsely representing that it was become " necessary the 
 King should have the Council Chamber in his own hands,"^ and 
 should be enabled, by Parliament, to supersede by order, in his 
 Privy Council, commissions granted in his name, and under his 
 seal, throughout the colonies," has discovered his enmity to the 
 true spirit of the British constitution, to the liberties of the colo 
 nies ; and has struck at the root of some of the most invaluable 
 constitutional and charter rights of this province 5 the perfidy of 
 which, at the very time he professed himself a warm friend to the 
 charter, is altogether unparalleled by any in his station, and ought 
 never to be forgotten. 
 23 
 
.. 
 J^ \v*A 
 
 
 
 178 MASSACHUSETTS STATE PAPERS. 
 
 Resolved, That the establishment of a standing army, in thi& 
 colony, in a time of peace, without the consent of the General As- 
 sem kly f the same !> is an invasion of the natural rights of the 
 people, as well as of those which they claim as free born English- 
 men, confirmed by magna charta, the bill of rights, as settled at the 
 revolution, and by the charter of this province. 
 
 Resolved, That a standing army is not known as a part of the 
 British constitution, in any of the King s dominions; and every 
 attempt to establish it has been esteemed a dangerous innovation, 
 manifestly tending to enslave the people. 
 
 Resolved, That the sending an armed force into this colony, un 
 der a pretence of aiding and assisting the civil authority, is an at 
 tempt to establish a standing army here, without our consent ; is 
 highly dangerous to this people ; is unprecedented, and unconsti 
 tutional. 
 
 Resolved, That whoever has represented to his Majesty s min 
 isters, that the people of this colony, in general, or the town of 
 Boston, in particular, were in such a state of disobedience and 
 disorder, as to require a fleet and army to be sent here, to aid the 
 civil magistrate, is an avowed enemy to this colony, and to the na 
 tion in general ; and has, by such misrepresentation, endeavored 
 to destroy the liberty of the subject here, and that mutual union 
 and harmony between Great Britain and the colonies, so necessary 
 for the welfare of both. 
 
 Resolved, As the opinion of this House, that the misrepresenta 
 tions of the state of this colony, transmitted by Governor Bernard 
 to his Majesty s ministers, have been the means of procuring the 
 military force, now quartered in the town of Boston. 
 
 Resolved, That whoever gave order for quartering even common 
 soldiers and camp women in the court house, in Boston, and in 
 the representatives chamber, where some of the principal archives 
 of the government had been usually deposited ; making a barrack 
 of the same, placing a main guard, with cannon pointed near the 
 said house, and sentinels at the door, designed a high insult, and a 
 triumphant indication that the military power was master of the 
 whole legislative. 
 
 Whereas, his Excellency General Gage, in his letter to Lord 
 Hillsborough, dated October Slst, among other exceptionable 
 things, expressed himself in the following words : " From what 
 has been said, your Lordship will conclude that there is no gov 
 ernment in Boston 5 in truth there is very little at present, and 
 the constitution of this province leans so much to the side of de- 
 anocracy, that the Governor has not the power to remedy the dis 
 orders that happen in it :" 
 
 Resolved, As the -opinion of this House, that his Excellency 
 General Gage, in this and other assertions, has rashly and imper 
 tinently intermeddled in the civil affairs of this province, which 
 are altogether out of his department ; and of the internal police oi 
 
MASSACHUSETTS STATE PAPERS. 179 
 
 which, by his letter, if not altogether his own, he has yet betrayed 
 a degree of ignorance, equal to the malice of the author. 
 
 With respect to the nature of our government, this House is of 
 opinion, that the wisdom of that great Prince, William the Third, 
 who gave the charter, aided by an able ministry, and men thor 
 oughly versed in the English constitution and law ; and the happy 
 effects derived from it to the nation, as well as this colony, should 
 have placed it above the reprehension of the General, and led him 
 to inquire, whether the disorders complained of, have not arisen 
 from an arbitrary disposition in the Governor, rather than from too 
 great a spirit of democracy in the constitution. And this House 
 cannot but express their deep concern, that too many in power, at 
 home and abroad, so clearly avow, not only in private conversa 
 tion, but inr their public conduct, the most rancorous enmity 
 against the free part of tbe British constitution, and are indefati 
 gable in their endeavors to render the monarchy absolute, and the 
 administration arbitrary, in every part of the British empire. 
 
 Resolved, That this House, after the most careful inquiry, have 
 not found an instance of the course of justice being interrupted by 
 violence, except by a rescue committed by Samuel Fellows, an 
 officer in the navy, and by the appointment of the commissioners, an 
 officer, also, in the customs ; nor of a magistrate s refusing to inquire 
 into, or redress any injury complained of; while it is notorious to 
 all the world, that even such acts of Parliament, as, by the whole 
 continent, are deemed highly oppressive, have never been opposed 
 with violence, and the duties imposed, and rigorously exacted, 
 have been punctually paid. 
 
 Resolved, That the frequent entries of nolle prosequi, by the 
 Attorney arid Advocate General, in cases favorable to the lib 
 erty of the subject 5 and rigorous prosecutions by information and 
 otherwise, in those in favor of power, are daring breaches of trust, 
 and insupportable grievances on the people. 
 
 Resolved, As the opinion of this House, that the late extension 
 of the power of courts of admiralty in America, is highly danger 
 ous and alarming; especially as the judges of the courts of com- 
 mon lav/, the alone check upon their inordinate power, do not hold 
 their places during good behavior ; and those who have falsely 
 represented to his Majesty s ministers, that no dependance could 
 be had on juries in America, and that there was a necessity of ex 
 tending the power of the courts of admiralty there, so far as to de 
 prive the subject of the inestimable privilege of a trial by a jury, 
 and to render the said courts of admiralty uncontrolable by the 
 ancient common law of the land, are avowed enemies to the con 
 stitution, and manifestly intended to introduce and establish a sys 
 tem of insupportable tyranny in America, rt ,, A.-X 
 
 Resolved, As the opinion of this House, that the constituting a &. 0| (JLbJt 
 board of commissioners of customs in America, is an unnecessary - 
 burthen upon the trade of these colonies, and that the unlimited 
 
180 MASSACHUSETTS STATE PAPERS. 
 
 power the said commissioners are invested with, of making ap 
 pointments, and paying the appointees what sums they please, un 
 avoidably tends so enormously to increase the number of placemen 
 and pensioners, as to become justly alarming, and formidable to 
 the liberties of the people. 
 
 Resolved, That it is the opinion of this House, " that all trials 
 for treason, misprison of treason, or for any felony or crime, what 
 soever, committed or done, in this, his Majesty s colony, by any 
 person or persons residing therein, ought, of right, to be had and 
 conducted in and before his Majesty s courts, held within the 
 said colony, according to the fixed and known course of proceed- 
 ings 5 and that the seizing any person or persons, residing in this 
 colony, suspected of any crime, whatsoever, committed therein, 
 and sending such person or persons, to places beyond the sea, to 
 be tried, is highly derogatory of the rights of British subjects 5 as 
 thereby the inestimable privilege of being tried by a jury from the 
 vicinage, as well as the liberty of summoning and producing wit 
 nesses on such trial, will be taken away from the party accused." 
 
 [The committee who prepared the above, and those of the 21st 
 of said month, were the Speaker, (Mr. Gushing) Col. Otis, Capt. 
 Sheaffe, Gen. Preble, Mr. Adams, Mr. Hancock, Mr. Spooner, 
 Mr. Otis, and Mr. Porter.] 
 
 ANSWER 
 
 OF BOTH HOUSES, TO THE GOVERNOR S SPEECH, AT THE OPENING OF 
 THE SESSION, JUNE 29, 1769. 
 
 May it please your Excellency, 
 
 As your Excellency, in your speech to both Houses, at the 
 opening of the present session, has recommended to us, " to give 
 our earliest attention to the business of the province;" we should 
 have been glad if your Excellency had pointed out what was ex 
 pected from us. 
 
 We agree with you, sir, that the business of the province is got 
 into such an arrear, that it will require the utmost diligence to get 
 it done within the usual time generally allotted to this session." 
 Who brought the province under this difficulty, your Excellency 
 can be at no loss to determine. Had the Assembly been called 
 in the fall of the year past, there would have been no cause of 
 such complaint. 
 
 Your Excellency has been pleased to tell us, " that you shall 
 be ready to concur with us, in all measures proposed for the good 
 of the people, that are consistent with the invariable rule you have 
 
MASSACHUSETTS STATE PAPERS. 181 
 
 laid down, of not departing from the duty you owe to the King." 
 It is surprising, sir, that so soon after such a declaration, your 
 Excellency should suspend your assent to a resolve for an estab 
 lishment for forts and garrisons, even for a single moment ; espe 
 cially as such an establishment was always a favorite object with 
 your Excellency. Does the " duty you owe to the King, or the 
 regard you have for the good of the people," forbid your signing 
 it ? If so, how could your Excellency recommend this business 
 to the House, in your message of the twenty -first instant, as what 
 was necessary to be immediately done ? We are sensible, may 
 it please your Excellency, that the service of the Crown, and the 
 interest of the people, are objects very compatible with each other; 
 and that they must be so, " under a monarch, who makes the gen 
 eral welfare of all his subjects, the sole end of his government." 
 This sentiment is what the two Houses have adopted, and have 
 always made their object. And had your Excellency, in humble 
 imitation of your royal master, during your administration, acted 
 from such noble principles, many of the disputes between your 
 Excellency and former Assemblies, would have had no existence. 
 We shall, with all convenient despatch, finish the business of the 
 present session, and we have a just right to expect that your Ex 
 cellency will give your assent to all such resolves and acts, that 
 may be laid before Vou, as will be for the interest of the people, 
 and the real service of the Crown. 
 
 The committee who reported the above, were B. Lincoln and 
 H. Gray, of the Council, and G. Leonard, Capt. Reed, and S. Hall, 
 of the House.] 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR S MESSAGE, 
 OF JUNE 28 JULY 4, 1769. 
 
 May it please your Excellency, 
 
 BY your message to this House, of the 28th of June, we are 
 informed, that his Majesty has been pleased, by his sign manuel, to 
 signify to you his will and pleasure, that you repair to Great Britain, 
 to lay before hihi the state of this province. We are bound in duty 
 at all times ; and we do, more especially at this time, cheerfully 
 acquiesce in the lawful command of our Sovereign. It is a particu 
 lar satisfaction to us, that his Majesty has been pleased to order a 
 true state of this province to be laid before him ; for we have abun 
 dant reason to be assured, that when his Majesty shall be fully ac 
 quainted with the great and alarming grievances which his truly 
 
182 MASSACHUSETTS STATE PAPERS. 
 
 loyal subjects here have suffered, through your administration, and 
 the injury they have sustained in their reputation, he will, in his 
 great clemency and justice, frown upon, and forever remove from 
 his trust, all those, who, by wickedly informing his ministers, have 
 attempted to deceive even his Majesty himself. Your Excellency 
 is best acquainted with the part you have acted : your letters have 
 enabled this House, and the public, in some measure, to form a 
 judgment. And while you will necessarily be employed, as this 
 House conceives, in setting your own conduct in the most favorable 
 light before his Majesty, we are persuaded we shall be able to an 
 swer for ourselves and our constituents, to the satisfaction of our 
 Sovereign, whenever we shall be called to it. 
 
 You are pleased to communicate to this House, an instruction 
 for the appropriation of the salary granted to his Majesty s Gov 
 ernor,* during such time as he may be absent from the colony. But 
 as we are not made to understand, that your Excellency will be con 
 tinued in your office, as Governor of this province, after your ex 
 pected departure from it, the House cannot, in faithfulness to their 
 constituents, make an unprecedented grant of their money for ser 
 vices which we have no reason to expect will ever be performed. 
 
 Your Excellency must be fully sensible, that the people of this 
 province have never failed, in duty to his Majesty, to make ample 
 provision for the support of his government. You will be pleased 
 to remember, that you are fully paid to the 2d of August next; be 
 fore the expiration of which time you will embark for Great Britain - 
 We shall then make the necessary provision " for the support of the 
 dignity of government ;" and when his Majesty shall be pleased to 
 appoint another Governor, we trust this people will be ready, as 
 they ever have been, to grant him an ample salary, proportional to 
 their abilities^ and suitable to his station and merit. These are the 
 only considerations which ought to have any weight with this House, 
 in granting the people s money, for the support of a Governor. His 
 Majesty s 49th instruction, now before the House, and to which 
 you refer us, is a rule for your Excellency ; but we conceive it was 
 never intended for the House of Representatives. We have, how 
 ever, the pleasure of observing, that your Excellency is not at all 
 restrained by it, from signing any bills, or other matters, that may 
 be laid before you, at any time preceding the grant of a salary for 
 the support of government ; and, therefore, we have a just right to 
 expect that you will not, on that account, retard such public busi 
 ness before you, as his Majesty s service, and the welfare of the 
 people, indispensably requires. 
 
 [The committee which reported this answer, consisted of Mr. 
 Otis, Col. Warren, Mr. Hancock, Capt. Sheaffe, and Gen, Preble.J 
 
MASSACHUSETTS STATE PAPERS. 183 
 
 MESSAGE 
 
 FROM GOVERNOR BERNARD TO THE HOUSE OF REPRESENTATIVES, 
 JULY 6, 1769. 
 
 Gentlemen of the House of Representatives, 
 
 I HEREBY communicate to you an extract of a letter I received 
 some time ago from General Gage, desiring that I would lay before 
 you the accounts of the expenditures incurred by quartering his 
 Majesty s troops in Boston, that funds may be provided for dis 
 charging the same. I accordingly lay before you the said accounts^ as 
 com.nunicated to me by Colonel Robertson, with a copy of a letter 
 from him, on the subject. The vouchers, referred to in the said let 
 ter, are in the hands of Colonel Joseph Goldthwait, who will pro 
 duce the same to your order. I desire that you will take these ac 
 counts into your consideration, and provide proper funds for dis 
 charging the same, so far, at least, as you are required by law. 
 
 I am also desired by the General, to make a requisition to you, 
 that provision may be made for the further quartering his Majesty s 
 forces in the town of Boston, and Castle Island, according to act of 
 Parliament. This provision was made for the 65th regiment, whilst 
 it was quartered at Castle Island by my order, with the advice of 
 Council. But, now the General Court is sitting, it is proper that 
 you should take order in this business, and especially in providing 
 funds for that purpose, without which, further provision cannot be 
 made. I desire you would act thereon as soon as you can, as I 
 understand that the quartering the 29th regiment in the Castle bar* 
 racks, is delayed for want of it. FRA. BERNARD. 
 
 MESSAGE 
 
 FROM GOVERNOR BERNARD TO THE HOUSE OF REPRESENTATIVES, 
 JULY 12, 1769. 
 
 Gentlemen of the House of Representatives, 
 
 As the session is drawing to a conclusion, I miist desire that 
 you will give an answer to my message of the 6th instant, and that 
 you will distinguish between the charges arising from the hiring of 
 barracks, and furnishing them, and the charges of purchasing provi 
 sions, as are directed by act of Parliament to be provided by this 
 province ; and that you will also give an answer, whether you will es 
 tablish funds for the future supply of provisions, according to act of 
 
184 MASSACHUSETTS STATE PAPERS. 
 
 Parliament, to the troops quartered in barracks, in Boston, or which 
 may be quartered in the provincial barracks, on Castle Island, or 
 either of them. And I desire that you will be explicit and distinct 
 in those particulars, that there may be no mistake in the report of 
 your resolutions on these heads. 
 
 In my former message, I omitted to inform you that the barracks 
 on Castle Island will not conveniently hold a regiment without an 
 additional building for officers rooms. The want of such a building 
 has been inquired into by the Commissioners, and found to be real ; 
 and an estimate of the expense has been made, which, I understand, 
 amounts to two hundred and fifty pounds. I desire that you will 
 take this also into consideration, and let me know your resolution 
 thereon. FRA. BERNARD. 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR S MESSAGES, 
 OF JULY 6 AND 12....JULY 15, 1769. 
 
 May it please your Excellency, 
 
 THE House of Representatives have contemplated your sev 
 eral messages of the 6th and 12th instant, as fully as the time, to 
 which you were pleased to limit them, would admit. And as Gen 
 eral Gage s letter on this subject, dated 15th of May, of which we 
 were favored with an extract only, must have been received be 
 fore the meeting of the General Assembly, we think it very extra 
 ordinary that your Excellency should suffer five or six weeks to 
 elapse, before you thought proper to give us the least intimation 
 of this matter. It is also surprizing, that, as the Barrack Master 
 General, Colonel Robinson, was in Boston near a rrumth, the 
 greater part of which time, the General Assembly was sitting, we 
 never before heard of the " demand" which he had " the honor to 
 make," as he is pleased to express himself, in his letter to your 
 Excellency, of the 18th of June. It is wonderful indeed, that this 
 House should have no notice of that demand, till the 6th instant, 
 and that a quickening message should so soon follow. Between 
 these messages, Lord s day intervening, the House had adjourned, 
 as usual, from Saturday to Monday. But it is truly astonishing, 
 that when the gracious desires of majesty itself, of aids in men 
 and money in the late war, in which we freely bled with our fellow 
 subjects and brethren of Great Britain, as well as of America ; arid 
 on less arduous occasions have, with royal clemency and great 
 condescension, ever been intimated in the form only of a requisi 
 tion, the Barrack Master General should hold so high and peremp - 
 
MASSACHUSETTS STATE PAPERS. 185 
 
 tory a tone as the word demand, must necessarily imply. The in 
 dignity, thus offered to your Excellency s commission, would have 
 been an affair entirely between your Excellency and the Barrack 
 Master General, had it not been communicated to us as an appen 
 dage, nor accompanied your message of the 6th instant, the sub 
 ject of which, we shall now, more immediately consider. 
 
 The public proceedings of this House, we trust, will sufficiently 
 evince to the whole world, and to all posterity, the idea we enter 
 tain of the sudden introduction of a fleet and army here $ of the 
 unparalleled methods used to procure this armament; and of the 
 indefatigable pains of your Excellency, and a few interested per 
 sons, to keep up a standing force here, by sea and land, in a time 
 of profound peace, under the mere pretence, of the necessity of 
 such a force, to aid the civil authority. But were it a time of war, 
 and the necessity of such a force ever so great, of which it is ad 
 mitted, the King, by virtue of his undoubted prerogative of inarch 
 ing his armies, and directing his fleets to any part of his realms or 
 dominions, is the sole judge ; yet, sir, it should be remembered, 
 that the very nature of a free constitution, requires that those fleets 
 and those armies should be supported only by the aids voluntarily 
 granted by the Commons. Thus, till very lately, they have been, 
 supported, not only in Great Britain and Ireland, but in all the 
 British dominions. 
 
 May it please your Excellency, we are constrained to be very 
 explicit upon the funds proposed, and the law alluded to. both ia 
 your message of the 6th instant, and in the extract of General 
 Gage s letter before us. By funds, we presume, is meant a provi 
 sion for the reimbursement of such expenses as have been occa 
 sioned, or may accrue, in consequence of quartering the troops 
 here ; and by law, is meant the mutiny act, so commonly called, 
 which was passed in the 6th year of the reign of our most gracious 
 Sovereign. By this act, it is declared, " the officers and soldiers 
 quartered, as therein more particularly expressed, shall, from time 
 to time, be furnished and supplied by a person or persons, to be 
 authorized or appointed for that purpose by the Governor and 
 Council of each respective province ; or upon the neglect or refu 
 sal of such Governor and Council, in any province, then by two 
 or more Justices of the Peace, residing in or near the place" of 
 quartering, with " fire," and other enumerated articles. And 
 that the respective provinces shall " repay such person or persons, 
 all such sum or sums of money, by him or them paid, for the tak 
 ing, hiring, and fitting up uninhabited houses, and for furnishing 
 the officers and soldiers therein, and in the barracks," with ^ fire," 
 and the other enumerated articles. And such sum or sums are. by 
 said act, required to be "raised in such manner as the public 
 charges for the provinces respectively are raised." And it is also 
 further declared by said act, that " the extraordinary expense of 
 9A 
 
j v 
 
 J86 MASSACHUSETTS STATE PAPERS. 
 
 carriages to be paid by the province or colony where the same 
 shall arise." 
 
 From hence it is obvious, that a Governor and Council have no 
 more right, by this act, to draw money out of a colony treasury, 
 than the two justices mentioned therein. The duty prescribed, is 
 entirely confined to the appointment of a person or persons, to fur 
 nish and supply the articles in said act mentioned. Such is the 
 unreasonableness and severity of this act, that it leaves to the As 
 semblies not the least color of a privilege, but only the pitiful 
 power to raise the sums in such manner as the public charges of 
 the provinces are respectively raised. Hence it is manifest, how 
 unwarrantably the Governor and Council have acted, in the pay 
 ments they have ordered between the dissolution of the last year s 
 Assembly and the convening of this, for articles furnished his Ma 
 jesty s 65th regiment, lately quartered in the barracks, at Castle 
 William ; for it is known, there was no fund provided, consequent 
 ly, there could be no appropriation made by the General Court for 
 thai^purpose. 
 
 \We shall now, with your Excellency s leave, take a nearer view 
 oftne act of Parliament above mentioned. The whole continent 
 has, for some years past, been distressed with what are called acts 
 for imposing taxes on the colonists, for the express purpose of rais 
 ing a revenue 5 and that, without their consent in person, or by 
 representative. This subject has been so fully handled by the 
 several Assemblies, and in the publications that have been made, 
 that we shall be as brief as possible upon that head; but we take 
 leave to observe, that in strictness, all thoseacts may be_rather 
 cal led acts Jor i aisingjMtribute Jn A m^rtcaT^o^ie further purposes 
 ol diss[pation^m7w]5p^^^^ And, if the present 
 
 system of measures should be much further pursued, it will soon 
 be very difficult, if possible, to distinguish the case of widows and 
 orphans in America, plundered by infamous informers, from those 
 who suffered under the administration of the most oppressive of 
 the Governors of the Roman provinces, at a period, when that once 
 proud and haughty republic, after having subjugated the finest 
 kingdoms in the world, and drawn all the treasures of the east to 
 imperial Rome, fell a sacrifice to the unbounded corruption and 
 venality of its grandees. But of all the new regulations, the stamp 
 act not excepted, this under consideration, is the most excessively 
 unreasonable. For, in effect, the yet free Representatives of the 
 free Assemblies of North America, are called upon to repay, of 
 their own and their constituents money, such sum or sums, as per 
 sons over whom they can have no check or control, may be pleased 
 to expend ! As Representatives, we are deputed by the people, 
 agreeable to the royal charter and laws of this province. By that 
 charter and the nature of our trust, we are only empowered to 
 is grant such aids," and " levy such taxes for his Majesty s ser 
 vice, as are reasonable ;" of which, if we are not free and independ- 
 
MASSACHUSETTS STATE PAPERS. 187 
 
 cut judges, we can no longer be free Representatives, nor our 
 constituents free subjects. If we are free judges, we are at liberty 
 to follow the dictates of our own understanding, without regard to 
 the mandates of another; much less can we be free judges, if we 
 are but blindly to give as much of our own and of our constituents 
 substance, as may be commanded, or thought fit to be expended, by 
 those we know not. 
 
 Your Excellency must, therefore, excuse us, in this express de 
 claration, that as we cannot, consistently with our honor, or inter- v 
 est, and much less with the duty we owe our constituents, so we -IY 
 .ghajl never make provisjon for the purposes in your several mes- ? 
 sageTTGove mentioned. 
 
 [The Committee who prepared this answer, were, Col. Otis, 
 Major Hawley, Col. Williams, Mr. Adams, Mr. Otis, Col. Ward, 
 and Mr. Ilancock.l 
 
 SPEECH 
 
 OF GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES, 
 JULY 15, 1769. 
 
 Gentlemen of the House of Representatives, 
 
 AT the opening of this session, I had in contemplation the ex 
 pediency of passing the public bills which were necessary to the 
 government, with all due expedition, and particularly the supply 
 bill, without which, the whole provincial debt, by a law then sub 
 sisting, would have been levied in one year, which would have 
 been a great burthen upon the people. And I had resolved with 
 myself to promote the expediting such necessary bills, and to 
 avoid and remove, as far as I could, all difficulties which might 
 obstruct the same. But you, gentlemen, had not the same dispo 
 sition ; you not only put a stop to all business, with the most 
 trifling pretences, for some weeks together, but you endeavored, 
 by all means you could, to oblige me, in the course of my duty, to 
 put an abrupt end to the session, before you would permit the ne 
 cessary business of the province even to be brought before you. 
 
 In this, you had some success ; you put me under the difficulty 
 of either not making proper provision for the necessary service of 
 the government, which could not be done without continuing the 
 session, or by a continuation of it, showing a want of regard to the 
 dignity of the Crown. The assertions, declarations and resolu 
 tions which you have, from the beginning of the session to this 
 time, continued to issue, in direct opposition to the sense of the 
 sovereign legislature, as it has been lately declared, and in terms 
 
1 
 
 188 MASSACHUSETTS STATE PAPERS. 
 
 entirely inconsistent with the idea of this province being a part of 
 the British empire, would have demanded of me an immediate vin 
 dication of the honor of the Crown, by putting an early end to this 
 session, if I had not been restrained by my concern for the exi 
 gency of the state. And I must rely upon his Majesty s favorable 
 indulgence in accepting my attention to the necessities of the 
 people, in lieu of the resentment which was due to the misbe 
 havior of their Representatives. 
 
 To his Majesty, therefore, and, if he pleases, to his Parliament, 
 must be referred your invasion of the rights of the imperial sove 
 reignty. By your own acts you will be judged. You need not 
 be apprehensive of any misrepresentations ; as it is not in the 
 power of your enemies, if you have any, to add to your publica 
 tions 5 they are plain and explicit, and need no comment. 
 
 It is my duty, and I shall do it with regret, to transmit to the 
 King, true copies of your proceedings ; and, that his Majesty may 
 have an opportunity to signify his pleasure thereon, before you 
 meet again, I think it necessary to prorogue this General Court, 
 immediately, to the usual time of its meeting for the winter ses 
 sion. FRA. BERNARD. 
 
 PETITION 
 
 OF THE HOUSE OF REPRESENTATIVES TO THE KING, TO REMOVE SIR FRAN 
 CIS BERNARD FOREVER FROM THIS GOVERNMENT, AGREEBLE TO THE 
 UNANIMOUS VOTE OF THE HOUSE. JUNE 27, 1769. 
 
 Most Gracious Sovereign, 
 
 WE, your Majesty s most dutiful and faithful subjects, the 
 Representatives of your ancient and loyal colony of the Massa 
 chusetts Bay, impressed with the deepest gratitude to Almighty 
 God, for calling to the British succession your illustrious family ; 
 and so firmly establishing your Majesty on the throne of your 
 royal progenitors : And being abundantly convinced of your Ma 
 jesty s grace and clemency, most humbly implore the royal favor, 
 while we briefly represent our grievances, which your Majesty 
 alone, tinder God, can redress. 
 
 We are constrained, in duty to your Majesty, and in faithfulness 
 to our constituents, to lay before your Majesty our complaints of 
 his Excellency Sir Francis Bernard, Baronet, your Majesty s 
 Governor of this colony, whose whole administration appears to 
 have been repugnant, not only to your Majesty s service, and the 
 welfare of your subjects in the colony, but even to the first princi 
 ples of the British constitution. 
 
MASSACHUSETTS STATE PAPERS. 189 
 
 From his first arrival here, he has, in his speeches and other 
 public acts, treated the Representative body with contempt. 
 
 He has, in his public speeches, charged both Houses of the 
 General Assembly expressly, with oppugnation against the royal 
 authority; declaring that they had left gentlemen out of the Coun 
 cil, only for their fidelity to the Crown. 
 
 He has, from time to time, indiscreetly and wantonly exercised 
 the prerogative of the Crown, in the repeated negative of Counsel 
 lors of an unblemished reputation, and duly elected by a great 
 majority, some of them by the unanimous suffrage of both Houses 
 of Assembly. 
 
 He has declared, that certain seats at the Council Board shall be 
 kept vacant, till certain gentlemen, who are his favorites, shall be 
 reelected. 
 
 He has, unconstitutionally, interfered with, and unduly influenced 
 elections, particularly in the choice of an agent for the colony. 
 
 He has very abruptly displaced divers gentlemen of worth, for 
 no apparent reason, but because they voted in the General Assem 
 bly with freedom, and against his measures. 
 
 He has, in an unwarrantable manner, taken upon himself the 
 exercise of your Majesty s royal prerogative, in granting a charter 
 for a college, contrary to an express vote of the House of Repre 
 sentatives, and without even asking the advice of your Majesty s 
 Council. 
 
 He has practiced the sending over depositions to the ministry, 
 privately taken, against gentlemen of character here, without giv 
 ing the persons accused, the least notice of his purposes and pro 
 ceedings. 
 
 He has very injuriously represented your Majesty s loving sub 
 jects of this colony in general ; as having an ill temper prevailing 
 among them; as disaffected to your Majesty s government, and in 
 tending to bring the authority of Parliament into contempt. And, 
 by such false representations, he has been greatly instrumental, as 
 this House humbly conceive, in exciting jealousies, arid disturbing 
 the harmony and mutual affection which before happily subsisted, 
 and we pray God, may again subsist between your Majesty s sub 
 jects in Great Britain and America. 
 
 He has, in his letters to one of your Majesty s ministers, unjust 
 ly charged the majority of your Majesty s faithful Council in the 
 colony, with having avowed the principles of opposition to the 
 authority of Parliament, and acted in concert with a party, from 
 whence such opposition originated. 
 
 He has, also, in his letter to another of your Majesty s ministers, 
 
 falsely declared, that a plan was laid, and a number of men actually 
 
 enrolled, in the town of Boston, to seize your Majesty s Castle 
 
 William, in the harbor of the same, out of your Majesty s hands. 
 
 Such representations of the state and circuwistances of this 
 
190 MASSACHUSETTS STATE PAPERS. 
 
 colony, from a gentleman of the highest trust in it, will, of neces 
 sity, be received with full credit, till they are made to appear 
 false. And, in consequence thereof, your Majesty s true and loyal 
 subjects have suffered the reproach, as well as other hardships, of 
 having a military force stationed here, to support your Majesty s 
 authority, and the execution of the laws ; which measure has been 
 approved by your Majesty s two Houses of Parliament, as appears 
 in their resolutions, that the town of Boston had been in a state of 
 disorder and confusion, and that the circumstances of the colony 
 were such as required a military force, for the purposes above 
 mentioned. 
 
 Having been a principal intrument, as we apprehend, in pro 
 curing this military force, your Majesty s said Governor, in an un 
 precedented manner, and as though he had designed to irritate to 
 the highest degree, ordered the very room which is appropriated 
 for the meeting of the Representatives of the General Assembly, 
 and was never used for any other purpose, and where their records 
 are kept, to be employed as a barrack for the common soldiers. 
 And the sentinels were so posted, as that your Majesty s Council, 
 and the Justices of the Courts of Common Law, were daily inter 
 rupted, and even challenged, in their proceeding to the business of 
 their several departments. 
 
 He endeavored, contrary to the express design of an act of 
 Parliament, to quarter your Majesty s troops in the body of the 
 town of Boston, while the barracks, provided by the government at 
 the Castle, within the town, remained useless. And, for purposes 
 manifestly evasive of said act, he unwarrantably appointed an offi 
 cer to provide quarters for the troops, otherwise than is therein 
 prescribed. 
 
 After having dissolved the General Assembly, at a most critical 
 season, and while they were employed in the most necessary and 
 important business of the colony, he arbitrarily refused to call 
 another, for the space often months, and until the time appointed, 
 in the royal charter, for the calling a General Assembly, against 
 the repeated dutiful petitions of the people. 
 
 It appears, by his letters to the Earl of Hillsborough, your 
 Majesty s Secretary of State, that he has endeavored to overthrow 
 the present constitution of government in this colony, and to have 
 the people deprived of their invaluable charter rights, which they 
 and their ancestors have happily enjoyed, under your Majesty s 
 administration, and those of your royal predecessors. 
 
 By the means aforesaid, and many others that might be enume 
 rated, he has rendered his administration odious to the whole body 
 of the people ; and has entirely alienated their affections from him, 
 and thereby wholly destroyed that confidence in a Governor, which 
 your Majesty s service indispensibly requires. 
 
 Wherefore, we most humbly entreat your Majesty, that his 
 Excellency Sir Francis Bernard, Baronet, may be for ever removed 
 
MASSACHUSETTS STATE PAPERS. 191 
 
 from the government of this province. And, that your Majesty 
 would be graciously pleased, to place one in his stead, worthy to 
 serve the greatest and best Monarch on earth. 
 
 [The committee, who reported this petition, were, the Speaker, 
 (Mr. Gushing,) Col. Otis, Capt. Sheaffe, Gen. Preble,Mr, Adams, 
 Mr. Hancock, Mr. Spooner, Mr. Otis, and Mr. Porter.] 
 
 LETTER 
 
 FROM THE COUNCIL AND HOUSE OF REPRESENTATIVES, TO W. BOLLAN, 
 ESQ. AGENT IN ENGLAND, ON APPEALS, JULY 16, 1769. 
 
 1 
 
 THIS colony has lately been very much alarmed, by an order s l 
 being obtained from his Majesty, in Council, granting an appeal to 
 them from a final judgment of the Supreme Court of Judicature, 
 &c. in this colony, in an action of ejectment, wherein one David 
 Jeffries was demandant, and Nathaniel Donnell, Esq. defendant. 
 
 Although this action is a dispute about private property, be 
 tween individuals, yet as the establishing such a precedent, would 
 be fatal in its consequences to the American colonies, it demands 
 the attention of the General AssemblyT} 
 
 This colony wns settled by private adventurers, at their own 
 expense, and thereby an extensive country added to the dominion 
 of Great Britain. The lands were purchased of natives, by those 
 adventurers, and their successors, who thereby acquired as abso 
 lute a property in the soil, as a British subject can attain. The 
 right to the soil hath been confirmed and established by royal 
 charters, and is expressly confirmed and established, by the char 
 ter granted to this province, by their late Majesties, King William 
 and Queen Mary, of glorious memory, which has never been for 
 feited, or any way vacated, wherein their said Majesties, for them 
 selves, their heirs and successors, granted to the inhabitants of the 
 province or territory of the Massachusetts Bav^ all the lands and 
 hereditaments, whatsoever, lying within the limits of said prov 
 ince 5 to have and to hold the same, with their appurtenances, to 
 the said inhabitants and their successors, to their only proper use 
 and behoof forever, to be holden of their said Majesties, their heirs 
 and successors, as of the Manor of East Greenwich, in the county 
 of Kent, by fealty only, in free and common sockage, yielding and 
 paying therefor, to their said Majesties, their heirs and successors, 
 the fifth part of all gold and silver ore, and precious stones, which 
 may, from time to time, and at all times, be found and obtained, in, 
 any of the said lands or premises. 
 
 In and by the same charter, their said late Majesties did, for 
 
192 MASSACHUSETTS STATE PAPERS. 
 
 themselves, their heirs and successors, give and grant, that the 
 General Court of the same province, should forever have full 
 power and authority to erect arid constitute Judicatories, and 
 Courts of Record, or other Courts, to be held in the name of their 
 said late Majesties, their heirs and successors, for the hearing, 
 trying and determining of all manner of crimes, offences, pleas, 
 processes, plaints, actions, matters, causes and things, whatsoever, 
 arising or happening within the same province, or territory, or be 
 tween persons happening or residing there, whether the same be 
 criminal or civil 5 whether the said crimes be capital or not capi 
 tal ; and whether the said pleas be real, personal or mixed ; and 
 for the awarding execution thereupon, saving only an appeal to 
 his Majesty, in Council, in personal actions, wherein the matter 
 in difference exceeds the value of SQQL sterling : Provided always, 
 that nothing therein, should extend or be taken to erect, grant, or 
 allow the exercise of any Admiralty Court, jurisdiction, or power, 
 but that the same should be, and thereby was reserved to their 
 said late Majesties and their successors. From which it follows, 
 according to the ancient maxim, except io probat regulam, that the 
 Judicatories and Courts, erected and constituted in this colony, in 
 consequence, and by virtue of the same charter, have cognizance 
 of, and full power and authority of finally judging and determining 
 all actions, arising or happening within the province, excepting 
 matters properly cognizable in the Admiralty Court, and that no 
 appeal lieth from such, determinations and judgments, to any court 
 or jurisdiction, whatever, excepting only, the above mentioned in 
 stance in personal actions, where the matter in difference exceeds 
 the value of 300/. sterling. 
 
 We also clearly hold, that, of common right, actions of eject 
 ment, and all real actions, are local, and triable only in the re 
 spective counties where the lands or tenements, in question, be. 
 This principle of law is so fully established, that whenever at 
 tempts have been made to draw into question titles of law, in other 
 counties, (though in actions in their own nature transitory,) such 
 attempts have ever been suppressed by the wisdom of the judges 
 and sages of the law, as subtle and dangerous innovations in dero 
 gation of the common law. Therefore, the establishing a prece 
 dent for granting appeals to his Majesty in Council, from the final 
 judgment and determinations of the proper courts in this colony, 
 in real, or any other actions, that draw the title of freeholders, in 
 question, would be the subverting of an ancient principle of the 
 common law, as well as contrary to the great charter, which or 
 dains that no freeman shall be disseized of his freehold, or any 
 otherwise destroyed, but by lawful judgment of his peers, by the 
 law of the land, would be in direct violation of the royal charter, 
 granted to this colony, and pregnant with every mischief that can 
 possibly arise to its inhabitants. 
 
 Without mentioning the parties being deprived of a trial by a 
 
MASSACHUSETTS STATE PAPERS. 193 
 
 jury from the vicinity, who must be supposed to be the most com 
 petent judges of the facts, views, and all circumstances of local 
 evidence, it will be impossible for the inhabitants of this colony, 
 in general, to defend their titles at the distance of three thousand 
 miles, against claims, however groundless and unjust. The greater 
 part of the estates in this colony are so small, that it is with diffi 
 culty that the freeholder, however industrious or frugal, supplies 
 his family with the necessaries of life, and pays his proportion of 
 taxes for the ordinary support of government His whole estate, 
 converted into money, would be insufficient to defray the ordinary 
 expense and charges of defending a suit in Great Britain. In ev 
 ery such appeal, judgment must, therefore, of course, be obtained 
 against him by default, and he subjected to perpetual imprison 
 ment, for cost. This is the case of by much the greater part of 
 the landholders in this colony, and, indeed, there are but few 
 that would not be within the same mischief. Therefore, the es 
 tablishing such a precedent, would infallibly enable a few wealthy 
 men, whether resident in the colonies, or elsewhere, by setting up 
 groundless and unjust complaints, to possess themselves, under 
 color of law, ol the greatest part of the lands and hereditaments of 
 his Majesty s faithful subjects in this colony, and would actually 
 reduce them to as abject and miserable situation and condition, 
 as that of ancient Villenage. where, although the villain might pur 
 chase lands in fee, yet he held them only at the will of his lord. 
 
 The train of evils, consequent upon this, is obvious ; agriculture, 
 the natural livelihood of this infant colony, will be discouraged, 
 and the settling and peopling this extensive continent, prevented. 
 The trade of the colonies is already unhappily expiring, and should 
 agriculture meet with the same fate, the very sinews of the Com 
 monwealth will be destroyed, and his Majesty s subjects, in this 
 colony, reduced to a state of desperation. 
 
 You are, therefore, strictly enjoined, to use your utmost endeavor 
 to prevent so fatal a precedent s being established. And we 
 would inform you, for your assistance herein, that an appeal, 
 claimed to his Majesty in Council, from a judgment of the Supreme 
 Court, in the province of New York, in the case of Forsey vs. 
 Cunningham, even in a personal action, has lately been dismissed, 
 as not warranted by law. 
 25 
 
MASSACHUSETTS STATE PAPERS. 
 
 LETTER 
 
 GLANI 
 SENTA 
 
 London, February 11, 1769. 
 
 FROM D. DE BERDT, ESQ. AGENT IN ENGLAND, TO THE SPEAKER OF THE 
 HOUSE OF REPRESENTATIVES. 
 
 SIR, 
 
 You are not without warm and steady friends, in both Houses 
 of Parliament, who are grieved at the hardships vou are under. I 
 waited, yesterday, on Lord Shelburne, who is deeply impressed 
 with a sense of your difficulties; and says, if he had been still in 
 the Ministry, he should have composed all your difficulties, with 
 out any military force : for, when he was in the administration, 
 your colony paid him the most respectful and obliging conduct of 
 any of the colonies ; and he will endeavor to serve you, in any 
 particular, wherein he thinks it just to do it. 
 
 The Ministry seem confused and perplexed, and intoxicated 
 with high notions of power, which gives great uneasiness here, as 
 well as the affairs of America. 
 
 Yesterday, the livery of London met, to give instructions to 
 their Representatives, which were of a very spirited nature; in 
 which, they recommend their care to encourage and promote our 
 trade to all the British colonies. The whole of such instructions 
 must be displeasing to the Ministry. And, now London has 
 begun, it is more than probable, this method of instruction will 
 run through the greatest part of the kingdom ; and, I hope, will 
 have a good effect ; at least, that it will shew the general temper 
 of the people, to cultivate a good understanding and trade with 
 America. 
 
 I was, also, since my last, with Colonel Barre, who is a hearty 
 and zealous friend to America, and to your colony in particular. 
 He is very sensible of the difficulties you are under ; and is ready, 
 at all times, to exert himself in your favor. 
 
 D. DE BERDT. 
 
 SPEECH 
 
 OF THE LIEUTENANT GOVERNOR, TO THE COUNCIL AND HOUSE OF REPRE 
 SENTATIVES, MARCH IS, 1770, AT THE OPENING OF THE SESSION. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 I INTENDED to have met the Court, on the 10th of January, at 
 Boston, being the time and place to which it stood prorogued, when 
 the Governor left the province ; but, by the two last packets from 
 
MASSACHUSETTS STATE PAPERS. 195 
 
 England. Thave received ^uch instructions, as made it necessary 
 for me furthel^o prorogue it to this time ~5nd place ; and, I am 
 informed, that, before the session is ended, 1 may expect to have 
 something, in special command from his Majesty, relative to the 
 state and circumstances of the province, to lay before you. In the 
 mean time, I shall be ready to join with you, in such of our inte 
 rior business, as, shall be thought necessary, or expedient. The 
 state of this business, I am not able, particularly, to point out to 
 you, having had but little knowledge of the affairs of the General 
 Court, for several years past. There are amendments or altera 
 tions, absolutely necessary to be made, in some of our laws, the de 
 fects of which have, of late, been a subject of general complaint ; I 
 shall, hereafter, propose them to you by messages. I have another 
 matter, also, of general utility, which I shall lay before you in 
 the same way. 
 
 You cannot oblige me more, than by putting it in my power to 
 concur with you in measures for promoting the peace, good order, 
 and lasting tranquillity of the province. 
 
 I am sensible the season of the year is approaching, when you 
 cannot be absent from your several homes, without peculiar preju 
 dice to your private affairs. I shall, therefore, do all that is neces 
 sary, on my part, to give the greatest despatch to the business of 
 the session ; at the same time, I am willing to give attendance 
 upon it, as long as we can employ ourselves for the benefit of the 
 province. T. HUTCHINSON. 
 
 REMONSTRANCE 
 
 OF THE HOUSE OF REPRESENTATIVES, AGAINST THE PROROGATION OF THE 
 GENERAL COURT, BY THE MANDATE OF THE MINISTER, &c. ADDRESSED 
 TO THE LIEUTENANT GOVERNOR, MARCH 15, 1770. 
 
 May it please your Honor, 
 
 THE House of Representatives of this, his Majesty s colony, 
 observing in your proclamation for proroguing the General As 
 sembly, that you were pleased to assign as the only reason, " that 
 you had received instructions to meet the said Assembly, at Cam 
 bridge," think it their indispensable duty to remonstrate to your 
 Honor, against any such reason, for proroguing this Court, as 
 being an infraction of our essential rights, as men and citizens, as 
 well as those derived to us by the British constitution, and the 
 charter of this colony. 
 
 We would further beg leave to remonstrate to your Honor, that 
 the holding a General Assembly in Harvard College, is utterly 
 repugnant to the interest of that seminary of learning, and, conse- 
 
196 MASSACHUSETTS STATE PAPERS. 
 
 quently, to the designs of the Representatives of this people, in so 
 liberally granting the monies of their constituents, for its emolu 
 ment and support. 
 
 For these reasons, the House of Representatives are indispensa 
 bly obliged to pray your Honor to exert the authority derived to 
 you from his Majesty s royal commission, agreeable to the charter 
 of this colony, and vested in you alone, in adjourning this great 
 and General Assembly, to its ancient place, the Court House, in 
 Boston. 
 
 We forbear to mention, particularly to your Honor, the great 
 inconveniences which attend the sitting of the Assembly, in Cam 
 bridge, where the Members cannot be accommodated ; but more 
 especially, as they are at a distance from the place where the re 
 cords of the Assembly are kept. 
 
 [This remonstrance was prepared by the Speaker, Mr. Adams, 
 Mr. Otis, Capt. Sheaffe> Mr. Hancock, Col. Bowers, and Mr. Hall.] 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR, TO THE HOUSE OF REPRESENTATIVES, 
 MARCH 16, 1770. 
 
 Gentlemen of tJte House of Representatives, 
 
 THERE being reserved, by the royal charter, to this province, 
 certain powers to the Governor, whensoever his Majesty s pleasure 
 is signified to me, whilst I am Commander in Chief, in what man 
 ner those powers shall be exercised, I think myself bound to con 
 form to it. 
 
 [ wish that every part of my administration, whether by force of 
 instructions, or otherwise, might be satisfactory to the Members of 
 the House ; but I must not depart from my duty to the King. If 
 I should comply with the desire of the House, in adjourning or pro 
 roguing the Court, to Boston, I apprehend I should incur his Ma 
 jesty s displeasure ; and I the rather hope it will not be expected 
 from me, because I shall never take exception to the exercise of 
 any powers, which are constitutionally in the House, although such 
 powers should be exercised, in consequence of instructions given 
 to the Members of the House, by their constituents. 
 
 T. HUTCHINSON. 
 
 [The House sent a message to the Council, requesting them to 
 take such measures as they shall think proper for the removal of 
 the Court, to Boston. The Council sent a message to the Lieuten 
 ant Governor on the subject, and he replied to the Council, by 
 message ; both of which follow.] 
 
MASSACHUSETTS STATE PAPERS. 197 
 
 ADDRESS 
 
 OF THE COUNCIL TO THE LIEUTENANT GOVERNOR, IN REPLY TO HIS 
 SPEECH, AT THE OPENING OF THE SESSION, MARCH 20, 1770. 
 
 THE Board have given all due attention to your speech at the 
 opening of the present session. Your Honor is pleased to say, that 
 vour intention was to have met the Court, at Boston, on the 10th 
 of January, judging, \ve humbly presume, that it was most for the 
 public benefit, as well as the particular convenience of the Mem 
 bers, that the Court should convene at that time, and that the busi 
 ness of the province should be then transacted. It gives us, there 
 fore, sensible concern, to find your Honor, immediately after de 
 claring, that " instructions received from England, made it neces 
 sary for you further to prorogue it to another time and place." 
 Solicitous, as we always are, for the preservation of the royal pre 
 rogative, we are equally anxious for the good of the people. We 
 cannot excuse ourselves, therefore, from observing to your Honor, 
 that if his Majesty s Representatives should, from time to time, 
 receive directions respecting such matters, as, from the local cir 
 cumstances of the province, he must have greater advantages to 
 judge of himself, we fear, many inconveniences may arise. 
 
 If your Honor should, upon thoroughly revolving the matter 
 again in your mind, be convinced, that though you were instructed 
 to meet the Assembly, in Cambridge, yet his Majesty s service, 
 and the interest of the province, conspire to render it fit that the 
 remaining part of the session should be at the usual place for hold 
 ing the General Court ; or should think that the reason for its sit 
 ting in this place has now ceased, the Board presume to hope, that 
 your Honor will adjourn it to the Court House, in Boston. 
 
 The Board, moreover, beg leave to suggest to your Honor, that 
 Governor Bernard s wanton exercise of power, in rejecting so 
 great a number of the gentlemen who were elected Counsellors 
 in May last, has rendered a very general attendance of the present 
 Council necessary. And as a number of Members are prevented, 
 by bodily indisposition, from giving their presence, who could 
 attend if the Court was removed to its former place, there is dan 
 ger, from the great number of committees, which will be wanted 
 in the course of the session, that if it should continue here, the 
 business of the province may be greatly retarded. 
 
 The Board are humbly of opinion, considering the present state 
 of the province, that your Honor will run no risk of incurring his 
 Majesty s displeasure, by complying with the request of both 
 Houses. 
 
 When your Honor shall " lay any matter before the Court, 
 which you may receive in special command from his Majesty, rela 
 tive to the state and circumstances of the province," the Board 
 
, . 
 
 198 MASSACHUSETTS STATE PAPERS. 
 
 \vill not fail to pay that regard to it, which every thing coming 
 from our gracious Sovereign, justly demands. 
 
 The disadvantages arising from the prorogation of the Court at 
 this time, when the season of the year is approaching, that the 
 Members cannot be absent from their several homes, without pecu 
 liar prejudice to their private affairs, is sensibly felt by us. So 
 great despatch cannot be given to the business of the session, if the 
 Court should continue here, as if removed to its ancient seat. We 
 are, however, obliged to your Honor, for assuring us that you shall 
 do all which is necessary to that end, on your part ; and that you 
 are willing, at the same time, to give attendance upon it, as long 
 as the Court can be employed for the benefit of the province ; 
 which, we assure your Honor, this Board will ever make the great 
 object of their pursuit. 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE COUNCIL, IN REPLY TO THE 
 FOREGOING, MARCH 21, 1770. 
 
 Gentlemen of the Council, 
 
 I THANK you for your address. Had my removal of the Court 
 from Boston to Cambridge, been founded merely upon my own 
 opinion of the expediency of the measure ; or if I knew that the 
 motives, which caused my order to prorogue the Court were ceas- 
 ed, the reasons urged by the Council, and the House, would have 
 their due weight and influence over me ; but I neither prorogued the 
 Court here, from my own motives, nor have I reason to think that 
 the motives for ordering it to be done, now cease. However it 
 may seem to others, I must consider myself as a servant of the 
 King, to be governed by what appears to me to be his Majesty s 
 pleasure in those things, which otherwise I might have a right to 
 do, or not to do, according to my discretion. 
 
 T. HUTCHINSON. 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES, TO THE SPEECH OF THE LIEUTEN 
 ANT GOVERNOR, DELIVERED TO BOTH HOUSES, AT THE OPENING OF THE 
 SESSION, MARCH 27, 1770. 
 
 May it please your Honor, 
 
 THE House have taken your speech, at the opening of this 
 session ? into their consideration, and cannot but express their con- 
 
MASSACHUSETTS STATE PAPERS. J99 
 
 cern, at your Honor s supposing yourself to have been necessitated, 
 by the instructions you have received, to prorogue the General 
 Court to this time and place ; and are constrained to say, that if 
 your Honor s principles, in that respect, are hereafter to be adopt 
 ed by the Commanders in Chief, of this province, we hope his Ma 
 jesty s Ministers will pay more regard to the charter and constitu 
 tion of this province, than they seem to have done in this instance, 
 before they again advise our most gracious Sovereign to give such 
 instructions. 
 
 We shall cheerfully attend to your Honor s message, respecting 
 any necessary amendments or alterations in our laws, or any other 
 matter of common utility, and are very desirous of transacting the 
 business of this province, which is now greatly in arrear, with des 
 patch ; but the many inconveniences attending the holding of the 
 General Court, at Cambridge, will, of necessity, greatly retard it. 
 
 However, your Honor may rely upon it, that this House will do 
 every thing in their power for promoting the peace, good order, 
 and lasting tranquillity of this province. 
 
 [The committee who prepared the above, consisted of the Speak" 
 er, Mr. Adams, Mr. Leonard, Col. Otis, and Major Hawley.] 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTA 
 TIVES, IN ANSWER TO THEIR VERBAL MESSAGE, MARCH 22, 1770. 
 
 Gentlemen of the House of Representatives, 
 
 YOUR committee, by a verbal message, have desired me to 
 communicate to the House, a copy of the instructions, which I 
 have received, for meeting the Court, at Cambridge. I shall always 
 be sorry when it is not in my power to comply with the desire of 
 the House. I am not at liberty to do it now, because the King has 
 been pleased to order that no letters nor instructions to his Gov 
 ernor, shall be communicated, without his Majesty s special leave. 
 
 T. HUTCHINSON. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES, TO THE LIEUTENANT 
 GOVERNOR, MARCH 23, 1770. 
 
 May it please your Honor, 
 
 THE House of Representatives beg leave still to remonstrate 
 to your Honor, against the holding this General Assembly in Cam 
 bridge, as being repugnant to the constitution, and the law of this 
 Commonwealth, 
 
200 MASSACHUSETTS STATE PAPERS. 
 
 By an act, passed in the jtenth year of his late Majesty, King 
 William, of glorious memory, which received his royal approba 
 tion, and is now in force, the form of a writ for calling the Gen 
 eral Assembly, is established ; wherein it is ordered, that the 
 General Assembly be convened, held and kept in the Town House, 
 in Boston. Hence it appears, that the Town House, in Boston, is, 
 by law, established, as the only place for holding the Assembly; 
 and we take the liberty to express our sentiments, that no instruc 
 tion ought to be deemed of sufficient force, to invalidate the law. 
 
 With regard to the instruction, which seems to lie with so much 
 weight on your Honor s mind, we would observe, that when a bill 
 was brought into the British Parliament, to give the royal instruc 
 tions in the colonies, the force of law, the Commons then asserted the 
 rights of the people, and rejected it with disdain. 
 
 We, therefore, again intreat your Honor, further to take this 
 matter under your cat ^deration, and, agreeable to the request of 
 both Houses, to order the removal of this General Assembly, to its 
 ancient and legal place, the Court House, in Boston. 
 
 [The committee, by whom this message was reported, was Col. 
 Otis, Mr. Hancock, Capt. Sheaife, Mr. Adams, and Mr. Leonard.] 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTA 
 TIVES, IN REPLY TO THE FOREGOING, MARCH 23, 1770. 
 
 Gentlemen of the House of Representatives, 
 
 YOUR observation upon the form of the writ for calling the 
 General Assembly, has been made in former controversies, so long 
 ago as in Governor Burnet s administration, but it did not then 
 prevail. The words, " the town of Boston," in the writ, like the 
 words " William the Third," were understood to be mere matter 
 of form ; the one adapted to the place where the Court had usually 
 been held 5 the other, to the Prince then on the throne. 
 
 I have never attempted to give the King s instructions the force 
 of laws. If I was convinced, that, by any law, the Court must be 
 held at Roston, I should not very easily be induced to prorogue 
 it to any other place, until such law should be repealed. 
 
 T. HUTCHINSON. 
 
MASSACHUSETTS STATE PAPERS. 201 
 
 REPORT AND RESOLUTIONS, 
 
 ADOPTED MARCH 24, 1770, IN THE HOUSE OF REPRESENTATIVES ; PREPARED 
 BY A COMMITTEE, APPOINTED TO CONSIDER THE STATE OF THE PROVINCE, 
 AND TO INQUIRE INTO PUBLIC GRIEVANCES. 
 
 [The committee were. Mr. Gushing, (the Speaker,) Mr. Adams, 
 Alaj. Hawley, Col. Otis, Mr. Leonard, Mr. Hancock, Capt. Sheaft e, 
 Mr. Spoouer, and Capt. Derby.] 
 
 WHEREAS, in and by an act of this province, made and passed 
 in the tenth year of his late Majesty, King William the Third, it 
 is enacted and ordained, that the writ, to be at any time thereafter 
 issued by the Governor of the said province, shall be in the form 
 following : [Here the form of the writ is given ; which require* 
 that the great and General Court or Assembly of the province, 
 should be holden " at the Town House, in Boston," $*c.] which 
 said act was, in due season, laid before his said Majesty, King 
 William the Third, of glorious memory 5 and did then receive his 
 royal approbation ; and therefore, being a perpetual act, and not 
 repealed^ is now in full force, and cannot be repealed by any 
 authority, but that of the legislative body of this province. This 
 being the form of the writ prescribed in the said act, the Town 
 House, in Boston* is the place thereby established, for the holding 
 and keeping, as well as the convening the great and General As 
 sembly of this province. 
 
 And whereas this province, by a perpetual act of the fifth of 
 William and Mary, both made provision for upholding and repair 
 ing the said Town House, in Boston, for the holding of the said 
 Assembly, which amounts to an establishment of the seat of gov 
 ernment in that place ; and seems to be the foundation and reason 
 of expressly inserting the name of the place, in the form of the 
 writ aforesaid : And also, in providing them an elegant mansion 
 house, for the residence of the Governor : And the said General 
 Assembly hath constantly been convened, held and kept, at the 
 said town house, in Boston, agreeably to the act aforesaid ; pesti 
 lential sickness in said town, and other extraordinary cases, neces 
 sarily preventing it, excepted : i 
 
 Resolved, That the holding and keeping, as well as the conven-"] 
 ing the said great and General Assembly, by force of instruction, 
 or otherwise, at any other place, than in Boston aforesaid, is 
 attended with very great inconveniences ; is contrary to the 
 ancient custom and usage of the said Assembly ; in direct repug 
 nance of the constitution and the establishment aforesaid ; and 
 therefore a grievance. 
 
 And whereas both Houses of this Assembly, have remonstrated 
 to his Honor the Lieutenant Governor, and" present Commander 
 in Chief of this colony, against the holding this General Assembly, 
 
202 MASSACHUSETTS STATE PAPERS. 
 
 in Cambridge ; and have prayed his Honor to remove the same to 
 its ancient seat, the Court House, in Boston ; but his Honor hath 
 repeatedly refused to comply with their request : 
 
 Therefore, resolved, That this House do now proceed to busi 
 ness, under this grievance, only from absolute necessity ; hereby 
 protesting against the illegality of holding the Assembly as afore 
 said ; and ordering this, their protest, to be entered on their jour 
 nals, to the end, that the same may not be drawn into precedent at 
 any time hereafter. 
 
 And whereas his Honor, the Lieutenant Governor, hath been 
 pleased, in his answer of yesterday, to a message of this House, to 
 intimate, that the aforesaid act of this province, of the tenth of 
 William the Third, in no wise establishes the Town House, in Bos 
 ton, as the place for convening, holding and keeping the General 
 Assembly ; expressly declaring, that " the words the town of Bos 
 ton, in the writ prescribed in said act, like the words William the 
 Third, were understood to be mere matters of form." 
 
 Resolved, As the sense of this House, that his Honor s strictures 
 thereon, are not satisfactory or conclusive. The name of the King, 
 is of the substance of the writ ; but the words William the Third, 
 as all other words, descriptive of things, in their own natur change 
 able, mitst, in all established forms, be equally changeable them 
 selves ; and so far, may be considered as mere matter of form, or 
 gratia exempli. Yet, that can by no means be the case, with re 
 spect to words, descriptive of things in their own nature, fixed and 
 perpetual, as when a certain place is designated. 
 
 Therefore, resolved, That the determination of this House, to 
 proceed to business, is by no means to be considered, at any time 
 hereafter, as a renunciation of the claim of the House to the legal 
 right of sitting in General Assembly, at its ancient place, the Court 
 House, in Boston. 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR, TO THE COUNCIL AND THE HOUSE OF 
 REPRESENTATIVES, APRIL 7, 1770. 
 
 Gentlemen of the Council^ and 
 
 Gentlemen of the House of Representatives, 
 
 THE Secretary will lay before you several papers, which I have 
 received from one of his Majesty s Justices of the Peace, and divers 
 other persons, inhabitants of the town of Gloucester, and which 
 relate to a very disorderly and riotous transaction in said town. 
 A person appears to have been most inhumanly treated, for seek 
 ing redress in the course of the law, for former injuries received. 
 
MASSACHUSETTS STATE PAPERS. 203 
 
 As this information comes to me while the General Court is sit 
 ting, I have thought it proper to communicate it to the House of 
 Representatives, as well as to his Majesty s Council, that if any 
 act, or order of the whole Legislature, shall be judged necessary, 
 for strengthening or encouraging the executive powers of govern 
 ment, there may be an opportunity for it. I must observe to you, 
 that a number of persons, of the same town, were prosecuted and 
 fined, at the Superior Court, for the county of Essex, in June last, 
 for injuring the person and property of the present complainant, 
 in a barbarous manner; and if it be truly represented, that the 
 same persons have been concerned in this second oftence, it is a 
 great aggravation of their crime, and a defiance of the laws and 
 authority of government. T. HUTCHINSON. 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES, TO THE FOREGOING, 
 APRIL 23, 1770. 
 
 May it please your Honor, 
 
 THE House of Representatives have taken into due consider 
 ation your message of the 7th instant, with the papers laid before 
 them by the Secretary, agreeable to your direction. 
 
 We assure your Honor, that we have the utmost abhorrence of 
 all disorderly and riotous transactions. It is the disposition, as 
 well as the duty, of this House, to take the most effectual measures 
 to discountenance them 5 and to strengthen and encourage the ex 
 ecutive officers in the exercise of all their lawful powers of gov 
 ernment. Nothing, therefore, shall be wanting on our part, for the 
 promoting of these purposes, whenever any further steps shall ap 
 pear to us to be necessary. (At present, it is the opinion of the 
 House, that the laws now in oeing, duly executed, would be fully 
 sufficient ; and, to add to the severity of the provision made by 
 them, without an apparent and very urgent necessity, might put 
 into the hands of the civil magistrate, a power that would be dan 
 gerous to the rights and liberties of the people. 
 
 When complaints are made of riots and tumults, it is the wis 
 dom of government, and it becomes the Representatives of the peo 
 ple, especially, to inquire into the real causes of them. If they 
 arise from oppression, as is frequently the case, a thorough redress 
 of grievances will remove the cause, and, probably, put an end to 
 the complaint. It may justly be said, of the people of this province, 
 that they seldom, if ever, have assembled in a tumultuous manner, 
 unless they have been oppressed. It cannot be expected, that a 
 people, accustomed to the freedom of the English constitution, 
 
204 MASSACHUSETTS STATE PAPEES. 
 
 will be patient, while they are under the hand of tyranny and 
 arbitrary power. They will discover their resentment in a manner, 
 which will naturally displease their oppressors ; and, in such a 
 case, the severest laws, and the most rigorous execution, will be to 
 little purpose. The most effectual method to restore tranquillity, 
 would be to remove their burthens, and to punish all those who 
 have been the procurers of their oppression^] 
 
 Your Honor, in your message, has pointed us to an instance, 
 which you are pleased to call " a very disorderly and riotous 
 transaction, in the town of Gloucester ;" but, we cannot think it 
 consistent with the justice of this House, to come into measures, 
 which may imply a censure upon individuals, much less upon a 
 community hitherto unimpeached in point of good order ; or even 
 to form any judgment upon the matter, until more light shall ap- 
 pear, than the papers, accompanying your message, afford. fTfie 
 House cannot easily conceive, what should determine your Honor 
 so particularly to recommend this instance to the consideration of 
 the Assembly, while others of a much more heinous nature, and 
 dangerous tendency, have passed altogether unnoticed in ^vour 
 message. Your having received the information, while the Gen 
 eral Court is sitting, cannot alter its nature and importance, or 
 render it more or less necessary to be considered by the Legisla 
 ture. The instance, admitting it to be truly represented, in all 
 its aggravating circumstances, certainly cannot be more threatening 
 to government, than those enormities which have been notoriously 
 committed by the soldiery of late ; and, in many instances, have 
 strangely escaped punishment, though repeated more than a second 
 time, and in defiance of the laws and authority of government. 
 
 A military force, if posted among the people, without their ex 
 press consent, is itself one of the greatest grievances, and threatens 
 the total subversion of a free constitution ; much more, if designed 
 to execuf a system of corrupt and arbitrary power, and even to 
 exterminate the liberties of the country. The bill of rights, passed 
 immediately after the revolution, expressly declares, that " the 
 raising and keeping a standing army within the kingdom, in a time 
 of peace, without the consent of Parliament, is against law." And 
 we take this occasion to say, with freedom, that the raising and 
 keeping a standing army within this province, in a time of peace, 
 without the consent of the General Assembly, is equally against 
 law. Yet we have seen a standing army procured, posted and 
 kept within this province, in a time of profound peace, not only 
 without the consent of the people, but against the remonstrance of 
 both Houses of Assembly. Such a standing army must be designed 
 to subjugate the people to arbitrary measures. It is a most violent 
 infraction of their natural and constitutional rights. It is an un 
 lawful assembly, of nil others the most dangerous and alarming ; 
 i and every instance of its actually restraining the liberty of any 
 j individual, is a crime, which infinitely exceeds what the law in- 
 
MASSACHUSETTS STATE PAPERS. 205 
 
 tends by a riot. Surely then, your Honor cannot think this House 
 can descend to the consideration of matters, comparatively trifling, 
 while the capital of the province has so lately been in a state of 
 actual imprisonment, and the government itself is under duress. 
 
 The fatal effects, which will forever attend the keeping a stand-* 
 ing army within a civil government, have been severely felt in 
 this province. They landed in a hostile manner, and with all the 
 ensigns of triumph ; and your Honor must well remember, that 
 they early invested the Manufactory House, in Boston ; a capa 
 cious building, occupied by a number of families, whom they 
 besieged and imprisoned. The extraordinary endeavors of the 
 Chief Justice of the province, to procure the admission of troops 
 into that house, in a manner plainly against law, will not easily be 
 erased from the minds of this people. Surely your Honor could 
 not be so fond of military establishments, as willingly to interpose 
 in a matter which might possibly come before you as a judge. To 
 what else can such astonishing conduct be imputed, unless to a 
 sudden surprize, and the terror of military power in the Chief Jus 
 tice of the province, which evidently appeared to have also arrested 
 the inferior magistrates. 
 
 We shall not enlarge on the multiplied outrages committed by 
 this unlawful assembly; in frequently assaulting his Majesty s 
 peaceable and loyal subjects; in beating and wounding the magis 
 trate, when in the execution of his office ; in rescuing prisoners 
 out of the hands of justice; and finally, in perpetrating the most 
 horrid slaughter of a number of inhabitants,* but a few days before 
 the sitting of this Assembly, which your Honor must undoubtedly 
 have heard of. IjujLqot the least notice^oXJhese outrageous of^ 
 fences has-been taken; nor can we fiWrtnemosTdistant hint of tne 
 late mHuman anH barbarous action, either in your speech, at the 
 opening of the session, or even in this message, to both* Houses. 
 These, vioteace&j ^requently committed, added... to the most 
 rigorous^jmd oppressive prosecutions, carried on by the Crown 
 against IKe subjects , grounded upon unconstitutional acts ; 
 and in the Court of Admiralty, uncontroled by the Courts of 
 Common Law, have been justly alarming to the people. The 
 HisnrfWj which your Honor so earnestly recommends to^ffie 
 consideration^XJthk^Assembiyy very -probably took iis rise from 
 such provocations, ike use, tnereiore, which we shall make of 
 T17e information in your message, shall be to inquire into the grounds 
 of the people s uneasiness, and to seek a radical redress of their 
 grievances. Indeed, it is natural to expect, that while the terror 
 of arms continues in the province, the laws will be in some 
 degree silent. But when the channels of justice shall be again 
 opened, and the law can be heard, the person who has com 
 plained to your Honor, if he has truly represented his case, will 
 have his remedy. W r e yet entertain hopes, that the military pow- 
 
 * The massacre of March 5, 1770. ***** 
 
206 MASSACHUSETTS STATE PAPERS. 
 
 er, so grievous to the people, will be removed from the province, 
 to stations where it may better answer the design, for which it was 
 originally raised. Till then, we have nothing to expect, but that 
 tyranny and confusion will prevail in defiance of the laws of the 
 land, and the just and constitutional authority of government. 
 
 We cannot avoid, before we conclude, to express the deepest 
 concern, that while the people are loudly complaining of intoler 
 able grievances, the General Assembly, itself, has just reason to 
 remonstrate against a violent and repeated infringement of their 
 constitutional right. In order to avoid the most flagrant impro 
 priety of its being kept in a garrisoned town, it was the last ses 
 sion, as it were, driven from its ancient and legal seat ; and even, 
 now, it is held in this place, at a distance from its offices and 
 records, and subject to the greatest inconveniences, without any 
 necessity, which we can conceive, or the least apparent reason. 
 These alarming considerations have awakened and fixed our atten 
 tion ; and your Honor cannot think, we can very particularly 
 attend to things of less moment, within the jurisdiction of the Exec 
 utive Courts, at a time, when, in faithfulness to our constituents, 
 our minds are necessarily employed in matters which concern the 
 very being of the constitution. 
 
 [The committee were, Col. Otis, Mr. Williams, of Taunton, 
 Maj, Hawley, Mr. Adams, Mr. Otis, Mr. Hancock, and Mr. San 
 ders, of Gloucester.] 
 
 NOTE. 
 
 At the session in April, 1770, T. Gushing;, the Speaker, being 
 unable to attend, by reason of sickness, John Hancock was chosen 
 Speaker, pro tern. ; but the Lieutenant Governor did not approve 
 of him, and Col. J. Warren was then chosen. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT 
 GOVERNOR, MAY 31, 1770. 
 
 May it please your Honor, 
 
 BEING returned, by our respective towns, to represent them 
 in the great and General Court or Assembly of this province, di 
 rected by his Majesty s writ, under your hand and seal, to be con 
 vened at Harvard College, in Cambridge, *We beg leave to repre 
 sent to your Honor, our opinion, that the only writ, established by 
 law, for convening a General Assembly, is apparently formed 
 upon a supposition, that the Town House, in Boston, is the only 
 place, where the said Assembly is to be convened, held and kept. 
 
MASSACHUSETTS STATE PAPERS. 207 
 
 Our fathers, in 1721, were evidently of opinion, that the conven 
 ing, holding and keeping the Assembly at any other place, was 
 contrary to the act of this province, of the 10th of William the 
 Third, which establishes the form of the writ. Accordingly, when 
 the Assembly was then adjourned to this place, though the Provi 
 dence of God had rendered it impossible for them, consistent with 
 safety to their lives, to meet in Boston, by reason of a contagious 
 distemper, which raged there, Governor Shute declared, that he 
 did not mean the adjournment should ever after be drawn into 
 precedent 5 and the three branches of the Legislature passed a re 
 solve, to make valid their proceedings ; which they would not 
 have done, if they had thought the adjournment from the Town 
 House, in Boston, however necessary, had been consistent with 
 the before mentioned legal establishment. 
 
 Indeed, in 1729, Governor Burnet, without any such necessity, 
 ordered the Assembly to be convened at Salem ; but the Repre 
 sentatives of the people then remonstrated to the Governor against 
 the illegality of the measure ; and although he insisted upon it, 
 they never yielded the point. We do not recollect any other in 
 stance of the removal of the Assembly from Boston, except in 
 cases of the same necessity with that in 1721. But, in the present 
 case, not the least shadow of necessity appears 5 for no instruc 
 tions, or orders, from any authority, inferior to that of the whole 
 Legislature^xan avail with your Honor, to set aside a legal estab- 
 lishment. (How far you may be bound, by the instructions you 
 may have received, is not for us to determine ; but when such in- 
 structions shall, in their operation, infringe on the legal and es 
 sential rights of this Assembly, you cannot JiWt expect they will 
 awaken our attention, ami alarm our jealousy^) 
 
 If we could possibly admit, that the law above mentioned, did not 
 absolutely determine the Town House, in Boston, to be the estab 
 lished seat of this Assembly, and that it, therefore, remained a 
 prerogative of the Crown, in your Honor s discretion, to remove 
 it to this, or any other place, it ought always to be remembered, 
 that the prerogative is a discretionary power, in some instances, 
 vested in the King only, for the good of the subject. We cannot 
 presume, that his Majesty would exercise that power, or suffer 
 any servant of his to exercise it to a different end. " The prerog 
 ative of the Crown extends not to do any injury ; for being created 
 for the benefit of the people, it cannot be exerted to their prejudice." 
 But the continuance of the Assembly in this place is not only at 
 tended with very great inconvenience to us, being at a distance 
 from our offices and records ; is not only contrary to the ancient 
 custom and usage of the Assembly ; in direct repugnance to the 
 constitution and establishment aforesaid ; but is also, in many re 
 spects, so far from tending to the good of the subjects, that it ex 
 tends to their injury and prejudice. And we would particularly ob 
 serve upon the great impropriety of the Assembly being held in 
 
208 MASSACHUSETTS STATE PAPERS. 
 
 this place, as it is an invasion of private property, arid a perver 
 sion of the true design of our forefathers, in planting this seminary 
 of learning ; and it may also hereafter be made a precedent for 
 establishing the authority of the College in very different hands 
 from those in which its happy constitution has placed it. 
 
 For the above mentioned reasons, we think it our indispensable 
 duty, before we proceed upon the business of the Assembly, to re 
 monstrate to your Honor, against its being held in this or any 
 place, other than the Town House, in Boston. 
 
 [The remonstrance above, passed the House the SOth, being the 
 first day of the session ; but the Lieutenant Governor, not being in 
 the chair, it could not be presented that day. The House, there 
 fore, ordered the following protest to be entered on their journal.] 
 
 PROTEST 
 
 OF THE HOUSE OF REPRESENTATIVES, ADOPTED AND ENTERED ON THEIR 
 JOURNAL, MAY 30, 1770. 
 
 WHEREAS, this House hath passed a remonstrance to his Honor 
 the Lieutenant Governor, against holding the General Court in 
 this place, or any other, than in the Town House, in Boston ; which 
 remonstrance cannot now be presented, his Honor not being in the 
 chair ; and whereas, according to the royal charter of this province, 
 it is necessary that this Court proceed to the choice of Counsel 
 lors, for the year ensuing, on this day, being the last Wednesday 
 of May : Therefore, resolved, that this House do proceed to the 
 said election of Counsellors, at this time, only from necessity ; 
 protesting against its being drawn into precedent at any time 
 hereafter, or considered as a voluntary receding of the House 
 from their constitutional claim. 
 
 SPEECH 
 
 OF THE LIEUTENANT GOVERNOR, TO BOTH HOUSES, MAY 31, 1770. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 NOT having received any special commands from his Majesty, 
 to be communicated to you, I have only to recommend to your 
 consideration, the public business of the province, which it has 
 
MASSACHUSETTS STATE PAPERS. 209 
 
 been usual for the General Court to act upon, at this season of 
 the year. 
 
 Analagous to the constitution of the Supreme Legislature, it is 
 with you, gentlemen of the House of Representatives, to originate 
 a bill for supplying the treasury with a sum sufficient to defray 
 the necessary charges of government ; an estimate of which, the 
 Treasurer will lay before you. The consideration of the tax for 
 the present year, comes also within the same rule. For several 
 years past, the taxes have been much reduced, and in one year, 
 there was no provincial tax ; a large public debt, therefore, still 
 remains, with which the present year is burdened ; and you will, 
 I doubt not, think it greater than your constituents can con 
 veniently discharge at once. I am ready to give my consent to a 
 bill for reducing this sum, and charging a part of it upon a future 
 year; but, out of regard to the public interest, I cannot help put 
 ting you in mind, that, although we are now in a state of peace, 
 yet, from the vicissitudes to \vhich all human affairs are liable, and 
 from the present commotions in Europe, the time of our continu 
 ance in this state, is very uncertain ; and his Majesty s British 
 dominions may, ere long, be again involved in war. If we shall 
 have then a large public debt remaining, it will be a heavy clog 
 upon us, and we may see, too late, that it is good policy, in times 
 of peace, to discharge the debts incurred in times of war. If I 
 am rightly informed, some of the other colonies are entirely free 
 from their debts, contracted in the last war; and all of them are 
 more so, in proportion, than we are. > 
 
 I will not determine, gentlemen, but I pray you to consider, 
 whether the discontinuing the excise upon spiritous liquors, which 
 used to ease the tax upon polls and estates, has been of advantage 
 to the province, or whether it is not probable that it has only 
 caused a proportionably greater unnecessary consumption of such 
 liquors, to the detriment of the health and morals of the people. ^J 
 
 Gentlemen, 
 
 A multitude of petitions came before the General Court the last 
 year, some of which, seemed to be of very small importance, and I 
 thought it hardly consistent with the dignity of the Court, to take 
 cognizance of them. The Assembly then passed one act, which 
 had a tendency to lessen the number of private petitions ; and I 
 should be glad if further expedients could be agreed upon to the 
 like purpose. 
 
 I wish for a happy harmony in the Legislature, and I will most 
 readily concur with you, in every measure you shall propose, as 
 far as can consist with my duty to the King, and the regard I bear 
 to the interest of the province. T. HUTCH INSON. 
 
 07 
 
210 MASSACHUSETTS STATE PAPERS. 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 
 MAY 31, 1770. 
 
 Genll&men of the House of Representatives; 
 
 \J3Y the charter, the Governor has the power of adjourning and 
 proroguing the General Assembly. There is no limitation of time 
 or place. Can it be supposed, that, merely by force of the form of 
 a writ, for calling the General Assembly, this power is taken away 
 or abridged ? Will it not rather be supposed, that the word " Bos 
 ton" in this writ, is rnorp ninitte 1 tf fyrmj; especially when it is 
 considered, that it wiIT~5e" equally necessary for the writ to be 
 dated at Boston ; for that is a part of the form, as it is for the Court 
 to be convened there ? Now it must, in the very nature of the 
 thing, be perfectly indifferent in what place the writ is datec3 
 
 I am sensible there have been disputes upon this point, both in 
 Governor Shute s and Governor Burnct s administration. But in 
 Governor Burnet s time, the dispute, as I apprehend, was settled ; 
 and I cannot help being of opinion, that you are moving a matter 
 which has been more than forty years at rest ; and I must put you. 
 in mind, that in 1737, the King, for the more convenient carrying 
 into execution a commission for settling the line between this 
 province and New Hampshire, instructed the Governor to remove 
 the General Court to Salisbury, where more than one session was 
 held. Whether this was necessary, I will not determine. But if 
 it was necessary, I know that his Majesty was the sole judge of 
 the necessity. I was then a Member of the House ; and do not 
 remember a word to have been said of the illegality of holding the 
 Court in any other town than Boston. The point had been settled 
 a few vears before, and was fresh in the memory of the House. 
 
 If the removal of the Court to Cambridge, had been illegal, I 
 do not think I could have justified myself in such removal. I am 
 sure his Majesty never intended that his instructions should super 
 sede or control the law. 
 
 I agree with you, that the prerogative of the Crown does not 
 extend to do any injury 5 but I cannot admit, that the exercise of 
 the prerogative, in this particular instance, is an injury. I persuade 
 myself, you intend no more than to represent to me your opinion, 
 that though it should be admitted to be legal, yet it is inconvenient 
 to^pju, and to the College. 
 
 f If you desire me to adjourn or prorogue the Court to any other 
 pfaTe in Cambridge, than the College, I will immediately do it ; 
 and to such place, where you may be best accommodated ; but 1 
 cannot remove the Court from Cambridge, until I know more of 
 his Majesty s pleasure, than I do at present ; for, as I had occasion 
 to observe to the last Assembly, I must govern myself by his 
 
MASSACHUSETTS STATE PAPERS. 211 
 
 Majesty s pleasure, as it shall be signified to me, in all cases ; in 
 which, otherwise, I might have a right to act, or not to act, accord 
 ing to my own discretion. For it appears to me to be preposterous 
 to suppose, that the sole power, given to the Governor, of pro 
 roguing or dissolving the Court, was intended, as some would have 
 it, to exclude the King from his right of controling the Governor. 
 Nothing can be more manifest, than that it is intended for no 
 other purpose, than to exclude both the other branches of the 
 Court from any share in this powjejp 
 
 I have transmitted every thing which passed the last session of 
 the Court, on this subject, to be laid before his Majesty. I shall 
 do the same with the message you have sent me, and this, my an 
 swer to it ; and, I have no doubt, the royal determination will be 
 such as to give no just cause of complaint. 
 
 T. HUTCHINSON. 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 
 JUNE 5, 1770. 
 
 Gentlemen of the House of Representatives, 
 
 You have sent to me a verbal message, by a committee, who 
 have desired a copy of my instruction, or instructions, relative to 
 my convening the General Court at Harvard College. I have no 
 instruction for convening the Court at Harvard College, and I am 
 willing to adjourn or prorogue it, to any part of the town of Cam 
 bridge, where it can be accommodated. 
 
 My orders are sufficient to convince me, that it is his Majesty s 
 pleasure the Court should be held in Cambridge; but I am not at 
 liberty to lay a copy of those orders before the House, being re 
 strained by "a general instruction, which requires me to make no 
 copies of letters, or papers, from the Secretary of State, public, 
 \vithout special leave first given me so to do. I take no pleasure 
 in refusing to comply with the request of the House, but you will 
 not expect me to do any thing inconsistent with my duty to the 
 Kinff. T. HUTCHINSON. 
 
MASSACHUSETTS STATE PAPERS. 
 
 REPORT AND RESOLUTIONS. 
 
 [After the above message was read, a committee was appointed, 
 composed of the Members following, viz. T. Gushing, (the Speak 
 er,) Mr. Adahis, Mr, Leonard, Maj. Hawlev, Mr. Hancock, Mr. 
 Porter, Col. Worthineton, Capt. Sheafte, and Col. Warren, to 
 consider what may be further proper to be done, while the Gen 
 eral Assembly is held out of the Town House, in Boston. The 
 6th of June they made report, which was accepted, ninety-six to 
 six. The report was as follows :] 
 
 IN and by an act of this province, made and passed in the tenth 
 year of his late Majesty, King William the Third, it is -enacted, 
 that the writ, to be at any time thereafter issued by the Governor, 
 or Commander in Chief of the said province, shall be in the form 
 following, viz. [Here the form of the writ was recited, and it re 
 quired that the persons chosen to be Representatives of the people, 
 should convene at the Town House, in Boston, where the General 
 Assembly was to be held and kept.] Wherefore, inasmuch as no 
 other writ could be issued for convening a General Assembly, and 
 the place where it should be convened, held and kept, was ex 
 pressly declared, in and by said writ, to be the Town House., in 
 Boston, it was the opinion of the House of Representatives, in the 
 last year, that the above mentioned act, by establishing that to be 
 the form of said writ, had established the Town House, in Boston, 
 as the only legal place for convening, holding and keeping the 
 General Assembly. 
 
 Nor was that a novel construction of said act ; for in the year 
 1721, under the administration of Governor Shute, when the small 
 pox raged in the town of Boston to such a degree, as that the 
 General Assembly could not be held there, without endangering 
 the lives of the Members, (for which reason the three branches of 
 the Court were desirous of its being removed,) the two Houses re 
 fused to pass one governmental act, out of the town of Boston, un 
 til they had passed a resolve to make such acts valid. To which 
 resolve, his Majesty s Representative gave his assent ; and en 
 gaged, on his part, that the removing of the Court there, should 
 not be drawn into precedent for the removing of the Court from 
 Boston, for the future. 
 
 It must be absurd to suppose that the words, " Town House, in 
 Boston," were inserted in the writ, through inadvertence ; and 
 thus much, at least, may certainly be inferred, from their being 
 inserted : that at the time of enacting said law, it was the common 
 understanding and consent of all the branches of the Court, that 
 the Town House, in Boston, was the most proper and convenient 
 place for holding the General Assembly ; and that it would always 
 be held there, extraordinary cases excepted. 
 
MASSACHUSETTS STATE PAPERS. 213 
 
 Especially, considering that the General Court had, before, by a 
 perpetual act of the 5th of William and Mary, made provision for 
 upholding and repairing the Town House, in Boston, for the hold 
 ing of the General Assembly; and that it hath generally been 
 the understanding and sense of the three branches of the General 
 Assembly ever since, that the Town House, in Boston, was the 
 established place for holding the General Court, appears by their 
 rebuilding, with the province monies, the Town House, in Boston, 
 when it was consumed by fire 5 and their procuring at Boston, an 
 elegant mansion house, for the residence of the Governor ; and 
 also by their repairing and upholding them, for the same purpose, 
 to this day. v 
 
 But if it could be admitted that the above mentioned act, of the ] 
 10th of William, is not conceived, in such express terms, as to 
 abridge the King s prerogative, and that the right of assigning the 
 place for the sitting of the General Assembly, still remains a pre 
 rogative of the Crown, at the discretion of the Governor of this 
 province; yet he can by no means be justified, or excused, in 
 holding the General Assembly out of the town of Boston, contrary 
 to their entreaties and remonstrances, to their manifest injury, and / 
 when no one good purpose can be served hereby. >** 
 
 The prerogative is a discretionary power, in some instances, 
 vested in the King, for the good of the subject. " It extends not 
 to do an injury ; for being created for the benefit of the people, it 
 cannot be exerted to their prejudice." But the holding the Gen 
 eral Assembly at Cambridge, is greatly prejudicia^to the whole 
 province, as well as to the Members of the Court. Qt deprives the 
 General Assembly of the house provided for their accommodation ; A^ V ^ R< 
 and, at the same time, obliges us t<be dependant on the owners -Ae &x (S< 
 of private property, for the place of holding the Assembly. ^rllm <cf 
 
 It, in a great measure, deprives the Assembly of the benefit of I 
 
 the public offices, and records of the province; and thereby very 
 much obstructs and retards the public business. 
 
 It also, in a great degree, prevents a communication between 
 the Members of the House of Representatives and their con 
 stituents ; and in many cases, at this critical time, renders them 
 unable to guide their measures by the sentiments of their princi 
 pals ; and it is inconvenient to the Members, as they cannot be so 
 well accommodated, as in the place where the Assembly has been 
 wont to be heldTN 
 
 There have ""been some few instances of the General Court- s 
 being held out of the town of Boston ; but they were all in extra 
 ordinary cases, when the necessity of the removal of the Court 
 was notorious, or when, from some special emergency, all were 
 convinced of the expediency of the measure, and tacitly consenting 
 to it, as in the instance under the administration of Governor 
 Belcher. Excepting one instance, in the year 1729, when Gov 
 ernor Burnet, in a wanton and arbitrary manner, removed the 
 
 - 
 
214 MASSACHUSETTS STATE PAPERS. 
 
 Court to Salem ; evidently designed, by that constraint, to force 
 them to make a perpetual establishment of the Governor s salary, 
 and thereby to relinquish an essential right of the Commons of this 
 province ; and he gave it, as one reason for his extraordinary con 
 duct, that " the inhabitants of Boston used endeavors to work on 
 the minds of the Representatives, to bring them to their way of 
 thinking ;" thereby insinuating, that the Representatives of the 
 people ought not to be influenced by the reasonings and arguments 
 of the people without doors. But that arbitrary and injurious re 
 moval of the General Assembly from its ancient seat, favoring 
 more of despotism than a due exertion of the prerogative of a 
 British Prince, will never be mentioned as a constitutional prece 
 dent, by any friend to the British constitution, especially as the 
 House of Representatives did then, to their great honor, remon 
 strate and protest against it. 
 
 Wherefore, inasmuch as the General Assembly of this province, 
 notwithstanding the entreaties, remonstrances and protest of the 
 House of Representatives, to the contrary, was the last year con 
 tinued at Cambridge ; and now, a new Assembly is convened ; and 
 against the remonstrance of this House, to the great inconvenience 
 of its Members, and the injury of the province, without any neces 
 sity, or the least probability of serving one good purpose, is con- 
 \ strained to hold the session at Cambridge : 
 
 p/ h\\)fcy Resolved, As the opinion of this House, that upon a supposition, 
 that it still remains a prerogative of the Crown, in the discretion 
 of the Commander in Chief of this province, in any case of neces 
 sity or special emergency, to remove the General Assembly out of 
 the Town House, in Boston, yet the convening and holding the 
 Assembly, in Cambridge, is, in this instance, a very great 
 grievar.ce. 
 
 And, as his Honor the Commander in Chief, has not thought fit 
 to communicate any reason for the convening and holding this 
 Assembly, in Cambridge ; but that he has been instructed by his 
 Majesty," so to do ; and being requested to lay before this House a 
 copy of such instructions, he has declined : The House are utterly 
 at a loss to conceive any good reason, for thus convening and 
 holding the Assembly here. 
 
 And as the prerogatives of the Crown, however salutary, when 
 they are exerted for the good of the people, have the most per 
 nicious tendency, when exerted to their prejudice ; and such exer 
 tions, unchecked, may overthrow the constitution itself; we can 
 not view the present situation of the General Assembly, in any 
 other light, than as truly alarming. And it is become our indis 
 pensable duty, as the guardians of the people s rights, now to 
 make a constitutionalj^ajxd. 
 
 *" And, as < ttTe~fi5rTne7~House of Assembly, rather than maintain 
 any controversy with the Lieutenant Governor, submitted to the 
 grievance, in hopes that it would not be continued, but be speedily 
 
MASSACHUSETTS STATE PAPERS. 215 
 
 redressed ; yet, inasmuch as the prayers, entreaties, remonstran 
 ces, and protests of this, and the former House, have, hitherto, 
 effected no relief; and the proceeding to public business, at Cam 
 bridge, may be construed as a tacit submission, and may render 
 abortive all future measures to obtain a redress of this grievance : 
 
 Resolved, That, notwithstanding there are matters now lying 
 before the Assembly, of very great importance, and which we are 
 desirous of entering upon and completing 5 nevertheless, it is by 
 no means expedient to proceed to business, while the General 
 Assembly is thus constrained to hold their session out of the town 
 of Boston. 
 
 Resolved, That his Honor the Lieutenant Governor be address 
 ed, to remove the General Assembly to its ancient and usual seat, 
 the Town House, in Boston. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT 
 GOVERNOR, JUNE 7, 1770. 
 
 May it please your Honor, 
 
 THE House of Representatives have taken into consideration 
 the state of the province, with regard to the moving the General 
 Assembly out of the town of Boston ; and. by a majority of 96, out 
 of 102 Members present, have resolved, that the convening, hold 
 ing, and keeping the great and General Court out of the said 
 town of Boston, to the manifest injury of the province, and the 
 great inconvenience of the Members of both Houses, without any 
 necessity, or the least probability of serving any one good purpose, 
 notwithstanding the prayers, entreaties, remonstrances, and pro 
 testations of this and the former House to the contrary, is a very 
 great grievance ; and that it is by no means expedient to proceed 
 to business, while the General Assembly is thus constrained to 
 hold their session out of the town of Boston. And as there are 
 matters now lying before the Assembly, of very great importance, 
 which they are very desirous of entering upon, and completing, 
 they humbly pray that your Honor would be pleased to remove 
 the great and General Court to its ancient, usual, and only con 
 venient seat, the Town House, in Boston. 
 
 [The committee who prepared the above, were, S. Adams, J. 
 Adams, J. Hancock, Col. Warren, and S. Leonard. J. Adams, 
 Esq. was this year elected a Member from Boston, in the room of 
 J. Bowdoin, Esq. chosen into the Council.] 
 
216 MASSACHUSETTS STATE PAPERS, 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTA 
 TIVES, JUNE 7, 1770. 
 
 Gentlemen of the House of Representatives, 
 
 (l THINK it my misfortune, that so great a majority of your 
 House, as 96 in 102, should appear to differ from me, in sentiment, 
 upon any public measure. I have told you, that I have not the 
 least doubt of the legality of my adjourning or proroguing the 
 Court to any town in the province. The place, as well as time of 
 its meeting, is left to the Governor. The Governor is the servant 
 of the King, and by his commission, is to govern the province, ac 
 cording to the charter, and according to such instructions, as he 
 shall, from time to time, receive from the King. Without a viola 
 tion of my instructions, I cannot now remove the Court from 
 Cambridge to Boston ; I am afraid of incurring his Majesty s dis 
 pleasure, if I should do TO I am as sensible, as you can be, that 
 there are many importaTu matters lying before the Court. I am 
 also sensible, that the necessity of their being acted upon, is so 
 great, that, even on your own principles, you may be as fully jus 
 tified, in proceeding to act upon them, as the House of the last 
 year could be justified for the business they did, or as you will be 
 able to justify yourselves, for what you have already done, the pre 
 sent session. 
 
 Does it not appear to you, of necessity, that the act of the pro 
 vince, which requires the Treasurer to issue his warrant for levy 
 ing a tax of more than eighty thousand pounds, should be repealed 
 in part ? Will it be safe for you to leave Castle William and Fort 
 Fownal without any establishment ? Are you willing, the act for 
 limitation of suits at law, which has been often suspended, should 
 now take place ? To omit the mention of many other laws, which 
 I believe you judge necessary to be continued or revived. Would 
 you be willing, the enemies of our happy constitution should have 
 it in their power to say, that when the Governor had caused the 
 General Court to be convened, pursuant to the powers reserved to 
 him by the charter, the House of Representatives refused to do 
 business, because he had convened it at Cambridge ; and, in their 
 opinion, without an^jiecessity, or the least probability of serving 
 any good purpose ? \Would not the construction of my conduct be, 
 if I should carry you To Boston, after this message to me, that I 
 had given up, to the House-of Representatives, the power reserved 
 by the charter to the Crown^ 
 
 In 1747, or 1748, when Tme Court House, in Boston, had been 
 consumed by fire, the major part of the then House of Representa 
 tives was averse to rebuilding it, and disposed to build a house for 
 
MASSACHUSETTS STATE PAPERS. 217 
 
 the General Court, in some town in the country. Being then one 
 of the Representatives of Boston, I used my influence, in every 
 way I could, with propriety, in favor of rebuilding the Court House, 
 in Boston ; but finally could prevail thus far, and no farther. The 
 House, upon the question whether a grant should be made, for 
 rebuilding the Court House, was equally divided ; and I, being 
 then Speaker of the House, gave my casting vote in favor of the 
 town. 1 have still a very good affection for the town of Boston. 
 I was then the servant of the town, and know I was acting the 
 mind of my constituents. I am still satisfied I did my duty. I 
 now consider myself as the servant of the Crown. I know his 
 Majesty s pleasure, and I am doing my duty in acting according 
 to it ; and, if you should finally refuse to do business at Cambridge, 
 Which I hope vou will not, all the ill consequences will be at 
 tributed to you, and not to me. T. HUTCHINSON. 
 
 REASONS 
 
 OF THE HOUSE OF REPRESENTATIVES, FOR ADHERING TO THEIR RESOLU 
 TIONS OF THE SIXTH, THAT IT WAS NOT EXPEDIENT TO PROCEED TO 
 BUSINESS, WHILE THE GENERAL ASSEMBLY WAS HELD OUT OF THE 
 TOWN HOUSE, IN BOSTON, ADOPTED JUNE 12, 1770. 
 
 AT present, the House waive any further observations on the 
 legality of convening, holding, and keeping the General Assembly 
 out of the Town House, in Boston. The " power of calling Par 
 liaments in England, as to precise time, place, and duration, is an 
 acknowledged prerogative of the King ; but still it is with this 
 trust, that it shall be made use of for the good of the nation, as 
 the exigency of the times, and variety of occasion, shall require." 
 Wisdom and goodness will always direct to such places for them 
 to assemble in, as shall be most subservient to the public good, and 
 best suit the ends of Parliament. " Prerogative is a power to act 
 according to discretion, for the public good :" but when mistake 
 or flattery have prevailed with weak princes, to make use of this 
 power for private ends of their own, and not for the public good, 
 the people have, sometimes, by express laws, got the prerogative 
 determined, in those points wherein they found a disadvantage 
 from it. 
 
 It has been found, by long experience, that the Town House, 
 in Boston, is the only convenient place for holding the General 
 Assembly of the province. No alteration can, therefore, be made, 
 unless some occurrence of times, or change of affairs, shall require 
 it. Without those, the convening and holding the Assembly in 
 28 
 
218 MASSACHUSETTS STATE PAPERS. 
 
 any other place, is a wanton exercise of power, which ought to be 
 withstood 5 a grievance which ought to be redressed. While Par- 
 liamfrnts are duly cautious, they will forever be watchful, lest a 
 power be exerted to the injury of the public, under the pretext of 
 prerogative. Such is the imperfection of human nature, as to ren 
 der discretionary power, however necessary, always in a greater 
 or less degree dangerous 5 and the wickedness of men has very 
 often prompted them to make an ill use of it. If it should be ad 
 mitted that the Governor of this province has still, by law, the 
 power of convening, holding and keeping the General Court in any 
 town, out of Boston, yet the House have as clear a right, by law, 
 to inquire into the exercise of this power, and to judge for them 
 selves, whether it be wisely and beneficially, or imprudently and 
 arbitrarily, exercised. And it is their duty, as well as their right, 
 to remonstrate against all undue and oppressive exertions of a le 
 gal, as much as against a claim and exercise of an usurped pre 
 rogative. There are prerogatives in the Crown, which may be 
 exercised to the destruction of the constitution, and the ruin of 
 the people. 
 
 To consider more closely the prerogative now claimed and ex 
 ercised by the Lieutenant Governor. In one of his messages to 
 the House, he says, " by the charter, the Governor has the -sole 
 power of adjourning and proroguing the General Assembly 5 there 
 is no limitation of time or place." And in another, " I have not 
 the least doubt of the legality of my adjourning and proroguing 
 the Court to any town in the province. The place, as well as time 
 of meeting, is left to the Governor." Admitting this to be true, 
 it is in the power of the Governor to carry the Assembly from one 
 extreme part of the province to another, adjourning them from 
 place to place, till the year expires, or perhaps till he shall have 
 worried them into a compliance with some arbitrary mandate, to 
 the ruin of their own and their constituents liberties. If this 
 would be legal, it would be attended with consequences as fatal, 
 as if it were illegal. None, therefore, can doubt, but it would be 
 the duty of the two Houses, firmly and earnestly to remonstrate 
 against it ; to make a stand, if their remonstrances should prove 
 ineffectual, and refuse to attend him, in his absurd career. The 
 supposition now made, is only carrying the doctrine to its just and 
 necessary consequences. The present case is the same in kind, 
 though not in degree. The Assembly is removed from its ancient, 
 usual, and only convenient place. This may be the first stage in 
 an intended circuit ; without one reason assigned, or any good 
 one conceivable by this House. Indeed, we are told, it is in obe 
 dience to instructions ; but we are not to be indulged with a sight 
 of such instructions. The Lieutenant Governor has expressly 
 said, that he is restrained from making a copy of them public. 
 Such a severity has awakened and fixed our attention. It is, in 
 deed, alarming ; for it is not usual for a well advised prince to 
 
MASSACHUSETTS STATE PAPERS. 219 
 
 withhold from his subjects the grounds he may have for the exer 
 cise of a prerogative, which regards only the administration of the 
 civil government. 
 
 His Honor is pleased to say, that he cannot remove the Court 
 to Boston, without a violation of those instructions : but as it is 
 impossible for any man, more especially at the distance of three 
 thousand miles, to foresee the fittest place for holding the Assem 
 bly, or the emergencies which may render it impracticable for it 
 to be held in any particular place, it is rather to be supposed he is 
 mistaken, when he apprehends such instructions to be indispensa 
 ble. And he further says, that as, by his commission, he is to 
 govern the province according to the charter, as well as according 
 to such instructions as he shall, from time to time, receive, it is 
 natural to conclude that he is still left to act with his own dis 
 cretion; and that, when circumstances take place to render it im 
 possible, consistent with the public gotvl, that the Assembly should 
 meet at one certain place, or more eligible for it to be held in any 
 other, he may act his own judgment therein, especially considering, 
 that, by the charter, he is expressly vested with the power of ad 
 journing and proroguing the General Assembly, as he shall, from 
 time to time, judge necessary. But if there be such peremptory 
 and absolute instructions, we have reason to conclude, that the 
 ministry thereby intended to insult the General Assembly, and 
 make them meanly compliant for time to come. Past experience 
 serves to increase this apprehension. The Assembly, the last 
 year, suffered the greatest indignity ; surrounded, while sitting, 
 by a military guard, with cannon at their doors, to affront or awe 
 them ; and when they remonstrated against the high breach of 
 their privilege, they, and not the soldiers, were made to give way. 
 Can freedom and dignity, then, exist in an Assembly, that can 
 tamely brook such usage ? Would it not be betraying the consti 
 tution, and the rights of this Assembly, to proceed to business, 
 while we are thus constrained to hold the session here ? Besides, 
 is there nothing further to apprehend ? If the Assembly should, 
 in this situation, proceed to do business, act uprightly, and accord 
 ing to their consciences, and thereby give further umbrage to a 
 despotic Minister 5 may they not expect to be convened, held and 
 kept in a state still more humiliating and disgraceful, until they 
 .-.hall become sufficiently ductile and obsequious ? Indeed, we 
 cannot find that ever a Parliament was prorogued in England, or 
 summoned to any place, for the sake of punishing the Members, 
 or putting them to any inconvenience. This is not the method of 
 managing an English Parliament. They have, sometimes, even re 
 fused to be dissolved, till they have done the business of the na 
 tion ; and, at other times, they have declined to obey the summon?, 
 of the King, by his writ, to attend, when called for a purpose they 
 disliked, and to a place where they thought they should be und 
 any awe or restraint. As particularly, in the 28th of Henry VI. 
 
220 MASSACHUSETTS STATE PAPERS. 
 
 when it was resolved, that the conduct of the Duke of Suffolk 
 should undergo a national inquiry. " The Queen, apprehensive 
 of the danger her favorite was in, from such a procedure, did all 
 she could to prevent it ; first, by endeavoring to hinder a Parlia 
 ment from being called ; and next, when she could not avoid that, 
 by having it summoned to meet at Leicester ; where, in a country 
 town, she imagined her numerous attendants might overawe the 
 Members. But the Lords and Commons, who knew they were 
 safe, under the protection of the city of London, positively refused 
 to meet at all, unless they were appointed to come to Westmin 
 ster." 
 
 His Honor mentions, as the House had done before, the im 
 portant matters lying before the Court, and the necessity of their 
 being acted upon. But these important matters may, to much bet 
 ter purpose, as well as with greater convenience, be acted upon in 
 the Town House, in Boston, where the records of the province are 
 kept ; and besides, the greater the importance of the business is, 
 the stronger is the reason why the Assembly should act upon it in 
 the metropolis, where there is usually a concourse of the people 
 from all parts of the province, whose reasonings and arguments, 
 upon matters of public importance, ought forever to be regarded. 
 Wise Parliaments have always reaped great advantage from the 
 wisdom of the people, without doors ; and have frequently been 
 adjourned to a distant time, when such matters have been brought 
 on, that they might have the opportunity of consulting their con 
 stituents. 
 
 His Honor, in his message, has introduced an anecdote, con 
 cerning his own conduct, when Speaker of the House, in 1747 or 
 1748 5 but to what purpose, is not easy to discover, or conceive. 
 He seems to insinuate, without affirming, that his own judgment 
 then was, and still is, in favor of the sentiments of the present 
 House, that the Town House, in Boston, is the most convenient 
 seat of government. But if this was not his meaning, his conduct 
 at that time, whether it proceeded from his own opinion, or was 
 merely in compliance with the minds of his constituents, which he 
 has been pleased to leave ambiguous, (as he has, whether his pre 
 sent conduct is merely in obedience to instructions, against his own 
 judgment, or whether his own judgment is conformable to his in 
 structions,) is a full justification of the House, as far as his Honor s 
 example can justify them ; for the House are well assured, that 
 the minds of their constituents, at this day, are, that the seat of 
 government should be in Boston, and not elsewhere. 
 
 Another insinuation in his Honor s message, is, that heretofore 
 the province has been doubtful whether Boston was the most con 
 venient seat of government, or ot. 
 
 But we have great reason to question, whether one half, or one 
 quarter of the province, ever thought, in earnest, of building a State 
 House, out of Boston, notwithstanding the division of the House, 
 
MASSACHUSETTS STAfE PAPERS. 221 
 
 in 1747 or 1748, upon the question, whether a grant should be 
 made for rebuilding the Town House, in Boston, or not. The di 
 versity of opinions upon the question in the House, at that time, 
 arose, as we conceive, from a concurrence of many oj;her causes, 
 which we have not time now to enumerate, and the party who were 
 against the grant, were, most of them, as we have reason to be 
 lieve, against it from other particular views, motives and designs, 
 not from any opinion that Boston was not the best seat of govern 
 ment. But, h:id the House then been fully for removing the seat of 
 government into the country, we are convinced that many alarm 
 ing events and occurrences have happened, since that time, which 
 have placed the expediency, if not the necessity, of holding the 
 General Court in Boston, beyond all dispute. 
 
 We are also told, that " we may be as fully justified, even on 
 our own principles, in proceeding to act upon these matters of 
 public importance, as the House of the last year could be justified 
 for the business they did, or, as we shall be able to justify ourselves, 
 by what we have already done the present session." Thus we 
 find one instance of a compliance of a former House, makes way 
 for a new demand. The last House submitted to all the incon 
 venience and hardships to themselves, and injuries to the prov 
 ince, which arose by their sitting at Cambridge ; and their conde 
 scension is now quoted as a precedent, and an argument for our 
 submitting to the grievance, also. This certainly affords a good 
 reason for the House to adhere to their resolution, to prevent the 
 establishment of such a precedent. ^Besides, the former House 
 yielded to it, conceiving it as only a temporary evil ; but now there 
 is great reason to apprehend a fixed design, either entirely to 
 change the seat of government, or, by moving the Assembly from 
 place to place, to harass, and lacing them into a compliance with 
 arbitrary and despotic purposes.! With regard to the business we 
 have already done, u the preseVt session," namely, the election of 
 Counsellors, the House are of opinion, that they can fully justify 
 themselves therein, consistent with this resolution. The Coun 
 sellors are to be elected according to the terms of the charter. 
 " yearly, once in every year ;" and it has been the invariable usage, 
 as it has been thought to be agreeable to the spirit of the charter, 
 to proceed to that business on the last Wednesday in May. The 
 House, therefore, proceeded to it on that day, though with great 
 precaution, that " the enemies of our constitution, 1 who are sedu 
 lous to take all advantages against it, might not " have it in their 
 power to say," that by an omission, we had forfeited our invalua 
 ble charter. It was, therefore, viewed as of absolute necessity, to 
 enter upon that business, at that time ; though it could not be done 
 in the ancient and proper place of holding the General Assembly. 
 But no business, now before us. can be of such absolute necessity, 
 as that the omitting it, will endanger the constitution. Q)n the 
 contrary, the danger to the constitution now lies in proceeding to 
 business, under the present grievance ; and, therefore, we do our 
 
222 MASSACHUSETTS STATE PAPERS. 
 
 duty, finally t" rofusp. |n proceed . 
 
 judging it the least likely to be attended with ill consequences to 
 
 ourselves, our constituents and posterity?) 
 
 It is further to be observed, that the House have no other power, 
 or check, whereby to restrain the undue exercise or abuse of the 
 prerogative. It is presumed that the Commons ought to be as free 
 and independent as any other part of the Legislature : because 
 the democratical branch is, at least, as important to the people and 
 the constitution, as the monarchical or aristocratical ; and they 
 have, at least, as clear a right to judge of the proper time for them 
 to do their part of the business of the province, as the Governor 
 has to judge of his. The Governors of the province have, of late 
 years, refused to consent to any act, or business, whatever, until 
 they have had a grant for their support ; and for this, they have 
 pleaded an instruction. Here, therefore, is an example of a re 
 solution, in the King s Ministers and servants, that no business 
 shall be done, until the people shall exert their prerogative, in a 
 manner agreeable to the Crown : and the prerogative of the peo 
 ple to grant money, in their own time, to raise it in their own way, 
 and by their own means, and to appropriate it for such purposes, 
 as they shall judge proper, is surely much clearer and more indis 
 putable, than that of the Governor of the province to convene and 
 hold the General Assembly in any other place beside the Town 
 Hjmse, in Boston. 
 
 Qlis Honor has been pleased to mention divers matters to be 
 acted upon, which, we readily acknowledge, are necessary and im 
 portant; and it is still our earnest desire to proceed to the con 
 sideration of them without any unnecessary delay. The further 
 suspension of the act for limitation of law suits, and a proper es 
 tablishment for Castle William and Fort Pownal, demand our at 
 tention 5 and the repealing, in part, the act which requires the 
 Treasurer to issue his warrants for levying a tax of more than 
 eighty thousand pounds, is of particular importance at this time, 
 when the embarrassments of the trade, and other grievous hard 
 ships the people are made to suffer, would render it difficult for 
 them to bear so great a burden ; but we have, notwithstanding, 
 reason to believe, that they had much rather be subject even to the 
 immediate payment of that whole sum, distressing as it would be, 
 than to concede to so pernicious a precedent ; and to have the 
 General Assembly hereafter controlled by the mandatejsjjfaj^in- 
 ister, and made to submit toTneasures, whidTwilT be much more 
 Injurious to them, and dangerous to posterity. If, therefore, his 
 Honor should finally refuse to remove the Assembly to the Town 
 House, in Boston, (which we hope he will not,) while there can 
 be no necessity for holding us here, the world will judge to whom 
 the ill consequences of it must be attributable^] 
 
 [The above reasons were ordered to be laid before the Council.] 
 
MASSACHUSETTS STATE PAPERS. 223 
 
 ADDRESS 
 
 OF THE COUNCIL TO HIS HONOR THE LIEUTENANT GOVERNOR, 
 JUNE 12, 1770. 
 
 May it please your Honor, 
 
 /IT would give us great pleasure to proceed upon the public 
 business, agreeable to the recommendation in your Honor s speech, 
 at the opening of the present session. But, as in consequence of 
 a motion, made in Council, that your Honor should be requested to 
 adjourn the General Court to Boston, you informed the Board you 
 could not do it consistently with your instructions, it is first in 
 cumbent on us to observe that the province charter ordains, " that 
 the Governor, for the time being, shall have full power and authori 
 ty, from time to time, as he shall judge necessary, to adjourn, pro 
 rogue and dissolve the great and General Court." This power is 
 a full power. It is wholly in the Governor, and to be exercised 
 as he shall judge necessary. It cannot, therefore, be subject to the 
 control of instructions. Such a power, and such a subjection of it, 
 are incompatible. The moment it is subjected, it ceases to be a 
 full power ; and the Governor is no longer the judge, with regard 
 to the exercise of it. It is, therefore, a palpable contradiction, to 
 suppose it under such control ; and, in fact, judging of it by the 
 charter only, it is controlable by nothing but the convenience and 
 safety of the General Court, and the general utility of the provinceT] 
 For those ends, that power was lodged by the Crown, exclusive ot 
 itself, in the Governor solely. True it is, that no mention is made 
 of the place of such adjournment or prorogation. The same is also 
 true, as to the time ; but they are both necessarily included in the 
 idea of adjourning and proroguing. And if these last be wholly 
 and exclusively in the Governor, which is very evident., the time 
 andplace must be. also. 
 
 cEKere is nothing absurd or unreasonable in this construction of 
 the above cited clause of the charter. For it is impossible, in the 
 nature of things, that the Crown, at the distance of a thousand 
 leagues, should be able, understandingly, and with a knowledge of 
 present circumstances, upon which the fitness of such a measure 
 depends, to exert that poweK} It is, therefore, fit and necessary, 
 that such exclusive power should be vested in its Representative 
 here ; and the said clause does, in fact, make such an investiture. 
 It cannot be said, "that this sole power is intended for no 
 other purpose, than to exclude both the other branches of the Court 
 from any share in it ;" because there is not a word in the charter, 
 that even intimates such an intention ; and because the clause, 
 giving the power, is expressed in terms, vesting that power solely 
 and exclusively in the Governor. 
 
224 MASSACHUSETTS STATE PAPERS. 
 
 With regard to the convening the General Court, the charter 
 ordains and grants, " that there shall, and may be convened, held 
 and kept by the Governor, for the time being, upon every last 
 Wednesday in the month of May, of every year forever, and at 
 all such other times, as the Governor shall think fit and appoint, a 
 great and General Court." 
 
 The time of convening in May, is fixed ; and, therefore, not al 
 terable by instructions. Other times of convening, are to be such 
 as the Governor shall think fit. He is made the judge of the fit 
 ness of such other times, which, therefore, in regard to time, 
 excludes the control of instructions ; as to place, although the 
 charter be silent, the convening must have relation to place, as well 
 as time. The right of judging of the latter, implies the same right 
 in respect to the former ; and the reasons for both are the same, 
 as well as for adjourning, proroguing and dissolving the Court, 
 which, it is evident, are exclusively in the Governor. The power 
 is the same, as to all those particulars 5 and it is fit it should be so ; 
 for the Governor, being in the province, must have the best oppor 
 tunities of knowing what the general convenience, safety and 
 utility require. It must be reasonable, therefore, to suppose, that 
 such an exclusive power was intended by the charter to be lodged 
 in him ; and in fact it is, by the said clauses, very .perspicuously so 
 lodged. Hence it is, (admitting the act, for establishing the form, 
 of the writ for calling a General Court, to be out of the question,) 
 that after long experience had determined Boston to be the most 
 convenient and fit place for the meeting of the General Court, all 
 the Governors of the province, except Mr. Burnet, from the date 
 of the charter, to the last year, have convened the General Court 
 at Boston ; excepting in a few cases, wherein the safety of the 
 General Court, or the public utility, made it proper to convene the 
 Court elsewhere. And in those cases, the removal of the General 
 Court were justified, by the respective reasons for them. "The 
 power of calling Parliaments, in England, as to precise time, place, 
 and duration, is certainly a prerogative of the King 5 but still 
 with this trust, that it shall be used for the good of the nation, as 
 the exigencies of the times, and variety of occasions, shall require." 
 The power of calling the General Court, in like manner, for the 
 good of the province, is, by the charter, vested in the Governor, for 
 the time being. But, considering the several acts of the General 
 Court, whereby a Court House, which has been several times re 
 built, for accommodating the General Court, and a commodious 
 and elegant dwelling house, and other accommodations for the 
 residence of the King s Governor, have been provided at Boston, 
 at a great public expense. Considering, also, " the act for estab 
 lishing the form of the writ, and precept for calling a great and 
 General Court," whereby it appears, that in the writ, precept and 
 return, the Town House, in Boston, is mentioned to be the place 
 where the General Court is appointed to be convened, held and 
 
MASSACHUSETTS STATE PAPERS. 225 
 
 kept. The proceedings also of Governor Shute and the Assembly, 
 in 1721, whereby it appears the Governor declared, that the ad 
 journment from Boston should not be drawn into precedent ; and a 
 resolve was passed by the whole Court, validating and confirming 
 the acts of the Court 5 which proceeding clearly manifest their ap 
 prehensions that Boston was the place established by law, for the 
 Governor s convening and holding the General Court : When 
 these acts are considered, if they do not amount to a strictly legal 
 establishment of the place of convening and holding the General 
 Court, they at least furnish, in our humble opinion, a rule, by which 
 the Governor ought to conduct himself in that regard ; and from 
 which he may not depart, but in cases of exigency. 
 
 When exigencies happen, of which every one can judge, they 
 afford a sufficient reason for deviating from the rule ; and the de 
 viation will not, nor can be, complained of. 
 
 Governor Burnet s conduct, in convening the General Court out 
 of Boston, cannot be deemed an acknowledged or constitutional 
 precedent to justify a similar conduct 5 because it was not acqui 
 esced in, but remonstrated against by the House of Representa 
 tives ; and because it was not founded on the only reason, on 
 which the prerogative of the Crown can be justly founded, the good 
 of the community. 
 
 In Governor Belcher s time, when in consequence of the instruc 
 tions, he removed the General Court to Salisbury, the removal 
 was for " the more convenient carrying into execution a commis 
 sion for settling the line between this province and New Hamp 
 shire." 
 
 Here convenience was the reason for the removal. It was con 
 venient, that the Assemblies of both provinces, which were then 
 under the administration of the same Governor, should be as near 
 each other, as might be, for the settlement of the line between the 
 two provinces 5 and it was not only convenient, but the general 
 good^of both, required such a settlement. 
 
 ^jTs long as prerogative is exercised for the real good of the com 
 munity, which the community must feel and will always acknowl 
 edge, it is seldom examined whether that exercise be strictly legal, 
 or not ; but that omission does not take away the right of examin 
 ing, whenever prerogative is exercised for a different purpolSS^ ^.^ 
 
 In the present case, when every reason arising from convenience^/ 
 safety and utility, remonstrates and urges the fitness of the Courts 
 sitting in Boston, the convening and keeping it elsewhere, contrary 
 to the mind of the two Houses, and the province in general, we 
 humbly apprehend is an exercise of the prerogative, if. not agajnst 
 law, yet certainly against ancient usage^.and unwarranted byTfie 
 reason, which supports all prerogativeVnamely, the public %oj}d. 
 
 W^e are sensible " the Governor is the servant of the King, and by 
 his commission, is to govern the province according to charter, and 
 according to such instructions as he shall, from time to time, re- 
 29 
 
226 MASSACHUSETTS STATE PAPERS. 
 
 ceive from the King." Those instructions, however, must be 
 understood to be such as do not militate with, or in any degree 
 vacate the charter : otherwise the charter would be annihilable at 
 pleasure : from whence it would follow, that it neither was, nor is, 
 in the power of the Crown to grant any charter whatever, vesting 
 in the grantees any durable privileges, much less, such as are 
 granted of this province, which are perpetual. But we hold it to 
 be clear law, that the Crown had, and hath, such a power ; and it 
 is equally clear, that their late Majesties, King William and Queen 
 Mary, for themselves, their heirs and successors, did, by their 
 charter, in the third year of their reign, grant to the inhabitants of 
 this province, and to their successors thenceforth forever, all the 
 powers and privileges in the said charter mentioned ; one of which 
 is, that the Governor, for the time being, shall convene, adjourn, 
 prorogue and dissolve the General Court, as in the two clauses 
 above quoted ; which clauses, for the reasons aforesaid, we hum 
 bly apprehend, vest in the Governor, for the benefit of said inhabi 
 tants, an exclusive right for those purposes ; and therefore, that 
 no instructions can supersede or control that right, which is a 
 beneficiary grant to the people, without injuring them, and so far 
 vacating the charter. Your Honor has observed very justly, " that 
 his Majesty never intended his instructions should supersede or 
 control the law." This is and must be true also, with respect to 
 the charter ; because it is the great law of the constitution ; and 
 is the foundation of the laws of the province ; and because his 
 Majesty is just ; has a paternal affection for his people ; and never 
 intended his iustructions should subject them to any unnecessary 
 inconvenience, much less, infringe their rights. 
 
 We, therefore, earnestly request, that for his Majesty s service, 
 the ease and happiness of your Honor s administration, the con 
 venience of the General Court, the utility and satisfaction of the 
 province in general, in pursuance of the intention and spirit of 
 diverse acts and laws ot the province, pursuant to the usage (under 
 both charters,) of more than a hundred years standing ; but more 
 especially, pursuant to the full and exclusive powers vested in the 
 Governor by the present charter, your Honor will please to ad 
 journ or prorogue the great and General Court to its ancient and 
 constitutional place, the Town House, in Boston. 
 
 [The committee of Council, who reported this address, were,W. 
 Brattle, J. Bowtfoin, Col. Otis, R. Tyler, and S. Dexter.] 
 
MASSACHUSETTS STATE PAPERS. 227 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE COUNCIL, JUNE 15, 1770. 
 
 Gentlemen of the Council, 
 
 You seem, as far as I can collect from your address, to de- I 
 cline proceeding in your Legislative capacity, upon public busi 
 ness. You have expressed your sense, in very strong terms, that 
 I ought not to have caused the General Court to convene at Cam 
 bridge, in consequence of instructions ; and that it is necessary to 
 the public good, that it should be convened at Boston. 
 
 I have "thought fit, and have appointed," that the General 
 Court should convene at Cambridge. I have done no more than 
 what the charter authorizes me to do. If I have done it merely in 
 consequence of instructions, and from a sense of my obligations to 
 conform to what appears to me to be his Majesty s pleasure, I 
 shall, notwithstanding, be justified; for the Crown, neither by 
 the charter, nor in any other way, hath ever divested itself of the 
 right of instructing the Governor in what manner this power, dele 
 gated to him, shall be exercised. The practice of giving instruc 
 tions, which began with the charter, and which has continued four 
 score years, I think should have been sufficient to prevent the 
 Council from taking exception to them. 
 
 If, without regard to any signification of his Majesty s pleasure, 
 I had, in my own judgment, thought fit and necessary that the 
 Court should be convened at Cambridge, it would now be to no 
 purpose for me to tell you so ; for although you admit it to be a 
 part of the prerogative, that I should convene the Court at such 
 time and place as I judge to be most fit, yet you have a reserve; 
 for you have explained away all the prerogative, and removed it 
 from the King and his representative, and made yourselves and 
 the people the judges, when it shall be exercised ; and, in the 
 present case, have determined that it is not fit it should be exer 
 cised. f ,-. 
 
 I will not engage in a dispute with you upon these points. I 
 think it enough for me to tell you, that I have not the least doubt 
 of the right of the Crown to control the Governor, by instructions, 
 or other signification of the royal pleasure; that I believe it to be 
 for the benefit of the people, that a Governor should be under this 
 control ; that the present set of instructions, for the Governors of 
 this province, are wisely framed for the advantage of the province ; 
 that I have no instructions at present, nor have I reason to expect 
 any, militating with the charter, nor with any law of the province : | 
 I must, therefore, adhere to them. *!^ 
 
 As his Majesty s Council for the province, I shall consult you 
 upon every occasion ; and your advice will have great weight with 
 
228 MASSACHUSETTS STATE PAPERS. 
 
 me. But I must finally judge for myself of the fitness and expe 
 diency of exercising the powers devolved upon me, by virtue of 
 my commission. 
 
 I am not able to comply with your request, to adjourn or pro 
 rogue the Court to Boston. I therefore earnestly recommend to 
 you to proceed, without further delay, upon the public business oi" 
 the province. T. HUTCHINSON. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT 
 GOVERNOR, JUNE 15, 1770. 
 
 May it please your Honor, 
 
 f THE House of Representatives be<* leave to remind your 
 1 Honor, that, by their message of the 7th instant, they made known 
 
 ), y u ^ ie " res l ut i n 9 tnat it^was not expedient for them to pro- 
 
 \ ceed to business, out of their ancient, usual, and only convenient 
 
 L tC^ 1 ^ Ay- pl ace > the Town House, in Boston ; and prayed your Honor 
 t ,<}C I would be pleased to remove this General Assembly to that place. 
 
 o c *- jo^j Your Honor, in answer, was pleased to express your hopes, that 
 v. y* v we would not finally refuse to do business in Cambridge. We, 
 
 therefore, take this opportunity to assure you, that having had fur 
 ther time maturely to consider the matter, we are still determined 
 to abide by the resolution, and arc ready to answer for all the ill 
 consequences that can be attributed to us. Surely you cannot 
 think it for the honor of the House, without any declared or con 
 ceivable reason, to be kept here, dependant upon private persons 
 even for shelter, in a manner deforced from the House, provided 
 and established for the Assembly, at a great expense to the peo 
 ple, which now stands entirely useless and solitary. 
 + We again, in duty to his Majesty, and in faithfulness to our 
 constituents, make a tender of ourselves, as ready to transact the 
 public business; provided your Honor will remove us to the afore 
 said ancient and established seat of government. 
 
 If you are still determined not to gratify the request of the two 
 Houses, in removing the Assembly there, you will please to con 
 sider, whether it will tend to the cultivation of that harmony in 
 the Legislature, which all good men desire, to continue us sitting. 
 The Members of this House, unwilling that their constituents 
 should be put to an unnecessary expense, are desirous of leave to 
 retire to their several homes. 
 
 [The committee who prepared the message of June 15, were, 
 Mr. Gushing, (the Speaker,) Maj. Hawley, Mr. S. Adams, Capt. 
 Sheaffe, and Mr. J. Adams.J 
 
 UJ 
 " 
 
MASSACHUSETTS STATE PAPERS. 229 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 
 JUNE 15, 1770. 
 
 Gentlemen of the House of Representatives, 
 
 I HAVE reason to expect, every day, letters from his Majesty s 
 Secretary of State, and it appears to me probable that they may 
 contain matters of importance to the government. I, therefore, 
 think it necessary the Court should continue sitting some time 
 longer, that I may have an opportunity of communicating them, so 
 far as I may be required or allowed to do it. 
 
 T. HUTCHINSON. 
 
 MESSAGE 
 
 FROM THE COUNQIL TO THE LIEUTENANT GOVERNOR, JUNE 19, 1770. 
 
 May it please your Honor., 
 
 WE have attentively, considered your Honor s message in 
 answer to our address, and we beg leave to make a few observa 
 tions upon it. 
 
 The charter of the province, as it creates and defines the powers 
 of its Governor, is the only rule (where the province law is silent) 
 by which to judge of those powers. It is a compact between the 
 Crown and this people, to be mutally observed and kept. There 
 is no reservation in it that instructions shall be a rule of govern 
 ment to the Governor. No such instructions, therefore, can be a 
 rule to him in cases wherein they alter those powers, or in any 
 other way affect the charter. This inference, we apprehend, your 
 Honor will allow to be just in general ; and we think you will 
 allow it to be just also with regard to the Governor s power of ad 
 journing, proroguing and dissolving the General Court. For, al 
 though we particularly quoted the clause of the charter, which 
 relates to that power, and have delivered our sentiments pretty 
 fully upon it; and it appears clearly, that it vests in the Governor 
 an exclusive right to exercise that power, yet your Honor wholly 
 confines your observations to the power of convening the General 
 Court; which induces us to think you are satisfied the Governor 
 has an exclusive right, relative to the adjourning and proroguing; 
 and, consequently, that it is not controlable by the instructions. It 
 is, therefore, needless, with regard to the power of convening the 
 
230 MASSACHUSETTS STATE PAPERS. 
 
 Court, to say any thing concerning it, in addition to what we have 
 said in our address, as the object of our present desire is, that you 
 would please to adjourn or prorogue the Court to Boston. 
 
 Your Honor is pleased to tell us, that "the practice of giving 
 instructions, which began with the charter, and has continued near 
 fourscore years, should have been sufficient to prevent the Council 
 from taking exceptions to them." Our address furnished no occa 
 sion for this observation ; for the instructions, therein referred to, 
 were not instructions in general ; but such only, as we apprehend, 
 militated with the charter. On such instructions, when made the 
 rule of government, it is the duty of the Council, in a becoming 
 manner, to signify their mind, even though such instructions had 
 begun with the charter, and continued to the present time. And 
 such a signification of their mind, we humbly apprehend, can never 
 subject the Council to his Majesty s displeasure. 
 
 Your Honor informs us, that, "although we admit it to be a part 
 of the prerogative, that you should convene the Court at such time 
 and place as you judge fit, yet wejhave a reserve; for we have 
 explained away all the prerogative, removed it from the King and 
 his Representative, and made ourselves and the people the judges, 
 when it shall be exercised; and, in the present case, have deter 
 mined that it is not fit it should be exercised." 
 
 We wish your Honor had quoted the clauses on which you 
 ground the several declarations contained in the foregoing para 
 graph. Had this been done, you would not have found, that they 
 justified all of them. We do not admit the convening of the Court 
 on the last Wednesday of May, yearly, to be a part of the prero 
 gative, in sucli a sense as to make the convening of it, on that day, 
 doubtful. We have made no reserve, but what is warranted by 
 the charter ; by several laws of the province ; oy ancient usage ; 
 and by the nature and design of the institution. We have not ex 
 plained away all the prerogative, or any part of it; but shewn, in 
 the first place, what it is, according to the charter; and, in the 
 next, that those laws, with certain proceedings of the General 
 Court, if they do not amount to a strictly legal establishment of 
 the place of convening and holding the General Court, at least 
 furnish, in our humble opinion, a rule, by which the Governor 
 ought to conduct himself; and from which he may not depart, but 
 in cases of emergency. We have not removed the prerogative 
 from the King and his Representative ; but, on the contrary, 
 shewn, that it has been vested by the King, in his Representative, 
 to be exercised for the good of the people, which is the great end 
 of prerogative. We have not made ourselves and the people, 
 either jointly, or severally, the judges when it shall be exercised ; 
 but, on the contrary, in the fullest and most express manner, have 
 declared it to be exercised as the King s Representative shall 
 judge it fit, consistent with the rule aforesaid. But, if there were 
 no such rule to guide his judgment, he would not be lawless in this 
 
MASSACHUSETTS STATE PAPERS. 231 
 
 case; nor could make mere will and pleasure, the rule, (if they 
 can be called a rule) of his judging. For, by the very terms, and 
 by the reason which ought to influence all his determinations, there 
 is to be a fitness in his judging ; a fitness arising from convenience, 
 safety, and utility 5 agreeable to which, it would be his duty to act : 
 and, therefore, although we have given our opinion what the gen 
 eral convenience require ; and that, in the present case, they re 
 quire the removal of the General Court to Boston ; yet, we have 
 not made ourselves, nor the people, the judges in this matter; but, 
 on the contrary, have declared in the address, to which your mes 
 sage is an answer, that the Governor of the province is the sole 
 judge. And, therefore, as we could not suppose your Honor has 
 designedly misrepresented our address, you will give us leave to 
 say, you have greatly mistaken it. 
 
 We are sorry to have reason to say, that in this clause of the 
 message, there is discoverable, not only a disposition unkind and 
 unfriendly to the Council, but a want of candor and justice. 
 
 Is it kind or friendly does it consist with candor and justice 
 to represent, that we first admit the convening of the Court to be 
 part of the prerogative fully vested in the Governor ; that we then 
 make reserves concerning it ; that we explain it wholly away ; 
 that we remove it from the King and his Representative ; and that 
 we make ourselves and the people the judges, when it ahall be ex 
 ercised ? 
 
 If your Honor intended to bring upon the Council the displea 
 sure of his Majesty, and, in consequence of it, procure an altera 
 tion of its constitution, you could not do it more effectually, than. 
 by such a representation. But, on examining, it will be evident, 
 that there is no foundation for it ; either in the address, or in any 
 other act of the Council. And, therefore, such a representation is 
 not only unkind and unjust to the Council ; but, if we had let it 
 pass unnoticed, might have proved injurious to the charter rights 
 of the province. 
 
 It is with regret we make these observations ; but we are con 
 strained to it by the justice due to ourselves, and by the claim the 
 province has upon us to defend the constitution of its government. 
 We have the warmest sentiments of duty and loyalty to his Ma 
 jesty, which will stimulate us, on the one hand, to defend the just 
 prerogative of the Crown ; and, on the other, to promote, as far as 
 we can, the end and design of such prerogative, the good of the 
 people. 
 
 As your Honor has not condescended to give the Board the 
 reasons on which you ground your opinion, concerning the efficacy 
 of instructions to control the Governor s power of convening the 
 General Court; as you are wholly silent about his power of ad 
 journing and proroguing the Court, and have not pointed out the 
 insufficiency of the reasons by which we have endeavored to sup 
 port our own opinion on those points, we are under a necessity, 
 till we have further light, to continue in the same opinion. 
 
MASSACHUSETTS STATE PAPERS. 
 
 In the mean time, we beg leave to offer a few observations on 
 the remaining part of your Honor s message. It informs us you 
 " will not engage in a dispute with us upon these points 5 that you 
 think it enough for you to tell us that you have not the least doubt 
 of the right of the Crown to control the Governor by instructions, 
 or other signification of the royal pleasure ; and, that you believe 
 it to be for the benefit of the people, that the Governor should be 
 under this control." As we are not inclined to be captious, we 
 will not suppose your Honor intended to intimate your own supe 
 riority, or that it would be too great condescension in you^and 
 below your dignity, to discuss this subject with the Council.\/VV T e 
 shall, therefore, only observe, that if you have no doubt of the right 
 of the Crown to control the Governor by instructions, you can 
 have no doubt of your own right, not only of convening the Court 
 at Cambridge, and holding it here, contrary to the prayers of both 
 Houses, and all the reasons offered by them ; but (in case you had 
 been so instructed,) of refusing to convene it at all, either on the 
 last Wednesday of May, yearly, as required by the charter, or at 
 any other time; nor can you, in the same case, doubt of your right 
 to dissolve the charter wholly, and with it the present form of 
 government, and to introduce another. These are necessary con 
 sequences of the doctrine delivered in your Honor s message. It 
 is, therefore, a doctrine inconsistent with every idea of English 
 government, and utterly subversive of the ends of all government; 
 and it puts the property, liberties, and rights of the people of this 
 province on a veryprecarious foundation, or rather destroys the 
 foundation entirel^J We cannot see how it can be " for the bene 
 fit of the people, that a Governor should be under this control ;" 
 the control of instructions, that, in their nature and consequences, 
 may prove ruinous to the people. But as we hope your Honor 
 does not entertain principles of such a tendency, we suppose you 
 must have meant such instructions only, as were consistent with 
 the charter, and the rights and privileges of Englishmen. 
 
 Your message further declares, " that the present set of instruc 
 tions, for the Governors of this province, are wisely framed for the 
 advantage of the province." You are pleased here to express 
 your entire approbation of the instructions you have received, one 
 of which, we have been made to understand, is, that the General 
 Court shall be held in the town of Cambridge. Till this declara 
 tion, we had pleased ourselves with the thought that you were sin 
 cerely desirous, (had it consisted with your instructions,) that the 
 Court should be removed to Boston. But how can it be supposed 
 your Honor can desire that this removal should take place, the di 
 rect contrary to which you have, by fair implication, declared is 
 for the advantage of the province ? That advantage, however, can 
 never appear, if the instructions, which are the only evidence of 
 it, be kept secret. 
 
 If instructions are to be the law and rule of government, is it not 
 
MASSACHUSETTS STATE PAPERS. 233 
 
 fit and proper that they should be known ? Are we not, otherwise, 
 not only in a state of vassalage, but distinguished from others in 
 that state, in this essential circumstance, that they have a known 
 law, which they might obey ; and we an unknown one, which, for 
 that reason, we can neither obey or disobey 5 and yet may possi 
 bly be punished for not obeying ? _- 
 
 Your Honor tells us, "you have no instructions militating withN 
 the charter." If there be an instruction, forbidding the adjourn 
 ing or proroguing the General Court to Boston, we apprehend it 
 does militate against the charter; and we think we have, in 
 our address, clearly proved, from the charter, that it does mili 
 tate. In which case, we submit it to your Honor s consideration, 
 whether you can be held to observe it ? -~* 
 
 Whenever your Honor shall think proper to consult the Coun 
 cil, upon any occasion, you may depend on our best advice for his 
 Majesty s service, and the good of the province. These necessa 
 rily include each other ; and are, in fact, but different names for 
 the same thing, there being no room for distinction or separation, 
 between them. Whoever attempts, therefore, to make a separa 
 tion, is an enemy to both. 
 
 As his Majesty is the wise and tender father of his people, he 
 will always look upon those as the best promoters of his service, 
 who, in the best manner, promote their interest and happiness. And 
 we are still of opinion, that, with that interest and happiness, is 
 connected the removal of the General Court to Boston. 
 
 LETTER 
 
 ET101I THE COUNCIL TO WILLIAM BOLLAN, ESQ. AGENT FOR THE PROVINCE, 
 IN ENGLAND, MARCH, 1770, GIVING AN ACCOUNT OF THE MASSACRE OE 
 THE FIFTH OF THAT MONTH. 
 
 Sir, 
 
 THE last letter sent you in the name, and in consequence of 
 the appointment of the Council, was dated in January last ; since 
 which, the General Court, piirgiinnt t^Jthe^ministerial mandate, has 
 been prorogued by the Lieutenant Goveraoi^To CambrTcIgeTwHere 
 it has been sitting from the 15th instant. This the two Houses, 
 (to say nothing of the great inconveniences to which they are 
 thereby subjected,) deem an infringement upon one of the rights 
 of the charter ; which, after ordaining that there shall be held 
 and kept a General Court, every year, in May, vests the Governor 
 of the time being, with the sole power of convening, proroguing 
 and dissolving the said Court, without any reserve whatever, 
 80 
 
234 MASSACHUSETTS STATE PAPERg. 
 
 What has passed between the Lieutenant Governor and the two 
 Houses, on this subject, will be sent you herewith. 
 
 The principal thing, which we think it necessary you should be 
 informed of, at this time, is the horrid massacre, which happened in 
 Boston, on the evening of the 5th instant, when eleven^of his 
 Majesty s subjects were killed and wounxled by a party of soldiers, 
 of the 29th regiment, their leader being Capt. Preston. 
 
 The soldiers in general, and particularly of that regiment, have 
 behaved with great insolence, and have committed many abuses 
 upon the inhabitants of the town ; for which it were to be wished, 
 their punishment had been adequate to their deserts. But the af 
 fair, which was more immediately introductory to the said massa 
 cre, was a quarrel between some soldiers of the 29th regiment and 
 certain rope-makers at the rope- walk of one Mr. Gray. In the 
 contest, the soldiers were worsted ; and this reflecting, as they 
 thought, on the honor of the regiment, there was a combination 
 among them to take vengeance on the town, indiscriminately. Of 
 such a combination there is satisfactory proof; and in consequence 
 thereof, there was, on the evening of the 5th, a great number of 
 abuses committed by the soldiers on the inhabitants, in various 
 parts of the town ; and being carried to such excess by one party, 
 a bell at the head of King Street was rung, as for fire, which brought 
 the neighboring inhabitants into the street ; and as King Street 
 was the last scene of that party s exploits, a number of people 
 collected there ; about which time the centry, at the custom house, 
 on pretence of having been insulted, knocked at the door of said 
 house; and speaking with somebody who -came out, there went 
 from thence two persons to the main guard, opposite the court 
 house, and procured Capt. Preston, with a party of soldiers, to go 
 to the centry. Capt. Preston, therefore, went from the guard 
 house with a party of seven or eight men, who passed roughly 
 through the people, and pushed some with their bayonets, till they 
 were posted near the custom house. This was resented by some 
 of the people, by throwing snow balls. Soon after which, the said 
 party fired, not all together, but in succession ; by which means 
 eleven persons were killed and wounded, as above mentioned. 
 
 There are depositions which mention, that several guns were 
 fired from the custom house ; and this matter is now inquiring 
 into. Soon after the firing, the main body of the 29th regiment 
 appeared in arms, in King Street, and were drawn up between the 
 court house and the main guard, and in such a posture, as put the 
 inhabitants in fear of a further massacre ; but, by the good hand of 
 Providence, it was prevented. 
 
 The foregoing is a short and general account of this unhappy 
 affair, according to the best intelligence we have hitherto been 
 able to obtain. The particulars of it, are contained in a narrative 
 just printed, with depositions annexed to it ; one of which will be 
 sent to you by a committee of the town. 
 
MASSACHUSETTS STATE PAPERS. 235 
 
 There is great reason to apprehend, that depositions have been 
 taken in this affair, by the procurement of the disturbers of the 
 peace and union, which ought to subsist between Great Britain 
 and the colonies ; depositions, intended to make the town the 
 faulty cause of that massacre 5 and to make it believed, that the 
 custom house was then in danger of being pillaged. But if any 
 such depositions have been sent home, they are altogether without 
 foundation ; there not being the least ground, so far as we can 
 learn, even to suspect that any such design has been formed. The 
 Council desire you, and you are hereby instructed, to use your best 
 endeavors to procure copies of such depositions, (if such there be,) 
 and to transmit them as soon as may be ; and, in the mean time, 
 to ward off any ill impressions, which otherwise may be thereby 
 made, to the disadvantage of the town in particular, and of the 
 province in general. 
 
 The longer continuance of the troops in town, being, in the 
 unanimous opinion of the Council, absolutely inconsistent with 
 the safety of the inhabitants, they advised the Lieutenant Gover 
 nor to request Col. Dalrymple to order the troops to the 
 barracks, at Castle Island ; and, in consequence of that advice, 
 the commanding officer las removed them all thither. You will 
 use your utmost endeavors, that those troops be ordered by his 
 Majesty to be removed out of the province, and that no more be 
 sf*nt hither, to be quartered in the province. 
 By order of the Council, 
 
 S. DANFORTH, President. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOVER 
 NOR, JUNE 21, 1770, BEING IN REPLY TO HIS MESSAGE OF JUNE 15. 
 
 May it please your Honor, 
 
 IN your last message to this House, you was pleased to say, 
 that you were in daily expectation of a letter from his Majesty s 
 Secretary of State, which it was probable would contain matters 
 of importance to the government ; and that, therefore, you then 
 thought it necessary that the Court should continue sitting some 
 time longer. 
 
 The House would be glad to be informed, whether, in conse 
 quence of any letters you have received by the packet, now arrived, 
 your Honor has any matters to lay before the Assembly. If so, 
 the House is ready to attend to their duty, provided you will be 
 pleased to remove the Assembly to its constitutional place, the 
 
236 MASSACHUSETTS STATE PAPERS. 
 
 Town House, in Boston ; but if your Honor is yet determined 
 against such removal, the Members of the House are very desirous 
 of returning to their respective homes, 
 
 MESSAGE 
 
 FkOM THE LIEUTENANT GOVERNOR TO THE COUNCIL AND THE HOUSE OF 
 REPRESENTATIVES, JUNE 22^ 1770. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 I CANNOT remove the Court to Boston. I am so sensible of 
 the mischief which must be the consequence of your final refusal 
 to proceed in the public business, that I must earnestly recommend 
 to you a reconsideration of your votes or resolves to the contrary. 
 I am still in expectation of important advices. If I should not re 
 ceive any before Monday, arid you shall persist in your refusal, it 
 is my intention then to give you a short recess. 
 
 T. HUTCHINSON. 
 
 [On receiving the foregoing; message from the Lieutenant Gov 
 ernor, it was therefore moved and voted, unanimously., that the 
 House adhere to their resolution, " that it is by no means expedi 
 ent to proceed to business, while the General Assembly is thus 
 constrained to hold its session out of the town of Boston."] 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOV 
 ERNOR, JUNE 25, 1770. 
 
 May it please your Honor, 
 
 YOUR message, of the 21st instant, has been read and consid 
 ered in this House ; in answer to which, we beg leave to say, that 
 the mischiefs which must be the consequence of our receding from 
 the votes and resolutions to which you refer, are so obvious, that 
 the House have now unanimously resolved to adhere to the same ; 
 therefore, if your Honor is yet determined not to remove the As 
 sembly to Boston, we are very desirous of leave to return to our 
 respective homes. 
 
 [The Lieutenant Governor then directed the Secretary to pro 
 rogue the Court to July 25th.] 
 
MASSACHUSETTS STATE PAPERS. 237 
 
 SPEECH 
 
 OF THE LIEUTENANT GOVERNOR TO THE COUNCIL AND HOUSE OF REPRE 
 SENTATIVES, JULY 25, 1770.* 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 PURSUANT to the direction in the royal charter, I caused writs 
 to be issued, for convening a great and General Court or Assembly, 
 the last Wednesday in May. You met together, at the time and 
 place, and the House of Representatives proceeded to the choice 
 of their Speaker and Clerk ; and the Council and House, by joint 
 ballot, proceeded to the choice of Counsellors, for the year ensuing ; 
 but the Council and House requested me to adjourn or prorogue 
 the Court to Boston, and gave several reasons against sitting in any 
 other place. The House expressly refused to proceed upon any 
 further business, and repeatedly desired, that, unless I would re 
 move the Court to Boston, they might be allowed to return to their 
 respecti ve homes. I could not, consistently with my duty to the 
 King, remove you to Boston. To continue you sitting, was con 
 tinuing a burden upon the people, without any benefit 5 for their 
 ease, I prorogued the Court for four weeks. From a regard to their 
 interest, and because the public business will not admit of further 
 delay, I meet you at the time to which you stood prorogued : I 
 meet you at Cambridge, because I have no reason to think there 
 has been any alteration in his Majesty s pleasure, which, I doubt 
 not, was determined by wise motives, and with a gracious purpose, 
 to promote the good of the province ; and I must renew my earnest 
 recommendation to you, to proceed, without delay, upon such affairs 
 as lie before you. 
 
 The illegality of holding the Court any where, except in the town 
 of Boston, I think, you will no longer insist irpon. I know of 
 nothing to support you, except the form of a writ, for calling the 
 Assembly ; and, upon the force of this, you have the opinion of the 
 Attorney and Solicitor General, in the following words : That the 
 sole power of dissolving, proroguing or adjourning the General 
 Court or Assembly, either as to time or place, is in his Majesty s 
 Governor ; and, that the reasons against it, from the act of the 
 tenth of King William, have no real foundation, there being no 
 clause in that act, laying any such restraint upon the Governor ; 
 but, in the form of the writ, the word Boston is mentioned, which 
 must be understood, by way of instance or example only, and not 
 
 * Before the Lieutenant Governor delivered this Speech, and immediately after the Mem 
 bers of the Court had convened, Mr. Hancock and others, were appointed a committee of 
 the House of Representatives, to wait on the Lieutenant Governor, and acquaint him that a 
 quorum was present, (in the College Chapel,) and that they were very desirous his Honor 
 would be pleased to remove the General Assembly to its ancient and legal place, the towu of 
 Boston. 
 
238 MASSACHUSETTS STATE PAPERS. 
 
 to limit the power the Crown has, of summoning or holding Gen 
 eral Courts or Assemblies at any place, much less of adjourning 
 V them from one place to another after they were summoned ; which 
 
 fy JMU V report was accepted by the King in Council. And although this 
 form of a writ was afterwards brought, by the House of Represent 
 atives, as an objection against holding the Court in Salem, in the 
 year 1728, yet they did not think it sufficient to justify them in 
 refusing to do business ; and the Council for that year, who are 
 allowed to have been men of integrity and superior understanding, 
 as well as of the first families and estates in the province, in a 
 message to the House, express their sense in the following words, 
 viz. : "touching the adjournment, they apprehend it improper and 
 inconvenient to make any doubt of the validity thereof; and they 
 are readyto join with the Honorable House, in proceeding to do the 
 proper and necessary business of the province." From that time, 
 I have never known it suggested, until the present day, that the 
 General Court, by charter or by law, is confined to the town of 
 Boston. I have given you one instance, in the year 1747, which 
 makes it probable, that the House of Representatives rather chose 
 the Court should sit elsewhere ; and I may add another, in the year 
 1754, when a committee of the House was appointed to consider 
 of, and report a proper place for a Court House, at a distance from 
 Boston. 
 
 Your next objection, that I act in consequence of instructions, 
 has still less color. Instructions relative to any matter, not uncon 
 stitutional, must be obligatory upon me : my commission makes 
 them so. I have no authority to act, but what I derive from this 
 commission, and I must act in conformity to my instructions, or 
 not at all ; and I think I may safely say, there is not one of you, who, 
 if he was in my station, would venture to depart from them. 
 
 The only remaining exception is this, that admitting it to be 
 legal and a part of the prerogative, the other branches have never 
 theless a clear right to inquire into the exercise of this power, and 
 to judge for themselves, whether it be wisely and beneficially, or 
 imprudently and arbitrarily exercised " to remonstrate" to 
 " make a stand" and " finally to refuse to do business." The 
 actual inconveniences which you have enumerated, from sitting at 
 Cambridge, can easily be removed, or they are so inconsiderable, 
 that a very small public benefit will outweigh them. 
 
 The House of Representatives mention an inconvenience, which 
 may arise from the use of this part of the prerogative, because it 
 gives power to the Governor "to carry the Assembly from one 
 extreme part of the province to another, till he shall have worried 
 them into a compliance with some arbitrary mandate, to the ruin of 
 their own, and their constituents liberties." The same exception 
 may be made to the use of every other part of the prerogative, for 
 every part is capable of abuse, and so is every authority, or trust, 
 whatsoever. I will, however, assure you, that I have never re- 
 
MASSACHUSETTS STATE PAPERS. 239 
 
 ceived any arbitrary mandates ; I have no design myself ; I know 
 of no " fixed design to harass you ? in order to bring you into a 
 compliance with any arbitrary measures." I have nothing to lay 
 before you, but the common business of the province, which is ne 
 cessary for the general interest of the people. Consult this inter 
 est, in every constitutional way. Do it with as much deliberation 
 as the importance of every case shall require ; I will patiently wait 
 the result of your debates. Do it with as much diligence and des 
 patch as you please, and I will give you no interruption, nor oc 
 casion any delay. 
 
 But pray consider this last exception, and the effect of a con 
 cession to it. * \ 
 You allow that the appointment of a place for holding the Court, i 
 is a part of the prerogative, but you refuse or neglect to do busi 
 ness any where, except in Boston ; for this prerogative, you say, 
 is to be exercised for the public%ood, and you do not think it for 
 the public good, that the Court should sit any where, except in 
 Boston ; his Majesty thinks it for the public good, that the Court 
 should sit in Cambridge. If your opinion is to prevail against his 
 Majesty s opinion, to what purpose was this, or any other reserve 
 in the charter, made to the Crown. 
 
 You consider the charter as a compact between the Crown and 
 the people of the province. Shall one party to the compact bo held, 
 and not the other ? The Crown, by charter, grants as a privilege 
 to the people, that a great and General Court or Assembly, snaU 
 be held every last Wednesday in May, forever. You would have 
 thought me culpable, and very justly, if I had deprived the people 
 of this privilege, by refusing to issue writs, for convening the Court 
 on the last Wednesday in May, or by refusing to do my part of 
 the peculiar business, for which it is then convened. By the same 
 charter, the Crown reserves, as part of the prerogative, the power 
 of adjourning, proroguing, and dissolving the great and General 
 Court or Assembly. Conformable to this reserve, I have pro 
 rogued you to this time and place. If you had refused to meet, 
 or should refuse to do business, now you are met, would you not 
 deprive the Crown of the exercise of the prerogative, and fail of 
 performing your part of the compact ? The House of Represent 
 atives say, they are ready to answer for the ill consequences which 
 can be attributed to them ; and yet they seem to have been sensi 
 ble of the danger, from a failure of the same nature ; for they 
 acknowledge, " they proceeded to the election of Counsellors, that 
 the enemies of our constitution might not have it in their power 
 to say, that, by an omission, they had forfeited our invaluable char 
 ter." At the same time, they refused to do any other business, 
 because " none lay before them of such necessity, as, that omit 
 ting it, would endanger the constitution." Let me observe to you, 
 gentlemen, that it is not the importance of the business omitted, 
 but it is the refusal of the two Houses to comply with what the 
 
I 
 240 MASSACHUSETTS STATE PAPERS. 
 
 charter requires of them, which our enemies will take the advan 
 tage of, and which will endanger the constitution ; and your re 
 fusing, or neglecting, to do business now, will be as certain an 
 instance of your non-compliance with what your charter requires 
 of you, as if youjiad refused to proceed to the election of Coun 
 sellors in May lastTj 
 
 If you shall persisTin your refusal, I must prorogue you to some 
 future time. Without further signification of his Majesty s plea 
 sure, it is not in my power to remove you to Boston. But, I flatter 
 myself, you will not persist you will not leave it in the power of 
 your enemies to hurt you. I am sure, you have friends, who will 
 think themselves happy, if you do not put it out of their power to 
 serve you. Your compliance can be no benefit to our Sovereign, 
 any further, than as he interests himself in the happiness of his 
 subjects. I am not thus importunate with you, from any view to 
 iny private or personal advantaglf, for, if I am faithful in the dis 
 charge of my trust, I shall hav* the same approbation, whether I 
 am successful or not. It is the interest of the people only, which 
 is at stake. By persisting in your refusal, you are most effectu 
 ally disserving this interest. You are even rendering more diffi 
 cult the accomplishment of what you profess to desire and pursue. 
 
 T. HUTCHINvSON. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT 
 GOVERNOR, AUGUST 1, 17TO. 
 
 May it please your Honor , 
 
 THE House of Representatives having duly attended to your 
 speech to both Houses, at the opening of this session, and mature 
 ly considered the several parts of it, have unanimously, in a full 
 House, determined to adhere to their former resolution, " that it 
 is by no means expedient to proceed to business, while the Gene 
 ral Assembly is thus constrained to hold the session out of the 
 town of Boston/ Upon a recollection of the reasons we have 
 before given for this measure, we conceive it will appear to all 
 the world, that neither the good people of this province, nor the 
 House of Representatives, can be justly charged with any ill con 
 sequences that may follow it. After the most attentive and re 
 peated examination of your speech, we find nothing to induce us 
 to alter our opinion, and very little that is new and material in 
 the controversy : but, as we perceive it is published, it may possi 
 bly be read by some who have never seen the reasons of the House : 
 
MASSACHUSETTS STATE PAPERS. 24:1 
 
 and as there are specious things contained in it, which may have 
 a tendency to make an unhappy impression on some minds, we 
 have thought proper to make a few observations upon it. 
 
 You are pleased to say, " you meet us at Cambridge, because 
 you have no reason to think there has been any alteration in his 
 Majesty s pleasure, which, you doubt not, was determined by wise 
 motives, and with a gracious purpose to promote the good of the 
 province." We presume not to call in question the wisdom of 
 our Sovereign, or the rectitude of his intentions : but there have 
 been times, when a corrupt and profligate administration have 
 ventured upon such measures, as have had a direct tendency to 
 fruin the interest of the people, as well as that of their royal 
 In aster. *"\ 
 
 This House have great reason to doubt, whether it is, or ever * 
 was, his Majesty s pleasure, that your Honor should meet the As 
 sembly at Cambridge, or that he has ever taken the matter under 
 his royal consideration : because the common, and the best evi 
 dence in such cases, is not communicated to us. J 
 
 It is needless for us to add any thing to what has been hereto 
 fore said upon the illegality of holding the Court any where, ex 
 cept in the town of Boston: for, admitting the power to be in 
 the Governor to hold the Court in any other place, when the public 
 good requires it ; yet, it by no means follows, that he has a right 
 to call it in any other place, when it is to the manifest injury and 
 detriment of the public. """1 
 
 The opinion of the Attorney and Solicitor General has very lit- ^ 
 tie weight with this House in any case, any further, than the rea 
 sons which they expressly give, are convincing. This province 
 has suffered so much by unjust, groundless, and illegal opinions 
 of those officers of the Crown, that our veneration, or reverence 
 for their opinions, is much abated. We utterly deny, that the 
 Attorney and Solicitor General have any authority or jurisdiction 
 over us ; any right to decide questions in controversy between the 
 several branches of the Legislature here : nor do we concede, that 
 even his Majesty in Council, has any constitutional authority to 
 decide such questions, or any controversy whatever, that arises in 
 this province, excepting only such matters as are reserved in the 
 charter. It seems a great absurdity, that when a dispute arises 
 between the Governor and the House, the Governor should appeal 
 to his Majesty in Council to decide it. Would it not be as reason 
 able for the House to appeal to the body^ of their constituents to 
 decide it ? Whenever a dispute has arisen within the realm, be 
 tween the Crown and the two Houses of Parliament, or either of 
 them, was it ever imagined that the King, in his Privy Council, 
 had authority to decide it ? However, there is a test, a standard 
 common to all ; we mean the public good. But your Honor must 
 be very sensible, that the illegality of holding the Court in any 
 other place beside the town of Boston, is far from being the only 
 $1 
 
242 MASSACHUSETTS STATE PAPERS. 
 
 dispute between your Honor and this House. We contend, that 
 the people and their Representatives, have a right to withstand the 
 abusive exercise of a legal and constitutional prerogative of the 
 Crown. We beg leave to recite to your Honor, what the great 
 Mr. Locke has advanced in his Treatise of Civil Government, 
 upon the like prerogative of the Cro\\2j u The old question, says 
 he, will be asked in this matter of prerogative, who shall be judge 
 when this power is made a right use of?" And he answers, 
 " between an executive power in being with such a prerogative, 
 and a legislative that depends upon his will for their convening, 
 there can be no judge upon earth, as there can be none between 
 the legislative and the people, should either the executive or 
 legislative, when they have got the power in their hands, design: 
 or go about to enslave or destroy them. The people have no other 
 remedy in this, as in all other cases, where they have no judge on 
 earth, but to appeal to Heaven. For the rulers, in such attempts, 
 exercising a power the people never put into their hands, (who 
 can never be supposed to consent, that any body should rule over 
 them for their harm,) do that which they have not a right to do. 
 And, when the body of the people, or any single man, is deprived 
 of their right, or under the exercise of a power without right, and 
 have no appeal on earth, then they have a liberty to appeal to 
 Heaven, whenever they judge the cause of sufficient moment. 
 And, therefore, though the people cannot be judge, so as to have, 
 by the constitution of that society, any superior power to deter 
 mine and give effective sentence in the case ; yet they have, by a 
 law, antecedent and paramount to all positive laws of men, re 
 served that ultimate determination to themselves, which belongs 
 to all mankind, where there lies no appeal on earth, viz. : to judge 
 jvj^ether they have just cause to make their appeal to Heaven." 
 VXe would, however, by no means be understood to suggest, that 
 this people have occasion at present to proceed to such extremity?) 
 
 Your Honor is pleased to say, " that the House of Re*presenTa> 
 tives, in the year 1728, did not think the form of the writ suffi 
 cient to justify them in refusing to do business at Salem." It is 
 true they did not, by any vote or resolve, determine not to do 
 business : yet the House, as we read in your Honor s history, 
 " met, and adjourned from day to day, without doing business ;" 
 and we find by the records, that from the 31st of October, 1728, 
 to the 14th of December following, the House did meetand adjourn 
 without doing business ; and then they voted to proceed to the 
 public and necessary aifairs of the province, " provided no advan 
 tage be had or made, for, and by reason of the aforesaid removal, 
 (meaning the removal to Salem,) or pleaded as a precedent for the 
 future." Yet, your Honor has been pleased to quote the conduct 
 of that very House, as a precedent for our imitation. We appre 
 hend their proceeding to business, and the consequences of it, viz. : 
 the encouragement it gave to Governor Burnet to go on with his 
 
MASSACHUSETTS STATE PAPERS. 
 
 design of harassing them into unconstitutional compliances, and 
 the use your Honor now makes of it as an authority and a prece 
 dent, ought to be a warning to this House, to make a determined 
 and effectual stand. Their example, though respectable, is not 
 obligatory upon this House. They lived in times, when the en 
 croachments of despotism were in their infancy. They were car 
 ried to Salem by the mere caprice of Governor Burnet, who never 
 pleaded an instruction for doing this an instruction, from a Min 
 istry, who had before treated them with unexampled indignity an 
 instruction, which they were not permitted to see. They had no 
 reason to apprehend a fixed design to alter the seat of government, 
 to their great inconvenience, and the manifest injury of the pro 
 vince. 
 
 We are not disposed to dispute the understanding, integrity, 
 families, and estates of the Council, in 1728. We believe them 
 to have been such, that if they were now upon the stage, they 
 would see so many additional, arid more weighty reasons, 
 against proceeding to business, out of Boston, that they would fully 
 approve of the resolution of this House 5 as well as of what has 
 been lately advanced by their successors, who are also gentlemen 
 of understanding, integrity, fortune, and family, in the following 
 words : " Governor Burnet s conduct in convening the General 
 Court out of Boston, cannot be deemed an acknowledged or con 
 stitutional precedent, because, it was not founded on the only rea 
 son on which the prerogative of the Crown can be justly founded, 
 the good of the community." We shall only add, that the rights 
 of the province having been, of late years, most severely attacked, 
 has induced gentlemen to examine the constitution more thorough 
 ly, and has increased their zeal in its defence. 
 
 You are pleased to adduce an instance in 1754, in addition to 
 that in 1747, which, you say, " makes it probable, that the House 
 of Representatives rather chose that the Court should sit elsewhere, 
 when a committee was chosen to consider of, and report a proper 
 place for a Court House, at a distance from Boston." We beg 
 leave here to observe, that both these are instances of the House s 
 interesting themselves in this affair, which your Honor now claims 
 as a prerogative. If the House were in no case to have a voice, or 
 be regarded, in choosing a place to hold the Court, how could they 
 think of holding a Court in a place, to which they never had been, 
 and probably never would be called ? 
 
 While the House have been, from time to time, holding up to 
 view, the great inconveniencies and manifest injuries resulting 
 from the sitting of the Assembly at Cambridge, and praying a re 
 moval to Boston ; it is with pain that they have heard your Honor, 
 instead of pointing out any one good purpose, which can be an 
 swered by it, replying, that your instructions will not permit you 
 to remove the Court to Boston. By a royal grant in the charter, 
 hi favor of the Commons of this province, the Governor has the sole 
 
244 MASSACHUSETTS STATE PAPERS. 
 
 power of adjourning, proroguing, and dissolving the General 
 Court : and the wisdom of that grant, appears in this, that a per 
 son residing in the province, must be a more competent judge of 
 the fitness of the time, and, we may add, the place ofhojding the 
 Court, than any person residing in Great Britain. We do not 
 deny, that there may be instances, when the Commander in Chief 
 ought to obey the royal instructions : and should we also admit, 
 that in ordinary cases he ought to obey them, respecting the con 
 vening, holding, proroguing, adjourning, and dissolving the Gen 
 eral Court, notwithstanding that grant ; yet we clearly hold, that 
 whenever instructions cannot be complied with, without injuring 
 the people, they cease to be binding^ Any other supposition would 
 involve this absurdity in it, that a substitute, by means of instruc 
 tions from his principal, may have a greater power than the prin 
 cipal himself; or, in other words, that a Representative of a King, 
 who can do no wrong, by means of instructions, may obtain a right 
 to do wrong : for that the prerogative extends not to do any in 
 jury, never has been, and never can be denied. Therefore, this 
 House are clearly of opinion, that your Honor is under no obliga 
 tion to hold the General Court at Cambridge, let your instructions 
 be conceived in terms ever so peremptory, inasmuch as it is in 
 convenient and injurious to the province. As to your commis 
 sion, it is certain, that no clause contained in that, inconsistent 
 with the charter, can be binding. To suppose, that when a grant 
 is made by charter in favor of the people, instructions shall super 
 sede that grant, and oblige the Governor to act repugnant to it, is 
 vacating the charter at once, by the breath of a Minister of State. 
 Your Honor thinks you may safely say, " there is not one of us, 
 who, if he was in your station, would venture to depart from the 
 instructions." As you had not the least shadow of evidence to 
 warrant this, we are sure you could not say it with safety : and 
 we leave it with your Honor to determine, how far it is reconcile- 
 able with delicacy, to suggest it. In what particulars, the holding 
 the General Court at Cambridge, is injurious to us and the pro 
 vince, has already been declared by the House^ and must be too 
 obvious to escape your Honor s observation. Qfet you are pleased 
 to tell us, that " the inconveniencies can easily be removed, or, 
 are so inconsiderable, that a very small public benefit will out 
 weigh them." That they are not inconsiderable, every day s ex 
 perience convinces us; nor are our constituents insensible of them. 
 But how they can be easily removed, we cannot conceive, unless 
 by removing the Court to Boston. Can the public offices and re 
 cords, to which we are under the necessity of recurring, almost 
 every hour, with any safety or convenience to the public, be re 
 moved to Cambridge ? Will our constituents consent to be at the 
 expense of erecting a proper house at Cambridge, for accommo 
 dating the General Court, especially, when they have no assurance 
 that the next freak of a capricious Minister will not remove the 
 
MASSACHUSETTS STATE PAPERS. 245 
 
 Court to some other place ? Is it possible to have that communi 
 cation with our constituents, or to be benefittejL^v the reasonings 
 of the people without doors here, as at Boston?] We cannot but 
 flatter ourselves, that every judicious and impartial person will 
 allow, that the holding the General Court at Cambridge, is incon 
 venient and hurtful to the province ; nor has your Honor ever yet 
 attempted to show a single instance, in which the province can be 
 benefitted by it ; no good purpose, which can be answered by it, 
 has ever yet been suggested by any one to this House. And we 
 have the utmost confidence, that our most gracious Sovereign has 
 no desire to hold the General Court at any place inconvenient to 
 its Members, or injurious to the province ; but rather, that he 
 will frown upon those, who have procured its removal to such a 
 place, or persist in holding it there. 
 
 We are not indeed sure, that the Ministry caused the Assembly 
 to be removed to Cambridge, in order to worry them into a com 
 pliance with any arbitrary mandate to the ruin of our own, or 
 our constituents liberties 5 but we know, that the General Assem 
 bly has in times past, been treated with such indignity and abuse, 
 by the servants of the Crown, and a wicked Ministry may attempt 
 it again. 
 
 Your Honor observes, that " the same exception may be made 
 to the use of every other part of the prerogative, for every part is 
 capable of abuse." We shall never except to the proper use of 
 the prerogative we hold it sacred as the liberty of the subject. 
 But every abuse of it will always be excepted to, so long as the 
 love of liberty, or any public virtue, remains. And whenever any 
 other part of the prerogative shall be abused, the House will not 
 fail to judge for themselves, of the grievance, nor to exert every 
 power with which the constitution hath entrusted them, to check 
 the abuse of it, and redress the grievance. 
 
 The House had expressed to your Honor their apprehension of 
 a fixed design, either to change the seat of government, or to har 
 ass us, in order to bring us into a compliance with some arbitrary 
 mandate. Your Honor says, you know of no fixed design to har 
 ass us, &c. Upon which, we cannot but observe, that if you did 
 not know of a fixed design to change the seat of government, you 
 would not have omitted so fair an opportunity to satisfy the minds 
 of the House in a matter of such importance to the province. As 
 to vour very condescending and liberal professions, of exercising 
 patience or using despatch, as would be most agreeable to us, we 
 shall be very much obliged to your Honor, for the exercise of those 
 virtues, whenever you shall see cause to remove us to our ancient 
 and established seat ; but these professions can be no temptations 
 to us, to give up our privileges. 
 
 Your Honor is pleased to say, " we consider the charter as a 
 compact between the Crown and the people of this province. * 
 And to ask a question, " shall one party to the compact be held, 
 
246 MASSACHUSETTS STATE PAPERS. 
 
 and not the other ?"_ It is true, we consider the charter as such 
 a compact, and agree that both parties are held. The Crown cove 
 nants, that a great and General Court shall be held every last 
 Wednesday in May, forever ; the Crown, therefore, doubtless is 
 bound by this covenant. But we utterly deny, that the people 
 have covenanted to grant money, or to do business, at least any 
 other business, than choosing Officers and Counsellors to complete 
 the General Court, on the last Wednesday in May, or any other 
 day or year whatever ; therefore, this House, by refusing to do 
 business, do not deprive the Crown of the exercise of the preroga 
 tive, nor fail of performing their part of the compact. 
 
 Your Honor would, doubtless, have been culpable, had you re 
 fused to call a General Court on the last Wednesday in May ; and 
 the House might have been equally culpable, if they had refused to 
 choose a Speaker and a Clerk, or to elect Counsellors, whereby to 
 complete the General Court ; for, in case of omission in either 
 part, a question might arise, whether the people would have a le 
 gislative. When the General Assembly is thus formed, they are 
 empowered by the charter to make, ordain, and establish all man 
 ner of wholesome and reasonable orders, laws, statutes, or ordi 
 nances, directions and instructions, either with penalties or with 
 out. But the charter no where obliges the General Court to make 
 any orders, laws, statutes, or ordinances, unless they, at that time, 
 judge it conducive to the public good to make them ; much less 
 does it oblige them to make any laws, &c. in any particular 
 session, year, or number of years, whenever they themselves shall 
 judge them not to be for the public good. Such an obligation 
 would not leave them the least color of freedom, but reduce them 
 to a mere machine ; to the state the Parliament would have been 
 in, if the opinion of the two Chief Justices and the three Puisne 
 Judges had prevailed, in the reign of Richard the Second, " that 
 the King had the governance of Parliaments, and ma^ appoint what 
 shall be first handled, and so gradually what next, in all matters 
 to be treated of in Parliament, even to the end of the Parliament ; 
 and if any persons shall act contrary to the King s pleasure made 
 known therein, they are to be punished as traitors ;" for which 
 opinion, those five Judges had judgment, as in case of high treason. 
 Your Honor will allow us to ask, whether the doctrine contained 
 in your question, viz. : " if you should refuse to do business now 
 you are met, would you not deprive the Crown of the exercise of 
 the prerogative, and fail of performing your part of the compact?" 
 which implies a strong affirmation, is not in a degree the very doc 
 trine of Chief Justice Tresilian, and the four other Judges, just 
 now mentioned ? By convening, in obedience to his Majesty s 
 writ, tested by your Honor, and again, at the time to which we are 
 prorogued, we fully have submitted to the prerogative, and per 
 formed our part of the compact. 
 
 This House has the same inherent rights in this province, as the 
 
MASSACHUSETTS STATE PAPERS. 24:7 
 
 House of Commons has in Great Britain. It is our duty to pro 
 cure a redress of grievances 5 and we may constitutionally refuse 
 to grant our constituents money to the Crown, or to do any other 
 act of government, at any given time, that is not affixed by charter, 
 to a certain day, until the grievances of the people are redressed. 
 We do not pretend that our opinion is to prevail against his Ma 
 jesty s opinion ; we never shall attempt to adjourn, or prorogue, or 
 dissolve the General Court; but, we do hope, that our opinion 
 shall prevail against any opinion whatever, of the proper time, to 
 make laws and to do business. And by exerting this power which 
 the constitution has given us, we hope to convince your Honor and 
 the Ministry, of the necessity of removing the Court to Boston. 
 
 All judicious men will allow, that the proper time for the House 
 to do their part of the business of the province, is for the House 
 to judge of and determine. The House think it is not, in the pre 
 sent circumstances of the province, a proper time to do the busi 
 ness, while the Court is constrained to hold their session out of 
 Boston. Your Honor is of a different opinion. We have con 
 formed to this opinion, as far as the constitution requires us, and 
 now our right of judging commences. If your Honor s, or even 
 his Majesty s opinion, concerning this point, is to prevail against 
 the opinion of the House, why may not the Crown, according to 
 the Tresilian doctrine, as well prescribe and require what business 
 we shall do, and in what order. 
 
 The House are still ready to answer for the ill consequences 
 which can be justly attributed to them ; nor are they sensible of 
 any danger, from exerting the power which the charter has given 
 them, of doing their part of the business in their own time. That 
 the province has enemies, who are continually defaming it and then? 
 charter, is certain ; that there are persons who are endeavoring to 
 intimidate the province, from asserting and vindicating their just 
 rights and liberties, by insinuations of danger to the constitution, 
 is also indisputable. But no instance happened, even in the exe 
 crable reign of the worst of the Stuart race, of a forfeiture of a 
 charter, because any one branch of a legislative, or even because 
 the whole government under that charter, refused to do business, 
 at a particular time, under grievous circumstances of ignominy, 
 disgrace, and insult ; and when^heir charter had explicitly given 
 to that government the sole powei^o/ judging of the proper season 
 and occasion of doing business. (We are obliged, at this time, to 
 struggle with all the powers with which the constitution has fur 
 nished us, in defence of our rights ; to prevent the most valuable 
 of our liberties from being wrested from us, by the subtle machi 
 nations and daring encroachments of wicked Ministers. We have 
 seen, of late, innumerable encroachments on our charter : Courts 
 of Admiralty, extended from the high seas, where, by the compact 
 in the charter, they are confined, to numberless important causes 
 upon land ; multitudes of civil officers, the appointment of all 
 which, is, by charter, confioed to the Governor and Council, sent 
 
248 MASSACHUSETTS STATE PAPERS. 
 
 here from abroad by the Ministry ; a revenue, not granted by us, 
 but torn from us 5 armies stationed here without our consent ; and 
 the streets of our metropolis crimsoned with the blood of our fellow- 
 subjects. These, and other grievances and cruelties, too many to 
 be here enumerated, and too melancholy to be much longer borne 
 by this injured people, we have seen brought upon us, by the de 
 vices of Ministers of State ; we have seen and heard of late, 
 instructions to Governors, which threaten to destroy all the remain 
 ing privileges of our charter. In June, 1768, the House, by an 
 instruction, were ordered to rescind an excellent resolution of a 
 former House, on pain of dissolution ; they refused to comply with 
 so impudent a mandate, and were dissolved ; and the Governor, 
 though repeatedly requested, and although the exigencies of the 
 province demanded a General Assembly, refused to call a new one, 
 until the following May. In the last year, the General Court was 
 forced to give way to regular troops, illegally quartered in the 
 town of Boston, in consequence of instructions to Crown Officers ; 
 and whose main guard was most daringly and insultingly placed at 
 the door of the State House ; and afterwards they were constrained 
 to hold their session at Cambridge ; the present year, the Assem 
 bly is summoned to meet, and is still continued there in a kind 
 of duress, without any reason, that can be given any motive 
 whatever, that is not as great an insult to them and breach of their 
 privilege, as any of the foregoing. Are these things consistent 
 with the freedom of the House ; or, could the General Court s 
 tamely submitting to such usage, be thought to promote his Ma 
 jesty s service ? Should these struggles of the House prove un 
 fortunate and ineffectual, this province will submit, with pious 
 resignation, to the will of Providence ; but it will be a kind of 
 suicide, of which we have the utmost horror, thus to be the instru 
 ments of our own servitude^ 
 
 We beg leave, before we conclude, to make one remark on what 
 you say, that " our compliance can be of no benefit to our Sove 
 reign, any further, than as he interests himself in the happiness of 
 his subjects." 
 
 We are apprehensive that the world may take this for an insin 
 uation very much to our dishonor, as if the benefit of our Sove 
 reign is a motive in our minds against a compliance. But as this 
 imputation would be extremely unjust, so we hope, it was not in 
 tended by your Honor. We are obliged, however, in justice to 
 ourselves and constituents, to declare, that, if we had reason to 
 believe that a compliance would be any, the least benefit to our 
 Sovereign, it would be a very powerful argument with us ; but, we 
 are, on the contrary, fully persuaded, that a compliance, at present, 
 would be very injurious and detrimental to his Majesty s service. 
 
 [The committee who prepared the above, were, Mr. Hancock, 
 Maj. Hawley, Mr. S. Adams, Mr. J. Adams, Capt. Denny, and 
 Maj. Galiison.] 
 
MASSACHUSETTS S11ATE PAPERS. 249 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 AUGUST 3, 1770. 
 
 Gentlemen of the House of Representatives, 
 
 You have sent me a message, in which you profess to make a 
 few observations upon some " specious" things contained in my 
 speech to the Council and House, which, you say, may have a ten 
 dency to make an unhappy impression upon some minds. 
 
 I shall make some general remarks upon your message, not 
 from any expectation of prevailing with you, at this time, to alter 
 resolutions which you have come into, but from a desire to con 
 vince the good people you represent, that your reasons for re 
 fusing to proceed to business, are very insufficient. 
 
 You make a doubt, whether it is, or ever was, his Majesty s 
 pleasure, that the Court should meet at Cambridge. I have no 
 doubt of it. You give this reason for your doubt, that my orders 
 are not communicated to you. I know it to be his Majesty s 
 
 Pleasure, that I should not communicate them ; and the restraint 
 am under, appears to me to be founded in wise reasons. You 
 speak of times, when there has been a corrupt and profligate ad 
 ministration of daring encroachments of wicked Ministers of 
 devices of Ministers of State ; and you suppose instructions to 
 Governors, to be acts of Ministers, and not of the King ; particu 
 larly, you call an instruction in June, 1768, an impudent mandate. 
 It may not be presumed you would have done this, had you known 
 it to be an order from his Majesty. I wish, however, that you had 
 spared this coarse and indecent epithet. 
 
 I cannot help observing to you, that you have no sufficient 
 grounds to suppose instructions to be the acts of the Minister, and 
 not of the King. I know of no ministerial mandate, or instruc 
 tions. The affairs of America, and of this province in particular, 
 are become too serious to escape his Majesty s immediate atten 
 tion ; and your message, which I am now answering, will be laid 
 before his Majesty, immediately upon its being received by his 
 Secretary of State ; who, by virtue of his office, has free access, 
 and who receives the signification of his Majesty s pleasure, and 
 will give no directions, but such as he knows to be agreeable 
 thereto ; and every order from the Secretary of State, must be 
 supposed to come immediately from the Crown, and ought not to 
 be treated with indignity and contempt. 
 
 The freedom you have used with the characters of the Attorney 
 
 and Solicitor General, will, I fear, likewise bring dishonor upon 
 
 you. Those offices, for more than fifty years past, have been filled, 
 
 in almost every instance, with persons of the highest respectabil- 
 
 32 
 
250 MASSACHUSETTS STATE PAPERS. 
 
 ity for learning and integrity, and many of them have been ad 
 vanced to the first stations in the courts of law and equity, which 
 are, and have been, for years past, the ornament and glory of the 
 English nation. Although you do not think the opinion of the 
 Attorney and Solicitor General, in the case in dispute between 
 us, nor the confirmation of such opinion by the King, in Council, 
 to be any authority for you, yet I must govern myself thereby, un 
 til I have better reasons against it, than any you have given in 
 your message. 
 
 Your quotation from Mr. Locke, detached as it is from the rest 
 of the treatise, cannot be applied to your case. I know of no at 
 tempts to enslave or destroy you ; and, as you very prudently 
 would not be understood to suggest that this people have occasion, 
 at present, to proceed to such extremities as to appeal to heaven, 
 [ am at a loss to conceive for what good purpose you adduce it. 
 
 You find nothing in your records, which does not agree with 
 what I have said, of the proceedings of the House, at Salem, in 
 Governor Burnet s administration, nor did I cite the instance for 
 any other purpose, than to show, that they were very careful to 
 avoid a resolution, which you, as I think, too suddenly came into ; 
 nor does my speaking respectfully of the Council of that day, les 
 sen the Council of the present day, who, although they have dis 
 covered a desire in their messages to me, that the Court should be 
 removed to Boston, yet, they declare, that they never refused to 
 do business at Cambridge, and I have now no doubt, that if you 
 had done your part of the public business, they would have joined 
 and done their part also. 
 
 From the appointment of a committee by the House, in 1754, 
 to consider of a proper place to build another Court House, you 
 infer, that the House was to have a voice in determining the place 
 where the Court should meet. You are very sensible, that a vote, 
 for building a Court House, which incurs expense upon the people, 
 must, by the constitution, originate with the House of Representa 
 tives. If one, or divers other Court Houses, besides that in Boston, 
 had been built, the Governor s right to call the Court to which he 
 pleased, or to any other place, remained inviolate ; the votes of 
 the Representatives, for building a Court House, notwithstanding. 
 
 You then proceed to call in question my obligation, or right, to 
 observe my instructions. And you say, that by a royal grant in 
 the charter, in favor of the Commons of the province, the Governor 
 has the sole power of adjourning, proroguing, and dissolving the 
 General Court ; and you think it discovers the wisdom of the grant, 
 because a person residing in the province, is a more competent 
 judge of the fitness of the time and place of holding the Court, 
 than any person residing in Great Britain, and a grant thus made 
 in favor of the people, cannot be superseded by instructions, with 
 out vacating the charter by the breath of a Minister of State. 
 
 Your making use of the word sole, instead ef full 5 the word in 
 
MASSACHUSETTS STATE PAPERS. 251 
 
 the charter, must proceed from inattention. I must observe to you, 
 that many cases may happen, to make it necessary to alter the 
 place of holding the Court, which a person in Great Britain may 
 as well judge of, as one who is upon the spot, and, perhaps, the 
 present case is such an one. But, where you find that the power 
 of adjourning, proroguing, and dissolving the Court, was granted 
 to the Governor in favor of the Commons, I am utterly at a loss. 
 The charter is, undoubtedly, a royal grant, in favor to the people 
 of the province, of every order. They were at the time of the grant, 
 living in the colony, under a form of government, which would not 
 admit of an adjournment, prorogation, or dissolution of the Gene 
 ral Court, without the act or consent of the Council and Repre 
 sentatives. They were soliciting, by their agents, a confirmation 
 of their privileges. The King determines, that, for the future, the 
 Governor should have the full, or sole power, if you choose it, of 
 adjourning, proroguing, and dissolving the General Court. Is it 
 not very extraordinary, that the Representatives should now as 
 sert, that depriving them of a share in this power, and confining it 
 to the Governor alone, was a grant in favor of the Commons ? The 
 Governor, under the old form, had no negative in any case; but now, 
 no acts of Council or Assembly are valid, to which he denies his 
 consent. May it not, with equal reason, be said, that this power 
 was also reserved to the Governor in favor of the Commons ? It 
 is very certain, that unless it be so, there will be no supporting the 
 doctrine, that the Crown has divested itself of its right of control- 
 ing the Governor. 
 
 You are sensible that this can hardly be supported, for you allow 
 that, in some cases, instructions may be binding, and you do not 
 seem very averse from admitting that in ordinary cases, notwith 
 standing this singular grant in favor of the Commons, that the Com 
 mander in Chief ought to obey instructions respecting the conven 
 ing and holding the Court, but you are clear that, when they can 
 not be complied with, without injuring the people, they cease to be 
 binding, otherwise the Representative of a King, who can do no 
 wrong, by means of instructions, may obtain a right to do wrong., 
 
 I am not contending, gentlemen, for a right to do wrong, and jfl 
 am very willing to understand the maxim, that the King can do 
 no wrong, in the commonly received sense of it, that his servants 
 alone shall be punished for the wrong they do, and not avail them 
 selves of a royal order, or instruction, for their justification ; and if 
 I was convinced, that removing the Court from Boston, was an en 
 croachment upon your natural or constitutional rights, I would 
 not urge my commission or instructions, to justify the doing it; 
 but I must make my own reason and judgment my rule, and not 
 yours ; and until I am convinced of the encroachment, must con-, 
 form to my instructions. "*""" * 
 
 You think I ought not to have deemed the inconveniencies of 
 your sitting out of Boston, inconsiderable ; or, that they can easily 
 
MASSACHUSETTS STATE PAPERS. 
 
 be removed; and you ask me, if the public offices and records can, 
 with safety or convenience, be removed to Cambridge ? I think 
 the expense of one or two days wages of the Members, would have 
 removed all that are necessary, to Cambridge, and kept them 
 there-with safety and convenience, the whole session ; and, if we 
 may judge from the sessions at Concord, you would do your busi 
 ness with so much greater despatch at Cambridge, than at Boston, 
 as to shorten the session more than two days. You ask, whether I 
 think your constituents would be at the expense of building a 
 Court House at Cambridge ? I am not certain, what their present 
 disposition is, but I know there is no necessity for it; you have the 
 use of a very commodious room, without any inconvenience to the 
 College, in this time of vacation ; and, if you think the benefit 
 which the students receive by attending your debates, is not equal 
 to what they may gain in their studies, they may easily be restrain 
 ed, and then your sitting in the College, will be little or no incon 
 venience at any other time. You add, is it possible to have that 
 communication with our constituents, or to be benefitted by the 
 reasoning of the people without doors, in Cambridge, as at Boston ? 
 In whatever town the Court shall sit, the Representatives of that 
 town, must have opportunity beyond the rest of the House, for 
 consulting their constituents ; the consulting of a transient person 
 passing through any town, cannot afford any great advantage, nor 
 ought, constitutionally, the opinion of such persons to have any 
 influence upon your votes and determinations ; for, if I have any 
 just idea of a House of Representatives, in the English constitu 
 tion, you are sent by your constituents, to assemble together, that 
 they may have the benefit of your reasoning within doors, and not 
 the reasoning of any particular town or person, without doors. 
 
 Because, when I told you I knew of no fixed design to harass 
 you, I did not add, nor to change the seat of government, you de 
 termine that I am privy to such a design; but E am not. If there 
 be any such design, I think, your proceeding to business at this 
 time, would have the best tendency of any thing in your pov/er, to 
 cause it to be laid aside. 
 
 You allow that the charter is a compact, and that both parties 
 are held ; but you say the people never covenanted to grant money, 
 or to do any business, except choosing Officers and Counsellors, to 
 complete the General Court, on any day or year whatsoever. I 
 never said they did. I never had the least dispute with you, ex 
 cept upon the place of your meeting. The time, there has been 
 no exception to. It has been a matter of indifference to me per 
 sonally. I have endeavored to find out when it would be most 
 convenient for you, that I might oblige you ; and the business of 
 the Court, I have left to you to arrange and act upon, when, and in 
 what order, you thought proper. 
 
 In my speech to you, I ask you, if you had refused to meet, or 
 should refuse to do business, now you are met, would you not de- 
 
MASSACHUSETTS STATE PAPERS. 253 
 
 f)rive the Crown of the exercise of the prerogative, and fail of per 
 forming your part of the compact ? Without the least color for it, 
 you make a forced, unnatural construction of my words, and deter 
 mine that lam directing the several parts of the business yon shall 
 do, and the time of doing them, and that I hold the doctrine of 
 Tresilian in degree, " that the King hath the government of Par 
 liament, and may appoint what shall be first handled, and so grad 
 ually, what next in all matters to be treated of in Parliament, even 
 to the end of Parliament ; and if any person shall act contrary to 
 the King s pleasure, made known therein, they are to be punished 
 as traitors." 1 have ever treated your messages with the utmost 
 fairness. I have passed over, in silence, many passages in them, 
 extremely exceptionable, and, in return, you have wrested my ex 
 pressions to a sense, in which no man alive, could suppose, I in 
 tended them. Had Tresilian advanced no more than I have done, 
 he would never have met with any blame. Had he only asserted 
 that the King, by virtue of his prerogative, had a right to assem 
 ble the Parliament, at such time and place, as he thought proper, 
 and that if the Commons should refuse to assemble or to do the 
 necessary business of the kingdom, when they were assembled, 
 they would, upon the principles of the English constitution, fail of 
 performing what was incumbent on them, he would never have 
 been called in question for his doctrine ; and yet this is all I have 
 said to you. I am willing to attribute this injurious treatment to 
 inadvertence in the body of the House, by their passing upon so 
 long and important a message, and which the committee took so 
 many days to prepare, with so little debate after it was reported. 
 After ail your objections, you tell me that you did convene, in 
 obedience to his Majesty s writ ; that you met again, at the time 
 to which you stood prorogued ; that you conformed to my opin 
 ion, so far as the constitution requires you ; and now your right 
 of judging commences. Consider, then, how the case now stands. 
 You are held, by the constitution, to convene at a time and place 
 appointed, but you are under no obligations to do any business, 
 except at such times as you think proper ; and, if you do not like 
 the place, you will exercise your right, and determine it is not a 
 proper time. Can any thing render the prerogative more futile ? 
 Let me ask you, whether, if your agents, when they were solicit 
 ing the charter, had been held to say, how far they acknowledged 
 his Majesty s prerogative to convene the Court, at such time and 
 place as he thought proper ; and they had replied that they ac 
 knowledged it with this reserve, that the House of Representatives 
 should be at liberty to refuse to do business, until the Court should 
 be removed to such place as they thought proper, you imagine the 
 charter would have passed the seals ? Neither your more thorough 
 examination of the constitution, nor your extraordinary zeal for 
 its defence, of which you speak, can alter the original frame and 
 intention. 
 
MASS A i H i >rvr> -TATE PAFV 
 
 Your main reserve, it" it could be admitted, that whensoever the 
 prerogative shall be exercised in a manner not for the public good, 
 of which you are to be judges, it ceases to be a prerogative, is un 
 answerable. In all controversies, as soon as one party is allowed 
 to be the sole judge, the knot is cut, and there must be an end ot 
 strife. But to this I spoke fully at opening the session. 
 
 You are still ready to answer tor all the ill consequences 
 which can justly be attributed to you." The dangers may be irre- 
 pairable, and it may be out of your power to compensate them. 
 The people will then see what was their real interest ; but they 
 will see it too late. 
 
 I cannot omit taking notice of a remark, at the close of your 
 message, upon an observation I made, that 4 * your compliance 
 could be no benefit to his Majesty." I had no other intention, 
 than to express my sense, that the people solely can be aflected by 
 your refusal to do business. You had no room" to suppose, that I 
 intended by it, to set you in an unfavorable light, as uisaftected to 
 his Majesty, and so induced to a non-compliance with his royal 
 pleasure. 
 
 The remaining parts of your message, having no immediate re 
 lation to this controversy, but respecting matters which concern 
 the colonies in general, and the authority of the Supreme Legisla 
 ture, npon which, in language very mucn the same, the House of 
 Representatives have repeafedlv enlarged, which has, from time 
 to time, been transmitted to be laid before his Majesty, I will 
 make no reply to them, for I have no inclination to multiply con 
 troversies with you : and those subjects have been so fully dis 
 cussed, that it is not probable, you or I shall be able to cast any 
 new light upon them. 
 
 I called you together, that you might further consider what, 
 by the constitution, as appeared to me, it was your duty to do, 
 and to give you an opportunity of doi^g it. You came, very soon, 
 to a resolution to do no business. If you had stopped tRere, I 
 should have prorogued you, without much delay : for I have no 
 intention to compel you to any measure by duress, nor to cause 
 any unnecessary charge upon the people ; but you appointed a 
 committee to answer my speech, which answer I did not receive 
 until the eighth day alter the meeting of the Court. I have taken 
 one dav only for my reply, and shall now order a further proroga 
 tion. It will be happy for the province, if, when you again as 
 semble, you can join with me in what is necessary for its real in 
 terest. T. HUTCHENSON, 
 
 [The Court was then prorogued by the Secretary, to Septem 
 ber 0th, to meet in the College Chapel, in Cambridge. Some 
 apology, perhaps, is necessary, for giving in this volume, all the 
 speeches and messages of the Lieutenant Governor, and the mes- 
 I and resolutions, &c. of the House of Representatives, and of 
 
255 
 
 the Council, respecting the convening and holding of the General 
 Court at Cambridge. Thin has been done in conformity to the 
 advice of the highly respectable personage, who was consulted on 
 the subject, and who approved of this publication 5 and the Kdi- 
 tor feels a confidence, that the papers relating to this controversy, 
 will be read with interest, by those who wish to know all the pro 
 ceedings of the patriots of that eventful period. These documents 
 are, likewise, such as were promised in the proposals for this vol 
 ume, and serve to exhibit the characters and principles of the men, 
 who stood forth in opposition to the arbitrary assumptions of the 
 British Ministry.] 
 
 SPEECH 
 
 OF THE LIEUTENANT GOVERNOR TO THE COUNCIL AND HOUSE OF REPRE> 
 SENTATIVES, SEPTEMBER 27, 1770.* 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 IT is now become, in several respects, more necessary for the 
 General Court to proceed upon the business of the province, than 
 it was when I met you in your two last sessions. Many of our 
 laws, which have been of great utility, are expired ; some for the 
 punishment of criminal offences ; others which affect the course of 
 our judicial proceedings ; and the people call for the revival of 
 them. There are other affairs depending, of a very interesting 
 nature, which had not then come to our knowledge, and which may 
 be determined, before we can have another opportunity of acting 
 upon them. The Council thought it not advisable for me to pro 
 rogue the Court to a further time. Their opinion and advice, 
 which always have weight with me, induced rne to call you to 
 gether rather sooner than I had before intended. -^ 
 Pursuant to my instructions, and the established practice, I\ 
 caused the acts and doings of the General Court, at the session in 
 March last, to be transmitted to England, by the first opportunity. 
 Particular notice has been taken of a grant, made in that session, 
 to a number of persons, who had settled u;,on lands in the eastern 
 part of the province ; and, it appearing that other persons had also 
 began settlements eastward of Sagadahock, some under color of 
 grants from the General Court, notwithstanding that, by the ex\ 
 
 * A committee had waited on the Lieutenant Governor, to inform him, that a quortTm of 
 the House of Representatives had met, and were desirous he would retri<A"e the General 
 Conn to its ancient and legal seat, the Town House, in Boston. 
 
256 MASSACHUSETTS STATE PAPEHL9. 
 
 press terms of the charter, such grants are of no force, validity, or 
 effect, until approved by the Crown ; others, without any color of 
 grant or title whatsoever. These settlements are deemed of great 
 importance in various lights, but in none more so, than in that of 
 the encouragement they have given to the waste and destruction 
 of the King s timber, which is a matter of the most serious con 
 sideration, in respect of the naval strength of the kingdom. It is 
 made my duty to inform you, that, as the remedy for this great 
 mischief, ought properly, and can only effectually come from the 
 province within whose jurisdiction the lands lie, it is expected all 
 trespassers should be prosecuted; and lam further to inform you, 
 that the neglecting to exert every legal means to remove and pre 
 vent all unwarrantable intrusions, will be imputed as a default, 
 for which the province will stand responsifilej From a sense of 
 my duty to the King, and from regard to the interest of the pro 
 vince, I must desire you to take this affair into your consideration, 
 and do what is necessary on your part. I will assist and concur 
 with you, to the utmost of my power. 
 
 Gentlemen of the House of Representatives, 
 
 In order to conform to the laws of the province, and to maintain 
 the public faith, it was necessary the Treasurer should issue his 
 warrants, for the assessment of the whole province debt, in the 
 Current year. If these warrants have not been so far executed as 
 to render any alteration impracticable, and you shall be of opinion, 
 that the burden will be too great for the people to bear, I am wil 
 ling to consent to an act for affording the necessary relief, by eas 
 ing the present year of part of this tax, and charging the same sum 
 upon a future year. 
 
 A state of the treasury will be laid before you, by which it will 
 appear, that a supply will be necessary. Some appropriations are 
 quite exhausted. 
 
 His Majesty having thought fit to order that the garrison of 
 Castle William, in the pay of the province, should be withdrawn, 
 and that this fortress should be garrisoned by his Majesty s regu 
 lar forces, I am prevented from desiring you to make the usual 
 establishment. The last establishment expired the 20th day of 
 June last. I know you did not expect I should then dismiss the 
 officers and men. I must now desire you to continue their pay 
 and subsistence from the expiration of the establishment; and, as 
 they are discharged at a season of the year when it will be difficult 
 for them to find employ, I could wish that the continuance might 
 extend, at least, to the 20th of November, the usual time of mak 
 ing up the roll. It is no more than justice to the garrison to say, 
 they have behaved well, and have some claim to favor. 
 
 The establishment for Fort Pownall being also expired, I must 
 recommend to you to provide for the revival and continuance of it. 
 
MASSACHUSETTS STATE PAPERS. 257 
 
 Gentlemen of the Council, and House of Representatives, 
 
 As the affairs which lie before you, are of great moment, and 
 deserve your serious and mature deliberation, so they must take up 
 much time. It is therefore more necessary, that you should begin, 
 without delay, and should proceed with all diligence. I wish 
 there may be a good harmony in the Legislature, and that we may 
 unite in such measures as our common interest, and the interest of 
 the province^ requires of us. T. HUTCHINSON. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT 
 GOVERNOR, OCTOBER 4, 1770. 
 
 May it please your Honor, 
 
 THE House of Representatives having taken into considera 
 tion your speech to both Houses, at the opening of this session, 
 beg leave to request your Honor to explain a part of it, which is 
 expressed in such terms, as leave it uncertain in its true intent and 
 meaning. The passage referred to, is that wherein you say, 
 4i there are other affairs, of a very interesting nature, which had 
 not then come to our knowledge, and which may be determined 
 before we can have an opportunity of acting upon them." No such 
 matters have come to the knowledge of this House ; if they have 
 been communicated to your Honor from his Majesty, or his Min 
 isters, we desire you would be pleased to lay them before us, that 
 we may have a precise understanding of what your Honor intends ; 
 the want of which, prevents our coming at present to any determi 
 nation on your speech. 
 
 The House are also very desirous your Honor would inform 
 them, whether you have received any late instructions, agreeable 
 to your expectation, expressed in your message to this House, of the 
 first of June last, relating to the continuance of this Assembly out 
 of its ancient, legal, and only convenient place, the Town House, 
 in Boston. 
 
258 MASSACHUSETTS STATE PAPERS. 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVE S, 
 OCTOBER 4, 1770. 
 
 Gentlemen of the House of Representatives, 
 
 I AM not at liberty to make public, or communicate to you, by 
 speech or message, an order of his Majesty in Council, of the 6th 
 of July last, but it appears to me, that in consequence thereof, the 
 state of the province of Massachusetts Bay will, undoubtedly, be 
 recommended to the consideration of Parliament in the approach 
 ing session. This is the principal matter of moment to which my 
 speech, at the opening of the session of the General Court, had 
 respect. Although I am not at liberty to lay this order before you, 
 yet, I am very ready to give all the information, in my power, to 
 any committee, you may think proper, of the facts and ground up 
 on which this order is founded, so far as shall consist with my 
 instructions. 
 
 His Majesty has been pleased to cause to be expressed his en 
 tire approbation of my summoning the Court to meet at Cam 
 bridge. I am restrained from removing it to Boston, but I am not 
 confined to the town of Cambridge. I am willing to meet the 
 Court at any town in the province, which shall appear to me to be 
 most for the convenience of the members, and which shall not mil 
 itate with the spirit of my instructions. 
 
 T. HUTCHINSON. 
 
 MESSAGE 
 
 FROM THE SOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOV 
 
 ERNOR, OCTOBER 13, 1770. 
 
 
 
 May it please your Honor, 
 
 IN your speech to both Houses at the opening of the session, 
 you was pleased to say, that his Majesty had thought fit to order 
 the garrison of Castle William, in the pay of the province, to be 
 withdrawn, and the fortress to be garrisoned by his regular forces. 
 Your Honor must be assured, from a thorough khowledge of 
 this people, that they are inferior to none of his Majesty s subjects, 
 in loyalty and warmth of affection to his Majesty s person, family^ 
 and government. We have reason, therefore, to believe, that very 
 false representations have been made of them to our Sovereign, to 
 induce him to pass an order, which implies a total want of confi 
 dence, and carries in it the evident marks of his royal displeasure. 
 
MASSACHUSETTS STATE PAPERS, 
 
 259 
 
 If you are knowing to any such representations, we have a right 
 to expect that you will communicate them to us; and thereby give 
 us the opportunity of taking the most effectual measures, to clear 
 Up our own and our constituents innocence, and recover his Ma 
 jesty s favor. This request must appear to your Honor so rea 
 sonable in itself, and so important to us, that it cannot be denied ; 
 for it is repugnant to the common principles of natural justice, 
 that we should remain under such injurious representations, with 
 out being made acquainted with the crimes that are alleged 
 against us. ^i 
 
 By the royal charter, it is expressly granted, established, and j 
 ordained, that the Governor of the province, for the time being, 
 " shall have full power, from time to time, to erect forts, and to 
 fortify any place or places within the province, and the same to 
 furnish with all necessary ammunition, provision, and stores of 
 war, for offence or defence, and to commit, from time to time, the 
 custody and governmeut of the same, to such person or persons, 
 as to him shall seem meet." We beg your Honor would be pleas 
 ed to inform us, whether you still hold the command of that im 
 portant fortress ? You tell us, in your speech, that you are pre 
 vented from desiring us to make the usual establishment ; from 
 hence, we have grounds to apprehend, that the power, vested in 
 you by the charter, is superseded by instruction. If the custody 
 and government of that fortress, is now lodged with the military 
 power, independent of the supreme civil magistrate, within this 
 jurisdiction, it is so essential an alteration of the constitution, as 
 must justly alarm a free people. We cannot, therefore, but be 
 very earnestly solicitous of being clearly and explicitly made ac- . 
 quainted with the full import of the aforementioned order, as well/ 
 as the grounds and facts upon which it is founded. 
 
 [The committee who reported the above, were, Mr. Hancock., 
 Gen. Prebble, Col. Gerrish, and Capt Farley.] 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES^ 
 OCTOBER 16, 1770. 
 
 Gentlemen of the House of Representatives, 
 
 I AM not privy to any false representations, which might in 
 duce his Majesty s order, to which you refer, in your message to 
 me, and which, you suppose, to imply a total want of confidence, 
 and to carry in it evident marks of the royal displeasure. I am, 
 nevertheless, ready to do every thing in my pov/er, to enable you 
 
260 MASSACHUSETTS STATE PAPERS. 
 
 to take the most effectual measures to clear up your own, and your 
 constituents innocence, and to recover his Majesty s favor. 
 jf is my duty to acquaint his Majesty s principal Secretary t 
 State for America, with all such public transactions, as are worthy 
 of his Majesty s notice. In the beginning of May last, I enclosed 
 a copy of the answer of the House of Representatives to my mes 
 sage, of the 7th of April preceding. I did it without any com 
 ment, as I promised I would do. Soon after. I forwarded a printed 
 paper, containing the instructions, of the town of Boston, to their 
 Representatives. That message, and those instructions, without 
 any other representation, I have sufficient reason to believe, were 
 the immediate occasion of his Majesty s orders to me, to withdraw 
 from the Castle the garrison, in the pay of the province, and to 
 place there, a garrison of his Majesty s regular forces. 
 
 You recite in your message, which I am now answering, a para 
 graph of the charter, with which I am well acquainted, and which 
 1 kept in my mind during the whole transaction, relative to the 
 exchange of the garrison, at his Majesty s Castle ; and you then 
 ask me, whether I still hold the command of that important for 
 tress ? And, because I am prevented from desiring you to make 
 the usual establishment, you infer, that you have grounds to ap 
 prehend, that the power vested in me, by charter, is superseded 
 by instruction. This expression is somewhat equivocal. If you 
 mean no more, than that I have been instructed by his Majesty. 
 how to use that military authority, which is given me, by charter. 
 and by the royal commission, your inference is right, and such in 
 structions I shall always observe ; but, if you intend that, by with 
 drawing a garrison from his Majesty s Castle, which was paid by 
 the province, and placing a garrison there, to be paid by the King, 
 in pursuance of instructions, received from him, I have divested 
 myself of the right given me, over this, in common with other forts 
 in the province, you have no grounds for your inference. I have 
 not, in this instance, given up any part or your charter rights. I 
 never intend to do it in any other instance. On the other hand, 
 you mayexpect, that I will preserve every part of the King s pre- 
 
 I wittake this occasion, to observe to you, that, as the ammu 
 nition and stores of war, lodged in the Castle, for his Majesty s 
 service, were purchased and intended for the general defence of 
 the province, as well as for the use of that particular fortress, I 
 think it necessary, either to continue the person, who had the im 
 mediate charge of those stores, or appoint some other person store 
 keeper, to issue all stores, by my warrants or order, and to be 
 accountable to me. I must, also, retain another of the officers of 
 the former garrison, to receive all passes for outward bound ves 
 sels, and to make weekly return, to me, of ail vessels, both out 
 ward and inward bound. This is so necessary a provision, for 
 preventing the breach of the acts of trade, that I dare not, upon 
 
I 
 
 MASSACHUSETTS STATE PAPERS. 261 
 
 any consideration, omit it. I must, therefore, recommend to you, 
 to make a proper establishment of these two officers, until I may 
 have opportunity of receiving a further signification of his Majes 
 ty s pleasure, concerning this garrison. 
 
 T. HUTCHINSON 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOVER 
 NOR, OCTOBER 23, 1770. 
 
 May it please your Honor, ^^ 
 
 IN our message to your Honor, of the 13th instant, we desired \ 
 you would be pleased to inform the House whether you still held 
 the command of Castle William. In answer to which you say, 
 that, in withdrawing a garrison from his Majesty s Castfe, which 
 was paid by the province, and placing a garrison there, to be paid 
 by the King, in pursuance of instructions from him, you have not 
 given up any part of our- charter rights. 
 
 This answer appears to the House to be somewhat equivocal. 
 For your Honor may possibly differ with the House, in your con 
 struction of the clause in the charter, which we have recited. By 
 this clause, the Governor of the province is undoubtedly vestecl 
 with the command of that fortress. Your Honor may have been 
 instructed to transfer that command to his Majesty s chief military 
 officer in America, or any other person. If that be the case, the 
 power, which is vested in you, by the charter, is superseded by 
 instructions. 
 
 A doubt in the House, respecting a matter of so very interesting 
 a nature to the province, is the occasion of this repeated message 
 to your Honor, to request that you would, in an explicit manner, 
 assure us, whether you still hold the command of his Majesty s 
 Castle William. 
 
 [The committee which prepared this message, were, Mr. S. Ad 
 ams, Mr. J. Adams, Col. Warren, Mr. Hancock, and Col. Pres- 
 cottj 
 
MASSACHUSETTS STATE PAPERS. 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OP REPRESENTATIVES, 
 OCTOBER 23, 177Q. 
 
 Gentlemen of the House of Representatives, 
 
 Lly my answer to your message, of the 13th instant, I have 
 told you, that, by withdrawing the garrison from Castle William, 
 which was paid by the province, and placing a garrison there, to 
 be paid by the King, in pursuance of instructions, received from 
 him, you had no grounds to infer, that I have divested myself of 
 the right given me, by charter, over this fort, in common with the 
 other forts in the province. 
 
 I had no latent meaning in this, nor any other expression, in my 
 answjecjj I intended it should convey this idea, that I was not, by 
 the exchange of the garrison, divested of the right, and, conse- 
 " r, that I still retain it, for it has never been suggested, that 
 
 quently, 
 I have t 
 
 have parted with it in any other way, nor do I know of any 
 color for such suggestion. 
 
 I know of no ambiguity, in that clause of the charter, which you 
 have recited in your first message to me. I shall be sorry, if the 
 House shall put any construction upon it, different from what 
 appears to me to be the plain sense of the words ; but, I must 
 govern myself by my own understanding, and choose to avoid any 
 altercation concerning it. 
 
 The authority given me over the Castle, by his Majesty s com 
 mission, I have exercised, and continue to exercise, without any 
 infringement of the rights of the people, by charter, or otherwise, 
 arid without any extension of the prerogative of the Crown be 
 yond its just limits ; and, I doubt not, 1 shall be able to vindicate 
 my conduct, if ever I shall be called to account for it. 
 
 T. HUTCHINSON. 
 
 MESSAGE 
 
 FROM THE COUNCIL TO THE LIEUTENANT GOVERNOR, OCTOBER 25, 1770. 
 
 May it please your Honor , 
 
 YOUR Honor having been pleased to make known to the 
 Board, some part of a letter from the Earl of Hillsborough, and 
 also the report of a committee of the Lords of Council, with his 
 Majesty s order in Council, thereon which report and order, 
 greatly affecting the character of the Council of this province, and 
 may, in their consequences, affect our charter right ; we pray your 
 
MASSACHUSETTS STATE PAPERS. 263 
 
 Honor to lay before this Board, an authentic copy of the said 
 report and order, and so much of the said letter, as may concern 
 either the Council or the province, that the Board may know the 
 reasons on which they are grounded, and take such measures as 
 shall be judged most advisable, to vindicate the character of the 
 Council, and prevent any infringements on the charter rights of the 
 province. 
 
 [The committee who waited on the Lieutenant Governor with 
 the above message, reported verbally from his Honor, 4i that, by 
 his instructions, he was strictly forbidden to give a copy of said 
 letter, report, or order, or even to mention them, by speech or 
 mes :age, to either House." It may be proper to observe here, 
 that the aforesaid " report and order" were, in consequence of a 
 deposition of A. Oliver, Esq. the Secretary, taken by request of 
 Lieutenant Governor Hutchinson, and by him, with other papers, 
 forwarded to England, to be laid before the Ministry ; which depo 
 sition states what was done by the Council, on the 6th of March, 
 1770, specially convened by the Lieutenant Governor, on account 
 of the massacre of the 5th, when some of the British regular 
 troops, then stationed in Boston, fired upon the citizens, andjdllejl 
 and woundedelgvein of them. The deposition of the Secretary 
 stafe^r^^KeCouncil advised the Lieutenant Governor to order 
 the troops to the barracks, at the Castle, as otherwise they would 
 be destroyed ; that the commissioners also must remove from Bos 
 ton, where their persons were not safe ; and that a plan had been 
 formed by the people very generally, including men of property 
 and influence, in the province, to have the troops and commission 
 ers removed immediately. The deposition was so worded, as to 
 bear the construction, and that perhaps most naturally, that such 
 a plan was formed previously to the massacre ; whereas, the opinion 
 of the Council really was, that the people were greatly exaspe 
 rated, by the murder of their fellow citizens, and would not rest 
 easy till the troops were removed from Boston to the Castle, or 
 withdrawn wholly from tht province. The deposition further 
 states, that the minutes taken by the Secretary, of the doings and 
 advice of Council, on the 6th, were by them, on the 7th, ordered to 
 be altered ; because, though what took place was therein stated 
 truly, yet, they were desirous it should be so expressed, as to be 
 more favorable to them : the Secretary thus insinuatinff, that they 
 were unwilling to have all they did and advised, appear precisely 
 as it was ; but would have it receive a coloring which would still 
 show their loyalty. And accordingly, in his said deposition, he 
 recited the minutes, as taken the 6th, and then gave the same 
 proceedings, as amended by the Council, on the 7th. The follow 
 ing report of the Council, on this subject, will give a correct view 
 of the affair.] 
 
264 MASSACHUSETTS STATE PAPERS. 
 
 REPORT 
 
 OF A COMMITTEE OF COUNCIL, MADE TO THE BOARD, OCTOBER 24, 1770, RE 
 SPECTING THE REPRESENTATION MADE BY SECRETARY OLIVER OF THEIR 
 CONDUCT, MARCH SIXTH AND SEVENTH, 1770 ; AND BY THE BOARD UNANI 
 MOUSLY ACCEPTED. 
 
 THE committee having ctmsidered the petition of Secretary 
 Andrew Oliver, and his affidavit, concerning the proceedings at the 
 Council, on the 6th and 7th of March last, annexed to a pamphlet 
 published in London, take occasion to make a few observations 
 upon them. 
 
 With regard to the said affidavit, several things are observable 
 from it. 
 
 1st. That what is there declared to be said by Mr. Tyler,* in 
 Council, is expressed in such a manner as to be generally under 
 stood to represent, that, antecedent to the unhappy affair of the 
 5th of March last, there had been a plan formed, by people of the 
 best characters among us, to remove the troops out of the town of 
 Boston ; and after that, the commissioners. 
 
 2d. That divers gentlemen of the Council adopted what had 
 been so said. 
 
 3d. That the Secretary had, in his draft, expressed what had 
 been said in debate, at Council, in the terms in said affidavit re 
 cited ; and that this form, or draft of his, was " allowed by the 
 Council, strictly to express the truth ; but that it would not stand 
 well on the Council records ; whereupon one of the gentlemen of 
 the Board prepared an amendment, which was substituted." 
 
 As to the first article, the plan therein mentioned, was, accord 
 ing to the affidavit, or deposition of the Secretary, intended to ef 
 fect the removal of the troops, and the removal of the commission 
 ers. With regard to the removal of the troops, Mr. Tyler, who 
 mentioned the said plan in Council, on the 6th of March last, de 
 clares, that he had uttered nothing in said Council, purporting 
 that any plan had been formed to remove the troops, previously to 
 their firing on the inhabitants; that he had no idea of a plan 
 formed for the removal of said troops, until the day after the shock 
 ing scene on the evening of the 5th of March ; and that he tfyen 
 meant to be understood, that the disposition of the people to re 
 move the troops, was occasioned by the killing and wounding of 
 divers inhabitants of the town, and by the people s apprehensions 
 that the troops still had an unfriendly design against them. Mr. 
 Erving, Mr. Pitts, and Mr. Dexter,f declare, that they cannot re 
 collect, neither do they believe, that any thing was said in Coun 
 cil by Mr. Tyler, purporting that any plan had been formed to re- 
 
 * R. Tyler, one of tlie Comml. t Members of the Counc.il> 
 
MASSACHUSETTS STATE PAPER3. 265 
 
 move the troops, previously to their firing on the inhabitants; but, 
 that they understood him to mean, that the people were excited to 
 such a measure, by the killing and wounding some of the inhabit 
 ants of the town, on the evening immediately preceding. 
 
 Mr. Danforth, and other gentlemen of the Board, "then present 
 in Council, have made, in substance, the same declaration. Mr. 
 Cotton, the Secretary s deputy, and his assistant, Mr. Skinner, 
 declared, that, when Mr. Tyler mentioned the plan aforesaid, 
 they did not apprehend him to mean a plan, concerted before the 
 6th of March, and the Secretary, himself, has lately declared, be 
 fore the Board, that he did not conceive Mr. Tyler to mean such 
 a preconcerted plan ; and that he never believed any such plan 
 had been formed. All which declarations, amount to a satisfactory 
 proof, that what Mr. Tyler said in Council, did not convey the 
 idea, that a plan had been formed to remove the troops, previous 
 to their killing a number of the inhabitants. 
 
 Witli regard to a plan to remove the commissioners, Mr. Cot 
 ton declares, he heard Mr. Tyler say, that there was a plan to 
 remove the troops from the town ; and, that they would not stop 
 there, but would remove the commissioners also. F. Skinner* 
 declares, in substance, the same ; as does also Capt. Caldwell.* 
 The two first, however, say, that they did not apprehend Mr. Ty 
 ler meant a plan concerted before the 6th of March. With re 
 gard to this, Capt. Caldwell is not explicit. 
 
 Lieut. Col. Dalrymple* said nothing in his deposition, concern 
 ing the commissioners ; but, afterwards, being asked whether he 
 remembered that Mr. Tyler said, a part of the plan was to remove 
 the commissioners out of Boston ? he answered, that something of 
 the kind was said by some one of the Council, during the debates, 
 but he could not say, that it was Mr. Tyler. 
 
 This is the whole of what is declared on the positive side, rela 
 tive to the commissioners. Two of these declarants, viz. : Messrs. 
 Cotton and Skinner, say, they were called out, divers times, while 
 the Council was sitting, and in the course of the proceedings ; 
 and Mr. Cotton infers from it, " that he cannot declare so fully 
 as those who attended, without interruption." , Capt. Caldwell 
 did not go to the Council, till four o clock in the afternoon of the 
 6th of March, and, therefore, cannot judge of what passed in 
 Council, so well as those who attended both parts of the day; 
 did not recollect, when he gave his deposition, that any thing had 
 been said concerning the commissioners ; and his answer, when 
 afterwards asked, shews, he had only a general remembrance of 
 something said about the commissioners. It is very probable, 
 that what passed between the Lieutenant Governor and several 
 of the Council, relative to the protection of the commissioners, as 
 hereafter mentioned, was the thing which lay on his mind. 
 
 h*X Ski fc n< WaS a Cler , k * the Secretary.-Caldwell and Dalrymple, British Offices, called 
 before the Governor and Council, to give their testimony. 
 
 34 
 
266 MASSACHUSETTS STATE PAPERS. 
 
 It is not doubted, that these declarants understood Mr. Tyler, 
 in the sense they have stated : but, it is very probable, they might 
 misapprehend him. It appears, by the deposition of Mr. Gray,* 
 and others, that the Lieutenant Governor asked the Board, what 
 protection there would be for the commissioners, if both regiments 
 were ordered to the Castle 5 and this, very probably, gave the 
 occasion for mentioning the commissioners at all. Mr. Tyler, 
 upon that question, might express his sentiments on that head ; 
 and, having so fair an opportunity, might express his sentiments 
 also, concerning the commissioners themselves, and the low esti 
 mation in which they are held by people in general, not only here, 
 but through the continent ; and, this being mixed with the subject 
 of the day, viz. : the removal of the troops, might occasion, what 
 he meant to say, relative to the troops only, to be understood by 
 some, as relative to them and the commissioners also. It is 
 certain, that all the gentlemen of the Council, then present, have 
 declared, on oath, they have no remembrance that Mr. Tyler 
 said, there was a plan laid for the removal of the commissioners; 
 and, Mr. Gray adds, to this declaration, that he took particular 
 notice of what Mr. Tyler did say. Mr. Tyler, himself, on the 
 most serious recollection, declares, on oath, that the assertion, 
 that he said, " there was a plan formed to remove the commis 
 sioners, or, that it was any part of a plan to remove them," is a 
 gross misrepresentation ; and that, in his best judgment, and firm 
 belief, no plan to remove the troops, before their firing on the in 
 habitants of Boston ; or, at any time whatever, to remove the 
 commissioners, ever was formed, or forming by the people, or any 
 number of persons whatever. He further declares, that, on the 
 Lieutenant Governor s asking, in the Council, what will become of 
 the commissioners, if the troops are removed, several of the gen 
 tlemen gave it as their opinion, that they would be safe, and 
 always had been safe ; and, he verily believes, nothing was said 
 to the contrary, by any one of the Council present. Mr. Gray 
 declares, " that, when the Lieutenant Governor asked the said 
 question, he answered, that the commissioners would be as safe, 
 without the troops, as with them ; for, that the people would never 
 be so mad, as to offer them the least violence, when the troops 
 could so easily be recalled, for their protection." He further 
 declares, " that one gentleman, at the Board, immediately second 
 ed him, and assured his Honor of their safety ; and added, that 
 he would pawn his life, they would receive no injury." 
 
 Mr. Danforth declares, he well remembers, that divers of the 
 Council then declared, that, in their opinion, the commissioners 
 might continue in town, in all safety, after the troops were re 
 moved 5 and, that no one of the Council present, discovered an 
 opinion diverse therefrom. 
 
 Member of the Council. 
 
MASSACHUSETTS STATE PAPERS. 26? 
 
 Mr. Erving declares, that, he said at the Board, in the hearing 
 of the Lieutenant Governor, on the 6th of March, that, in his opin 
 ion, the commissioners were safe in town, and never had been in 
 danger; and, that he would pawn his life, they would remain safe, 
 or words of the same import. 
 
 If the foregoing circumstances and declarations be duly con 
 sidered, it will appear highly probable, that, if Mr. Tyler said any 
 thing about the commissioners, it was misunderstood. And, this 
 will appear still more so, if it be further remarked, that, on the 
 contrary supposition, it must have been considered, as a reason 
 for the troops remaining in town, had the commissioners been 
 supposed to be in danger, as ha been observed by several of the 
 deponents ; and the said deponents are persuaded, it would have 
 been so considered by the Lieutenant Governor, and the com 
 manding officer of the troops ; and, consequently, have tended to 
 defeat the end, which the Members of the Council, particularly 
 Mr. Tyler, were aiming at. And, they further observe, that, had 
 he mentiotied it, as his opinion, there was a design of the people 
 to remove the commissioners, it would have been so entirely con 
 trary to the sentiments of the deponents, and, they doubt not, of 
 every Member of the Council, present, except himself, that they 
 verily believe, it must have produced such a dispute and opposi 
 tion, as would not soon have been forgotten. 
 
 The second thing observable from the affidavit of the Secretary, 
 is, that divers gentlemen of the Council, by referring expressly to 
 it, adopted what Mr. Tyler had said, viz. : " that the people of the 
 best characters among us, had formed a plan, not only to remove 
 the troops, but the commissioners." 
 
 In contradiction to this, every gentleman of the Council, then 
 present, deny that they adopted any such declaration. So far are 
 they from adopting what is represented to have been said by Mr. 
 Tyler, about a plan to remove the commissioners, that there is not 
 one of them has the least remembrance of any thing said concern 
 ing a plan to remove the commissioners ; and therefore, they could 
 not refer to it, or in any sense whatever, adopt it. Mr. Hubbard 
 and Mr. Russell,* declare, that, as they cannot recollect they heard 
 a word from Mr. Tyler of any intention to remove the commission 
 ers, so neither could they have adopted such a strange opinion, 
 had it been advanced by any person whatever. 
 
 Mr. Erving, Mr. Dexter, and Mr. Pitts, declare the same, and 
 add, that, according to their best remembrance, what was really 
 said in Council, by Mr. Tyler, was not referred to by any other 
 Member present, in such manner as that it could, with the least 
 degree of propriety, be affirmed in general terms, as it is in the 
 deposition of the said A. Oliver, " that they adopted what Mr. 
 Tyler had said." 
 
 * Members of the Council. 
 
268 MASSACHUSETTS STATE PAPERS. 
 
 Mr. Danforth, in his deposition, recites, that, " whereas in Mr. 
 Oliver s affidavit it is asserted, that divers of the Council adopted 
 what Mr. Tyler had said, by referring to it, and thereby excusing 
 themselves from enlarging, (which assertion plainly imports that 
 divers members of the Council assented to and adopted all that 
 Mr. Oliver, in his Affidavit, had represented to have been said by 
 Mr. Tyler, relative to a plan formed to remove the commissioners, 
 as well as the troops,) he, the deponent, declares, that although he 
 had the like apprehensions Mr. Tyler had of the danger of further 
 bloodshed, in case the troops should continue in town, yet, that he 
 never adopted any sentiment, that a plan had been concerted to 
 remove the commissioners, (or even the troops, by way of compul 
 sion,) and, so far at least, as relates to the commissioners, this de 
 ponent is fully persuaded, that no Member of the Council, then 
 present, did adopt the same 5 inasmuch as he well remembers, that 
 divers of them then declared, that, in their opinion, the commis 
 sioners might continue in town with all safety, after the troops 
 were removed thence ; and no one of the Council, then present, 
 discovered an opinion diverse therefrom." 
 
 From these depositions, and what went before, it appears, that the 
 said gentlemen of the Council, were so far from adopting what the 
 Secretary represents to have been said by Mr. Tyler, as to a plan 
 to remove the commissioners, that there is not one of them has the 
 least remembrance of any thing said about such a plan ; and there 
 fore, they could not refer to it, or in any sense whatever, adopt it. 
 
 The third thing observable in the Secretary s affidavit, is what 
 he declares about his draft expressing what had been said in de 
 bate at Council, " that it was allowed by the Council strictly to 
 express the truth, but that it would not stand well on the Council 
 records." This declaration represents the Council in a very odious 
 light. It conveys to the world this idea, that they rejected his 
 draft because it was true ; and that the truth of it made it unfit to 
 be recorded in the Council books; "whereupon an amendment was 
 substituted." To substitute an amendment, which alters the truth, 
 is to substitute a falsehood. And as the said declaration suggests 
 such a substitution, it implies a charge of falsehood on the gentle 
 men, who were present at that Council. But though the commit 
 tee apprehend the Secretary did not intend any such charge, yet 
 his words may probably be construed to imply it. 
 
 With regard to the said amendment, most of the gentlemen have 
 expressed their sentiments in their respective depositions. Five 
 of them declare, that the words made use of in the amendment, as 
 recited by the Secretary, in his deposition, which were, the next 
 morning, proposed in Council, to be substituted instead of the 
 terms the Secretary had used in the minutes of the Council, taken 
 the day before, these deponents then thought less liable to be mis 
 construed ; and that, by this alteration, the true meaning and in 
 tent of the Members of the Council, in what they had said on the 
 
MASSACHUSETTS STATE PAPERS. 269 
 
 preceding day, to the Lieutenant Governor, of the disposition of 
 the people, would fully and fairly appear. 
 
 Mr. Danforth declares, that the said amendment was unani 
 mously agreed to by the Members of the Council, then present, and 
 contains the whole of what, after full debate and mature consider 
 ation, was by them adopted ; and, (together with the advice given 
 to the Lieutenant Governor, to use his influence that the troops 
 might be removed,) was, as the deponent apprehends, the whole 
 that could regularly be certified by the Secretary ; as they were 
 the only votes of the Council, that passed on that occasion. 
 
 The committee proceed to consider the Secretary s petitions to 
 the Board, and to make some observations upon them. 
 
 In one of them he represents, that his deposition or affidavit, 
 above mentioned, appears, by the tenor of it, to have been made 
 merely to vindicate the Lieutenant Governor, in desiring that his 
 Majesty s troops might be removed to Castle William, after the 
 fatal catastrophe of the 5th of March, he having been called upon, 
 by the Lieutenant Governor, to give a true relation of the proceed 
 ings, had in Council, on that aft air. If the Lieutenant Governor 
 desired the said deposition for his vindication, could he not have 
 been vindicated without the Secretary s traducing the Council, and 
 bringing into question the loyalty of the town of Boston, or the 
 province ? Was it not traducing the Council, to suggest that they 
 rejected his draft, because it strictly expressed the truth ? And 
 was it not bringing into question the loyalty of the town or pro 
 vince, to suggest that a plan had been formed, by people of the best 
 characters among us, to remove the troops and commissioners ; 
 and that divers of the Council adopted or allowed it to be true, 
 that there was such a plan ? Do these suggestions, and the decla 
 rations contained in the Secretary s deposition, in which he wholly 
 omits what was said about the safety of the commissioners, comport 
 with a true relation of the proceedings had in Council, on the above 
 mentioned affair; which relation the Lieutenant Governor called 
 upon him for ? 
 
 The Secretary further represents, that, as holding his commission 
 immediately from the King, who therein expresses his confidence 
 in his fidelity, he could not consider himself as acting in breach of 
 trust, in making said deposition, as he was called upon by the Com 
 mander in Chief, who is the King s Representative, to give a true 
 relation of the proceedings had in Council, on that day. 
 
 Though the Secretary holds his commission immediately from 
 the King, the commission constitutes him an officer of the province, 
 to do the business appertaining to the office of Secretary ; but does 
 not give the Commander in Chief, notwithstanding he is the King s 
 Representative in the province, any authority over him. By vir 
 tue of his commission, he is to do the proper business of Secretary ; 
 but could it be a part of such business, to take minutes at Council, 
 of what all, or any of the Members, said in their debates ? and af- 
 
270 MASSACHUSETTS STATE PAPERS. 
 
 tenvards to give a deposition of it, when called upon by the Com 
 mander in Chief? If it was not a part of such business, for what 
 purpose could he want to assist his memory, by taking the said 
 minutes ? Could this be any proof of fidelity to the King ; or would 
 it not be considered as a breach of trust ? Would not such an idea 
 of the business of a Secretary, degrade him into the character of a 
 spy or informer ? Would it not be inconsistent with the freedom 
 of consultation and debate, and consequently with one of the most 
 essential privileges and rights of Council ? And would it not, 
 therefore, be subversive of every principle, which distinguishes a 
 free government from despotism ? But, admitting that the Secre 
 tary, as the King s officer, is under obligation to take such minutes, 
 at Council, and reduce them to a deposition, if desired by the 
 King s Representative, (which is utterly denied,) yet it appears, 
 by one of the Secretary s petitions to the Beard, that he officiously, 
 without the privity of any one, took the minutes of what was said 
 in the debates of Council, on the 6th of March. 
 
 If the Secretary could think himself authorized to take such 
 minutes, and give such deposition, was he not under the obligation 
 of honor, and did not justice require him to communicate it to the 
 Council, before he had completed and delivered it ? Had he done 
 so, the mistakes, and the partial representations contained in it, 
 might have been corrected, and his own honor and justice remained 
 unimpeached. 
 
 It has been, for some time, justly complained of, that deposi 
 tions, memorials, and every species of information, have been 
 made and taken, and sent to England in a secret manner, and 
 there made use of, to represent his Majesty s subjects here, in an 
 odious light ; which has occasioned troops and naval armaments 
 to be sent hither, to the great, and unjust annoyance and distress 
 of his Majesty s subjects of this province. It was, therefore, the 
 more extraordinary, that the Secretary, in the affair of his depo 
 sition, should act in the same secret manner ; especially, as it 
 respected what had been said in Council ; about which, he could 
 have easily informed himself from the Members, who, at the same 
 time, had a right to know what he had represented concerning 
 them. Whatever may have been designed, with regard to the oper 
 ation of this deposition, the manifest tendency of it is, to give a 
 most unfavorable, and, at the same time, a most unjust idea of the 
 people here, and of the Council, in particular. As the said depo 
 sition represents the Council in an ill light, it would be no disa 
 greeable present to Governor Bernard, to whom it was sent by 
 the Lieutenant Governor, as he informed the Board. His Honor, 
 at the same time, informed them, that he desired Governor Ber 
 nard to keep it to himself, unless his conduct, with regard to re 
 moving the troops, should be faulted ; in which case, it was to be 
 made use of for his Honor s vindication. Whether it was used 
 for that purpose, is uncertain. But, it is certain, that it was pub- 
 
MASSACHUSETTS STATE PAPERS. 271 
 
 lished in London, annexed, with other depositions, to a pamphlet, 
 entitled " a fair account of the late unhappy disturbances at 
 Boston, in New England;" in which pamphlet and depositions, is 
 given a very unfair, and, in all material circumstances, a very 
 false account, of what is therein called, the late unhappy disturb 
 ance. The most material thing aimed at, in the said pamphlet, 
 is, to obtrude, as truth, on the public, this falsehood, viz. : that a 
 plan was here laid for the expulsion of the troops, prior to their 
 firing on, and killing a number of the inhabitants of the town 5 
 and the principal, if not the only deposition, which, in any mea 
 sure, tends to support such a charge, is the Secretary s. 
 
 The deposition has, in some degree, answered the purpose of the 
 pamphlet writer or procurer; and is well calculated to answer 
 the further purpose of Governor Bernard, to effect a change in the 
 constitution of the Council, by giving a very disadvantageous idea 
 of the Board, of the last year, from which will be formed the 
 idea of the present Council, which includes the same Members as 
 the last. 
 
 This deposition has been attended with circumstances which 
 appear, in some degree, remarkable. It was taken the same day, 
 on which most of the other depositions, annexed to the pamphlet, 
 were taken, viz. : the 13th of March. They probably all went by 
 Mr. Commissioner Robinson, who sailed for England, the 16th of 
 March ; and they are all published together, in the same pam 
 phlet. Whether these circumstances are casual, or whether they 
 indicate a mutual correspondence and communication between 
 persons here, with regard to said depositions, there do not appeal- 
 any sufficient means fully to determine. 
 
 The Secretary further represents, " how cautious he was in fram 
 ing his deposition ; and that he is confident he has been precise 
 in setting down the very words used on the occasion, without 
 adding any construction of his own." How cautious and precise 
 the Secretary has been, especially in representing what was said 
 about the commissioners, has fully appeared above. He not only 
 gives an imperfect account of what he has represented, but, has 
 wholly omitted all the declarations made at Council, relative to the 
 commissioners, that they would be safe, though the troops should 
 be removed ; which has already sufficiently appeared. 
 
 The Secretary goes on to observe, " that the principal matter, 
 wherein the testimony of divers (or rather of all) of said gentle 
 men, differs from his own, appears, to him, to be concerning what 
 relates to the commissioners; with regard to which, he appre 
 hends, his deposition is fully supported by the testimony of disin 
 terested witnesses, then present." 
 
 The Secretary here suggests, that the gentlemen of the Coun 
 cil are interested, and, therefore, that their testimony, wherein it 
 differs from that of his witnesses, who, he represents, as disinter 
 ested, must be invalidated. Seven gentlemen of the Council 
 
MASSACHUSETTS STATE PAPERS, 
 
 have given testimony, about what Mr. Tyler is represented to 
 have said in Council, concerning the troops and commissioners. 
 In this matter, it is evident, they are wholly disinterested. What 
 inducement, then, could they have, to pervert the truth ? How is 
 their testimony, in this matter, invalidated ? They may be stiled 
 disinterested witnesses, as properly, as those produced by the 
 Secretary ; and, much more so, than two of them, who act under, 
 and are dependent on the Secretary, for their continuance in office. 
 The committee have been thus particular in this matter, that the 
 true state of it might appear ; and that, thereby, the pernicious 
 consequences to the province, which, the Board apprehend, the 
 Secretary s deposition may be attended with, may be prevented. 
 So far as this matter stands related to the Council, it appears, that 
 the Secretary s deposition exhibits to the world, a very dishonora 
 ble and injurious idea of them, by suggesting, " that, because his 
 draft was allowed strictly to express the truth, it would not stand 
 well on the Council record, and was, therefore, rejected by the 
 Council." It appears, also, that the Secretary has, in a secret 
 manner, taken minutes at Council, of what was said by the Mem 
 bers, in their debates ; that he has subscribed his name to a paper, 
 containing those minutes, and has taken his deposition before F. 
 Hutchinson, Esq. to the truth of it ; also, that the said paper and 
 deposition have been sent, by the Lieutenant Governor, to Governor 
 Bernard ; and, that they have been since published, with other 
 depositions, annexed to a pamphlet, designed to defame the pro 
 vince, with regard to the unhappy affair of the 5th of March. 
 
 The conduct of the Secretary, in this affair, is not only a breach 
 of trust in him, and injurious to the character and honor of the 
 Council, but is destructive of all freedom of speech and debate ; 
 and, consequently, a breach of privilege, the most essential privil 
 ege belonging to the Council, or that can belong to a deliberative 
 body. 
 
 The committee, therefore, are humbly of opinion, that the honor 
 of the Council requires the Board to adopt the following resolu 
 tions : 
 
 1. Resolved, That Andrew Oliver, Esq. Secretary of this pro 
 vince, by secretly taking minutes at Council, of what was said by 
 the Members in their debates ; also, by signing a paper, contain 
 ing those minutes 5 and, further, by giving his deposition to the 
 truth of it, has, in each, and all those instances, acted inconsist 
 ently with the duty of his office, and thereby is guilty of a breach 
 of trust. 
 
 2. Resolved. That the said Andrew Oliver, Esq. inasmuch as 
 such proceedings are destructive of all freedom of debate, is guilty 
 of the breach of a most essential privilege of this Board. 
 
 3. Whereas the said Andrew Oliver, Esq. has suggested, in his 
 said deposition, that, because his draft was allowed strictly to ex 
 press the truth, it would not stand well on the Council records, and 
 
MASSACHUSETTS STATE PAPERS. 273 
 
 and was, therefore, rejected by the Council. Resolved, That by 
 such suggestion, he has injured and abused the Members compos 
 ing the Council ; and, by so doing, has reflected dishonor on this 
 Board. 
 
 4. Resolved, That an attested copy of this report be sent to 
 Mr. Agent Bollan, that he may make the best use thereof, he can. 
 for the benefit of this province. 
 
 LETTER 
 
 FROM THE COUNCIL TO WILLIAM BOLLAN, ESQ. AGENT, IN ENGLAND. 
 OCTOBER 30, 1770. 
 
 Sir, 
 
 WE are extremely sorry to find, by your letter of the 
 
 ; and otherwise, how unhappy the situation of our pub 
 lic affairs is, on the other side of the water ; and that it is proba 
 ble they will, in the next session of Parliament, be the subject 
 matters of their inquiry, without our ever being notified to make 
 answer to the charges exhibited against the province, or of de 
 fending the Council, in particular. This is so far from being 
 constitutional, as, that perfect innocence is no protection in sucli 
 a case. But yet, hard as it is, unconstitutional as it is, we make 
 no doubt, that it will be the case, unless your active, vigorous 
 efforts prevent it; which, from the experience of your former 
 .services, we are very confident will not be wanting. On, or about 
 the 6th of July last, it is very likely you will find, that a com 
 mittee of the Lords of Council, for plantation affairs, in their re 
 port, which was accepted by the Lords of Council, gave the fol 
 lowing advice to his Majesty, that Castle William should be taken 
 into his own hands, and garrisoned by his own troops ; which 
 hath since been done ; the Castle delivered up; Capt. Phillips, 
 the officers and privates, sent off, and now entirely in the hands 
 of the regulars ; that the place of rendezvous, for the King s ships, 
 in North America, should be at Boston; accordingly, Coin, Hood 
 came from Halifax, with his squadron ; he was soon relieved by 
 the arrival of Com. Gambier. And now, at a time of profound 
 peace, we have a greater number of men of war, in the harbor ol 
 Boston, than was known in time of war, since the first settlement 
 of the country. 
 
 The following charges were likewise reported, and accepted by 
 the Lords of Council, requesting his Majesty to lay the same be 
 fore the Parliament, at their next session, really, that our consti 
 tution might be essentially altered, viz. : 
 
 61 1st. That seditious and libellous publications are encouraged. 
 
274 MASSACHUSETTS STATE PAPERS, 
 
 and go unpunished, manifesting a design to stir up the people to 
 acts of violence and opposition to the laws, and to the authority 
 of Parliament. 2d. Goods, liable to duties, forcibly landed, with- 
 out paying those duties ; lawful seizures rescued by force ; offi 
 cers abused, and treated with violence, whilst doing their duty ; 
 illegal proceedings of the town of Boston, in their meetings of 
 June 13th, and September 12th, 1768, and the Convention at Bos 
 ton, September 22d ;* a combination not to import goods from 
 England ; and the several resolutions and proceedings, in conse 
 quence thereof; the declarations and doctrines, inculcated by the 
 House of Representatives, in their resolutions and messages to the 
 Governor; the instructions of Boston to their Representatives;* 
 the Council disposed to adopt those principles, and to countenance 
 such illegal proceedings, evidently manifested, in their backward 
 ness, to join with the Governor, in such measures as were neces 
 sary to prevent the same ; their meeting, and acting as a Council 
 of State, without a summons from the Governor, and without his 
 presence, and printing their resolutions." 
 
 These are the charges, we conjecture, his Majesty, by advice of 
 Council, will lay before the Parliament, in their next session; 
 and, it is pretty certain, the Lieutenant Governor, in a letter from 
 the Earl of Hillsborough, hath this account. A committee from the 
 Council waited upon his Honor, for a copy of the letter, report, 
 and order, so far as it respected the rights of the province and 
 colony ; but, the Lieutenant Governor told the committee, that, 
 by his instructions, he was strictly forbid giving one, or even to 
 mention them, by speech or message, to either House. These 
 charges, the Lords of Council have looked into, and have adjudged 
 to be facts. And, therefore, the Parliament is only to determine 
 the punishment. Such a conduct as this, till of late, is not to be 
 paralleled. How is English liberty lost ! How precarious and 
 uncertain is man s liberty, and, even his very life ! For, if they, 
 in this way, can take away the former, they may take away the 
 latter. They may as constitutionally determine, that every Mem 
 ber of his Majesty s Council hath been guilty of high treason, and 
 deny, that the Parliament would make an act for your punish- 
 inent.f Surely, upon application for time allowed us to answer, 
 they cannot deny you, unless corruption reigns without control. 
 But still, while we think of the election of a Member for Middle 
 sex, we need fear every thing. Wherefore, we will suggest a few 
 things to you, relative to the charges aforesaid, so for as the 
 charges respect the Council ; we say, so far as they respect the 
 Council ; not, because we suppose the other charges true, and not 
 to be answered ; but, because the Council are not the proper per 
 sons to do it, and it might be taken amiss, if we should. AS tp 
 
 * See Appendix, 
 t This seems obscure, but it is so in the original. 
 
MASSACHUSETTS STATE PAPERS. 275 
 
 the first, that seditious and libellous papers going unpunished, &c. ; 
 allowing that to be the case, where doth the fault lie ? Not in 
 the Council. Can they try and determine these matters ? In this 
 way, they have nothing to do with them. Why is there not a 
 charge against the House of Lords, (which is the summa curia,) 
 that they do not suppress those seditious and libellous publications 
 at home ? If we have any amongst us, there are fifty in England 
 to one here. Must the English constitution, then, so far as it re 
 lates to the House of Lords, be altered, because they do not do 
 that, which, bylaw, they cannot do ; and, which, if they did, 
 would be an infraction of the constitutional rights of Englishmen. 
 If such publications have taken place here, and no notice has 
 been taken of them, where doth the fault lie ? Surely in him who 
 acts for the King, as his Attorney, in his not drawing indictments, 
 summoning witnesses in support of the same, and then laying the 
 whole before the Grand Jury ; and, if he hath not done it, the 
 fault is not in the Council, unless they had endeavored to prevent 
 it, which is very far from being the case, as will presently be 
 shown. It is very surprising, that administration should think so 
 highly of the few disorders amongst us, when the provocations from 
 themselves have been the sole cause of all. For us to be deprived 
 of our rights, liberties, and privileges, purchased and defended by 
 our ancestors, at the expense of so much treasure and blood, (and 
 not by the Crown,) purchased by them, and granted to them, as 
 an inheritance; and, in the struggle for the preservation of them, 
 if the people should have gone a little too far, ought there not to 
 have been an allowance made ? Surely, they ought never to be 
 magnified $ nor could they so by any, but those " who strain at a 
 gnat and swallow a camel ;" who seek nothing so much, as the 
 destruction of an injured, abused province, at all adventures. As 
 to the Council being disposed to adopt these principles, and 
 countenance such illegal proceedings, evidently manifested in 
 their backwardness to join with the Governor, in such measures 
 as were necessary to restrain and suppress them, there is nothing, 
 that was ever invented, more groundless. After his Honor the 
 Lieutenant Governor, the Secretary, Judge Trowbridge, and other 
 very respectable gentlemen, were left out of the Council, Gover 
 nor Bernard apprehended, that there was no duty, no loyalty left 
 at the Council Board, and gave the prerogative up as lost ; and 
 this he often declared : We say, that after this, there was a 
 message to both Houses, from the Governor, relative to a libel 
 against him, published in one of the Boston newspapers. The 
 House took it up of themselves ; the mobbish Board, as he had 
 represented them, chose a committee to take the message into 
 consideration. The committee reported, which was unanimouslv 
 accepted by the Council, and presented by the Board to the Gov 
 ernor, as their answer to his message. He was extremely pleased, 
 and passed the highest panegyric upon the Council that could be 
 
276 MASSACHUSETTS STATE PAPERS. 
 
 passed ; assuring them, that he would write to the Secretary of 
 State, that he might acquaint his Majesty with the loyalty, duty, 
 and fidelity of his Council of the Massachusetts Bay ; and, if he 
 was as good as his word, he did it; and his letter can be pro 
 duced. What he said of the Council then, was strictly true ; for, 
 words could not express greater abhorrence of the libel, than that 
 answer conveyed. Could a Council, which he is so fond of hav 
 ing now, have done more than they then did ? 
 
 Again, can this charge on the Council be true, when he never 
 once desired a proclamation might issue, with advice of Council, 
 with, or without a reward, just as he was pleased to draw it, but 
 what the Council advised to it. In many cases, this was done 
 immediately upon his hearing the story ; and, if it was so far 
 against the province, as, that he could improve it to their preju 
 dice, he never wanted faith to believe ; for, immediately a Coun 
 cil was called, and advice moved for, that a proclamation might 
 Issue, and, in many instances, that the Attorney General should 
 be directed to prosecute, and never once denied. The Council, 
 in short, were so desirous that his Majesty s honor and preroga 
 tive might be preserved, and so afraid that he should take excep 
 tions at the conduct of the Council, that, in sundry instances, 
 they went full far enough, when they advised to issue proclama 
 tions, and, at the same time, the matter complained of, was 
 scarcely worthy the notice of a single Justice of the Peace ; and, 
 once or twice, when he obtained the advice of Council, no pro 
 clamation issued. In these cases, we suppose, he did not think 
 we should have advised to a proclamation ; but, then he intended 
 our refusal as a charge against the Council. 
 
 During his administration, there were proclamations issued, with 
 ;idvice of Council ; and yet, it is determined by the Lords of 
 Council, that the Massachusetts Council is backward to join the 
 Governor, in measures to prevent disorders ; nay, adopt those 
 principles, and use measures to countenance them further. Had 
 there been any Justices of the Peace, who Governor Bernard 
 thought failed in their duty, why did he not summon a general 
 Council, and ask their advice to remove them? This, he never 
 did. It was, therefore, time enough for him, or any one else, to 
 assert these as facts, when we had refused ; which, we repeat, the 
 Council never did. 
 
 And, since the absence pf Governor Bernard, how many procla 
 mations have been issued ? Particularly, upon Mr. Hulton s, one 
 of the commissioners of the customs, complaint; or rather, on the 
 Council s first hearing, that a trespass was committed upon his 
 house, in a country town, about four miles from Boston, in the 
 night, when he and his family were a bed in it ; though, at the 
 same time, the Council had no reason to think, there were twenty 
 persons present, when the trespass was committed, or, that it 
 would have been committed at all, had he been in Boston. The 
 
MASSACHUSETTS STATE PAPERS. 277 
 
 Council are unanimously of opinion, that the greater part of the 
 town of Boston, that all the influential, leading men in it, were 
 anxiously concerned to preserve the commissioners persons from 
 any insult or abuse, and their property, from the appearance of a 
 trespass. Nay, we do not think the people of the town were dis 
 posed to injure their persons or property ; but that, on the con 
 trary, they would have been in perfect safety in Boston, had they 
 continued there. We persuade ourselves, that the Lieutenant 
 Governor will do the Council justice, touching these things of 
 this nature, which have taken place during his administration. 
 Our surprise, if possible, still rises, when we are charged with 
 meeting, and acting as a Council of State, without a summons 
 from the Governor, and without his presence, and printing our 
 resolutions. We are put to a difficulty to make answer to this, 
 as there is no truth, or even shadow of truth, in it. How can we 
 prove a negative ? Had there been mention made of any particu 
 lar time and case, it would have eased us of this impossibility. 
 We can guess only at this : there was an affair in our Legislative 
 capacity, which would have been finished in a few minutes before 
 the Governor prorogued the Court, which the Governor well 
 knew. He did not, at that time, act, as he and all other Gover 
 nors had done before a recess ; namely, to ask the Council, if they 
 had any thing further to do ; but, instead, except by the Secre 
 tary, and one or two others, who were near him, ordered the House 
 up ; and, the Court was then prorogued, without our completing 
 what we were upon, in our Legislative capacity ; and, upon sun 
 dry remonstrances and arguments with the Governor, he permit 
 ted us to finish what we were then upon ; and, after it was fin 
 ished, we published it. We do not see any crime in this, nor 
 even in our meeting together, when the Governor has laid a charge 
 against the Council, even without his summons and presence. 
 The necessity of the thing will justify such a conduct ; otherwise, 
 the Council of this province are, of all men, the most unhappy; 
 more so, than any individual of his Majesty s subjects, in his ex 
 tended dominions 5 and yet, we do positively declare, the Council 
 never once met, as a Council of Statefwithout his permission. 
 
 Upon the whole, considering that our charter differs from 
 most others they being of grace ours not so, but for services to 
 be done ; and, therefore, in the nature of a deed, where there is a 
 valuable consideration paid : The immense sums it cost our an 
 cestors in coming over, and settling an howling wilderness, and 
 purchasing the land of the natives ; the many bloody wars they 
 and we have been engaged in, all at our own cost, have now made 
 it a fruitful field, which has been of such great advantage to Eng 
 land, both by our conquests, our fishery, our trade, and, what of 
 the British manufactures have been consumed among us ; so, that 
 in every respect, we have exceeded the most sanguine hopes and 
 expectations, for the real service of the Crown : Wo infer, that 
 
278 MASSACHUSETTS STATE PAPERS. 
 
 to deprive us of our charter, or the liberty of choosing Counsel 
 lors, which comes to the same thing, must be contrary to law, 
 reason, and common equity. And, we doubt not, of your hearty 
 concurrence with us, in using your best endeavors, to prevent the 
 evils meditated and threatened ; which, should they take place, 
 will work the destruction of those rights, civil and religious, which, 
 we think, have been dearly purchased, and never forfeited. 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE TWO HOUSES, 
 NOVEMBER 2, 1770. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 IT appears to me necessary, that I should inform you, that 
 his Majesty s fifth instruction to the Governor, requires him to 
 observe, that, in the passing of all laws, the style of enacting the 
 same be, by the Governor, Council, and House of Representatives, 
 and no other. This style has been conformed to, except, perhaps, 
 in a particular instance or two, for near thirty years, without the 
 least inconvenience. 
 
 It may save you time, and prevent increase of public charges, 
 to let you know, that I cannot, upon any terms, depart from this 
 instruction. If I could be made sensible, that it was the least 
 damage to the province, I would humbly represent it to his Ma 
 jesty. T. HUTCHINSON. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOVERNOR , 
 NOVEMBER 6, 1770. 
 
 May it please your Honor, 
 
 IN your message of the 2d instant, you are pleased to inform 
 the two Houses, that " his Majesty s fifth instruction to the Gov 
 ernor, requires him to observe, that, in the passing of all laws, the 
 style of enacting the same, be, by the Governor, Council, and 
 House of Representatives, and no other." This House have taken 
 the importance of the message into their serious consideration. 
 
MASSACHUSETTS STATE PAPERS. 279 
 
 and are of opinion, that the words, in General Court assembled, 
 are not merely words of form, but of substance, and necessary to 
 the validity of every act. 
 
 By the royal charter, the Governor and Council are vested 
 with some powers severally, and jointly with other powers, of 
 acting for certain purposes in their departments, when the Gen 
 eral Court is not sitting ; but, for the purpose of making laws and 
 statutes, there is no power given, either to the Governor, Council, 
 or House of Representatives, to act, but when they are assembled 
 in General Court. No law, therefore, can be valid, unless it be 
 enacted by the Governor, Council, and House of Representatives, 
 when thus assembled ; and this, we apprehend, must appear from 
 the parchment roll, wherein the act is recorded ; otherwise, the 
 record itself is not complete, and it will become necessary to 
 resort to dehors evidence, to prove a fact essential to the validity 
 of the act, which is against the established rule, respecting re 
 cords. We are warranted in this opinion, from the invariable 
 use of the same style in all acts of Parliament ; which universally 
 contain that express averment, that they were passed by the sev 
 eral branches in Parliament assembled. 
 
 We cannot conceive any reason, why the words should be dis 
 agreeable to his Majesty; for, we must suppose it to be his plea 
 sure, that all acts should pass in such form, as is necessary to 
 make them effectual. We find the words, in General Court as 
 sembled, and by the authority of the same, constantly, and inva 
 riably used in the passing of laws, from the beginning of the 
 charter until within thirty years past ; if your Honor should con 
 ceive that exception was taken against the latter words only, in 
 the clause, you would then conclude, that it was altogether 
 through inadvertence, that the instruction was made so large as 
 to extend to the former. 
 
 This House considers the words to be of substance, and neces 
 sary ; and, as they cannot but be of opinion, that, upon further 
 consideration, they will so appear to your Honor, they hope you 
 will think yourself at liberty to admit them, in the passing of the 
 bills to be laid before you ; by which means, time may be saved, 
 and an increase of public charges prevented. 
 
 [The committee were, Mr. Leonard, S. Adams, J. Adams, Maj. 
 Hawley, and Mr. Ingersol.] 
 
280 MASSACHUSETTS STATE PAPEJiS. 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 NOVEMBER 8, 1770. 
 
 Gentlemen of the House of Representatives) 
 
 IN your message to me, of the 6th instant, you have declared 
 yourselves of opinion, that the words, " in General Court assem 
 bled," are not merely words of form in our laws, but of substance, 
 and necessary to the validity of every act. Had your opinion 
 been well founded, I should have thought it surprising, as well as 
 unfortunate, that such a discovery should, for thirty years toge 
 ther, have escaped the Members of the several General Assem 
 blies, all the gentlemen of the law concerned in our Executive 
 Courts, and all the inhabitants of the province in general. But, it 
 appears to me, that there is not the least foundation for your opin 
 ion. The style of a law, which expresses the Governor, Council, 
 and House of Representatives, expresses that authority, which, 
 by charter, hath the power to make laws ; and the same reason 
 which you urge for adding the words, " in General Court assem 
 bled," will hold as well, for further adding, " by the King s 
 writ ;" " under the province seal $" " signed by the Governor ;" 
 " issued thirty days before the convening 5" together with all the 
 other requisites for forming a constitutional General Court ; for, 
 in all these cases, if the facts do not appear upon the roll, it may 
 be necessary to make use of dehors evidence, as in the case, when 
 the words, " in General Court assembled," are not inserted. But, 
 I am of opinion, this sort of evidence never was, and, probably, 
 never will, be necessary in either case. 
 
 You will not be able to support your assertion, that acts of 
 Parliament universally contain this express averment, that they 
 were passed by the several branches in Parliament assembled. 
 Many ancient statutes, without this clause, are equally in force 
 with modern statutes, which have the clause ; and modern acts of 
 this province, without the clause, you contend for, are equally in 
 force with ancient acts which have that clause. 
 
 I am not acquainted with the special reason, which induced his 
 Majesty to restrain the Governor from consenting to an act with 
 this clause in it. Perhaps, it was merely because it was unne 
 cessary and redundant. Be it as it may, I cannot depart from 
 my instructions, nor make my humble application that it may be 
 withdrawn, unless I could see that it is an abridgement of your 
 rights, or tended to subject the province to inconvenience. 
 
 I cannot help, as you have given me occasion for it, putting you 
 in mind, that you are now in the seventh week of the session, and 
 that scarce any of the public business is yet completed. I doub(r 
 
MASSACHUSETTS STATE PAPERS. 281 
 
 not, the House in general, wish to return to their private affairs ; 
 and, I have reason to think your constituents, in all parts of the 
 province, wish to see all obstructions to your giving greater des 
 patch, removed. I must, therefore, repeat my recommendations 
 to you, that, in concurrence with the Council, who, I am very 
 sure, are disposed to do their part, you will prepare the business, 
 now before the Court, to be laid before me, that the session may 
 be brought to an end, as soon as possible. 
 
 T. HUTCHINSON. 
 
 MESSAGE 
 
 iROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT 
 GOVERNOR, NOVEMBER 15, 1770. 
 
 May it please your Honor, 
 
 WE have maturely considered your message to this House, 
 of the 8th instant; and, we cannot but observe, with great con 
 cern, that, by virtue of instructions to the King s Governor of the 
 province, we are reduced to the necessity of passing laws, in such 
 form, as to render them, in our opinion, ineffectual. The words, 
 in General Court assembled, we still consider to be so substantial, 
 that we are as much surprized, as your Honor suggests you should 
 be, if you apprehended our opinion was well founded, that such a 
 discovery should, during thirty years together, have escaped the 
 Members of the several General Assemblies, &c. 
 
 Your Honor is pleased to say, " it appears to you, there is not 
 the least foundation for our opinion ;" and, in another place, that 
 " you are of opinion, that this sort of evidence never was, and 
 never will, be necessary in either case." How far these opinions, 
 thus precisely given, considering your Honor s high rank in the 
 law, ought to be an authority to us, must be left to the world to 
 judge ; but, if that authority should not be deemed of weight 
 enough, absolutely to decide the question, this House is of opin 
 ion, that the decision of impartial judges will not be in favor of 
 the sufficiency of the late style used in enacting our laws. 
 
 The House think it surprizing and unfortunate, that your Honor 
 should assert, that " the style of a law, which expresses the Gov 
 ernor, Council, and House of Representatives, expresses that au 
 thority, which, by charter, hath power to make laws." In order 
 to show, whether this assertion is true or not, we beg leave to 
 adduce the words of the charter. They are these, viz.: "We 
 will, and by these presents, for us, our heirs, and successors, do 
 ordain and grant, that there shall, and may be convened, held, and 
 36 
 
282 MASSACHUSETTS STATE PAPERS. 
 
 kept by the Governor, for the time being, upon every last Wednes 
 day in the month of May, every year, forever ; and at all such 
 other times, as the Governor of our said province, shall think fit 
 and appoint, a great and General Court or Assembly ; which said 
 great and General Court or Assembly, shall consist of the Gover 
 nor and Council, or assistants, for the time being, and of such 
 freeholders of our said province, or territory, as shall be, from 
 time to time, elected, or deputed, by the major part of the free 
 holders, and other inhabitants of the respective towns or places, 
 who shall be present at such elections, &c. ; to which great and 
 General Court or Assembly, to be held as aforesaid, we do hereby 
 for us, our heirs, &c. give and grant full power and authority, 
 from time to time, to direct, appoint, and declare, &c." And, 
 afterwards, we find the same great and General Court or Assem 
 bly empowered in the following words, viz. : " and we do, of 
 our further grace, &c. grant, establish, and ordain, for us, our 
 heirs, and successors, that the great and General Court or Assem 
 bly of our said province, or territory, being convened as aforesaid, 
 shall forever have full power and authority to erect and consti 
 tute judicatures and courts of records, or other courts," &c. 
 And, afterwards, the Governor, and the great and General Court 
 or Assembly, are empowered in the following words, viz. : " and 
 we do further, for us, our heirs, and successors, give, and grant 
 to the said Governor, and the great and General Court or Assem 
 bly of our said province, or territory, for the time being, full 
 power and authority, from time to time, to make, ordain, and es 
 tablish all manner of wholesome and reasonable orders, laws, sta- 
 tuiej and ordinances," &c. 
 
 \From whence it is certain and obvious, that the style of a law, 
 which expresses the Governor, Council, and House of Representa 
 tives, does not express that authority, which, by charter, hath 
 power to make laws ; because, the Governor, Council, and House 
 of Representatives, have no authority to make laws by charter, 
 unless they are convened and held in General Court or Assem 
 bly. And, we may venture to submit to your own consideration, 
 whether an act of the Governor, Council, and House of Represent 
 atives, would be valid, which should be passed by each of those 
 branches, not in General Court assembled ? Should a bill pass 
 this House, and be sent up to the Board in the present session, 
 and, after a prorogation of the General Court, be concurred by the 
 Council, and consented to by the Governor, can there be the least 
 foundation, or an opinion, that such bill could become a law T\ 
 
 The House is astonished to hear your Honor say, thaF^the 
 same reason which we urge for adding the words, in General 
 Court assembled, will hold as well, for further adding, by the 
 King s writ; under the province seal ; signed by the Governor; 
 issued thirty days before the convening ; together with all the 
 other requisites for forming a constitutional General Court;" be- 
 
MASSACHUSETTS STATE PAPERS. 283 
 
 cause, although the words. Governor, Council, and House of Re 
 presentatives, only imply the King s writ, under the province seal, 
 signed by the Governor, and issued thirty days before the con 
 vening, yet, it does not imply all the other requisites for forming 
 a constitutional General Court ; whereas, the Governor, Council, 
 and House of Representatives, in General Court assembled, ne 
 cessarily imply all these, and every other requisite; and, there 
 fore, these appearing on the record, there can be no necessity of 
 recurring to so great an absurdity, as evidence dehors, in support 
 of a record of the highest nature. You have not denied, that it is 
 a known and approved maxim of the law, that every record must 
 prove itself without any dehors evidence ; nor that an act of Par 
 liament, or law of this province, is not a record of the highest 
 nature ; yet, you have given it as your opinion, that dehors evi 
 dence never was, and, probably, never will be necessary in either 
 case 5 which seems to imply, that, if in any case it should be 
 necessary, it may be admitted, or else, that every thing which is 
 necessary, does appear upon the face of a law, without these 
 words, in General Court assembled, notwithstanding the constant 
 practice of Parliament, for more than five centuries, has been, to 
 use equivalent words, which must, upon your principles, be per 
 fectly unnecessary, redundant and nugatory. 
 
 Your Honor is pleased to say. we shall not be able to support 
 our assertion, " that acts of Parliament universally contain the 
 express averment, that they are passed by the several branches in 
 Parliament assembled ;" and, that " many ancient statutes, with 
 out this clause, are equally in force with modern statutes, which 
 have the clause." How far our assertion can, or cannot be sup 
 ported, we appeal to the statutes at large, to determine ; and, we 
 may venture to advance, that from the time of King Edward the 
 First, under whose reign the present form of the Legislature took 
 place, and the two Houses of Parliament were separated from 
 each other, which is now five hundred years, to this day, there is 
 scarcely a single statute without such an express averment. And, 
 indeed, other expressions equivalent to such an averment, are 
 used in almost all the statutes, that are more ancient than the 
 reign of Edward the First. For example, in the statute of Mer- 
 ton. whjcjiwaa in the twentieth year of King Henry the Third, 
 A.D. (H55^>we find this averment, " it was provided in the court 
 of our jCord, the King, holden at Mertcn, on Wednesday, &c. the 
 twentieth year of the reign of King Henry, &c. before William, 
 Archbishop of Canterbury, and others, his Bishops and suffragans, 
 and before the greater part of the Earls and Barons of England, 
 there being assembled, for the coronation of the said King, and 
 Hellianor, the Queen, about which they were called, when it was 
 treated for the commonwealth of the realm, upon the articles un 
 derwritten ; thus, it was provided and granted, as well of the 
 aforesaid Archbishop, Bishops, Earls, and Barons, as of the King 
 
MASSACHUSETTS STATE PAPERS. 
 
 himself, and others." And, in the statute of Marlbridge, 
 was in the fifty -second year of King Henry the Third, A.D.\1267> 
 the averment is in these words : " the said King our Lord, pn5vtd- 
 ing for the better estate of his realm of England, and for the more 
 speedy ministration of justice, as belongcth to the office of a King, 
 the more discreet men of the realm being called together, as well 
 of the higher, as of the lower estate, it was provided, agreed, and 
 ordained," &c. 
 
 It is true, that Magna Charta, an-d Gharta de Foresta, which 
 have not such an express averment, are sometimes called statutes ; 
 but these are not only the most ancient monuments which are 
 ever called statutes, and were made before any division of the 
 Lords from the Commons; but they were originally intended to 
 be charters, and were accordingly drawn in the form of charters, 
 and executed under the seals of the Princes who gave them, and 
 are considered, pleaded, and judged on, as we believe are all 
 others which have not such an express averment, as parts of the 
 common law, rather than as acts of Parliament. So that we are 
 still of opinion, that there is no statute now in force, that is plead- 
 able as an act of Parliament, which has not in it such an aver 
 ment. Many ancient institutions are still in force, as rules of 
 common law, which are not pleadable as acts of Parliament. 
 When your Honor says, that modern acts of this province, without 
 the clause we contend for, are equally in force with ancient acts, 
 which have that clause, it is a manifest petition of the principle 
 disputed between your Honor and the House, which the House 
 catLfey no means allow. 
 
 fYpu are pleased to inform us, that " you are not acquainted 
 witlTthe special reason which induced his Majesty to restrain the 
 Governor from consenting to an act with this clause in it ;" where 
 then is the freedom of the Governor of the province, if he is to 
 govern twenty -eight years together, by positive instructions from 
 other persons, at three thousand miles distance, without being 
 able, in all that time, to discover any reasons for them ? The rea 
 sons which induced his Majesty s Ministers to dictate this instruc 
 tion, and which induce Governors to be so fond of them, we fear, 
 are very different from those suggested by your Honor ; if the 
 words are unnecessary and redundant, why does his Majesty con 
 sent to them in so many instances, every session of Parliament ? 
 The true reason, we fear, is to reduce this province to the footing 
 of little corporations in England, and, by degrees, to pare away, 
 not only the appearance, but the substance of all authority, in the 
 great and General Court of the province. 
 
 Upon the whole, it gives us great and just concern to find your 
 Honor, not only determined, so scrupulously to adhere, even to 
 the letter of this instruction, but declaring in your message, your 
 present resolution not to make your humble application to his Ma 
 jesty to withdraw it 5 so that the General Assembly is reduced to 
 
MASSACHUSETTS STATE PAPERS. 285 
 
 the hard alternative, either to forbear attempting to make any 
 laws at all, however urgent the exigencies of the province may be, 
 or to pass them in such an inartificial and barbarous style, that 
 they may hereafter be drawn into question as insufficient, invalid, 
 and void. For what reasonable assurance can we have, that some 
 future corrupt administration, to effect some despotic measure, 
 and to injure and destroy this province, may not move this excep 
 tion to a multitude of our laws, that they are enacted in such a style, 
 as that, from the face of them, compared with the charter, they ap 
 pear to be invalid and void, and in struct the Governor not to consent 
 to any law, to cure such defect and imperfection. Should such 
 an exception be taken advantage of, by pleadings in our courts of 
 law, how could even independent judges adjudge such laws, not 
 conformable to the charter, to be valid ? And, if independent 
 judges could not, what is to be expected from judges, whose com 
 missions shall be during pleasure, when they shall know it to be 
 the desire of administration here and at home, that such acts 
 should be adjudged voTuJ/X 
 
 Your Honor has taken occasion to put us in mind, in your mes 
 sage, that we were in the seventh week of the session, and that 
 scarce any of the public business was then completed. Of this, 
 we are very sensible, and have long wished to return to our pri 
 vate affairs. Had your Honor considered that the General As 
 sembly has been, for these two years past, so interrupted by the 
 chair, either by dissolutions or long prorogations, that they have 
 had little or no time to advert to the internal concerns of the pro 
 vince, and so are, on that account, greatly in arrears, perhaps 
 you would have spared this observation. We are, however, ac 
 countable to none but our constituents, for the time we spend in 
 doing the part of the public business, which they have chosen us 
 to transact; the great inconvenience of our sitting in this place, 
 hath been the principal reason why the business has been so much 
 retarded ; the difficulty would have been, in some degree, less, it 
 your Honor had been pleased to have taken your residence, where 
 you had ordered the General Assembly to be held and kept. If 
 your Honor is to judge, and not the Council and the House, with 
 how much deliberation the importance of every case, relative to 
 the general interest of the people, ought to be consulted, we pray 
 your Honor to consider of what importance your promise was to 
 both Houses, in your speech of the 25th of July last, that you 
 would patiently wait the result of their debates, and give them no 
 interruption therein. We doubt not but our constituents wish, as 
 we do, to see all obstructions to our giving greater despatch, re 
 moved for the future 5 and, we believe, they are all sensible, that 
 this in a great measure depends upon your Honor ; we therefore 
 repeat our earnest request, that you would be pleased to order 
 the next session of this Assembly to be held at its ancient and 
 established place, the Town House, in Boston, where the remain- 
 
286 
 
 MASSACHUSETTS STATE PAPERS. 
 
 ing part of the business of this year, may be completed with much 
 greater despatch, and to better effect. 
 
 [Committee to present this, Mr. J. Adams, Maj. Hawley, Capt 
 Thayer, Mr. Porter, and Mr. Gardner.] 
 
 RESOLUTIONS 
 
 OF THE HOUSE OF REPRESENTATIVES, NOVEMBER 16, 1770. 
 
 WHEREAS his Honor the Lieutenant Governor of the province 
 was pleased, by his Majesty s writ, to summon this great and Gen 
 eral Court to meet at Harvard College, in Cambridge, on the last 
 Wednesday in May last, and has never assigned any reason there 
 for, but that he was instructed by his Majesty so to do : 
 
 And, whereas this House did, at the then session, remonstrate 
 to his Honor against the holding the said General Assembly out 
 of the town of Boston ; and, did also come into a resolution, " that 
 notwithstanding there were matters of very great importance ly 
 ing before the Assembly, which they were very desirous of enter 
 ing upon and completing; nevertheless, it was by no means ex 
 pedient to proceed to business, while the General Assembly was 
 thus constrained to hold the session out of the town of Boston ;" 
 and did, thereupon, pray his Honor the Lieutenant Governor to 
 remove the General Assembly to its ancient and usual seat, the 
 Town House, in Boston : 
 
 And. whereas this House did afterwards resolve to adhere to the 
 said former resolution ; the reasons of which resolution, and the 
 vote for adhering to the same, are set forth in the report of one 
 committee of the House, made on the 6th, and of another com 
 mittee, made on the 12th of June last : 
 
 And, whereas his Honor the Lieutenant Governor did, in hi* 
 speech, at the next session of the General Assembly, on the 25th 
 of July last, strongly recommend to the House to proceed to the 
 public business ; and. besides a repetition of much that he had be 
 fore urged, was pleased to suggest, that, by the compact implied 
 in accepting the charter, the General Assembly was obliged to do 
 business wherever it should be convened ; to which the House 
 returned a full answer, in their message of the 31st of July; 
 wherein, among other things, they say, that being thus convened, 
 they were the sole judges of the proper time to do their part of the 
 business of the province; and, that his Honor might as well, ac 
 cording to the Tresilian doctrine, prescribe to them what particu 
 lar business they should do, and in what order, as control them in 
 this point : 
 
MASSACHUSETTS STATE PAPERS. 287 
 
 Resolved, That notwithstanding: the great variety of arguments 
 with which his Honor has labored the point, in his several speeches 
 and messages, yet, it is clearly the opinion of the House, that 
 they were within the bounds of the constitution, and fully sup 
 ported and vindicated : 
 
 Nevertheless, inasmuch as his Honor the Lieutenant Governor, 
 in his speech to both Houses, at the opening of the present session, 
 was pleased to say, that there were matters of a very interesting 
 nature to the province, which might be determined before we 
 might have another opportunity of acting upon them : 
 
 And, in his message to this House, of the 4th of October, he was 
 pleased further to say, that the state of this province would be 
 laid before the Parliament at the ensuing session : 
 
 And, from credible intelligence from Great Britain, there is 
 reason to apprehend, that administration are determined to have 
 great alterations made in our valuable charter, if not wholly to 
 vacate it ; and, at the same time, we had no agent to appear for us 
 at the Court of Great Britain : 
 
 And, whereas it appeared to this House, that it was of the ut 
 most importance to the province, to make inquiry into the causes 
 of the public grievances, and seek a radical redress; and, particu 
 larly to be informed of the reasons of the garrison, at his Majesty s 
 Castle William, in the pay of the province, being, since the last 
 session, in a new and unprecedented manner, withdrawn, and the 
 fortress surrendered to his Majesty s regular forces : For these, 
 and other most weighty considerations, the House did, at the be 
 ginning of this session, resolve to proceed to the public business ; 
 at the same time, in the strongest manner, remonstrating, and 
 hereby ordering their protest to be entered on their journal, that 
 they were constrained to proceed to business out of the town of 
 Boston, from the most pressing necessity ; and, that it ought never 
 to be drawn into precedent, but under the like necessity. 
 
 [Committee were, Mr. Wood, Mr. Hancock, Gen. Prebble, Mr. 
 S. Adams, and Maj. Reed/] 
 
 MESSAGE 
 
 BROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT 
 GOVERNOR, NOVEMBER 20, .1770. 
 
 May it please your Honor, 
 
288 MASSACHUSETTS STATE PAPERS. 
 
 " that in withdrawing the garrison, which was paid by the province, 
 and placing a garrison there, to be paid by the King, in pursuance 
 of instructions received from him, we had no grounds to infer, that 
 you had divested yourself of the right given you, by charter, over 
 that fort, in common with other forts in the province." Since 
 which, we find, by the tenor of the orders given to Capt. Phillips, 
 under your own hand, on the tenth day of September last, that you 
 expressly directed him " to deliver the possession of that fort to 
 Lieut. Col. Dalrymple, and to such detachment of the regular 
 forces then on the island, as he should order ;" which was done 
 accordingly. 
 
 And, we also find, by the deposition of Mr. Stephen Hall, late 
 chaplain of the garrison, whom your Honor directed to attend you, 
 that afterwards, on the same day, being then at the Castle, your 
 Honor personally delivered the keys of that fort to Lieut. Col. 
 Dalrymple, as commanding officer; declaring that you did it, by 
 " virtue of authority derived from his Majesty to govern this pro 
 vince, and, in consequence of express orders from the Earl of 
 Hillsborough, to deliver the fort into the hands of the command 
 ing officer of the King s troops then upon the island, to be garri 
 soned by such detachment, or detachments, as he should order." 
 Yet, you are pleased, in the same message, to say, " the author 
 ity given you over the Castle by his Majesty s commission, you 
 have exercised, and continue to exercise, without any infringement 
 of jh&^ rights of the people by charter, or otherwise." 
 
 We consider all the powers and authority, given by the charter 
 to me Governor of the province, to be grants for the benefit of the 
 people, which cannot be resigned without injury to them. By the 
 charter, the Governor, or Commander in Chief of the province, 
 for the time being, hath the right to commit the custody and gov 
 ernment of all torts within the province, to such person or per 
 sons, as to him shall seem meet. But your Honor has manifestly 
 parted with that right, by vesting in Lieut. Col. Dalrymple, witli- 
 out any reservation, the right to commit the custody and govern 
 ment of Castle William to such person or persons, as to him shall 
 seem meet. From which, it appears to this House, that you have 
 made an absolute surrender of that fort to his Majesty s forces, 
 with the most express resignation of your power of garrisoning the 
 same, to Lieut. Col. Dalrymple. And though your Honor declar 
 ed you did it by virtue of authority derived from his Majesty, to 
 govern the province, yet you have no authority, either by the char 
 ter, or your commission, to delegate the power of garrisoning that 
 Castle to any other person : the shew of the authority of the Gover 
 nor, then held uru served only to make the surrender the more so 
 lemn and formal.] 
 
 We further find, that Lieut. Col. Dalrymple accepted the keys 
 of your Honor, expressly in consequence of orders from Gen. 
 Gage, cautiously avoiding, as we conceive, recognizing any subor- 
 
MASSACHUSETTS STATE PAPERS. 289 
 
 dination to your Honor ; and, as you have heretofore repeatedly 
 declared, to our great astonishment, that you have no authority 
 over the King s troops in the province, \ve have good grounds to 
 infer, that you did divest yourself of the right given you by char 
 ter, over that fort ; and the rather, because you informed us in 
 your speech, at the opening of this session, that u you were pre 
 vented from desiring us to make the usual establishment for the 
 same." And it is absurd to suppose, that you can have the com 
 mand of a fort thus unreservedly surrendered to, and in lull pos 
 session of such troops. 
 
 It appears to the House, that your Honor has, in this instance, 
 merely in obedience to instructions, divested yourself of a power 
 of governing, which, by the charter, is vested in you for the safety 
 of the people ; and, that it is a precedent of the most dangerous 
 tendency. We do, therefore, in faithfulness to our constituents, 
 warmly remonstrate against it as a very great grievance ; and earn 
 estly pray, that your Honor would, in tenderness to the rights of 
 this people, take effectual measures, that the power of garrisoning 
 his Majesty s Castle William, may be restored to the Governor of 
 the province, to whom, by charter, it belongs. 
 
 [The committee, by whom this message was reported, consisted 
 of S. Adams, Maj. Hawley, J. Adams, J. Hancock, Col. Worth- 
 mgton, J. Pickering, and Col. Warren.] 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOVERNOR, 
 NOVEMBER 20, 1770. 
 
 May it please your Honor, 
 
 THE House of Representatives have heretofore viewed with 
 concern, the deplorable state of the militia of this province; but, 
 have hitherto refrained from any public mention of it, lest some 
 misconstruction should be put upon it. But, by the last advices 
 from Great Britain, the nations of Europe appear to be on the eve 
 of a general war ; and, perhaps, America may be the object in the 
 eye of some of those nations. And, when some of the regiments 
 within this province are destitute of field officers, and many com 
 panies without captains or subalterns, the arms of the militia, we 
 fear, are deficient, and military discipline too much neglected. 
 
 Duty to his Majesty, and a regard to our own safety, constrain 
 
 us to address your Honor, praying, that you would be pleased, as 
 
 soon as may be, to fill up the vacancies in the several regiments, 
 
 where such vacancies are, with such persons, as to your Honor 
 
 37 
 
290 MASSACHUSETTS STATE PAPERS, 
 
 shall seem meet 5 and, that your Honor would be pleased to use 
 your endeavors, that the several officers carefully discharge the 
 trust reposed in them ; and, should any amendments in, or addi 
 tion to the laws, for regulating the militia of this province, be 
 thought needful at the next session of the General Court, the 
 House of Representatives will cheerfully do all in their power, 
 towards putting the militia on a respectable footing. 
 
 [The committee were, Mr. S. Adams, Capt. Heath, Mr. Porter, 
 Capt. Brown, and Mr. Dennie."] 
 
 MESSAGE 
 
 FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 NOVEMBER 20, 1770. 
 
 Gentlemen of the House of Representatives, 
 
 ON the 7th of this month I received a message from you, in 
 which you informed me, that it was your opinion, a law without 
 the words, in General Court assembled, in the enacting part, is 
 not valid, and you offered several resolutions in support of your 
 opinion. The next day I sent you an answer, in which I let you 
 know my opinion, that a law, without those words in the enacting 
 part, is valid, and I gave you several reasons to support this opin 
 ion. You thereupon sent for all the bills which lay before the 
 Council, caused those words to be taken out, and you have since 
 passed those bills, and divers others, to most of which I have 
 given my assent, without the words. I had reason to think, that 
 the majority of the House \vas convinced that the words were 
 unnecessary, and, I expected, that I should hear nothing further 
 upon the subject. I went to Cambridge on Saturday, the 17th, 
 with an intention to prorogue the Court. Your committee soon 
 attended me with another very long message, in which you again 
 declare your opinion, that those words are necessary, and that 
 impartial judges will not be in favor of the sufficiency of the late 
 style used in enacting our laws. 
 
 I think your constituents will be surprised at your passing so 
 great a number of laws, and declaring, immediately after, that you 
 judge them all to be of no validity, which is doing all in your 
 power, as a House of Representatives, to induce a refusal to sub 
 mit not to them only, but to all other laws which have been made 
 for near thirty years past. If I had been of opinion that those 
 words are essential, I would either have refused my assent to the 
 bills, lest a greater mischief should arise from defective laws, than 
 from the want of them ; or, if I had given my assent, I would cer- 
 
MASSACHUSETTS STATE PAPERS. 291 
 
 tainly have done nothing which should prompt the people to deny 
 the authority of them. To prevent this mischief, I am obliged to 
 continue a controversy, which I wished to avoid, and to show that 
 your last message does not better support your principle, than th 
 former did. Previous to it, I will just observe, that I gave you no 
 occasion to insinuate that I supposedly opinion would be an au 
 thority. You had expressed yourselves, in your message to me, in 
 these words : " this House are of opinion," and, I did not- ima 
 gine it would be deemed arrogance in me, to say, " I am of opin 
 ion" also 5 which opinion carries the greatest, or whether either 
 carries any authority, I have not determined. 
 
 You say, you think it surprising and unfortunate that I should 
 assert, that " the style of a law which expresses the Governor, 
 Council, and House of Representatives, expresses that authority, 
 which, by charter, hath power to make laws;" and you then re 
 cite divers paragraphs from the charter, and declare it to be " cer 
 tain and obvious," that those words do not express that power, 
 " because, unless the Governor, Council, and House of Repre 
 sentatives are convened and held in General Court or Assembly, 
 they have no authority, by charter, to make laws ;" and you ven 
 ture to submit to my own consideration, whether an act of the 
 Governor, Council, and House of Representatives, would be valid, 
 if passed by each of those branches not in General Court assem 
 bled, and add, " should a bill pass the House, and be sent up to 
 the Board, in the present session, and, after a prorogation of the 
 General Court, be concurred by the Council, and consented to by 
 the Governor, can there be the least foundation for an opinion 
 that such a bill could become a law ?" 
 
 You must give me leave, gentlemen, to be astonished in my 
 turn ! You certainly have not thoroughly considered your own 
 powers, and the nature of your political existence, otherwise, you 
 must have discovered that there can be no act of the Governor, 
 Council, and House of Representatives, except in General Court 
 assembled. The words, " House of Representatives," in our 
 laws, are technical, and used in an appropriated sense, and signify 
 a body of men, who are an essential part of the General Court o"r 
 Assembly, and which part can have no separate existence : and. 
 the instant the General Court or Assembly is dissolved, the House 
 of Representatives is annihilated ; and, the instant the General 
 Court is prorogued, there is a temporary cessation of the existence 
 of the House, or, what is equivalent to it, an incapacity of exer 
 tion of any sort of powers ; and by all rules of Parliamentary pro 
 ceedings, all your committees and delegated powers of every kind, 
 end with the session ; and every act of the House, not made a 
 complete act of the Legislature, by the concurrence of the other 
 branches, becomes a nullity, and is considered as if it had never 
 been. The orders and resolves of the House of Commons for im 
 prisonment for the highest contempt, as soon as the Parliament is 
 
292 MASSACHUSETTS STATE PAPERS. 
 
 prorogued, lose their efficacy, and the offender is discharged. I 
 know not any color you can have for greater authority within the 
 province, than the House of Commons hath within the realm. If 
 this be admitted, you may just as well suppose the Governor and 
 Council to concur an act of a House of Representatives, which 
 never existed, which is a palpable absurdity, as an act of a House 
 after it ceases to exist, after every thing doue, while it had an 
 existence, is become a nullity. Seeing, then, that it is impossible 
 for the Governor and Council to concur an act of the House of 
 Representatives, after their union in General Court or Assembly 
 ceases, and that the House of Representatives can have no exist 
 ence, but as a part of the General Assembly ; whenever the Gov 
 ernor and Council are named, as acting with the House of Repre 
 sentatives, it must be understood in their joint Legislative capa 
 city ; and, consequently, every act of the Governor, Council, and 
 House of Representatives, must be an act of the Governor, Coun 
 cil, and House of Representatives " in General Court assembled." 
 It would be easy to show, that all you have brought from the 
 statutes, will not disprove what I advanced, viz. : that many an 
 cient statutes are in force without the express averment you al 
 lege ; and, I think it may likewise be made to appear, that the 
 word " Commons" in acts of Parliament, are not analogous to the 
 word " House of Representatives" in our provincial laws ; and 
 that, if it could be admitted, that additional words, or another 
 mode of diction, would be more full and expressive, the use of a 
 less expressive form of words, for near thirty years, without inter 
 ruption, would, notwithstanding, be sufficient to establish the form, 
 to give it a technical propriety, and to render all exceptions to 
 itin,ere cavils. 
 
 ^Tam sorry any time has been lost in a matter of so little con 
 sequence ; because, I am not able to acquaint you with the " spe 
 cial" reason which induced the King to give his instruction, although 
 I had let you know what I thought myself might be a sufficient 
 reason ; you charge, not me only, but all my predecessors, for 
 twenty-eight years past, with governing, by positive orders from 
 other persons, at three thousand miles distance, without being 
 able to discover " any" reason for them ; and, in your next para 
 graph, you express your concern, that I am determined so scrupu 
 lously to adhere to the letter of my instruction, as not to make my 
 humble application to his Majesty to withdraw it ; but you take no 
 notice of the reason I give you, viz. : because it did not appear to 
 me to abridge you of any of your rights^ or to subject the province 
 to any inconvenience. This is not the first time I have had occa 
 sion to complain of a partial and injurious representation of my 
 messages, in order to give a more specious answer to them. 
 ~ s You had no reason to be displeased at my putting you in mind * 
 of the length of the session, for although you may be accountable 
 to your constituents only, for the time you spend in doing the 
 
MASSACHUSETTS -STATE PAPERS. 293 
 
 public business, you ought, nevertheless, to remember, that when 
 much time is spent, and no business is done, my duty to your con 
 stituents requires that I should ease them of the burden you bring 
 upon them, and put an end to the session, unless I can prevail 
 with you to alter your measures and proceed to business. Of the , 
 thirteen weeks which the Court has sat since May, more than 
 seven had passed before you entered upon business, so that the 
 unusual length of your session cannot be attributed to former dis 
 solutions or prorogations, especially, as the Court had time enough 
 to have made up all arrears in the last spring session, nor have you 
 been at all delayed by my not residing at Cambridge ; the first day 
 of the present session, I was prevented by tempestuous weather, 
 but had I been present, I did not intend to have opened the Court 
 until the next day. 
 
 Whether it was owing to my message, or to any other special 
 motive, I cannot determine, but, immediately after, you discover 
 ed a resolution, and I thank you for it, to resist and remove all 
 the unnecessary obstructions, which, from time to time, had been 
 laid in your way ; and you have done more business, notwith 
 standing all the alleged inconveniencies from the place of hold 
 ing the Court, than I remember to have been done in the like space 
 of time, since I have had any share in public affairs. <_, 
 
 This morning your committee attended me with another mes- y 
 sage or remonstrance, relative to the exchange of the garrison at 
 the Castle, to which I shall give no other answer, than that there 
 is nothing in the orders I gave to Capt. Phillips, which does not 
 perfectly consist with my retaining the command of the Castle, 
 and my right to exchange the present garrison for the former, or 
 any other, as I shall think proper; and, that Mr. Hall, the Chap 
 lain, has not only not given you the form of words in which I com 
 mitted the custody of the Castle, " according to the charter," to 
 Col. Dalrymple, but has substituted words which carry a very 
 different meaning ; he has, however, with great modesty, declared, 
 that he was not able to recollect the words, and could only recol 
 lect the impression they made upon his rnind ; and this reserve of 
 his, not serving your purpose, you have industriously taken care 
 to omit ; and, I must further add, that the formality of delivering 
 the keys has been the constant practice, when the Governor has 
 committed the custody and government of that fort to any person, 
 at three or four instances of which I have been present ; anj,Tyvhen- 
 ever he calls for them again, such person must deliver the"mTl 
 
 Your other message, which respects the militia, is of great im 
 portance, and shall meet with all due attention ; and I hope you 
 will join with me in further effectual provision to enforce that 
 due obedience to the orders of the Captain General, and of the 
 military officers under him, which is absolutely necessary to ren 
 der the militia of any service; which orders, in some late instances, 
 have been disobeyed. 
 
MASSACHUSETTS STATE PAPERS. 
 
 Upon the whole, gentlemen, I should do myself injustice, if I 
 did not observe, that it gives me great satisfaction to reflect, that 
 when you are, by every way in your power, seeking to impeach 
 my conduct since I have been in the chair, you have been unsuc- 
 icessful in every attempt. You will always endeavor in vain, to 
 move me to give up to you any part of the prerogative of the 
 Crown ; I never will make any encroachment upon the rights of 
 the people. T. HUTCHINSON. 
 
 MESSAGE 
 
 FROM HIS EXCELLENCY THE GOVERNOR TO THE TWO HOUSES, 
 APRIL 3, 1771. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 SINCE we were last assembled in General Court, the tranquil 
 lity of his Majesty s dominions have been in great danger of being 
 disturbed by the violent proceedings of the Spanish Governor of 
 Buenos Ayres, in dispossessing his Majesty s subjects of their 
 settlement at Port Egremont. I have received repeated assur 
 ances from the right honorable the Earl of Hillsborough, one of 
 his Majesty s principal Secretaries of State, that, if matters should 
 come to extremities, the security of his Majesty s dominions in 
 America will be a principal object of his most gracious care and 
 attention. A plan of augmentation of his Majesty s forces upon 
 the British establishment, has already been determined upon, and 
 his Majesty s pleasure has been signified to me, that I should ex 
 ert my utmost endeavors to give efficacy and despatch to this plan, 
 by assisting his Majesty s officers to raise such a number of re 
 cruits, as shall be sufficient to complete the several battalions, now 
 serving in America. I have, with the advice of his Majesty s 
 Council, issued my proclamation, inviting and requiring his Ma 
 jesty s faithful subjects, in this province, to engage in, and pro 
 mote, according to their several stations and capacities, a service 
 so essential to their security and defence. 
 
 It appears probable, by the last intelligence from England, that 
 satisfaction may have been made for this hostile act of the Span 
 iards ; but, as I have received no authentic advice of it, and have 
 no sufficient reason to suppose that the proposed plan of augmen 
 tation will be receded from, I shall persevere in giving encourage 
 ment to it ; and if any act of legislation shall be found necessary. 
 I will recommend it to you, and readily concur with you in it. 
 
MASSACHUSETTS STATE PAPERS. 295 
 
 I have no particular interior business of the province now to 
 lay before you. The stated season for the convening a new As 
 sembly, agreeable to charter, being so near, I choose to refer to 
 that time all matters, except such as are of immediate necessity, 
 and will come before you, of course. If you will give the despatch 
 which is requisite on your part, there shall be no delay on my 
 part. I doubt not, as the most busy season of the year is just at 
 hand, you wish to return to your respective homes as soon as 
 may be. 
 
 I may not omit acquainting you, in form, that I have received 
 his Majesty s commission, appointing me Captain General and 
 Governor in Chief, in and over the province ; that it has been 
 published in the usual manner ; that I have the most grateful 
 sense of the honor done me by this appointment 5 and that it is my 
 sincere desire and resolution to employ the powers, with which I 
 am entrusted, for his Majesty s service, and for the best interest 
 of the people; and I will cheerfully join, at all times, with the 
 other branches of the Legislature, in such measures, as may tend 
 completely to restore, and constantly to maintain, that state of 
 order and tranquillity, upon which the prosperity of the province 
 so much depends. T. HUTCHINSON. 
 
 MESSAGE 
 
 FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE OF 
 REPRESENTATIVES, APRIL 5, 1771.* 
 
 Gentlemen of the House of Representatives, 
 
 As soon as you had opportunity for it, you appointed a com 
 mittee to present me a verbal message, requesting me to remove 
 the Court to its ancient and legal seat, the town of Boston. Im 
 mediately after, I sent for you to the Council Chamber, and there 
 recommended to both Houses to proceed upon, and give despatch 
 to such public business as, in the common course of our affairs, 
 lay before them. I do not know how I could more fully have sig 
 nified to you, that I declined complying with your request. But 
 as this was not satisfactory, and you have sent me a second mes- 
 sage, I must tell you, in the most explicit terms, that I cannot 
 remove the Court to Boston. ? .4 
 
 I have done my endeavor, that all the obstructions to the Courts 
 sitting in Boston, might be removed ; but I have failed in my en- 
 
 * The House sent a verbal message to the Governor, on the first day of the session, request- 
 ing him to remove the Court to its ancient and usual seat, the Town House, in Boston. OH 
 the 5th, they sent another message, making a similar request. 
 
296 MASSACHUSETTS STATE PAPERS. 
 
 deavor. One of these obstructions is your denying, in effect, the 
 right reserved by the Crown, to convene the Court in such place as 
 he thinks proper. If every other impediment was out of the way, 
 whilst you continue to urge, that, by law, the ( ourt must be held in 
 Boston, I may not ask his Majesty s leave to carry you there. I 
 should give up to the House of Representatives a right, which 
 would have remained in the Crown, if no notice had been taken of 
 it in the charter. I could even then have had no plea, if I had 
 been called to answer, except my ignorance of the constitution ; 
 but, now it is expressly reserved, I should be wholly without ex 
 cuse. 
 
 I am sensible there is business of great importance before the 
 Court 5 but, I am less concerned whether you proceed to act upon 
 it. because, it is but a short time before I shall be obliged, by char 
 ter, to meet a new Assembly therefore, if you decline proceed 
 ing, I shall, without delay? put an end to the session. 
 
 T. HUTCHINSON. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
 APRIL 24, 1771. 
 
 May it please your Excellency, 
 
 [THE House of Representatives have given all due attention 
 to your speech to both Houses, at the opening of this session. The 
 violent proceedings of the Spanish Governor of Buenos Ayres, in 
 dispossessing his Majesty s subjects of their settlement at Port 
 Egremont, has raised the indignation of all who have a just con 
 cern for the honor of the British Crown. Such an act of hostility, 
 we conceive, could not but be followed with the most spirited 
 resolution on the part of the British administration, to obtain a 
 satisfaction fully adequate to the insult offered to his Majesty, and 
 the injuries his subjects there have sustained. Your Excellency 
 tells us, that it is probable, satisfaction may have been made for 
 this hostile act of the Spaniards. If it is so, the public tranquil 
 lity of his Majesty s dominions, so far as it has been disturbed by 
 this unwarrantable proceeding, is again restored ; and, therefore, 
 it seems to us reasonable to suppose, that the proposed plan of 
 augmentation of troops, on the British establishment, is already- 
 receded from, which renders any consideration upon that subject, 
 | on our part, unnecessary. 
 
 We owe our gratitude to his Majesty, for his repeated assur 
 ances, expressed to your Excellency, by his Secretary of State. 
 
MASSACHUSETTS STATE PAPERS. 29T 
 
 that the security of his dominions in America, will be a principal 
 object of his most gracious care and attention. This province has 
 frequently, in times past, expended much blood and treasure for 
 the enlargement, as well as support, of those dominions. And, 
 when our natural and constitutional rights and liberties, without 
 which, no blessing can be secure to us, shall be fully restored, and 
 established upon a firm foundation, as we shall then have the same 
 reasons and motives therefor as heretofore, we shall not fail to 
 continue those exertions, with the utmost cheerfulness, and to the 
 extent ef our ability. 
 
 As your Excellency has no particular interior business of the 
 province to lay before us, it would have given us no uneasiness, 
 if an end had been put to the present Assembly, rather than to 
 have been again called to this place ; and, we are unwilling to 
 admit the belief, that when the season for calling a new Assem 
 bly, agreeable to the charter, shall arrive, your Excellency will 
 continue an indignity, and a grievance so flagrant, and so repeat 
 edly remonstrated by botli Houses, as the deforcement of the 
 General Assembly of its ancient and rightful seat. 
 
 Your Excellency is pleased to acquaint us in form, that you 
 have received his Majesty s commission, appointing you Captain 
 General and Commander in Chief in, and over the province. 
 Your having had your birth and education in this province, and 
 sustained the highest honors which your fellow subjects could, be 
 stow, cannot fail to be the strongest motives with your Excellency 
 to employ those powers which you are now vested with, for his 
 Majesty s real service, and the best interest of this people. The 
 duties of the Governor and governed, are reciprocal ; and by our 
 happy constitution, their dependence is mutual. Nothing can more 
 effectually produce and establish that order and tranquillity in the 
 province, so often disturbed under the late unfortunate admin 
 istration 5 nothing will tend more to conciliate the affections of 
 this people, and ensure to your Excellency those aids, which you 
 will constantly stand in need of, from their Representatives, th"an, 
 as a wise and faithful administrator, to make use of the public 
 power with a view only to the public welfare. And while your 
 Excellency shall religiously regard the constitution of this pro 
 vince ; while you shall maintain its fundamental laws, so neces 
 sary to secure the public tranquillity, you may be assured, that 
 his Majesty s faithful Commons of this province, will never be 
 wanting, in their utmost exertions, to support you in all such mea 
 sures, as shall be calculated for the public good, and to render 
 your administration prosperous and happy. 
 
 [Committee, Mr. S. Adams, Maj. Hawley, Mr. Hancock, Col, 
 Worthington, Gen. Ruggles, and Mr. Greenleaf.] 
 38 
 
298 MASSACHUSETTS STATE PAPERS. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
 APRIL 25, 1771. 
 
 May it please your Excellency, 
 
 THE House of Representatives, after inquiry of the Secreta 
 ry, cannot be made certain whether you have yet given your as 
 sent to two bills which were laid before your Excellency, early in 
 this session ; the one, for granting the sum of five hundred and 
 six pounds, for your services when Lieutenant Governor and 
 Commander in Chief; and the other, for granting the usual sum 
 of thirteen hundred pounds, to enable your Excellency, as Gover 
 nor, to carry on the affairs of this province. 
 
 And, as your Excellency was not pleased to give your assent to 
 another bill, passed in the last session of this Assembly, for grant 
 ing the sum of three hundred and twenty-five pounds for your 
 services, when in the chair r as Lieutenant Governor, the House 
 are apprehensive that you are under some restraint; and, they 
 cannot account for it upon any other principle, but your having 
 provision for your support in some new and unprecedented man 
 ner. If the apprehensions of the House are not groundless, they 
 are solicitous to be made certain of it, before an end is put to the 
 present session ; and, think it their duty to pray your Excellency 
 to inform them, whether any provision is made for your support, 
 as Governor of this province, independent of his Majesty s Com 
 mons in it. 
 
 [The Committee by whom the above was reported, were, Mr. 
 S. ^darns, Col. Warren, Mr. Hancock, and Maj. Foster.] 
 
 MESSAGE 
 
 FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE OF 
 REPRESENTATIVES, APRIL 26, 1771. 
 
 Grentlemen of the House of Representatives, 
 
 I COULD not, consistently with my duty to the King, give my 
 assent to the bill passed the last session, for granting three hun- 
 dred and twenty -five pounds for my support. Before the close of 
 the present session, I shall assent to, or reject the bills which shall 
 have passed the two Houses, as it shall appear to me the same 
 duty requires of me. 
 
MASSACHUSETTS STATE PAPERS. 299 
 
 You are solicitous to be informed, " whether any provision is 
 made for my support, as Governor of the province, independent of 
 his Majesty s Commons in it." By the expression, " his Majes 
 ty s Commons," I suppose, you would be understood to intend the 
 House of Representatives. I must observe to you, that the King, 
 Lords, and Commons, our supreme Legislature, have determined 
 it to be expedient to enable his Majesty to make a certain and ad 
 equate provision for the support of the civil government in the 
 colonies, as his Majesty shall judge necessary. 
 
 1 will not enter into a dispute with you upon the propriety of 
 this provision. It may not, however, be amiss to acquaint you, 
 that I have not received the full instructions and other append 
 ages to his Majesty s commission, which I have reason to expect. 
 When I shall receive them, I will communicate such parts of them 
 to the House of Representatives, as I shall think for his Majesty s 
 service. 
 
 In the mean time, I am the only sufferer by declining or de 
 laying my assent to any bil Is for my support ; and, I think your 
 constituents will not blame me for being willing to avoid bur 
 dening them with this support, by the increase of the tax upon 
 their polls and estates, while there is any probability that it may 
 have been provided for in another way. 
 
 T. HUTCHINSON. 
 
 [In May, 1T71, when the Members of the Court met in Cam- 
 bridge, on the day of general election, the House of Representa- 
 tives chose a committee, composed of Messrs. J. Otis, S. Adams, J. 
 Hancock, and D. Leonard, to prepare a remonstrance to the 
 Governor, against holding the Assembly in that place, as they had 
 repeatedly done before. It is unnecessary to give the remon 
 strance, as it contains nothing but what had been urged before, on 
 the subject. It was contended, that Boston was the only legal, 
 constitutional, and convenient place for holding the General 
 Court. The Council and House of Representatives, however, 
 proceeded to the choice of Counsellors, all of whom were ap 
 proved by thfc Governor, but J. Hancock, and J. Bowers.] 
 
300 MASSACHUSETTS STATE PAPERS. 
 
 SPEECH 
 
 OF THE GOVERNOR TO THE TWO HOUSES, MAY 30, 1771. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 IT is with pleasure that I now inform you, that the account? 
 which I thought myself warranted to transmit to England, the last 
 fall, of the general disposition in the people of the province, to 
 promote order and a due submission to government, gave the 
 greatest satisfaction to his Majesty, who has nothing more at heart, 
 than to see his subjects in a state of happiness, peace, and pros 
 perity. By making these the great objects of the administration, 
 1 shall advance the real interest of the province, and, at the same 
 time do that duty to the King, which he requires of me. 
 
 The common interior business of the province, necessary to be 
 acted upon at this session, I need not particularly point out to 
 you. The state and circumstances of that part of the province, 
 which lies to the east and north of Penobscot River, where settle 
 ments are every day making, by persons who have no color of 
 title, I am required by the King, to recommend to your serious 
 consideration. I think the people deceive themselves with a 
 groundless expectation, of acquiring a title by force of possession. 
 I know that his Majesty is displeased with such proceeding ; and, 
 I have reason to apprehend, that a longer neglect of effectual mea 
 sures on our part, to prevent any further intrusions, and to re 
 move those already made, will occasion the interposition of Par 
 liament, to maintain and preserve the possession of this country or 
 district, for the sake of his Majesty s timber, with which it is said 
 to abound. I recommended this important business to the As 
 sembly of the last year, at their session in September. The Coun 
 cil thought it necessary then to be acted upon, but the House re 
 ferred it to the next session, and then let it drop without further 
 notice. 
 
 The state of the militia deserves your consideration. A bill 
 passed the two Houses the last year, in which the defects or fail 
 ures, are attributed to the officers, and they are subjected to addi 
 tional penalties. It did not appear to me that the officers, except 
 in a few instances, were chargeable with neglect of duty. In gen 
 eral, the militia are backward in appearing upon military musters, 
 and that subordination, which distinguished this government in the 
 day of our forefathers, is lost ; particularly, in the town of Bos 
 ton, a company makes so small show upon a muster day, that the 
 officers, who, 1 doubt not, are well disposed, and wish to do their 
 duty, are under great discouragements. This is partly owing to 
 the insufficiency of the fine for not attending common trainings ; 
 
MASSACHUSETTS STATE PAPERS. 801 
 
 and I leave you to consider, whether some provision is not also 
 necessary to enforce obedience to the lawful commands or orders 
 of the Captain General, and the officers under him, which is essen 
 tial to a well regulated militia. As the laws now stand, I find it 
 difficult to prevail with the most proper persons to take military 
 commissions. If additional burdens and penalties are laid upon 
 officers, their discouragements will increase in proportion. 
 
 I cannot help flattering myself, that the Assembly of this year, 
 will be distinguished by a zealous regard to the interest of the pro 
 vince ; and I hope to be able to concur in sentiment with you up 
 on all matters which may come before us. 
 
 T. HUTCHINSON. 
 
 MESSAGE 
 
 J?ROM HIS EXeELLENCY THE GOVERNOR TO THE HOUSE OF 
 REPRESENTATIVES, MAY 30, 1771. 
 
 Gentlemen of the House of Representatives, 
 
 You may depend upon my representing to his Majesty, by the 
 first vessels, the inconveniencies which you mention, in your mes 
 sage of yesterday,* to attend your sitting in any other place than 
 the town of Boston. I am restrained from holding the Court 
 there, without his Majesty s express leave. I will endeavor that 
 every obstacle may be removed ; and, upon this, and every other 
 occasion, to convince you that I am desirous not merely of pre 
 serving to you the enjoyment of all just rights and privileges, buf; 
 of procuring every convenience, so far as shall consist with my 
 duty to the King. T. HUTCHINSON. 
 
 * The Hoftse had sent a message to the Governor, stating the inconveniencies of holding 
 tl*e General Court out of Boston, and remonstrating against the removal thereof from tUu 
 ancient and nsual place, as a grievance, both to the people and the Members of the Court, 
 
302 MASSACHUSETTS STATE PAPERS. 
 
 PROTEST 
 
 OF THE HOUSE OF REPRESENTATIVES AGAINST CONVENING AND HOLDING 
 THE COURT OUT OF BOSTON, JUNE 19, 1771.* 
 
 HISTORY furnishes us with an instance of an act of Parlia 
 ment passed, giving the force of laws to the King s proclamations : 
 but this being directly subversive of the constitution, was soon re 
 pealed. Yet, since that period, an act has been labored for, to 
 give the force of law to the King s instructions to the Governors 
 of the colonies ; arid though it was not effected, some Governors 
 have appeared to consider such instructions as laws, not only to 
 themselves, but to the people. Whereas, nothing can be more 
 clear, than that neither proclamation nor instruction ought to have 
 any such force, either in regard to the Governor, or the subject 
 here. 
 
 And, although it may be within the prerogative of the Crown, in 
 cases of plain necessity, to summon a Parliament to some other 
 place than Westminster ; and so of a Governor of this province, 
 in like cases of plain necessity, to convoke a General Assembly to 
 some other place than Boston, its accustomed, ancient place, and 
 where alone provision is made for it; yet, if a British King should 
 call a Parliament, and keep it seven years in Cornwall, however 
 his Ministry, as usual, might shift for themselves, their master, and 
 his affairs, would be irretrievably embarrassed and ruined.- And a 
 Governor of this province, who, in order to harass the General 
 Assembly into unconstitutional and unconscionable measures, 
 should convene and hold them in the county of Berkshire or Lin 
 coln, would render himself and his administration justly ridiculous 
 and odious. 
 
 There is nothing more plainly to be distinguished, than power, 
 right, and prerogative, and the abuse of such power, right, and 
 prerogative. It is the King s prerogative, to pardon all crimes, 
 from trespass to high treason ; but if the King should pardon all 
 criminals, there would be an end of his government. The Com 
 mons have the sole right to give and grant, or refuse to grant 
 taxes ; but if they should refuse to give any thing, there would be 
 also an end of government. Should a King call a Parliament 
 but once in seven years, and on its meeting, instantly dissolve it. 
 and so repeatedly, a few such repetitions would ruin him, and be 
 deemed a total dissolution of the social compact. Should a Gov 
 ernor of this province, annually convene a General Assembly, and 
 before, or immediately after, the election of Counsellors, dissolve 
 
 * The committee who prepared this protest, were, Mr. J. Otis, Mr. Denny ? Mr. Hancock, 
 and Mr. Adams. The object of this protest being to show the danger of having instructions 
 , from the Ministry or Crown, superior ty the authority given by the charter, rather than tc 
 I complain of the Court s sitting in Cambridge, it is here inserted. 
 
MASSACHUSETTS STATE TAPERS. 303 
 
 such Assembly, as the conduct would be similar, the inferences 
 and consequences must also be alike ; for such exercises of the 
 prerogative could not be deemed mistakes, but must be construed 
 as voluntary and corrupt abuses of thj?. prerogative, and a total 
 perversion of the powers of which it consists. Such instances, it 
 may be said, would be manifest abuses of power and prerogative ; 
 and it is most clearly, in our opinion, an abuse of the power, vest 
 ed by charter, in the Governor of this province, for him, from 
 time to time, unnecessarily, or merely in obedience to an instruc 
 tion, without exercising that judgment and discretion of his own, 
 which, by charter, he is empowered, and is in duty bound to exer 
 cise for the good of the province, and not for the preservation of 
 his place, to convene and hold the General Assembly out of the 
 town of Boston ; which is not only its ancient, but also, on various 
 accounts, the most convenient place ; more especially, as ample 
 provision is there made for holding the Assembly, in costly and 
 commodious buildings, and no part of the necessary provision is 
 made in any other place in the province. 
 
 By the charter, the Governor, with other civil officers, is to be 
 supported by the free gift of the General Assembly ; and, it would 
 be dangerous for so important a trust as that of convening, ad 
 journing, proroguing, or dissolving the General Assembly, to be 
 placed in any one, who is not thus supported by the free grants of 
 the people. The safety of the people requires, that every power 
 should have a check ; by the charter, therefore, it is ordained, 
 that the full power of convening, adjourning, proroguing, and dis 
 solving the Assembly, shall be vested in the Governor, who is to 
 reside within the province, and is, and ought to be, supported by 
 the free grants of the people. The King, by the charter, has cov 
 enanted and granted, that the Governor shall exercise this power 
 " as he shall think fit," or " judge necessary," and not another ; 
 an endeavor, therefore, to restrain the Governor in the exercise of 
 this power, is clearly an attempt to infringe and violate the char 
 ter. And the Governor, in our opinion, cannot, consistent with 
 the trust and duty of his office, refuse or delay to hold the Assem 
 bly in the place which is evidently the most convenient, until he 
 shall obtain " express leave," from the King or his Minister. It 
 is so far forth suspending the effect, and depriving the people of 
 the benefit of the royal grant made to them in the charter. To 
 restrain the Governor in the free exercise of this power, at once 
 reduces him to a mere machine ; and deprives us, not only of eve 
 ry charter right, but of all freedom. By such a restraint, a free 
 Assembly would be subjugated to arbitrary edicts and mandates ; 
 for if an instruction is as obligatory on a Governor, as some con 
 tend for, or supersede the charter in one instance, it may in a 
 thousand, or in all. 
 
 Upon the foregoing considerations, this House think it their in 
 dispensable duty, in discharge of the sacred trust reposed in them 
 
304 MASSACHUSETTS STATE PAPERS, 
 
 by their constituents, and for the sake of preserving and maintain 
 ing, as far as may be in their power, the free constitution of the 
 province, in the most explicit manner, to protest, and they do 
 accordingly protest, against all such doctrines, principles, and 
 practices, as tend to establish either ministerial, or even royal 
 instructions, as laws within the province. 
 
 And further, this House do particularly protest, and order the 
 same to be entered on the journal, against the present manner of 
 exercising the prerogative, in convening and holding the General 
 Assembly at Harvard College, in Cambridge, merely by force of 
 instructions, as an intolerable grievance, which ought speedily to 
 be redressed. 
 
 It is notorious, that former Houses have borne this grievance 
 with great moderation, in hopes it would not have been continued ; 
 and, although the present House is inclined to judge as candidly 
 as possible, of the intentions of administration ; yet, it is the clear 
 opinion of the House, that, if after all the remonstrances that have 
 been made against this grievance, it should not speedily be re 
 dressed, it will then become plain and obvious, that the power 
 vested in the Governor, by the charter, for the good of the pro 
 vince, is wittingly perverted to a very different end. 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES TO HIS EXCELLENCY S SPEECH, AT 
 THE OPENING OF THE SESSION, JUI^E 14, 1771. 
 
 May it please your Excellency, 
 
 THE House of Representatives have taken into consideration 
 your speech to both Houses, at the opening of this session. Your 
 Excellency is pleased to inform us, that you thought yourself war 
 ranted the last fall, to transmit to England, an account of the 
 general disposition of the people of this province to promote or 
 der, and a due submission to government, which had given the 
 greatest satisfaction to his Majesty. Your Excellency must be 
 very sensible that the people of this province have always been 
 disposed to promote order, and a due submission to constituional 
 authority; and, therefore, we humbly conceive, there never was a 
 time when your Excellency might not have been warranted to re 
 present us in such a point of light, as would have given his Majesty 
 the greatest satisfaction in that regard. The people, it is true, 
 have been, and are still, with abundant reason, discontented with 
 the acts of Parliament, for raising a revenue in America, without 
 the free consent of their own Representatives ; and, with other re- 
 
MASSACHUSETTS STATE PAPERS. 305 
 
 gulattons which they justly apprehend to be not only oppressive, 
 but destructive to their constitutional and charter rights. This 
 uneasiness has been grossly misrepresented by the enemies of the 
 province, as a mark of disaffection to his Majesty s government. 
 
 If your Excellency will be pleased to employ that influence, 
 which your advanced station in the province now gives you, in ef 
 fecting a redress of those great grievances, you will, in the opinion 
 of this House, very substantially promote the real interest of the 
 province, and establish order, happiness, peace, and prosperity ; 
 and thereby render the most acceptable service to the people, in a 
 manner perfectly consistent with duty to his Majesty. 
 
 With regard to the settlements which your Excellency is pleased 
 to inform us are every day making, on that part of the province, 
 which lies to the east and north of Penobscot River, your Excel 
 lency is sensible that some of them are in consequence of grants 
 made by the General Assembly of this province, agreeable to the 
 royal charter ; but if any other settlements are made there, with 
 out any color of title, the House apprehend that the charter, which 
 is the first law of the province, provides a sufficient penalty of one 
 hundred pounds sterling for every trespass on the King s woods ; 
 and, as his Majesty has been pleased, from time to time, to ap 
 point a surveyor of his woods, with a power of substitution, whose 
 duty it is to prevent any such intrusions, or remove them, if alrea 
 dy made, the House are of opinion, that there can be no necessity, 
 at present, of the interposition of this, or of any other Legislative 
 act for that purpose. 
 
 The state of the militia of the province, is considered by this 
 House, as a subject which requires the most serious attention. 
 The Assembly of the last year, for the important purpose of better 
 regulating the militia, prepared a bill, and laid it before your Ex 
 cellency. We cannot agree with your Excellency, in the excep 
 tions which you are pleased to mention against that bill. It is 
 apparent, that a laudable ambition prevails among the people in 
 many, if not all parts of the province, to excel in the military art 5 
 and we have observed with great satisfaction, a readiness in them 
 to appear upon musters, and cheerfully to obey the lawful com 
 mands of such officers, as are desirous and capable of doing their 
 duty. If, therefore, your Excellency shall have regard solely to 
 the necessary qualifications of the persons who may be appointed 
 to the military command, we cannot but promise ourselves, that 
 the military spirit of the country will again be as conspicuous as 
 it was in the days of our fore fathers, and thereby his Majesty s 
 real service, and the safety of this province, greatly promoted. 
 
 We flatter ourselves, that the present Assembly will not be 
 wanting in the same zealous regard for the real interest of the 
 province, which distinguished the last and former Assemblies. 
 Your Excellency may be assured, that this House will exert them 
 selves to the utmost, in promoting the honor and service of fei s 
 39 
 
306 MASSACHUSETTS STATE PAPERS. 
 
 Majesty, and in maintaining and supporting the rights and liber- 
 ties of the people. These are the great ends of government ; and, 
 while we keep them in view, we shall have reason to expect your 
 Excellency s concurrence with us in our determinations upon all 
 matters of importance that shall come before the Assembly. 
 
 [The committee, by whom the above was reported, were, Mr. 
 Hancock, Col. Bowers, Brig. Prebble, Mr. Ingersol, Mr. Hobson, 
 Maj. Foster, and Mr. Adams.] 
 
 MESSAGE 
 
 FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE OF 
 REPRESENTATIVES, JULY 4, 1771. 
 
 Gentlemen of the House of Representatives, 
 
 THE Secretary has laid before me an engrossed bill, entitled 
 an act for apportioning and assessing a tax of fifteen thousand 
 pounds, &c. I find that this bill is of the same tenor with the 
 acts, which of late years, have been annually passed by the Gen 
 eral Court. By virtue of those acts, the assessors in several towns, 
 have taxed the officers of the Crown, who have been resident in 
 such towns, for the profits they receive from their commissions, 
 although their offices have no peculiar relation to this province. I 
 doubt whether this could be the intent of the former acts ; but as 
 this construction has been put upon them, I cannot sign another 
 act in the same form, being expressly forbid by his Majesty s 
 twenty -seventh instruction, from giving my consent to such an act, 
 upon any pretence whatsoever. I cannot doubt of your being of 
 the same sentiment with me, that such a general clause, as is now 
 in the bill, which empowers the assessors to tax all commissions of 
 profit, needs some qualification, and that it should extend no far 
 ther than to commissions which peculiarly relate to this province ; 
 otherwise any of his Majesty s servants, who may occasionally re 
 side here for a short term, may be taxed for the profit which they 
 receive from their commissions and places in Great Britain, and 
 every other part of his Majesty s dominions. 
 
 T. HUTCHINSON. 
 
MASSACHUSETTS STATE PAPERS. 307 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
 JULY 5, 1771. 
 
 4 
 
 May it please your Excellency, 
 
 THE House of Representatives have taken into consideration? 
 your Excellency s message of this day. The reason you are pleas 
 ed to assign for withholding your assent to the tax bill, is surpris 
 ing and alarming. We know of no commissioners of his Majes 
 ty s customs, nor of any revenue his Majesty has a right to estab 
 lish in North America; wejsjim-aqd Jeejja tribute, levied and 
 extortecljf rpm th ose , who, if they have property, have a right to the 
 absolute disposal of it. 
 
 By the royal charter, it is expressly granted, that the General 
 Assembly shall have full power and authority to impose and levy 
 proportionable and reasonable assessments, rates, and taxes, upon 
 the estates and persons of all and every, the proprietors and inhab 
 itants of this province. Hence, it plainly appears, that the 
 power of raising and levying taxes, is vested in the General As 
 sembly ; and that power, which has the sole right of raising and 
 levying taxes, has an uncontrolable right to order and direct, in 
 what way and manner, and u;*on whom, such taxes shall be raised 
 and levied. Therefore, for your Excellency to withhold your 
 assent to this bill, merely by force of instruction, is effectually 
 vacating the charter, and giving instructions the force of laws, 
 within this province. And we are constrained to say, that your 
 Excellency s present determination is to be governed by them, 
 though this should be the consequence. We must further observe, 
 that such a doctrine, if established, would render the Representa 
 tives of a free people, mere machines ; and they would be reduced 
 to this fatal alternative, either to have no taxes levied and raised 
 at all, or to have them raised and levied in such a way and man 
 ner, and upon those, only, whom his Majesty pleases. 
 
 As to the operation of law, mentioned in your Excellency s 
 message, the law of this province, at least in this respect, has 
 rightly operated, as it ever ought to. And we know no reason, 
 or any semblance of reason, why the commissioners, their superior 
 or subordinate officers, who are equally protected with the other 
 inhabitants, should be exempted from paying their full proportion 
 of taxes for the support of government, within this province. 
 
 [The committee, by whom this message was prepared, were J. 
 Otis, Capt, Thayer, Col. Bowers, S. Adams, and Mr. Denny.] 
 
308 MASSACHUSETTS STATE PAPERS. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
 JULY 5, 1771. 
 
 May it please your Excellency r , 
 
 THE General Court, in their present session, having passed 
 an act, to inquire into the rateable estates of this province, and the 
 House of Representatives being very desirous to complete the 
 same, as soon as may be, after the return of the lists ; they there 
 fore desire your Excellency would be pleased to give the Assem 
 bly an opportunity to come together the beginning of October next, 
 for that purpose. 
 
 MESSAGE 
 
 FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE OF 
 REPRESENTATIVES, JULY 5, 1771. 
 
 Gentlemen of the House of Representatives, 
 
 I SHALL always consult his Majesty s service, as to the time 
 of meeting the General Assembly, and govern myself accordingly. 
 
 T, HUTCHINSON. 
 
 MESSAGE 
 
 FROM THE TWO HOUSES, TO HIS EXCELLENCY THE GOVERNOR, 
 JULY 5, 1771. 
 
 May it please your Excellency, 
 
 YOUR Excellency having refused to assent to the grants made 
 at the last session of the General Court, to Mr. Bollan, and Mr. 
 De Berdt, for their respective services in England, the two Houses, 
 in faithfulness to themselves, and those they represent, are con 
 strained to remonstrate to your Excellency on this subject ; and 
 for that purpose would observe, that self defence, whether it re 
 gards individuals or bodies of men, is the first law of nature ; and, 
 that in obedience to this law, this community, when its rights and 
 liberties have been attacked, have, by their Representatives, at 
 different times, appointed agents for their defence. Now, al- 
 
MASSACHUSETTS STATE PAPERS. 309 
 
 though it had been the usual practice for the Governor to be con 
 cerned in that appointment, yet, when circumstances became criti 
 cal, and the dearest rights of the province were at stake when 
 the King s ministers appeared resolved to infringe those rights. 
 and could influence the Governor, who was wholly in their power, 
 to procure an agent to their mind, or to control the instructions 
 that might be prepared for him, whereby the end and design of his 
 appointment might be frustrated ; when this was the case, it be 
 came fit and reasonable, that an agent, chosen by either House, 
 and the instructions given him should be wholly independent of 
 the Governor ; and, consequently, it must be fit and reasonable, 
 that the pay and support olf such agent, should not be obstructed 
 by the Governor. 
 
 The same reasoning is applicable to the appointment of the 
 agent by the Council ; with regard to which, it may be observed, 
 that when heavy and repeated charges had been laid against them, 
 by the late Governor, Sir Francis Bernard, of Nettleham, Baronet, 
 designed and calculated not only to asperse their characters, but 
 to affect the charter of the province, the necessity of the case re 
 quired they should defend themselves against those charges. The 
 right of defence, which is necessary to guard and preserve every 
 other right, is founded in natural justice and common law, which 
 do not suffer any one to be condemned, without being first heard, 
 and their defence considered ; and of this right they cannot be 
 deprived, without being deprived at the same time of their politi 
 cal existence. 
 
 The Council are an order of men instituted by charter, and 
 were censured by the said Governor, in their public capacity ; a par 
 ticular charge being made upon them, their sole authority was suf 
 ficient and proper to answer it ; and the Council being a constitu 
 ent part of the body politic, their defence was as necessary to 
 the good of the whole, as the care and preservation of an essential 
 part is to the body natural. The Council being an essential part 
 of the body politic, or incorporated province, and their defence 
 being necessary and beneficial to the whole, the province is charge 
 able to pay for such defence, and consequently, no Governor, or 
 other person, can justly obstruct the payment. 
 
 The right of defence includes a right to all the means requisite 
 and proper for that defence, and consequently, a right to appoint 
 and support their own defender ; without this, the freedom and 
 benefit of defence would be taken away, where they cannot appear 
 in their own persons. * 
 
 From the foregoing observations, the two Houses think it ap- I 
 pears, very manifestly, that they have a just and clear right, both 
 jointly and separately, to appoint agents for themselves, without 
 the concurrence of the Governor ; and, that the great principle of 
 self defence inherent in, and necessarily active, in all bodies capa 
 ble of action, makes it unfit and unreasonable, that the Governor s 
 
310 MASSACHUSETTS STATE PAPERS. 
 
 should refuse his assent to grants made to such agents, for their 
 services to the province. 
 
 As the grants made at the last session, cannot operate, new 
 grants have been made to the said agents, this present session, 
 which now lie before your Excellency ; to which grants, the two 
 Houses hope, your Excellency will give your assent. 1 
 
 SPEECH 
 
 OF THE GOVERNOR TO THE TWO HOUSES, JUJ.Y 5, 1?71. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 I HAVE continued the session longer than has been usual at 
 this season of the year, that you might have the full time you de 
 sired for transacting the public and private business which came 
 before you, and it gives me pleasure to reflect, that, in general, a 
 good harmony has subsisted between the several branches of the 
 Legislature. In some parts of your proceedings, I have not been 
 able to concur in sentiment with you ; particularly, 
 
 Gentlemen of the House of Representatives, 
 
 I cannot help disapproving of a certain instrument which you 
 voted,|in consequence of a message from me, and which you have 
 caused to be entered upon your journal, and to be printed in the 
 public newspapers. I am obliged to make some remarks upon it, 
 before I put an end to the session, although it has not been ad- 
 dressed to me in the usual form. By this instrument, you protest, 
 as you express it, first, against whatsoever tends to establish min- 
 
 <* isterial or royal instruction as laws within the province; and, 
 
 secondly, against holding the Court in Cambridge, merely by force 
 
 i * of instructions, as an intolerable grievance, which ought speedily 
 
 -w to be redressed. 
 
 The first part of your protest was altogether unnecessary, and 
 can have no good effect, but may alarm the people when they are 
 in no danger ; for, by the tenor of my commission, notwithstand 
 ing I am required to follow the King s instructions, I am to make 
 the charter and the laws of the province, the rule of my adminis 
 tration ; and, upon these fundamentals, all my instructions are 
 framed ; and if ever you shall think that you have ground to ac 
 cuse me of departing from the charter and the established laws, I 
 promise you that I will not avail myself of an instruction for my 
 justification or excuse 5 but, if I happen to differ from you upon the 
 
MASSACHUSETTS STATE PAPERS. 311 
 
 construction of the charter or your laws, you must allow me to 
 govern myself by my own, rather than by your judgment. 
 
 The second part of your protest, appears to me, to be repugnant 
 to what has been admitted for more than four score years, to be a 
 part of your constitution ; for. notwithstanding, you confine your 
 protest to my removing the Court from Boston, by force of an in 
 struction, you may, with equal reason, extend it to any act whatso 
 ever done by force of instructions. I must deal plainly with you, 
 gentlemen, and let you know that I cannot consider myself at 
 liberty to depart from the King s instructions, in any matters, 
 which are not repugnant to the charter and to the established laws; 
 and it is not the preservation of my place which influences me, 
 but a sense of my duty to the King, and the preservation of his 
 just prerogative. It is a new doctrine advanced by the last As 
 sembly, that the King, by reserving to himself the power of nom 
 inating and appointing a Governor, hath divested himself of the 
 right of instructing him. If this had been the case, why did the 
 Assembly, in 1 692, thankfully receive Sir William Phips commis 
 sion, which was published at the same time with the charter, and 
 which expressly required him to execute his trust, according to 
 such powers and instructions, as he should receive, pursuant to 
 the charter and to the established laws ? Why has every Assem 
 bly since, until the Assembly of the last year, submitted, without 
 any exception, to commissions of the same tenor ? In the contro 
 versy with Governor Burnet, in 1728, the Assembly would not 
 admit that his instructions should bind them, but they never pre 
 tended that they did not bind him. 
 
 Your observation, that, by the charter, the Governor is to convene 
 the Court, from time to time, according to his discretion, or as he 
 shall judge necessary, and, therefore, that the King s instruction 
 ought not to control him, does not distinguish this case, because 
 every power, where there is no special limitation, is to be exercised 
 according to discretion, or as shall be judged necessary. I must 
 further observe to you, that before the date of your charter, Gov 
 ernors in the plantations, were required to execute their trusts 
 pursuant to the instructions they received from the Crown. 
 When the Crown, by charter, reserves to itself the power of ap 
 pointing a Governor, this reserve must be understood to mean a 
 Governor under the like restrictions with other the King s Gover 
 nors, unless there be further words to signify the contrary. I 
 know of no such words in the charter. 
 
 His Majesty expects from me, on the one hand, that I make no 
 invasion upon any of your rights 5 but, then, on the other hand, he- 
 enjoins me to give up no part of his prerogative. I know that the 
 messages and resolves of the House the last year, which asserted, 
 that the Governor is not held to the observance of this instruction, 
 were very displeasing to the King : I am, therefore, tinder an ad 
 ditional obligation to bear my testimony against the like assertion- 
 
312 MASSACHUSETTS STATE PAPERS. 
 
 I would not, however, have labored to explain points, so clear in 
 themselves, if I was not apprehensive, that your constituents are 
 liable to be prejudiced in favor of the proceedings of their Repre 
 sentatives, and that there is danger, if I had been silen^t, that this 
 instrument would retard that quiet and contentment which, I 
 doubt not, the gentlemen of the House, in general, who voted for 
 it^wish to see fully restored. 
 
 QUhall only observe upon your message presented me this day, 
 in answer to my message to you of yesterday, that whatever may 
 the rights of the General Assembly, in matters of taxation, the 
 Crown hath certainly reserved to itself the prerogative of disal 
 lowing every law of what nature soever ; and as the disallowance 
 of a tax act, after it is in part executed, would cause great per 
 plexity, I think that his Majesty s instruction pointing out to you, 
 through me, his servant, those parts of your tax acts which he dis 
 approves of, should be considered as an instance of his tenderness 
 and paternal regard to his subjects, and that it is not liable to the 
 least exceptiojjf I shall transmit my messages, and this, your ex 
 traordinary answer, to be laid before his Majesty. 
 
 Gentlemen of the Council, and 
 
 p"- Gentlemen of the House of Representatives, 
 
 I have given my consent to the bills and votes which have passed 
 the two Houses this session, as far as I could, consistent with my 
 duty to the King, and with the interest of the province. 
 
 Upon mature consideration of the grants made to William Bol-. 
 Ian, Esq. and to the executors of Dennys De Berdt, Esq. by the 
 last Assembly, I refused my consent. I cannot yet see reason to 
 alter my sentiments ; and the objections to my signing the grants, 
 made this session, to the same persons, to which your message of 
 
 V this forenoon refers, are rather increased than lessened. 
 
 - T. HUTCHINSON, 
 
 LETTER 
 
 FROM ARTHUR LEE, ESQ.* TO THE SPEAKER OF THE HOUSE OF REPRESEN 
 TATIVES, DATED LONDON, SEPTEMBER 22, 1771. 
 
 Sir, 
 
 IN obedience to the order of the House of Representatives, 
 which you did me the honor of conveying to me, the 23d Novem 
 ber, 1770, 1 have inquired at Dr. Franklin s lodgings, he himself 
 being absent, for despatches from you ; but I have found none. It 
 
 *Mr. Lee was of Virginia, and he was intimate with Dr. Franklin, then agent for the pro 
 vince in England. He was a zealous advocate for the rights of the colonies, and strenuously 
 opposed the arbitary measures of the British Ministry at that period. 
 
MASSACHUSETTS STATE PAPERS. 313 
 
 shall continue to be my care to attend to the business of the pro 
 vince, till the Doctor s return. 
 
 It is now the dead time of the year, and nothing is passing worthy 
 your attention. Parliament, without some unexpected emergency, 
 will not meet till after Christmas. 
 
 The Commissary of Virginia is now here, with a view of pro 
 secuting the scheme of an American Episcopate. He is an artful, 
 though not an able man. You will consider, sir, in your wisdom, 
 whether any measures on your side, may contribute to counteract 
 this dangerous innovation. Regarding it as threatening the sub 
 version both of our civil and religious liberties, it shall meet with 
 all the opposition in my power. 
 
 With very great satisfaction I have learnt, from the late pro 
 ceedings of the House, that you have determined to resist any new 
 invasion of your rights, as well as to remonstrate against those 
 that are already passed. It was such vigilance and perseverance 
 in our illustrious ancestors, that redeemed our constitution when 
 equally invaded ; and, I trust in God, that these virtues in you 
 will be crowned with the same success. 
 
 May the peace of God rest among you, to prosper your councils, 
 and protect the province. 
 
 I have the honor to be your most obliged and faithful servant, 
 
 ARTHUR LEE. 
 
 Na. 3, Essex Court, Middle Temjile. 
 
 SPEECH 
 
 OF THE GOVERNOR TO THE TWO HOUSES, APRIL 8, 1772. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 I HAVE, from time to time, regularly transmitted the applica 
 tions which have been made to me in former sessions, to convene 
 the General Court in the town of Boston, together with the mes 
 sages, resolves, and votes, of every kind, which have passed upon 
 that subject, and they have all been laid before the King. This is 
 all I could do, consistent with my duty ; for, as I have before ob 
 served to you, I prorogued the Court to Cambridge, upon a sig 
 nification of his Majesty s pleasure to that purpose, and I may not 
 remove it to Boston without his Majesty s permission. 
 
 Our most gracious Sovereign is ever ready to afford a favorable 
 attention to such petitions and requests of his subjects, as do not 
 tend to injure the constitution, and are, in other respects, reasona- 
 40 
 
314 MASSACHUSETTS STATE PAPERS, 
 
 ble to be granted ; bind if you had desired me to carry the Court 
 to Boston, because iFis the most convenient place, and the pre 
 rogative of the Crown to instruct the Governor to convene the 
 Court at such place as his Majesty may think proper, had not been 
 denied, I should have obtained leave to meet you at Boston, at 
 this time ; but I shall not be at liberty to do it, whilst this denial 
 is persisted in. If you shall desist from it, and the removal of 
 the Court to Boston, shall, for other reasons, be judged expedient, 
 I have authority to acquaint you, that his Majesty will allow me 
 to comply with your wishes^ 
 
 I have received, in the recess of the Court, a letter from his 
 Excellency William Tryon, Esq. Governor of his Majesty s pro 
 vince of New York, proposing, with great candor, measures for 
 the settlement of the boundary line between the two provinces. 
 The Secretary will lay a copy of this letter before you. I recom 
 mend the subject of it to your consideration, and shall be willing 
 to contribute every thing in my power, to finish this long subsist 
 ing controversy. 
 
 Gentlemen of the House of Representatives, 
 
 Upon inquiry into the state of the treasury, I find there are sur- 
 plusses of funds which have been established for the payment of 
 sums borrowed for the charges of government in past years, and 
 these, together with other unappropriated stocks, are more than 
 equal to the sum which is necessary to satisfy the present demands 
 upon the treasury, and to provide for the service of the advancing 
 year. 
 
 The Treasurer will lay before you the state of the treasury, and 
 an estimate of the sums requisite for its supply. It is with you. 
 to originate such a bill as you shall judge proper. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 Much time is usually spent bv the General Court in considering 
 petitions for new trials at law, for leave to sell the real estates ol 
 persons deceased, by their executors, or administrators, and the 
 real estates of minors, by their guardians. All such private busi 
 ness is properly cognizable by the established judicatories. If it 
 be necessary that further powers should be given to such judica 
 tories, or that new courts should be erected, I am willing to con 
 sent to any good and wholesome law, or laws, for those purposes. 
 A legislative body, consisting of three distinct parts, the consent 
 of each of which, is necessary to every valid act, is extremely im 
 proper for such decisions. The polity of the English government 
 seldom admits of the exercise of this executive and judiciary power 
 by the Legislature, and I know of nothing special in the govern 
 ment of this province, to give countenance to it 
 
MASSACHUSETTS STATE PAPERS. 315 
 
 There shall be no delay on ray part, in the business of the ses 
 sion, and I will lay nothing unnecessary before you. 
 
 T. HUTCHINSON. 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR S 
 SPEECH, APRIL 10, 1772. 
 
 May it please your Excellency, 
 
 THE House of Representatives have duly considered your 
 speech to both Houses, at the opening of this session. Your Ex 
 cellency is pleased to acquaint us, that, " if we had desired you to 
 carry the Court to Boston, because it is the most convenient place ; 
 and the prerogative of the Crown to instruct the Governor to con 
 vene the Court at such place as his Majesty may think proper, had 
 not been denied ; you should have obtained leave to meet us in 
 Boston, at this time ; but that you shall not be at liberty to do so, 
 whilst this denial is persisted in." 
 
 We have maturely considered this point ; and are still firmly in 
 opinion, that such instruction is repugnant to the royal charter, 
 wherein the Governor is vested with the full power of adjourn 
 ment, proroguing and dissolving the General Assembly, as he shall 
 judge necessary. Nothing in the charter, appears to us to afford 
 the least grounds to conclude, that a right is reserved to his Ma 
 jesty of controling the Governor, in thus exercising this full power. 
 Nor indeed does it seem reasonable that there should ; for, it be 
 ing impossible that any one, at the distance of three thousand miles, 
 should be able to foresee the most convenient time or place of hold 
 ing the Assembly, it is necessary that such discretionary power 
 should be lodged with the Governor, who is, by charter, constantly 
 to reside within the province. v_w 
 
 We are still earnestly desirous of the removal of this Assembly! 
 to the Court House, in Boston ; and we are sorry that your Ex- * ) 5 "U 
 rellency s determination thereon, depends upon our disavowing 
 these principles ; because we cannot do it consistently with the 
 duty we owe our constituents. We are constrained to be explicit 
 at this time ; for if we should be silent, after your Excellency has 
 recommended it to us, as a necessary preliminary, to desist from 
 saying any thing upon this head, while we requestyour Excellency 
 for a removal of the Assembly, for reasons of convenience only, 
 it might be construed as tacitly conceding to a doctrine injurious to 
 the constitution, and in effect, as rescinding our own record, of| 
 which we still deliberately approve. 
 
316 MASSACHUSETTS STATE PAPERS. 
 
 The power of adjourning and proroguing the General Assembly, 
 is a power in trust, to be exercised for the good of the province ; 
 this House have a right to judge for themselves, whether it was 
 thus exercised. We cannot avoid taking this occasion, freely to 
 declare to your Excellency, that the holding of the Assembly in 
 this place, without any good reason which we can conceive of, un 
 der the many and great inconveniences which this,, and former 
 Houses, have so fully set forth to your Excellency, is, in our opinion, 
 an undue exercise of power ; and a very great grievance, which 
 we still hope will soon be fully redressed. 
 
 Your Excellency may be assured, that this House will, with all 
 convenient despatch, take into our most serious consideration, that 
 part of your speech which concerns the establishment of a parti 
 tion line between this province and the province of New York ; 
 and that we will, with great candor, contribute every thing in. our 
 power, to accomplish the. same equitable terms. 
 
 The other parts of your Excellency s speech, have had the pro 
 per attention of the House ; and we are determined, during the 
 remainder of the session, which must be short, to consult his Ma 
 jesty s real service the true interest of the province. 
 
 [The Speaker, (Mr. Cushing,) Mr. S. Adams, Mr. Hobson, Capt 
 Heath, Maj. Foster, Mr. Ingersol, and Mr. Denny, were the com 
 mittee.] 
 
 SPEECH 
 
 QF THE GOVERNOR TO BOTH HOUSES, APRIL 25, 1772, 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 I THANK you for the despatch which you have given to the 
 public business, and for that harmony, which has generally prevailed 
 in the course of the present session. 
 
 I am sorry that there is any material point remaining, in which 
 the several branches of the Legislature cannot yet agree. The 
 opinion of the House of Representatives, declared in their message 
 to me, that the removal of the Assembly from Boston, by force of 
 an instruction from his Majestj, is an undue exercise of power, 
 and a great grievance, differs widely from my own opinion on the 
 prerogatives reserved by the Crown, and the duty required of the 
 Governor, by the constitution. 
 
 In support of my opinion, I will lay before you, what appears to 
 be the true spirit of the charter. I am not contending for victory. 
 
MASSACHUSETTS STATE PAPERS. 317 
 
 but I wish to satisfy you, that there is no room to suggest, that the 
 King has been the cause of grievance to his subjects, by giving an 
 instruction to the Governor, which, by the constitution, his Majesty 
 had no authority to give. I am likewise desirous that my own con 
 duct should appearm a favorable light to you, and to the good 
 people of the province. 
 
 It may be proper then, to observe, that the first charter to the 
 Massachusetts colony having been vacated, our ancestors, sensi 
 ble of the necessity of some form of government, constitutionally 
 derived from regal authority, humbly solicited the restoration of 
 their charter, with such additional powers, as the Crown should 
 think proper to grant ; and thereupon, to use the words of the 
 House of Representatives, in the year 1728, "their late Majesties 
 King William and Queen Mary, of glorious memory, were gra 
 ciously pleased to gratify the inhabitants here, and did grant to 
 them certain powers, privileges, and franchises, to be used and 
 employed for the benefit of the people; and, in the same grant, 
 reserved other powers to be used and exercised by the Crown, or 
 the Governors sent by it, agreeable to the directions and instruc 
 tions contained in said grant, and their commissions, having refer 
 ence for their better guidance and directions, to the several powers 
 and authorities mentioned in the said charter." 
 
 It is further observable, that, by the first charter, the Crown had 
 constituted a corporation in England, empowered to appoint, under 
 its direction and instructions, Governors, and other officers, in the 
 colony. By this second charter, the Crown reserves to itself the 
 power of appointing and commissioning a Governor, and Lieu 
 tenant, or Deputy Governor. By their commissions, they were 
 authorized to administer government, according to such instruc 
 tions as should be given by the Crown, in pursuance of the char 
 ter, and of such reasonable laws as should be in force. Now, 
 although I cannot conceive of this transaction, as properly speak 
 ing, a treaty or compact, yet, it may be proper to observe, that, 
 after the charter and commissions had been made public, and 
 matter of record in the province, the Governor and Council, with 
 the Representatives of the people, not only acquiesced in, and 
 acted by virtue of, powers and authorities thus derived, and thus 
 limited by instructions, but by a law, or order, they required to be 
 observed throughout the province, a day of solemn thanksgiving to 
 Almighty God, for the distinguishing marks of royal favor in this 
 settlement of government. 
 
 This has been the tenor of the commissions to all succeeding 
 Governors ever since, and their instructions have been, from time 
 to time, as there has been occasion for it, communicated to the 
 Council and to the House of Representatives, sometimes at their 
 request, and have been entered in their minutes and journals, and 
 I never heard that the King s authority to give such instructions, 
 was ever called in question, until within these two years. In- 
 
318 MASSACHUSETTS STATE PAPERS. 
 
 structions from the Crown have been, in fact, part of our consti 
 tution for fourscore years together. 
 
 I will now endeavor to shew that there has not been any excep 
 tion taken to his Majesty s instruction, to remove the Assembly 
 from the town of Boston, which will not equally avail against in 
 structions in general, or in any other particular case whatsoever. 
 
 It has been said, that the Crown has parted with its prerogative 
 of determining the time and place of convening the Assembly, and 
 given it to the Governor, to be used as he shall judge necessary; 
 therefore, an instruction which controls the Governor s discre 
 tion, the exercise of this power cannot be said to be an instruction 
 in pursuance of the charter, and agreeable to the constitution. 
 
 I must observe to you, that all the powers which are given, by 
 the charter, to the Governors, without the words, as he shall judge 
 necessary, are as ample as those which are given with them, for 
 the Governor is to exercise the general powers given him, accord 
 ing to his best discretion, which is, in other words, as he shall 
 judge necessary. But, if you will attend to the charter, you will 
 find a peculiar propriety in the use of the words, in that para 
 graph, for another purpose. The Governor is required to convene 
 the Assembly, the last Wednesday in May, in every year, for the 
 election of Counsellors, and this he must do, whether he judges it 
 necessary or not ; but then, he is empowered to adjourn, prorogue, 
 and dissolve it, from time to time, as he shall judge necessary ; 
 which words are used merely to denote, that he is not confined to 
 any other time of convening the Court, except the last Wednesday 
 in May. What pretence then, can there be, to distinguish this 
 from any other power, or what exercise of power can there be, 
 pursuant to the charter, by force of an instruction, if this is not? 
 If it be said, that, in other instances also, of power given to the 
 Governor to use, according to his discretion, the King has parted 
 with his prerogative, the reserve made by the Crown, to give in 
 structions to the Governor, can, in no case whatsoever, have any 
 effect. The fallacy of the whole argument, will appear from this 
 distinction. Where the charter gives any privilege to the people, 
 as in the case just mentioned, of an Assembly to be held every 
 last Wednesday in May, and the like, in such cases, an instruc 
 tion to restrain the Governor, may be said to be repugnant to the 
 charter. Where it gives power to the Governor, to be used ac 
 cording to discretion, or, as he shall judge necessary, there an in 
 struction to direct or guide, in the exercise of such power, is not 
 repugnant, but pursuant to the charter. And there is no contra 
 diction in it, for the Governor may very well be supposed to have 
 general power of acting according to his own discretion, and, 
 nevertheless, be subject in special instances, or on special occa 
 sion^ to the control of royal wisdom or discretion. 
 VjEthas been further urged, as an objection to this particular in 
 struction, that the King, at the distance of three thousand miles, 
 
MASSACHUSETTS STATE PAPERS. 319 
 
 eannot foresee the proper time and place for convening the Gene 
 ral Assembly. It is enough, for my present purpose, to observe, 
 that his Majesty may have so full a knowledge of the state and 
 circumstances of a particular town or place, as to be able to deter 
 mine that it is not proper to convene the Assembly there. Upon 
 such knowledge, I doubt not, this instruction was founded, and I 
 have no reason to expect that any other instruction will ever be 
 given, which cannot be as well justified^] 
 
 There has been one more objection made to this exercise of the 
 prerogative, viz. : That it is a power in trust, to be exercised for 
 the good of the province, and the House of Representatives have 
 a right to judge for themselves, whether it is thus exercised. If 
 nothing more is intended, than, that the House of Representatives 
 have a right to judge of the exercise of that, or any other part of 
 the prerogative, and when they have any cause of complaint, to 
 seek redress by representations to his Majesty, or in any consti 
 tutional way, I do not know that any body will deny it, but 
 then, I know not to what purpose it is adduced. If it be intend 
 ed, that, when the Governor, by his Majesty s order, convenes the 
 Assembly at a time or place, which appears to them to be incon 
 venient or improper, they have, therefore, a right to refuse to 
 appear, or refuse to proceed upon business, or that they have a 
 right to continue to ,sit after the Governor has prorogued, or dis 
 solved the Assembly, in their judgment, unreasonably or unneces 
 sarily, will not this imply a contradiction ? Is it not allowing a 
 full power to do a thing, and, at the same time, admitting a power 
 to defeat it, and prevent the full power from having any effect ? 
 
 Thus, I think I have obviated all the objections which have been 
 made to this instruction, in particular. I have already observed 
 to you, that instructions, in general, are supported by your char 
 ter ; I must now add, that, had no such express provision been 
 made, they would have been unexceptionable and constitutional. 
 The King is the head of the government, not only in the realm, 
 but in the plantations. Local distance will not admit of the ex 
 ercise of the royal authority in the plantations, by the King in 
 person. This authority remains, notwithstanding, arid, although 
 it must be exercised by a substitute, yet, as much as may be of 
 the royal guidance and influence, is to be preserved and maintain 
 ed. This must be done by instructions for the general conduct of 
 the Governor, and upon special occasions, as extraordinary un 
 foreseen events may make them necessary. 
 
 But what benefit can we propose, if it should be admitted, that 
 the Governor is not liable to be controled by instructions r The 
 reserve in the royal commission is not made to deprive the people- 
 of any privilege, but to restrain the Governor from using, tp tlieii 
 oppression or hurt, or to the diminution of the just prerogative of 
 the Crown, that power and authority with which he is entrusted. 
 Shall we be more safe with a Governor, left altogether to his own 
 
320 MASSACHUSETTS STATE PAPERS. 
 
 discretion, than with one who is under the control and guidance 
 of our Sovereign ? The House of Representatives, to which 1 
 have before referred you, thought not. In a message to the Gov 
 ernor, in the reign of his Majesty s royal grandfather, they very 
 properly observe, " it is not reasonable we should confide in any 
 Governor whatsoever, so much as in our gracious King, the com 
 mon father of all his people, who is known to delight in nothing 
 so much, as in their happiness ; and whose interest and glory, and 
 that of his royal progeny, are inseparable from the prosperity 
 and welfare of his people ; whereas, neither the prosperity nor 
 adversity of a people, affect a Governor s interest, when he has once 
 left them." 
 
 We have abundant reason, to adopt the same language and sen 
 timent in the reign of his present Majesty, who has nothing more 
 at heart, than the happiness and prosperity of his subjects, in all 
 parts of his dominions. 
 
 In conformity to the charter, which limits the time of your con 
 tinuance, 1 am now obliged to dissolve an Assembly, which has 
 discovered a very good disposition to such measures as tend to 
 promote the prosperity of the province. I have great reason to 
 believe, the people of the province in general, are in the same dis 
 position, and that I shall meet a new Assembly, as well inclined 
 to the like measures. T. HUTCHINSON. 
 
 SPEECH 
 
 OF THE GOVERNOR TO THE TWO HOUSES, MAY 28, 1772. 
 
 Gentlemen of the Council, and* 
 
 Gentlemen of the House of Representatives, 
 
 IN conformity to the powers and privileges granted by the 
 royal charter, you have been convened at this place, in order to 
 the election of Counsellors for the ensuing year; and this busi 
 ness being finished, you have now an opportunity of proceeding to 
 the consideration of such other public aftairs as may properly come 
 before you. In every measure, as far as shall consist with my duty 
 to the King, and with the welfare and prosperity of the province. 
 I will cheerfully concur with you. 
 
 I have nothing in special command from his Majesty, to lay be 
 fore you. Most of you are so well acquainted with the usual bu 
 siness of the General Assembly, at this annual session, that I need 
 not particularly point it out to you. 
 
 I transmitted, by the first opportunity, to his Excellency the 
 
MASSACHUSETTS STATE PAPERS. 321 
 
 Governor of New York, a copy of the act of the last Assembly, 
 appointing commissaries, in order to the settlement of the line be 
 tween the two provinces. I doubt not I shall soon receive an an 
 swer, and be able to communicate it to you. In the course of the 
 session I shall probably propose to you, by message, the consider 
 ation of some other public matters, for which, at present, I am not 
 fully prepared. T. HUTCHINSON. 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
 
 MAY 29, 1772. 
 
 May it please your Excellency r , 
 
 THE House of Representatives have deliberately considered 
 your speech at the opening of this session. Your Excellency is 
 pleased to say, that, " in conformity to the powers and privileges 
 granted by the royal charter, we have been convened at this place, 
 in order to the election of Counsellors for the ensuing year." It |f\? * 
 is a charter right, that a General Assembly shall be convened on 
 the last Wednesday in May, annually, for the choice of Counsel 
 lors ; but the convening and holding the General Assembly at 
 Harvard College, in Cambridge, is a measure very grievous to us ; 
 and it requires the greatest degree of candor, to suppose it to be 
 for the good of the people, which is the sole end for which the 
 powers vested in you, by the charter, were granted. 
 
 The Town House, in Boston, is the accustomed ancient place 
 for holding the General Assembly, and where alone provision is 
 made for it. It does not appear to us, that there was any necessity 
 for convening the Assembly in this place, nor can we conceive of any 
 for continuing it here. Without such necessity, the continuing 
 the Assembly in any other place than the Town House, in Boston, 
 will be a very great grievance, and an undue exercise of your 
 power. And, as we cannot, without the greatest inconvenience, 
 proceed to the consideration of the public business in this place, 
 which is very pressing, and greatly in arrears, by reason of the 
 prorogations the last year, we are constrained to lay before your 
 Excellency, our earnest request, that you would be pleased to re 
 move the Assembly, to the Town House, in Boston, where we 
 may, with the greatest advantage and despatch, transact all such 
 public matters as are now before us, together with such others, as 
 your Excellency shall propose for our consideration. 
 41 
 
MASSACHUSETTS STATE PAPERS. 
 
 MESSAGE 
 
 . 
 
 FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE OF 
 REPRESENTATIVES, MAY 30, 1772. 
 
 Gentlemen of the House of Representatives, 
 
 I AGREE with you that the powers vested in me, by charter, 
 are to be exercised for the good of the people, and I have made 
 this the great object of my administration. I wish to avoid every 
 thing which shall appear to you to be grievous ; and, although I 
 cannot agree with you, that, unless there be a necessity of holding 
 the Court in some other place than the town of Boston, it must, 
 therefore, be a grievance to remove it from thence ; yet, I will take 
 the subject matter of your message into consideration, and if it 
 shall not appear to me necessary for his Majesty s service, and 
 the good of the province, to continue the Court in some other 
 place than the town of Boston, I will comply with your desire and 
 remove it there. If it shall appear to me necessary to continue it 
 in some other place, although, by the constitution, I am made the 
 judge of that necessity, yet, I will endeavor by another message, 
 to convince you of it, that you may proceed in your business, with 
 the greater satisfaction. T. HUTCHINSON. 
 
 MESSAGE 
 
 EROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE OF 
 REPRESENTATIVES, JUNE 3, 1772* 
 
 Gentlemen of the House of Representatives, 
 
 As I wish to have a just understanding of every expression in 
 any message which comes to me from the House of Representatives, 
 .. I must desire you, to acquaint me, whether, when you say in your 
 
 \) &r message of the 29th May, that it does not appear to you there was 
 
 W^ x^ny necessity of convening the Assembly at Cambridge, you intend 
 \ ^my convening it there when I first removed it from Boston, or my 
 convening it there the present year. As soon as I am ascertained 
 of this, I shall be ready to give you a full answer to your mes 
 sage, T. HUTCHINSON. 
 
MASSACHUSETTS STATE PAPERS. 323 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
 
 JUNE 3, 1772. 
 
 May it please your Excellency, 
 
 IN answer to your message of this day, this House beg leave 
 to say, that they judge the intention of the expression, particularly 
 referred to by your Excellency, as well as of all other expressions 
 in their message of the 29th of May, to be sufficiently clear and 
 plain, and, therefore, it is altogether needless to make any expla 
 nation of them 5 and hope your Excellency will not delay to give 
 a full answer to that message. 
 
 MESSAGE 
 
 FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE OF 
 REPRESENTATIVES, JUNE 3, 1772. 
 
 Gentlemen of the House of Representatives, 
 
 I MUST govern myself by the measure, not of your understand 
 ing, but my own. What appears to you to be sufficiently plain, 
 appears to me to be doubtful and equivocal. As it may be con 
 strued one way or the other, so in complying with your desire, 
 founded upon this, among other reasons, 1 should, or should not, 
 conform to the instructions of the King, whose servant I am. As 
 reserved as you have been in your message to me, I will be unre 
 served and open with you. Whilst you dispute the authority by 
 which I removed the Court from Boston, I do not intend to carry 
 it thither again ; and whensoever I shall receive his Majesty s 
 instructions for exercising the just prerogative of the Crown, in 
 any case, I will observe them without violation in any degree 5 and 
 when your intention in any message appears to me uncertain, and 
 you refuse to make it certain, I think it will be a sufficient justifi- 
 cation for my refusal to do any thing in consequence of such mes 
 sage, so long as the uncertainty remains. 
 
 T. HUTCHINSON, 
 
MASSACHUSETTS STATE I APERS. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE ftOVERNOR, 
 
 JUNE 6, 1772. 
 
 May it please your Excellency r , 
 
 , THE House of Representatives beg leave to acquaint your 
 1 Excellency, that a motion was made on the first Friday of this 
 session, to assign a time fqr the consideration of a suitable grant 
 for the support of his Majesty s Governor of the province. But, it 
 being suggested to the House, that yourExcellency was not pleased, 
 the last year, to give your consent to a bill, which passed both 
 Houses of Assembly, in their first session, for granting the sum of 
 thirteen hundred pounds for the support of your Excellency, the 
 House thought proper to direct the attendance of the Secretary, to 
 give information touching this matter, who, expressly said, that 
 your Excellency did not give your consent to said bill. 
 
 This House is wholly at a loss to account for that measure, un 
 less provision is made for the support of your Excellency, other 
 wise than by the grants and acts of the General Assembly of the 
 province. 
 
 By the royal charter, it is incumbent upon the General Assem 
 bly to make adequate provision for the support of his Majesty s 
 government of this province, and every act for the making such 
 provision, is to be originated by the House of Representatives. 
 
 The support of his Majesty s Governor of the province, is an 
 important part of the support of his Majesty s government here. 
 
 If provision is made for the support of your Excellency, other 
 wise than by the grants and acts of the General Assembly, it is 
 absolutely requisite that this House should be acquainted with it. 
 They, therefore, pray, that your Excellency would be pleased to 
 inform them, whether provision is made for the support of your 
 Excellency, as Governor of this province, in any way and manner, 
 other than has been heretofore used and practised, to wit, by the 
 grants and acts of the General Assembly ; and, if it is so, in what 
 /way and manner that provision is made. 
 
 MESSAGE , 
 
 FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE OF 
 REPRESENTATIVES, JUNE 13, 1772. 
 
 Gentlemen of the House of Representatives, 
 
 BY inspecting the journal of the proceedings of the House oi 
 Representatives, in April, 1771, you will find, that, in answer to 
 
MASSACHUSETTS STATE PAPERS. 325 
 
 a message from the House, I then observed, that his Majesty has 
 been enabled, by an act of Parliament, to make a certain and ade 
 quate provision for the support of the civil government in the col 
 onies, as his Majesty shall judge necessary. 
 
 I am now able to acquaint you, that his Majesty has been gra 
 ciously pleased to make provision for my support, in the station, 
 in which he has thought fit to place me ; and, as this is judged to 
 be an adequate support, I must conclude it cannot be his Majes 
 ty s pleasure, that, without his special permission, which has not 
 yet been signified to me, 1 should accept of any grant from the 
 province, in consideration of the ordinary government services 
 done, or to be done, by me. T. HUTCHINSON. 
 
 [The General Court wasjhen adjourned to\goston,Jto meet on 
 the ^ 
 
 MESSAGE 
 
 FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 JULY ID, 1772. 
 
 Gentlemen of the House of Representatives, 
 
 I AM informed, that, in consequence of my answer to your 
 message of the 6th of June, you have passed certain votes, or re 
 solves, which you have ordered to be entered upon your journals. 
 It may be of importance to his Majesty s service, that I should 
 have as early knowledge, as may be, of the proceedings of the 
 House of Representatives, especially in matters of this nature, I 
 must desire you to direct, that I be furnished with an attested 
 copy of such votes or resolves, from your journals, if any such 
 have been ordered to be entered there. T. HUTCHINSON. 
 
 REPORT AND RESOLUTIONS 
 
 ADOPTED BY THE HOUSE OF REPRESENTATIVES, JULY 10, 1772.* 
 
 THAT the making provision for the support of the Governor \ 
 of the province, independent of the grants and acts. of the General 
 
 * This report was made on the 4tb, but was ordered to lie for a revision. The committee, 
 by whom this report, and the message of same date, were prepared, consisted of the Speaker. 
 Maj. Hawley, Mr. S. Adams, Col. Worthingrton, Mr. Hancock. Col. Williams. Capt. Heath. 
 Col. Warren, and Col. Bowers. 
 
326 MASSACHUSETTS STATE PAPERS. 
 
 Assembly, is, in the opinion of the committee, an infraction upon 
 the rights granted to the inhabitants, by the royal charter, and in 
 derogation of the constitution?} 
 
 The charter of this province, is a most solemn contract, not only 
 between King William and Queen Mary, by whom it was granted, 
 of the one part, and the inhabitants of the province, of the other ; 
 but also between the heirs and successors of their royal Majesties, 
 and the successors of the said inhabitants forever. This appears 
 from the very words and tenor of the charter. 
 
 By the said charter, it is established and ordained, " That there 
 shall be one Governor, to be, from time to time, appointed and 
 commissioned by the King :" and, it is also herein expressly 
 granted, that " the General Assembly shall have full power and 
 authority to impose and levy reasonable rates and taxes for the 
 support of his Majesty s government of the province ;" of which, 
 the support of the Governor is a most material and important 
 part. 
 
 That the great and General Court or Assembly, of this province, 
 is, by the charter, vested with the exclusive right of judging what 
 is an adequate support of his Majesty s government of this pro 
 vince, and of determining in what way and manner, provision for 
 that purpose shall be made, appears not only from the natural and 
 obvious sense and meaning of the words and terms of the char 
 ter, but from the constant and uninterrupted usage and practice 
 upon that charter, for more than eighty years, from the time when 
 it was granted. 
 
 That the support of the Governor is part of the support of the 
 government of the province, not only has been the constant sense 
 of the General Assemblies of this province; but it also appears, 
 from the act of the British Parliament, referred to in his Excel 
 lency s message, and his Majesty s determination therein ; for in 
 the message, his Excellency informs the House, that he had ob 
 served in his answer to a message of a former House, " that his 
 Majesty had been enabled, by an act of Parliament, to make a cer 
 tain and adequate provision for the support of civil government in 
 the colonies." And in this message he declares, that " he is able 
 to acquaint the House, that his Majesty has been graciously pleased 
 to make provision for his support in the station, in which he has 
 thought fit to place him ;" by which, his Excellency cannot be un 
 derstood to intend any other than his station as Governor of this 
 province. And by the connexion of the several parts of the mes 
 sage, it is most plainly to be inferred, that his Excellency would 
 acquaint the House, that his Majesty had made that provision in 
 consequence of, and by the power vested in him, by an act of Par 
 liament, which* enabled him to make provision for the support of 
 the civil government of the colonies. So that, unless it should be 
 supposed that his Majesty himself hath mistaken the true sense of 
 the act, it is evidently the opinion of the British Parliament, that 
 
MASSACHUSETTS STATE PAPERS. 327 
 
 the support of a Governor is part of the support of the government 
 of a colony. -^ 
 
 That the power and authority of providing for the support of { 
 the Governor, should be vested in the General Assembly, is neces 
 sary to preserve the freedom of the constitution. For, if the 
 King, who has the absolute power of appointing and commission 
 ing the Governor, shall also have the power of judging and deter 
 mining what shall be a reasonable and adequate support for him, 
 and of the ways and means of making provision for that purpose, 
 there remains no check at all upon the power, devolved by charter, 
 on the Crown. And a power without a check, is, so far forth, de 
 structive of the freedom of the constitution. 
 
 Moreover, this is a most dangerous innovation, as it affords a 
 precedent for future more extensive evil of the same kind. For, 
 with equal reason, may the Crown take and exercise the power 
 of judging and determining what shall be an adequate support for 
 every other part of civil government, and the ways and means of 
 making provision therefor ; which would take away the freedom 
 of the constitution, and establish arbitrary government within the 
 province. 
 
 Although it may not be affirmed, that the Governor, by being 
 altogether dependent upon the Crown for his support, becomes 
 positively vested with any new powers which were not granted to 
 him by the charter, or that his department in government is en 
 larged, yet, the relation he before stood in to the people, by his de 
 pendence on them, is altered. That check upon the exercise of 
 the powers that are vested in him, by the charter, which was evi 
 dently designed to remain in the General Assembly, is annihilated ; 
 and he may, if he pleases, exercise even his constitutional powers, 
 in such a manner as shall be injurious and oppressive to the peo 
 ple, without restraint. He is, therefore, a Governor, not depend 
 ent upon the people, as the charter prescribes, and, consequently 
 not, in that respect, such a Governor as the people consented to,J 
 at the granting thereof. 
 
 The support of government, and the means of its defence, ought 
 to depend, and, in all free governments, it does depend upon the 
 grants of the people, made by Representatives of their own free 
 election, and the acts of the Legislative. And adequate provis 
 ion is thus made for these purposes, as is judged and determined 
 by the Representatives of the people to be reasonable ; propor 
 tioned to their abilities, and the station and merit of those who are 
 entrusted with the administration. This has been claimed as the 
 undoubted right of the Parliament and people of England, and 
 so adjudged, for many ages past. 
 
 As it is clearly the right of the Legislative of this province, Ihe 
 ^ General Assembly have always made adequate provision for the 
 support of the Governor. The advice, therefore, given to his Ma 
 jesty, to take upon himself the payment of his Governor, must. 
 
328 MASSACHUSETTS STATE PAPERS. 
 
 have been grounded upon false information, or proceeded from a 
 temper inimical to the good people of this province. "Whatever 
 may have been the design of administration, it is a measure, where 
 by, not only the just right of the General Assembly of this province 
 is rescinded, but the highest indignity is thrown upon it 5 as though 
 it was either not disposed to make adequate provision for, or not 
 the competent judges of, the support of the government, upon 
 which the safety and welfare of the people depends. 
 
 For these reasons, the committee beg leave, further to report the 
 following resolutions, for the consideration and acceptance of the 
 House. 
 
 Whereas, in and by the charter of this province, the full power and 
 authority to impose and levy proportionable and reasonable rates 
 and taxes upon the estates and persons of all and every the pro 
 prietors and inhabitants of the province, for his Majesty s service, 
 in the necessary defence and support of his government therein, 
 is vested in the General Assembly ; and the rates and taxes by 
 them imposed and levied for the purposes aforesaid, are to be dis 
 posed of, according to such acts as are, or shall be in force therein : 
 
 And, whereas the support of his Majesty s Governor of the pro 
 vince, is one material and most important part of the support of 
 his Majesty s government therein : 
 
 1. Resolved, That, by virtue of the full power and authority 
 granted by the charter as aforesaid, the General Assembly is the 
 constituted judge of the adequate support ot his Majesty s Gover 
 nor, and the rates and taxes necessary to be imposed and levied 
 for that purpose ; therefore, 
 
 2. Resolved, That the imposing and levying rates and taxes, 
 and making provision for the support of the Governor, otherwise 
 than by the grants and acts of the General Assembly, is an infrac 
 tion upon the charter in a material point, whereby a most impor 
 tant trust is wrested out of the hands of the General Assembly, 
 and it is deprived of a most important part of Legislative power 
 and authority vested therein by the charter, and necessary for the 
 o-ood and welfare of the province, and the support and government 
 thereef. 
 
 5. Resolved, That the General Assembly of this province, hath 
 ever since the charter was granted, from time to time, by their 
 own grants and acts, made suitable and adequate provision for the 
 suppjwt of his Majesty s Governor thereof. 
 
 4.(JResolved, That the Governor s having and receiving his sup 
 port independent of the grants and acts of the General Assembly, 
 is a dangerous innovation, which renders him a Governor not de 
 pendent on the people, as the charter has prescribed, and conse 
 quently, not, in that respect, such a Governor as the people con 
 sented to, at the granting thereof. It destroys that mutual check 
 and dependence, which each branch of the Legislative ought to 
 have upon the others, and the balance of power which is essential 
 
MASSACHUSETTS STATE PAPERS. 329 
 
 to all free governments. And this House do most solemnly pro 
 test, that the innovation is an important change of the constitu 
 tion, and exposes the province to a despotic administration of gov- 
 ernmentT] 
 
 And, tvnereas, the General Assembly hath, from the beginning, 
 made ample provision for the support of his Majesty s Governor : 
 
 5. Resolved, That the advice given to his Majesty, that it was 
 necessary for his Majesty s service, and the good and welfare of 
 this province, that certain and adequate provision should be made 
 for the support of the Governor thereof, otherwise than as has 
 been the invariable practice, by the grants and acts of the Gen 
 eral Assembly, was, in the opinion of this House, either grounded 
 on false information, or it proceeded from a temper inimical, as 
 well to his Majesty, as to the people of this province. 
 
 6. Resolved, That a message go up to his Excellency the Gov 
 ernor, assuring him, that this House is ready to make him the 
 usual annual grant, and other ordinary provision for his support ; 
 provided, his Excellency will accept the same, in full considera 
 tion " of the ordinary services of government done, or to be done, 
 by him ;" and praying his Excellency, that if he is determined in 
 his opinion, that he cannot, " without his Majesty s special per 
 mission, accept of any grant from the province," for his support, as 
 Governor thereof, he would make application to his Majesty, that 
 he would be graciously pleased to give further order, that his Ex 
 cellency may, without restraint, receive his whole support from 
 this government, according to ancient and invariable usage. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR;, 
 JULY 10, 1772. 
 
 May it please your Excellency, 
 
 THE House of Representatives, after the most deliberate con 
 sideration of your message of the 13th June, are of opinion, that 
 the making provision for your Excellency s support in the station, 
 in which his Majesty has been pleased to place you, as Governor of 
 this province, independent of the grants and acts of the General 
 Assembly, and your Excellency s receiving the same, is an infrac 
 tion on the rights granted to the inhabitants of the province, by 
 the royal charter, and in derogation of the freedom of the civil 
 constitution. This House is ready, with cheerfulness, to make 
 the ugual annual grant, and other ordipary provision ; provided 
 42 
 
V\ $i*^ 
 
 tyr\ 
 " 
 
 330 MASSACHUSETTS STATE PAPERS. 
 
 your Excellency will receive the same for your whole support, as 
 Governor of the province. 
 
 Your Excellency has been pleased to signify to the House, your 
 opinion, that you cannot, without his Majesty s special permission, 
 receive any grant from the province, for your support, as Governor. 
 If your Excellency is fully determined in this opinion, we pray 
 you to make application to his Majesty, that he would be graciously 
 pleased to give further orders, whereby you may, without any re 
 straint, receive your support from this government, according to 
 ancient and invariable usage. 
 
 MESSAGE 
 
 FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 JULY 13, 1772, 
 
 Gentlemen of the House of Representatives, 
 
 I THINK it incumbent on me, to put you in mind of the ruin 
 ous state of the Province House, with the yards, out houses, and 
 appendages. I imagine it must cost double the sum to repair it 
 the next year, as will be sufficient at present, and it is most pro- 
 bable, that I shall not be able to keep my family there another 
 winter. It would be most agreeable to my inclination, to reside 
 wholly at my house in the country, and it is for the convenience 
 f tne . inhabitants of the town of Boston, and other persons who 
 occasionally come there, and have public business to transact, that 
 I spend so much of my time in Boston. When the house pro 
 vided for the Governor, is not in a tenantable repair, I think there 
 can be no exception, if I change the place of my residence. 
 
 T. HUTCHINSON. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
 JULY 14, 1772. 
 
 ay *tpl ease y ur Excellency, 
 
 I N answer to your message of yesterday, this House beg leave 
 \ to observe, that they are not unapprized that the Province House 
 **** is ou * of repair, and that expense might be saved, by making such 
 
MASSACHUSETTS STATE PAPERS. 331 
 
 repairs as are necessary, as soon as may be. But, that building 
 was procured for the residence of a Governor, whose whole sup 
 port was to be provided for by the grants and acts of the General 
 Assembly, according to the tenor of the charter ; and, it is the 
 opinion of this House, that it never was expected by any Assem 
 bly of this province, that it would be appropriated for the resi 
 dence of any Governor, for whose support, adequate provision 
 should be made in another way. Upon this consideration, we can- 
 to make any repairs, atTKisTtinie. 
 
 Your Excellency may e assured, that this House is far from be 
 ing influenced by any personal disrespect. Should the time come, 
 which we hope for, when your Excellency shall think yourself at 
 liberty to accept of your whole support from this province, accord 
 ing to ancient and invariable usage, we doubt not, but you will 
 then find the Representatives of this people ready to provide for 
 your Excellency a house, not barely tenantable, but elegant. In 
 the mean time, as your Excellency receives from his Majesty a 
 certain and adequate support, we cannot have the least appre 
 hensions that you will be so far guided by your own inclination, 
 as that you will make any town in the province the place of your 
 residence, but where it shall be most conducive to his Majesty s 
 service, and the good and welfare of the people. 
 
 [The committee who reported this message, were, Maj. Haw- 
 ley, Mr. Ingersol, Mr. Adams, Mr. Bacon, and Capt. Heath.] 
 
 MESSAGE 
 
 FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 
 JULY 14, 1772. 
 
 Gentlemen of the House of Representatives, 
 
 IN consequence of my message to you, of the 10th instant, you 
 have caused to be laid before me the report of a committee, ac- 
 cepted, and ordered to be entered upon your journals. This re 
 port contains certain resolves or declarations, which, as I conceive, 
 are not well founded, but, on the contrary, tend to alter the con- 
 stitutional dependence of this colony upon the Crown, and upon 
 the Supreme Legislative authority of Great Britain. 
 
 The sum of those resolves or declarations, may be comprized in 
 a few words. You have declared, that the support made for the 
 Governor, by other powers than the legislative authority of this 
 province, is a material infraction upon the charter ; that the Gov 
 ernor is thereby rendered not dependent on the people, as the 
 charter has prescribed, and consequently not, in that respgct, such 
 
/ 
 Ls, 
 
 332 MASSACHUSETTS STATE PAPERS. 
 
 a Governor as the people consented to ; that the mutual check and 
 dependence of the branches of the Legislature is destroyed, and 
 the province exposed to a despotic administration. You have 
 likewise asserted, that the Assemblies, ever since the charter, have 
 made adequate provision for the support of the Governor; that the 
 advice to his Majesty to make provision for this support, proceed 
 ed from false information, or from a temper inimical to his Ma 
 jesty, and to the people of this province, and you have desired me 
 to make application to his Majesty, that I may, without restraint, 
 receive my whole support from this government, according to an 
 cient and invariable usage. 
 
 In support of these declarations, you have first alleged, that the 
 charter is a solemn contract between King William and Queen 
 Mary, and their successors, on the one part, and the inhabitants 
 of this province forever, on the other. If you meant no more by 
 a solemn contract, than what is implied between the Crown as the 
 grantor of certain powers and privileges, and the inhabitants of 
 the colony as the grantees, by which they acquire a right to the 
 use of those powers and privileges, until the charter in whole, or 
 in part, shall be legally vacated, I would take no exception; but 
 when you afterwards allege, that, by virtue of this contract, a 
 power devolved on the Crown, of appointing a Governor, there is 
 too great room to apprehend, that some may suppose this contract 
 to be something of the nature of the pacta conventa, or covenants 
 settled by treaty, between two independent states, which supposi 
 tion would have such a dangerous tendency, that it is necessary 
 for me to define very particularly, the nature of a charter from the 
 Crown, upon the principles of the English constitution, and to re 
 mind you of the particular circumstances which attended the grant 
 of your charter. 
 
 It is a part of the prerogative of the Crown, as well as of the 
 power and authority of Parliament, to constitute corporations or 
 political bodies, and to grant to such bodies a form of government, 
 and powers of making and carrying into execution such laws, as 
 from their local, or other circumstances, may be necessary, the 
 Supreme Legislative authority of the British dominions always re 
 maining entire, notwithstanding. Now, in order to share in the 
 benefit of this authority, our ancestors, by their agents, did not 
 propose a treaty, nor any thing of the nature of the pacta conventa, 
 which 1 have before mentioned, but, as subjects of England, first 
 petitioned to Parliament, that by a legislative act, their vacated 
 charter might be restored, and failing of success, afterwards, to 
 use the words of the present charter, " made their humble appli 
 cation to King William and Queen Mary, that they would be gra 
 ciously pleased to incorporate their subjects in the colony, ajid to 
 grant and confirm to them such powers, privileges, and franchises, 
 as, in their royal wisdom, should be thought most conducing to 
 their interest and service, and to the welfare and happy state of 
 
MASSACHUSETTS STATE PAPERS. 333 
 
 their subjects in New England." The powers thus granted, were, 
 not, as you strangely allege, devolved on the Crown by our an 
 cestors, but passed from the Crown to its subjects. By this char 
 ter, a General Court, or Assembly, is constituted, and among other 
 powers granted to the Assembly, are those of making laws, not 
 repugnant to the laws of England, and imposing rates and taxes 
 for the service of the Crown, in the necessary defence and sup 
 port of the Government. You have taken pains to prove what 
 would not have been denied, that the support of the Governor 
 must be included in the support of the government ; and you say, 
 that, by the grant of full power to raise taxes, you have acquired 
 an exclusive right of supporting the Governor, and, therefore, the 
 support of the Governor by the Crown, must be an infraction upon 
 the charter. Consider, gentlemen, where this argument will carry 
 you. The same clause which empowers the Assembly to tax the 
 people for the support, empowers it also to tax for the defence of 
 government. The defence and support of government are, in 
 their nature, duties, attended with burdens, rather than privileges; 
 the powers given to the Assembly to tax, are in order to compel, 
 to the performance of these duties. Can it be supposed, that this 
 grant of power to compel the people to submit to this burden of 
 taxes, for the defence of the government, should exclude the Crown 
 from affording its aid for this defence, when it shall be necessary. 
 If you are in danger of being attacked by a foreign power, has the 
 Crown deprived itself of the right of ordering a fleet for your de 
 fence, and must the colony be lost to this power, and would you, 
 in that case, refuse thi aid, because you have an exclusive right 
 of defending the government yourselves ? Your charter gives you 
 equal right to this objection in- the case of defence, as in the case 
 of support. 
 
 Should not so heavy a charge against the Crown, as that of mak 
 ing an infraction upon your charter, and wresting out of your 
 hands, powers vested in you, have had something more than this 
 shadow of an argument for its support ? a support so feeble, that 
 I have no need to call to my aid the act of Parliament, which ena 
 bles the Crown to do what has been done, and which, if your 
 claim from the charter had been better founded than it is, would 
 have been sufficient to have rendered it of no effect. 
 
 If you fail of this exclusive right of supporting the Governor, 
 your assertions that the charter prescribes a Governor dependent 
 upon the people, and that you have not, in that respect, such a 
 Governor as the people consented to, is altogether without founda 
 tion. 
 
 You are equally unfortunate in your notions of the mutual check 
 and dependence which each branch of the Legislature ought to 
 have upon the other, as also in the nature of a free government, 
 and of the English constitution. 
 
 The mutual check which each branch of the Legislature ought 
 
334 MASSACHUSETTS STATE PAPERS, 
 
 to have upon the other, consists in the necessity of the concur 
 rence of all the branches, in order to a valid act ; and when any 
 one branch withholds this concurrence, it is properly a check upon 
 the other two. So far as this may be said to be a dependence, I 
 agree with you, but this is not sufficient for your purpose, for the 
 same check will remain in each branch when the salary of the 
 Governor is paid by the Crown, as when it is paid by the province. 
 Now this check does not aftect that freedom and independence in 
 each branch, which is the glory of the English constitution, and 
 which will not admit that any one should be compelled by the 
 others to any act against its judgment. If I should violate this 
 freedom and independence of the Council, or House of Represent 
 atives, I should justly incur his Majesty s displeasure. Is it not 
 reasonable, that the Governor should be entitled to the like share 
 of freedom and independence, in the exercise of his judgment with 
 the other branches ? That independence which cannot consist 
 with a free government, and which the English constitution abhors, 
 and which may properly be termed despotism, is a freedom in 
 those who are vested with executive and judiciary powers, from 
 the restraint of known established laws, and a liberty of acting 
 according to their own will and pleasure. This restraint, in your 
 constitution, will remain the same, whether the Governor receives 
 his salary from the Crown, or from the province. Thus, by con 
 founding the sense and meaning of the words, check and depend 
 ence, you have given a plausible appearance to your argument. 
 This is an artifice which has often been made use of by writers in 
 newspapers, with design to give false notions of government, and 
 to stir up discontent and disorder ; but I am far from attributing 
 any such design to the Members of the House of Representatives 
 ingeneral. 
 
 Qjjt me add, that the English constitution is founded upon these 
 principles of freedom. The King, Lords, and Commons, have this 
 mutual check upon each other ; they are, notwithstanding, alto 
 gether free and independent, and, that this freedom may be pre 
 served entire in the Crown, we find, that ever since the hereditary- 
 revenues have ceased, a revenue, known by the name of the civil 
 list, has been established among the first acts of every reign, not 
 temporary, or from year to year, but during the life or administra 
 tion of the Prince upon the throne. I have reason to think, that 
 if the Governors of this colony may be made equally secure of an 
 adequate provision for their support, the Crown will never inter 
 pose. 
 
 You find the same spirit of freedom run through the several offi 
 ces in the English government. The salaries of such persons as 
 are entrusted with the executive and judiciary powers, do not 
 depend upon grants made by the House of Commons, in proportion 
 to their abilities, station, and merit, as you say it is essential to a 
 free government that they should do, but certain fixed salaries and 
 
MASSACHUSETTS STATE PAPERS. 335 
 
 emoluments are annexed to their offices. Indeed, nothing can be 
 more dissonant than your system from the spirit of the English 
 constitution. 
 
 You have made a forced construction of a clause in your char 
 ter, and have then made a very essential change in your constitu 
 tion^ that it may agree with this construction. 
 
 By your charter, the legislative power consists of three branch 
 es, and the consent of the Governor is expressly declared to be 
 essential to every valid act of government. You say, notwith 
 standing, that he is constitutionally dependent upon the people 
 for his support, and that this dependence is intended as a check. 
 This check must be by withholding his support, when, in some 
 case or other, he shall refuse to act, or act contrary, in your 
 judgment, to the duty of his station. If he gives up his own 
 judgment, and conforms to yours, does not the act in such case 
 cease to be the act of the Governor, and become the act of the 
 House of Representatives, and will it not thus, so far destroy one_ 
 branch of the constitution. 
 
 Let me add further, if a Governor departs from his own judg 
 ment and conscience, is he not highly criminal, and will not the 
 House of Representatives, which compels him to it, be at least 
 equally guilty with him ? 
 
 I am sensible, that when all other exceptions to this representa 
 tion of your constitution are taken away, you will ask what secu 
 rity have we then against the oppression of a Governor ? The 
 answer is obvious. The law and the constitution are your secu 
 rity ; if we depart from them, there is a power superior to him, to 
 which he is accountable for his maladministration. This is all 
 the redress which can consist with the nature of a subordinate 
 government. 
 
 No state of government is perfect ; if we have all that perfection 
 which the state we are in will admit of, we have no reason to com 
 plain. Indeed, we have no reason to fear redress from any op 
 pression. So tender has been our most gracious Sovereign of the, 
 rights of his subjects, that, although I should humbly hope for royal 
 forgiveness in case of inattention to some points, of no great im 
 portance, which might affect the prerogative, yet, I may not expect 
 the forgiveness of any wilful invasion of your liberties. 
 
 If, when you declare that the Assemblies, ever since the charter, 
 have made an adequate provision for the support of the Governor, 
 you intend a provision suitable to the dignity of his station, and 
 not merely such, as in the judgment of the House, the particular 
 merits of the Governor might require, you will not be able to main 
 tain your assertion ; on the contrary, it evidently appears, that in 
 some instances the support of the Governor has been delayed un 
 til he has complied with the measures of the Assembly, and in 
 others, defalcations have been made from it, in order to effect the 
 same purpose, 
 
336 MASSACHUSETTS STATE PAPERS. 
 
 If you had known the provision made for the support of the 
 Governor, to have been, as it probably was, in consequence of the 
 advice of his Majesty s Privy Council, you would not have de 
 clared that such advice was grounded upon false information, or 
 proceeded from a temper inimical to his Majesty, and to the peo 
 ple of this province. 
 
 After thus declaring my opinion of your proceedings, and giv 
 ing you my reasons in support of such opinion, you will not expect 
 that I should make my application to his Majesty, agreeable to one 
 of your resolves, and to your message, by your committee, to al 
 low me to receive my whole support from this government. 
 Your votes or resolves, I must transmit, to be laid before his Ma 
 jesty. 
 
 I have had repeated occasion to make my humble application, 
 that the doings of the House of Representatives may be consider 
 ed in the most favorable light. 
 
 I will do the same upon this occasion. From my personal 
 knowledge of the majority of the Members of the House, who voted 
 for the acceptance of this report, I am well assured that they have 
 not done it from sinister views and purposes, but, that they have 
 been induced to form an erroneous opinion of the rights and 
 powers of the several branches of this Legislature. I wish that 
 this may palliate what it is not in my power to justify or excuse. 
 
 T. HUTCHINSON. 
 
 SPEECH 
 
 OF THE GOVERNOR TO THE TWO HOUSES, JANUARY 6, 1773, 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 I HAVE nothing in special command from his Majesty to lay 
 before you at this time ; 1 have general instructions to recommend 
 to you, at all times, such measures as may tend to promote that 
 peace and order, upon which your own happiness and prosperity, 
 as well as his Majesty s service, very much depend. yThat the 
 government is at present in a disturbed and disordered state, is a 
 truth too evident to be denied. The cause of this disorder, ap 
 pears to me equally evident. I wish I may be able to make it ap 
 pear so to you, for then, I may not doubt that you will agree with 
 me in the proper measures for the removal of it. I have pleased 
 myself, for several years past, with hopes, that the cause would 
 cease of itself, and the effect with it, but I am disappointed^ and 
 I may not any longer, consistent with my duty to tne King, and 
 
MASSACHUSETTS STATE PAPERS. 337 
 
 my regard to the interest of the province, delay communicating 
 my sentiments to you upon a matter of so great importance. I 
 shall be explicit, and treat the subject without reserve. I hope 
 you will receive what I have to say upon it, with candor, and, if 
 you shall not agree in sentiments with me, I promise you, with 
 candor, likewise, to receive and consider what you may offer in 
 answer. 
 
 When our predecessors first took possession of this plantation, 
 or colony, under a grant and charter from the Crown of England, 
 it was their sense, and it was the sense of the kingdom, that they 
 were to remain subject to the supreme authority of Parliament. 
 This appears from the charter itself, and from other irresistible 
 evidence. This supreme authority has, from time to time, been, 
 exercised by Parliament, and submitted to by the colony, and hatk 
 been, in the most express terms, acknowledged by the Legisla 
 ture, and, except about the time of the anarchy and confusion in 
 England, which preceded the restoration of King Charles the 
 Second, I have not discovered that it has been called in question, 
 even by private or particular persons, until within seven or eight 
 years last past. Our provincial or local laws have, in numerous 
 instances, had relation to acts of Parliament, made to respect the 
 plantations in general, and this colony in particular, and in our 
 Executive Courts, both Juries and Judges have, to all intents and 
 purposes, considered such acts as part of our rule of law. Such, 
 a constitution, in a plantation, is not peculiar to England, but 
 agrees with the principles of the most celebrated writers upon the 
 law of nations, that " when a nation takes possession of a distant 
 country, and settles there, that country, though separated from the 
 principal establishment, or mother country, naturally becomes a 
 part of the state, equally with its ancient possessions." 
 
 So much, however, of the spirit of liberty breathes through all 
 parts of the English constitution, that, although from the nature of 
 government, there must be one supreme authority over the whole, 
 yet this constitution will admit of subordinate powers with Legis 
 lative and Executive authority, greater or less, according to local 
 and other circumstances. Thus we see a variety of corporations 
 formed within the kingdom, with powers to make and execute 
 such by-laws as are for their immediate use and benefit, the mem 
 bers of such corporations still remaining subject to the general 
 laws of the kingdom. We see also governments established in the 
 plantations, which, from their separate and remote situation, re 
 quire more general and extensive powers of legislation within them 
 selves, than those formed within the kingdom, but subject, never 
 theless, to all such laws of the kingdom as immediately respect 
 them, or are designed to extend to them ; and, accordingly, we. in 
 this province have, from the first settlement of it. been left to the 
 exercise of our Legislative and Executive powers. Parliament occa- 
 4$ 
 
338 MASSACHUSETTS STATE PAPERS. 
 
 sionally, though rarely, interposing, as in its wisdom has been, 
 judged necessary. 
 
 Under this constitution, for more than one hundred years, the 
 laws both of the supreme and subordinate authority were in gen 
 eral, duly executed ; offenders against them have been brought to 
 condign punishment, peace and order have been maintained, and 
 the people of this province have experienced as largely the ad 
 vantages of government, as, perhaps, any people upon the globe : 
 and they have, from time to time, in the most public manner ex 
 pressed their sense of it, and, once in every year, have offered up 
 their united thanksgivings to God for tfie enjoyment of these 
 privileges, and, as often, their united prayers for the continuance 
 of them. 
 
 M! length the constitution has been called in question, and the 
 authority of the Parliament of Great Britain to make and establish 
 laws for the inhabitants of this province has been, by many, de 
 nied. What was at first whispered with caution, was soon after 
 openly asserted in print ; and, of late, a number of inhabitants, in, 
 several of the principal towns in the province, having assembled to 
 gether in their respective towns, and have assumed the name of 
 \/ legal town meetings, have passed resolves, which they have order 
 ed to be placed upon their town records, and caused to be printed 
 and published in pamphlets and newspapers. I am sorry that it is 
 thus become impossible to conceal, what I could wish had never 
 been made public. I will not particularize these resolves or votes, 
 and shall only observe to you in general, that some of them deny 
 the supreme authority of Parliament, and so are repugnant to the 
 principles of the constitution, and that others speak of this su 
 preme authority, of which the King is a constituent part, and to 
 every act of which his assent is necessary, in such terms as have a 
 direct tendency to alienate the affections of the people from their 
 Sovereign, who has ever been most tender of their rights, and 
 whose person, crown, and dignity, we are under every possible 
 obligation to defend and support. In consequence of these re 
 solves, committees of correspondence are formed in several of 
 those towns, to maintain the principles upon which they are 
 foundeST) 
 
 I know" of no arguments, founded in reason, which will be suffi 
 cient to support these principles, or to justify the measures taken 
 in consequence of them. It has been urged, that the sole power 
 of making laws is granted, by charter, to a Legislature established 
 in the province, consisting of the King, by his Representative the 
 Governor, the Council, and the House or Representatives ; that, 
 by this charter, there are likewise granted, or assured to the inhab 
 itants of the province, all the liberties aud immunities of free and 
 natural subjects, to all intents, constructions and purposes what 
 soever, as if they had been born within the realms of England ; 
 
MASSACHUSETTS STATE PAPERS. 339 
 
 it is part of the liberties of English subjects, which has its 
 dation in nature, to be governed by laws made by their con 
 
 that 
 
 foundation 
 
 sent in person, or by their representative ; that the subjects in 
 
 this province are not, and cannot be represented in the Parliament 
 
 of Great Britain, and, consequently, the acts of that Parliament 
 
 cannot be binding upon them. ^- 
 
 l do not find, gentlemen, in the charter, such an expression as x 
 sole power, or any words which import it. The General Court 
 has, by charter, full power to make such laws, as are not repug 
 nant to the laws of England. A favorable construction has been 
 put upon this clause, when it has been allowed to intend such laws 
 of England only, as arc expressly declared to respect us. Surely 
 then this is, by charter, a reserve of power and authority to Par- 
 1 lament to bind us by such laws, at least, as are made expressly to 
 refer to us, and consequently, is a limitation of the power giyen 
 to the General Court. Nor can it be contended, that, by the limits 
 of free and natural subjects, is to be understood an exemption 
 from acts of Parliament, because not represented there, seeing it 
 is provided by the same charter, that such acts shall be in force ; 
 and if they that make the objection to such acts, will read the 
 charter with attention, they must be convinced that this grant of 
 liberties and immunities is nothing more than a declaration and 
 assurance on the part of the Crown, that the place, to which their 
 predecessors were about to remove, was, and would be considered 
 as part of the dominions of the Crown of England, and, therefore. 
 that the subjects of the Crown so removing, and those born there, 
 or in their passage thither, or in their passage from thence, would 
 not become aliens, but would, throughout all parts of the English 
 dominions, wherever they might happen to be, as well as within 
 the colony, retain the liberties and immunities of free and natural 
 subjects, their removal from, or not being born within the realm 
 notwithstanding. If the plantations be part of the dominions of 
 the Crown, this clause in the charter does not confer or reserve 
 any liberties, but what would have been enjoyed without it, and 
 what the inhabitants of every other colony do enjoy where they 
 are without a charter. If the plantations are not the dominions 
 of the Crown, will not ail that are born here, be considered as born 
 out of the liegearice of the King of England, and. whenever they 
 go into any parts of the dominions, will they not be deemed aliens 
 to all intents and purposes, this grant in the charter notwithstand 
 ing ? 
 
 They who claim exemption from acts of Parliament by virtue of 
 their rights as Englishmen, should consider that it is impossible 
 the rights of English subjects should be the same, in every respect, 
 in all parts of the dominions. It is one of their rights as English 
 subjects, to be governed by laws made by persons, in whose elec 
 tion they have, from, time to time, a voice ; they remove from the 
 kingdom, where, perhaps, they \vere in the full exercise of thh 
 
:\ .-* 
 
 340 MASSACHUSETTS STATE PAPERS. 
 
 right, to the plantations, where it cannot be exercised, or where* 
 the exercise of it would be of no benefit to them. Does it follow 
 that the government, by their removal from one part of the domin 
 ions to another, loses its authority over that part to which they 
 remove, and that they are freed from the subjection they were 
 
 :der before ; or do they expect that government should relin- 
 ish its authority because they cannot enjoy this particular right? 
 ill it not rather be said, that by this, their voluntary removal, 
 sy have relinquished for a time at least, one of the rights of an 
 English subject, which they might, if they pleased, have continued 
 to enjoy, and may again enjoyj_whensoever they will return to the 
 place where it can be exercised*?) 
 
 They who claim exemption, as part of their rights by nature, 
 should consider that every restraint which men are laid under by 
 a state of government, is a privation of part of their natural rights ; 
 and of all the different forms of government which exist, there can. 
 be no two of them in which the departure from natural rights is 
 exactly the same. Even in case of representation by election, do 
 they not give up part of their natural rights when they consent to 
 be represented by such person as shall be chosen by the majority 
 of the electors, although their own voices may be for some other 
 person ? And is it not contrary to their natural rights to be 
 obliged to submit to a representative for seven years, or even one 
 year, after they are dissatisfied with his conduct, although they 
 gave their voices for him when he was elected ? This must, there 
 fore, be considered as an objection against a state of government^ 
 rather than against any particular form. 
 
 If what I have said shall not be sufficient to satisfy such as ob 
 ject to the supreme authority of Parliament over the plantations, 
 there may something further be added to induce them to an ac 
 knowledgment of it, which, I think, will well deserve their con- 
 sideration. I know of no line that can be drawn between the 
 X*^ \ ^ 1 supreme authority of Parliament and the total independence of the 
 
 v ] ^ i -jfcJL colonies: it is impossible there should be two independent Legisla 
 tures in one and the same state ; for, although there may be but one 
 head, the King, yet the two Legislative bodies will make two 
 governments as distinct as the kingdoms of England and Scotland 
 before the union. If we might be suffered to be altogether inde 
 pendent of Great Britain, could we have any claim to the protec 
 tion of that government, of which we are no longer a part ? With 
 out this protection, should we not become the prey of one or the 
 other powers of Europe, such as should first seize upon us ? Is 
 there any thing which we have more reason to dread than inde 
 pendence ? I hope it never will be our misfortune to know, by 
 experience, the difference between the liberties of an English col 
 onist, and those of the Spanish, French, or Dutch. 
 
 If then, the supremacy of Parliament over the whole British do 
 minions shall no longer be denied, it will follow that the mere ex- 
 
 m 
 
MASSACHUSETTS STATE PAPERS. 
 
 crcise of its authority can be no matter of grievance. If it has 
 been, or shall be exercised in such way and manner as shall ap 
 pear to be grievous, still this cannot be sufficient ground for im 
 mediately denying or renouncing the authority, or refusing to sub 
 mit to it. The acts and doings of authority, in the most perfect 
 form of government, will not always be thought just and equitable,, 
 by all the parts of which it consists ; "but it is the greatest absurd 
 ity, to admit the several parts to be at liberty to obey, or disobey, 
 according as the acts of such authority may be approved, or dis 
 approved of by them, for this necessarily works a dissolution of 
 the government. The manner, then, of obtaining redress, must be 
 by representations and endeavors, in such ways and forms, as the 
 established rules of the constitution prescribe or allow, in order to 
 make any matters, alleged to be grievances, appear to be really 
 such ; but, I^ncejyitisj^Ltlier.thLBiere exercise of this authority, 
 which is complained of as a grievance, than any heavy burdens 
 \Iueh have been brought upon the people" by means of it. 
 * As~coritentinent and order were the happy effects of a constitu 
 tion, strengthened by universal assent and approbation, so discon 
 tent and disorder are now the deplorable effects of a constitution, 
 enfeebled by contest and opposition. Besides divisions and ani 
 mosities, which disturb the peace of towns and families, the law in 
 some important cases cannot have its course; offenders ordered, 
 by advice of his Majesty s Council, to be prosecuted, escape with 
 impunity, and are supported and encouraged to go on offending; 
 the authority of government is brought into contempt, and there 
 are but small remains of that subordination, which was once very 
 conspicuous in this colony, and which is essential to a well regu 
 lated state. 
 
 When the bands of government are thus weakened, it certain! y 
 behoves those with whom the powers of government are entrusted, 
 to omit nothing which may tend to strengthen them. 
 
 I have disclosed my sentiments to you without reserve. Let 
 me entreat you to consider them calmly, and not be too sudden in 
 your determination. If my principles of government are right, 
 let us adhere to them. With the same principles, our ancestors 
 were easy and happy for a long course of years together, and I 
 know of no reason to doubt of your being equally easy and happy. 
 The people, influenced by you, will desist from their unconstitu 
 tional principles, and desist from their irregularities, which are 
 the consequence of them ; they will be convinced that every thing 
 which is valuable to them, depend upon their connexion with their 
 parent state ; that this connexion cannot be carried in any other 
 way, than such as will also continue their dependence upon the 
 supreme authority of the British dominions ; and that, notwith 
 standing this dependence, they will enjoy as great a proportion of 
 those, to which they have a claim by nature, or as Englishmen, as 
 can be enjoyed by a plantation or colony. 
 
342 MASSACHUSETTS STATE PAPERS. 
 
 lf I am wrong in my principles of government, or in the infer 
 ences which I have drawn from them, I wish to be convinced of 
 my error. Independence, I may not allow myself to think that 
 you can possibly have in contemplation. If you can conceive of 
 any other constitutional dependence than what I have mentioned, 
 if you are of opinion, that upon any other principles our connexion 
 with the state from which we sprang, can be continued, communi 
 cate your sentiments to me with the same jfcgedom and unreserv 
 ed ness, as I have communicated mine to youT\ 
 
 I have no desire, gentlemen, by any thingl have said, to pre 
 clude you from seeking relief, in a constitutional way, in any 
 cases in which you have heretofore, or may hereafter suppose that 
 you are aggrieved ; and, although I should not concur with you in 
 sentiment, I will, notwithstanding, do nothing to lessen the 
 weight which your representations may deserve. I have laid be 
 fore you what I think are the principles of your constitution ; if 
 you do not agree with me, I wish to know your objections ; they 
 may be convincing to me, or I may be able to satisfy you of the 
 insufficiency of them. In either case, I hope we shall put an end 
 to those irregularities, which ever will be the portion of a govern 
 ment where the supreme authority is controverted, and introduce 
 that tranquillity, which seems to have taken place in most of the 
 colonies upon the continent. 
 
 The ordinary business of the session, I will not now particularly 
 point out to you. To the enacting of any new laws, which may 
 be necessary for the more equal and effectual distribution of jus 
 tice, or for giving further encouragement to our merchandize, 
 fishery, and agriculture, which, through the divine favor, are al 
 ready in a very flourishing state, or for promoting any measures, 
 which may conduce to the general good of the province, I will 
 readily give my assent or concurrence. T. HUTCHINSON. 
 
 ANSWER 
 
 OF THE COUNCIL TO THE SPEECH OF GOVERNOR HUTCHINSON, 
 OF JANUARY 6 JANUARY 25, 1773. 
 
 May it please your Excellency, 
 
 THE Board have considered your Excellency s speech to both 
 Houses, with the attention due to the object of it ; and, we hope, 
 with the candor you were pleased to recommend to them. We 
 thank you for the promise, that, " if we shall not agree with you 
 in sentiment, you will, with candor, likewise receive and consider 
 what we may offer in answer." 
 
MASSACHUSETTS STATE PAPERS. 343 
 
 Your speech informs the two Houses, that this government is at 
 present in a disturbed and disordered state ; that the cause of 
 this disorder is the unconstitutional principles adopted by the peo 
 ple, in questioning the supreme authority of Parliament: and that 
 the proper measure for removing the disorder, must be the substi 
 tuting of contrary principles. 
 
 Our opinion on these heads, as well as on some others, proper 
 to be noticed, will be obvious, in the course of the following ob 
 servations. 
 
 With regard to the present disordered state of the government, 
 it can have no reference to tumults or riots j from which this gov 
 ernment is as free as anyWi^eTpvvTialtever. If your Excellency 
 meant, only, that the province is discontented, and in a state of 
 uneasiness, we should entirely agree with you ; but you will per 
 mit us to say, that we are not so well agreed in the cause of it. 
 The uneasiness, which was a general one, throughout the colonies, 
 began when you inform, the authority of Parliament was first 
 called in question, viz. about seven or eight years ago. Your men 
 tioning that particular time, might have suggested to your Excel 
 lency the true cause of the origin and continuance of that uneasi 
 ness. 
 
 At that time, the stamp act, then lately made, began to operate ; 
 which, with some preceding and succeeding acts of Parliament, 
 subjecting the colonies to taxes, without their consent, was the 
 original cause of all the uneasiness which has happened since ; and 
 has also occasioned an inquiry into the nature and extent of the 
 authority, by which they were made. The late town meetings in 
 several towns, are instances of both. These are mentioned by 
 your Excellency, in proof of a disordered state. But. though we 
 do not approve of some of their resolves, we think they had a 
 clear right to instruct their Representatives i-n any subject they ap 
 prehended to be of sufficient importance to require it ; which ne 
 cessarily implies a previous consideration and expression of their 
 minds on that subject, however mistaken they may be concerning it. 
 
 When a community, great or small, think their rights and privi 
 leges infringed, they will express their uneasiness in a variety of 
 ways; some of which, may be highly improper and criminal. So 
 far as any of an atrocious nature have taken place, we would ex 
 press our abhorrence of them ; and, as we have always done, hith 
 erto, we shall continue to do every thing in our power, to discour 
 age and suppress them. But it is in vain to hope that this can be 
 done effectually, so long as the cause of the uneasiness exists. 
 Your Excellency will perceive that the cause you assign, is, by us, 
 supposed to be an effect, derived from the original cause, above 
 mentioned ; the removal of which, will remove its effects. 
 
 To obtain this removal, we agree with you in the method pointed 
 out in your speech, where you say, "the manner of obtaining re 
 dress must be by representation, and endeavors, in such ways and 
 
* 
 
 \ 
 
 344 MASSACHUSETTS STATE PAPERS. 
 
 forms as the constitution allows, in order to make any matters al 
 leged to be grievances, appear to be really such. 
 
 This method has been pursued repeatedly. Petitions to Parlia 
 ment have gone from the colonies, and from this colony in partic 
 ular ; but without success. Some of them, in a former Ministry.; 
 were previously shewn to the Minister, who, as we have been in 
 formed, advised the Agents to postpone presenting them to the 
 House of Commons, till the first reading of the bill they referred 
 to ; when, being presented, a rul of the House against receiving 
 petitions on money bills, was urged for rejecting them, and they 
 were rejected, accordingly ; and other petitions, for want of for 
 mality, or whatever was the reason, have had the same fate. This 
 we mention, not by way of censure on that honorable House, but in 
 some measure to account for the conduct of those persons, who, 
 despairing of redress, in a constitutional way, have denied the just 
 authority of Parliament ; concerning which, we shall now give 
 our own sentiments, intermixed with observations on those of 
 your Excellency. 
 
 You are pleased to observe, that when our predecessors first 
 took possession of this colony, under a grant and charter from the 
 Crown of England, it was their sense, and the sense of the whole 
 kingdom, that they were to remain subject to the supreme author 
 ity of Parliament ; and to prove that subjection, the greater part 
 of^pur speech is employ ea. 
 
 QR order to a right conception of this matter, it is necessary to 
 guard against any improper idea of the term supreme authority. 
 In your idea of it, your Excellency seems to include unlimited 
 authority ; for, you are pleased to say, that you know of no line 
 which can be drawn between the supreme authority of Parliament, 
 and the real independence of the colonies. But if no such line 
 can be drawn, a denial of that authority, in any instance whatev 
 er, implies and amounts to a declaration of total independence. 
 But if supreme authority, includes unlimited authority, the subjects 
 of it are emphatically slaves 5 and equally so, whether residing in: 
 the colonies, or Great Britain. And, indeed, in this respect, all 
 the nations on earth, among whom government exists in any of its 
 forms, would be alike conditioned, excepting so far as the mere 
 grace and favor of their Governors might make a difference, for 
 From, the nature of government there must be, as your Excellency 
 has observed, one supreme authority over the whole. 
 
 We cannot think, that when our predecessors took possession of 
 this colony, it was their sense, or the sense of the kingdom, that 
 they were to remain subject to the supreme authority of Parlia 
 ment in this idea of it. Nor can we find, that this appears from 
 the charter; or, that such authority has ever been exercised by 
 Parliament, submitted to by the colony,, or acknowledged by the 
 Legislature. 
 
MASSACHUSETTS STATE PAPERS. 345 
 
 Supreme, or unlimited authority, can with fitness, belong only to 
 the Sovereign of the universe ; and that fitness is derived from 
 the perfection of his nature. To such authority, directed by infi 
 nite wisdom and infinite goodness, is due both active and passive 
 obedience ; which, as it constitutes the happiness of rational crea 
 tures, should, with cheerfulness, and from choice, be unlimitedly 
 paid by them. But, this can be said with truth, of no other au 
 thority whatever. If, then, from the nature and end of govern 
 ment, the supreme authority of every government is limited, the 
 supreme authority of Parliament must be limited ; and the inquiry 
 will be, \vJialjLrj^jIiaiij]^^jofJJ^ authority, with regard to this 
 colony? To fix them with precision, to determine the exact lines 
 of right and wrong in this case, as in some others, is difficult ; and 
 we have not the presumption to attempt it. But we humbly hope, 
 that, as we are personally and relatively, in our public and private 
 capacities, for ourselves, for the whole province, and posterity, so 
 deeply interested in this important subject, it will not be deemed 
 arrogance to give some general sentiments upon it, especially as 
 your Excellency s speech has made it absolutely necessary, 
 
 For this purpose, we shall recur to those records which contain 
 the main principles on which the English constitution is founded j 
 and from them make such extracts as are pertinent to the subject.^ 
 
 Magna Charta declares, that no aid thall be imposed in the king 
 dom, unless by the Common Council of the kingdom, except to re 
 deem the King s person, &c. And that all cities, boroughs, towns, 
 and ports, shall have their liberties and free customs ; and shall 
 have the Common Council of the kingdom, concerning the assess 
 ment of their aids, except in the cases aforesaid. 
 
 The statute of the 34th of Edward I. de tallio non concedendo^ 
 declares, , that no tallage or aid should be laid or levied by the King 
 or his heirs, in the realm, without the good will and assent of the 
 Archbishops, Bishops, Earls, Barons. Knights, Burgesses, and oth 
 ers, the freemen of the commonalty of this realm. A statute of 
 the 25th Edward III. enacts, that from thenceforth, no person shall 
 be compelled to make any loans to the King, against his will, be 
 cause such loans were against reason and the franchise of the land. 
 
 The petition of rights in the 3d of Charles I. in which are cited 
 the two foregoing statutes, declares, that, by those statutes, and 
 other good laws and statutes of the realm, his Majesty s subjects 
 inherited this freedom, that they should not be compelled to con 
 tribute to any tax, tallage, aid, or other like charge, not set by 
 common consent of Parliament. 
 
 And the statute of the 1st of William III. for declaring the 
 rights and liberties of the subject, and settling the succession of 
 the Crown, declares, that the levying of money for, or to the use 
 of the Crown, by pretence of prerogative, without grant of Par 
 liament for longer time, or in any other manner than the same is., 
 oi shall be granted, is illegal. 
 44 
 
346 MASSACHUSETTS STATE PAPERS. 
 
 (From these authorities, it appears an essential part of the Eng 
 lisTTconstitution, that no tallage, or aid, or tax, shall be laid or 
 levied without the good will and assent of the freedom of the com 
 monalty of the realm. If this could be done without their assent, 
 their property would be in the highest degree precarious ; or rather 
 they could not, with fitness, be said to have any property at all. 
 At best, they would be only the holders ofit for the use of the 
 Crown, and the Crown be the real proprietor^] This would be vas 
 salage in the extreme, from which v the generous nature of English 
 men have been so abhorrent, that they have bled with freedom in 
 defence of this part of their constitution, which has preserved them 
 from it ; and influenced by the same generosity, they can never 
 view with disapprobation, any lawful measures taken by us for the 
 defence of our own constitution, which entitles us to the same 
 rights and privileges with themselves. These were derived to us 
 from common law, which is the inheritance of all his Majesty s 
 subjects ; have been recognized by acts of Parliament, and con 
 firmed by the province charter, which established its constitution ; 
 and which charter, has been recognized by acts of Parliament also. 
 This act was made in the second year of the reign of his late Majesty 
 George II. for the better preservation of his Majesty s woods in 
 x\merica,in which is recited the clause of the charter, reserving for 
 the use of the royal navy, all trees suitable for masts ; and on this char- 
 ter is grounded the succeeding enacting clause of the act ; and thus 
 is the charter implicitly confirmed by act of Parliament. From all 
 which it appears, that the inhabitants of this colony are clearly en 
 titled to all the rights and privileges of free and natural subjects ; 
 which certainly must include that most essential one, that no aid 
 or taxes be levied on them, without their own consent, signified by 
 their. Representatives. 
 
 ^But, from the clause in the charter, relative to the power granted 
 totne General Court, to make laws not repugnant to the laws of 
 England, your Excellency draws this inference, that surely this 
 is, by charter, a reserve of power and authority to Parliament, to 
 bind us by such laws, at least, as are made to refer to us, and con 
 sequently is a limitation of the power given to the General Court. 
 If it be allowed, that, by that clause there was a reserve of power 
 to Parliament, to bind the province, it was only by such laws as 
 were in being at the time the charter was granted ; for, by the char 
 ter, there is nothing appears to make it refer to any parliamentary 
 laws, that should be afterwards made ; and therefore, it will not 
 support your Excellency s inference. 
 
 The grant of power to the General Court to make laws, runs 
 thus " full power and authority, from time to time, to make and 
 ordain, and establish, all manner of wholesome and reasonable 
 laws, orders, statutes and ordinances, directions and instructions, 
 either with penalties or without, so as the same be not repugnant 
 or contrary to the laws of this our realm of England, as they shall 
 
MASSACHUSETTS STATE PAPERS. 347 
 
 judge to be for the good and welfare of our said province." We \ 
 humbly conceive an inference very different from your Excellen 
 cy s, and a very just one too, may be drawn from this clause, if at 
 tention be given to the description of the orders and laws that were 
 to be made. They were to be wholesome, reasonable, and for the 
 good and welfare of the province 5 and in order that they might be 
 so, it is provided, that they be not repugnant or contrary to the 
 laws of the realm, which were then in being ; by which proviso, all 
 the liberties and immunities of free and natural subjects within the 
 realm, were more effectually secured to the inhabitants of the pro 
 vince, agreeable to another clause in the charter, whereby those 
 liberties and immunities are expressly granted to them ; and ac 
 cordingly, the power of the General Court is so far limited, that 
 they shall not make orders and laws to take away or diminish those 
 liberties and immunities. 
 
 This construction appears to us a just one, and perhaps may ap- /)$i$\ 
 pear so to your Excellency, if you will please to consider, that, by a^vu/wjl 
 another part of the charter, effectual care was taken for preventing J^ 
 the General Assembly passing of orders and laws repugnant to, or 
 that in any way might militate with acts of Parliament then or since 
 made, or that might be exceptionable in any other respect whatev 
 er ; for the charter reserves to his Majesty the appointment of the 
 Governor, whose assent is necessary in the passing of all orders 
 and laws ; after which, they are to be sent to England, for the 
 royal approbation or disallowance 5 by which double control, ef 
 fectual care is taken to prevent the establishment of any improper 
 orders or laws, whatever. Besides, your Excellency is sensible 
 that letters patent must be construed one part with another, and 
 all the parts of them together, so as to make the whole harmonize 
 ;ind agree. But your Excellency s construction of the paragraph 
 empowering the General Court to make orders and laws, does by 
 TIO means harmonize and agree with the paragraph granting liber 
 ties and immunities ; and therefore, we humbly conceive, is not to 
 be admitted : whereas on the other construction, there is a perfect 
 harmony and agreement between them. But supposing your Ex 
 cellency s inference just, that by said former paragraph, consider 
 ed by itself, are reserved to Parliament, power and authority to 
 bind us by laws made expressly to refer us, does it consist with 
 justice and equity, that it should be considered a part, and urged 
 against the people of this province, with all its force, and without 
 limitation ; and at the same time, the other paragraph, which they 
 thought secured to them the essential rights and privileges of free 
 and natural subjects, be rendered of no Validity. 
 
 If the former paragraph (in this supposed case) be binding on 
 this people, the latter must be binding on the Crown, ..which thereby 
 became guarantee of those rights and privileges, or it must be sup 
 posed that one party is held by a compact, and the other not ; 1 
 yhich supposition is against reason and against law; and there* J 
 
348 MASSACHUSETTS STATE PAPERS. 
 
 fore, destroys the foundation of the inference. Supposing it welt 
 founded, however, it \tould not from thence follow, that the char 
 ter intended such laws as should subject the inhabitants of this 
 province to taxes, without their consent; for, (as it appears above) 
 it grants to them all the rights and liberties of free and natural 
 subjects 5 of which, one of the most essential is, a freedom from all 
 taxes not consented to by themselves. Nor could the parties, either 
 grantor or grantees, intend such laws. The royal grantor could 
 not, because his grant contradicts such intention, and because it 
 is inconsistent with every idea of royalty and royal wisdom, to 
 grant what it does not intend to grant. And it will be readily al 
 lowed, that the grantees could not intend such laws ; not only on 
 account of their inconsistency with the grant, but because their 
 acceptance of a charter, subjecting them to such laws, would be 
 voluntary slavery. 
 
 Your Excellency next observes, " that it cannot be contended, 
 that, by the liberties of free and natural subjects, is to be under 
 stood an exemption from acts of Parliament, because not repre 
 sented there, seeing it is provided by the charter, that such acts 
 shall be in force." If the observations we have made above, and 
 our reasoning on them be just, it will appear, that no such provis 
 ion is made in the charter ; and, therefore, that the deductions 
 and inferences derived fnyn the supposition of such provision, 
 are not well founded. CAjld with respect to representation in 
 Parliament, as it is one oithe essential liberties of free and nat 
 ural subjects, and properly makes those who enjoy it, liable to par 
 liamentary acts, so in reference to the inhabitants of this province, 
 who are entitled to all the liberties of such subjects, the impossi 
 bility of their being duly represented in Parliament, does clearly 
 exempt them from all such acts, at least, as have been or shall be 
 made by Parliament, to tax them ; representation and taxation be 
 ing, in our opinion, constitutionally inseparable^ 
 
 This grant of liberties and immunities, youiTSxcellency informs 
 us, " is nothing more than a declaration and assurance on the 
 part of the Crown, that the place to which our predecessors were 
 about to remove, was, and would be considered, as part of the do 
 minions of the Crown ; and, therefore, that the subjects, so re 
 moving, would not become aliens, but would, both without and 
 within the colony, retain the liberties and immunities of free and 
 natural subjects." 
 
 The dominion of the Crown over this country, before the arri 
 val of our predecessors, was merely ideal. Their removal hither, 
 realized that dominion, and has made the country valuable both to 
 the Crown and nation, without any cost to either of them, from 
 that time to this. Even in the most distressed state of our prede 
 cessors, when they expected to be destroyed by a general conspi 
 racy and incursion of the Indian natives, they had no assistance 
 from them. This grant then of liberties, which is the only consid- 
 
MASSACHUSETTS STATE PAPERS. 349 
 
 eration they received from the Crown, for so valuable an acquisi 
 tion to it, instead of being violated by military power, or explain 
 ed away by nice inferences and distinctions, ought in justice, and 
 with a generous openness and freedom, to be acknowledged by ev 
 ery Minister of the Crown, and preserved sacred from every spe 
 cies of violation. 
 
 " If the plantations be part of the dominions of the Crown, this 
 clause in the charter, granting liberties and immunities, does not," 
 your Excellency observes, " confer or reserve any liberties, but 
 what would have been enjoyed without it ; and what the inhabit 
 ants of every other colony do enjoy, where they are without a 
 charter." Although the colonies, considered as part of the domin 
 ions of the Crown, are entitled to equal liberties, the inhabitants 
 of this colony, think it a happiness, that those liberties are con 
 firmed and secured to them by a charter ; whereby the honor and 
 faith of the Crown are pledged, that those liberties shall not be 
 violated. And for protection in them, we humbly look up to his 
 present Majesty, our rightful and lawful Sovereign, as children to 
 a father, able and disposed to assist and relieve them ; humbly im 
 ploring his Majesty, that his subjects of this province, ever faithful 
 and loyal, and ever accounted such, till the stamp act existed, and 
 who, in the late war, and upon all other occasions, have demon 
 strated that faithfulness and loyalty, by their vigorous and un 
 exampled exertions in his service, may have their grievances 
 redressed, and be restored to their just rights. 
 
 Your Excellency next observes, " that it is impossible the rights 
 of English subjects should be the same in every respect, in all parts 
 of the dominions," and instances in the right of " being governed 
 by laws made by persons, in whose election they have a voice. * 
 When " they remove, from the kingdom to the plantations, where 
 it cannot be enjoyed," you ask, " will it not be said, by this volun 
 tary removal, they have relinquished, for a time at least, one of 
 the rights of an English subject, which they might, if they pleased, 
 have continued to enjoy, and may again enjoy, whenever they will 
 return to the place where it can be exercised ?" 
 
 When English subjects remove from the kingdom to the planta 
 tions, with their property, they not only relinquish that right de 
 facto, but it ought to cease in the kingdom de jure. But it does 
 not from thence follow, that they relinquish that right in reference 
 to the plantation or colony, to which they remove. On the con 
 trary, having become inhabitants of that colony, and qualified 
 according to the laws of it, they can exercise that right, equally 
 with the other inhabitants of it. And their right, on like condi 
 tions, will travel with them through all the colonies, wherein a 
 Legislature, similar to that of the kingdom, is established. And 
 therefore, in this respect, and, we suppose, in all other essential 
 respects, it is not impossible the rights of English subjects should 
 be the same in all parts of the dominions, under a like form oi 
 Legislature. 
 
350 MASSACHUSETTS STATE PAPERS. 
 
 This right of representation, is so essential and indisputable, in 
 regard of all laws for levying taxes, that a people under any form 
 of government, destitute of it, is destitute of freedom: of that de 
 gree of freedom, for the preservation of which, government was 
 instituted ; and without which, government degenerates into des 
 potism. It cannot, therefore, be given up, or taken away, without 
 making a breach in the essential rights of nature. 
 
 But your Excellency is pleased to say, " that they who claim 
 exemption as part of their rights by nature, should consider that 
 every restraint which men are laid under by a state of govern 
 ment, is a privation of part of their natural rights. Even in case 
 of representation by election, do they not give up part of their 
 natural rights, when they consent to be represented by such per 
 sons as shall be chosen by the majority of the electors, although 
 their own voices may be for some other person. And is it 
 not contrary to their natural rights, to be obliged to submit to a 
 representation for seven years, or even one year, after they are dis 
 satisfied with his conduct, although they gave their voices for him, 
 when he was elected ? This must, therefore, be considered as an 
 objection against a state of government, rather than against any par- 
 ticjjlar form." 
 
 LYour Excellency s premises are true, but we do not think your 
 conclusion follows from them. It is true, that every restraint of 
 government is a privation of natural right ; and the two cases you 
 have been pleased to mention, may be instances of that privation. 
 But, as they arise from the nature of society and government ; and 
 as government is necessary to secure other natural rights, infinitely 
 more valuable, they cannot, therefore, be considered as an objec 
 tion, either against a state government, or against any particular 
 form of it. , 
 
 Life, liberty, property, and the disposal of that property, with 
 our own consent, are natural rights. Will any one put the other in 
 competition with these ; or infer, that, because those others must be 
 given up in a state of government, these must be given up also ? 
 The preservation of these rights, is the great end of government. 
 But is it probable, they will be effectually secured by a government, 
 which the proprietors of them, have no part in the direction of, and 
 over which, they have no power or influence, whatever ? Hence, is 
 deducible representation, which being necessary to preserve these 
 invaluable rights of nature, is itself, for that reason, a natural right, 
 coinciding with, and running into that great law of nature, self pre 
 servation. 
 
 Thus have we considered the most material parts of your Excel 
 lency s speech, and, agreeable to your desire, disclosed to you our 
 sentiments on the subject of it. " Independence," as you have 
 rightly judged, " we have not in contemplation." We cannot, how- 
 
 j ever, adopt your principles of government, or acquiesce in all tb? 
 
 I inferences you have drawn from them. 
 
MASSACHUSETTS STATE PAPERS. 351 
 
 We have the highest respect for that august body, the Parlia 
 ment, and do not presume to prescribe the exact limits of its 
 authority ; yet, with the deference which is due to it, we are 
 humbly of opinion, that, as all human authority is, in the nature of 
 it, and ought to be, limited, it cannot, constitutionally, extend, for 
 the reasons we have suggested, to the levying of taxes, in any form, 
 on his Majesty s subjects in this province. 
 
 In such principles as these, our predecessors were easy and 
 happy, and in the due operation of such, their descendants, the 
 present inhabitants of this province, have been easy and happy : but 
 they are not so now. Their uneasiness and unhappiness are occa 
 sioned by acts of Parliament, and regulations of government, which 
 lately, and within a few years past, have been made. And this un 
 easiness and unhappiness, both in the cause and effects of them, 
 though your Excellency seems, and can only seem, to be of a diifer- 
 ent opinion, have extended, and continue to extend, to all the colo 
 nies, throughout the continent. 
 
 It would give us the highest satisfaction, to see happiness and 
 tranquillity restored to the colonies, and, especially to see, between 
 Great Britain and them, an union established on such an equitable 
 basis, as neither of them shall ever wish to destroy. We humbly 
 supplicate the sovereign arbiter and superintendant of human affairs, 
 for these happy events. 
 
 [Hon. J. Bowdoin, H. Gray, J. Otis, and S. Hall 3 were the 
 Committee of Council, who prepared the above.] 
 
 ANSWER 
 
 QF THE HOUSE OF REPRESENTATIVES TO THE SPEECH OF THE 
 GOVERNOR, OF SIXTH JANUARY JANUARY 26, 1773. 
 
 May it please your Excellency, 
 
 YOUR Excellency s speech to the General Assembly, at the 
 opening of this session, has been read with great attention in this 
 House. 
 
 We fully agree with your Excellency, that our own happiness, 
 as well as his Majesty s service, very much depends upon peace 
 and order ; and we shall at all times take such measures as are 
 consistent with our constitution^ and the rights of the people, to 
 promote and maintain them. QJhat the government at present is 
 in a very disturbed state, is apparent. But we cannot ascribe it 
 to the people s having adopted unconstitutional principles, which 
 seems to be the cause assigned for it by your Excellency. It ap- 
 
MASSACHUSETTS STATE PAPERS. 
 
 pears to us, to have been occasioned rather by the British House 
 of Commons assuming and exercising a power inconsistent with 
 the freedom of the constitution, to give and grant the propMy oi 
 the colonists, and appropriate the same without their consentj 
 
 It is needless for us to inquire what were the principles that in 
 duced the councils of the nation to so new and unprecedented a 
 measure. But, when the Parliament, by an act of their own, ex 
 pressly declared, that the King, Lords, and Commons, of the na 
 tion " have, and of right ought to have full power and authority 
 to make laws and statutes of sufficient force and validity,, to bind 
 the colonies and people of America, subjects of the Crown of Great 
 Britain, in all cases whatever," and in consequence hereof, ano 
 ther revenue act was made, the minds of the people were filled 
 with anxiety, and they were justly alarmed with apprehensions of 
 the total extinction of their liberties. 
 
 rffiie result of the free inquiries of many persons, into the right 
 or {Re Parliament, to exercise such a power over the colonies, 
 seems, in your Excellency s opinion., to be the cause, of what you 
 are pleased to call the present " disturbed state of the govern 
 ment ;" upon which, you " may not any longer, consistent with 
 your duty to the King, and your regard to the interest of the pro 
 vince, delay communicating your sentiments." But that the prin 
 ciples adopted in consequence hereof, are unconstitutional, is a 
 subject of inquiry. We know of no sucl^cjisorders arising there 
 from, as are mentioned by your ExcellencyJ If Grand Jurors have 
 not, on their oaths, found such offences, as your Excellency, with 
 the advice of his Majesty s Council, have ordered to be prosecut 
 ed, it is to be presumed, they have followed the dictates of good 
 conscience. They are the constitutional judges of these matters, 
 and it is not to be supposed, that moved from corrupt principles, 
 they have suffered offenders to escape a prosecution, and thus 
 supported and encouraged them to go on offending. If any part of 
 authority shall, in an unconstitutional manner, interpose in any 
 matter, it will be no wonder if it be brought into contempt; to 
 the lessening or confounding of that subordination, which is neces 
 sary to a well regulated state. Your Excellency s representation 
 that the bands of government are weakened, we humbly conceive 
 to be without good grounds; though we must own, the heavy bur 
 dens unconstitutionally brought upon the people, have been, and 
 still are universally, and very justly complained of, as a griev 
 ance. 
 
 You are pleased to say, that, " when our predecessors first took 
 possession of this plantation, or colony, under a grant and charter 
 from the Crown of England, it was their sense, and it was the 
 Sense of the kingdom, that they were to remain subject to the su 
 preme authority of Parliament ;" whereby we understand your 
 Excellency to mean, in the sense of the declaratory act of Parlia 
 ment afore mentioned, in all cases whatever. And, indeed, it is 
 
MASSACHUSETTS STATE PAPERS. 353 
 
 difficult, if possible, to draw a line of distinction between the uni 
 versal authority of Parliament over the colonies, and no authority 
 at all. It is, therefore, necessary for us to inquire how it appears, 
 for your Excellency has not shown it to us, that when, or at the 
 time that our predecessors took possession of this plantation, or 
 colony, under a grant and charter from the Crown of England, it 
 was their sense, and the sense of the kingdom, that they were to 
 remain subject to the authority of Parliament. In making this 
 inquiry, we shall, according to your Excellency s recommenda 
 tion, treat the subject with calmness and candor, and also with a 
 due regard to truth. 
 
 Previous to a direct consideration of the charter granted to the 
 province or colony, and the better to elucidate the true sense and 
 meaning of it, we would take a view of the state of the English 
 North American continent at the time, when, and after possession 
 was first taken of any part of it, by the Europeans. It was then 
 possessed by heathen and barbarous people, who had, nevertheless, 
 all that right to the soil, and sovereignty in and over the lands they 
 possessed, which God had originally given to man. Whether 
 their being heathen, inferred any right or authority to Christian, 
 princes, a right which had long been assumed by the Pope, to dis 
 pose of their lands to others, we will leave to your Excellency, or 
 any one of understanding and impartial judgment, to consider. It 
 is certain, they had in no other sense, forfeited them to any power 
 in Europe. Should the doctrine be admitted, that the discovery 
 of lands owned and possessed by pagan people, gives to any Chris 
 tian prince a right and title to the dominion and property, still it 
 is vested in the Crown alone. It was an acquisition of foreign 
 territory, not annexed to the realm of England, and, therefore, at 
 the absolute disposal of the Crown. For we take it to be a settled 
 point, that the King has a constitutional prerogative, to dispose of 
 and alienate, any part of Ins territories not annexed to the realm. 
 In the exercise of this prerogative, Queen Elizabeth granted the 
 first American charter ; and, claiming a right by virtue of discove 
 ry, then supposed to be valid, to the lands which are now possess 
 ed by the colony of Virginia, she conveyed to Sir Walter Raw- 
 leigh, the property, dominion, and sovereignty thereof, to be held 
 ot the Crown, by homage, and a certain render, without any reser 
 vation .to herself, of any share in the Legislative and Executive au 
 thority. After the attainder of Sir Walter, King James the I. 
 created two Virginian companies, to be governed each by laws, 
 transmitted to them by his Majesty, and not by the Parliament, 
 with power to establish, and cause to be made, a coin to pass cur 
 rent among them ; and vested with all liberties, franchises and im 
 munities, within any of his other dominions, to all intents and pur 
 poses, as if they had been abiding and born within the realm. A 
 declaration similar to this, is contained in the first charter of this 
 colony, and in those of other American colonies, which shows that 
 45 
 
354 MASSACHUSETTS STATE PAPERS. 
 
 the colonies were not intended, or considered to be within the 
 realm of England, though within the allegiance of the English 
 Crown. After this, another charter was granted by the same King 
 James, to the Treasurer and Company of Virginia, vesting them 
 with full power and authority, to make, ordain, and establish, all 
 manner of orders, laws, directions, instructions, forms and cere 
 monies of governments, and magistracy, fit and necessary, and the 
 same to abrogate, &c. without any reservation for securing their 
 subjection to the Parliament, and future laws of England. A 
 third charter was afterwards granted by the same King, to the 
 Treasurer and Company of Virginia, vesting them with power and 
 authority to make laws, with an addition of this clause, " so, al 
 ways, that the same be not contrary to the laws and statutes of 
 this our realm of England." The same clause was afterwards 
 copied into the charter of this and other colonies, with certain va 
 riations, such as, that these laws should be " consonant to reason," 
 " not repugnant to the laws of England," " as nearly as conve 
 niently may be to the laws, statutes and rights of England," &c. 
 These modes of expression, convey the same meaning, and serve 
 to show an intention, that the laws of the colonies should be as 
 much as possible, conformable in the spirit of them, to the princi 
 ples and fundamental laws of the English constitution, its rights 
 and statutes then in being, and by no means to bind the colonies to 
 a subjection to the supreme authority of the English Parliament. 
 And that this is the true intention, we think it further evident from 
 this consideration, that no acts of any colony Legislative, are ever 
 brought into Parliament for inspection there, though the laws made 
 in some of them, like the acts of the British Parliament, are laid 
 before the King for his dissent or allowance. 
 
 We have brought the first American charters into view, and the 
 state of the country when they were granted, to show, that the 
 right of disposing of the lands was, in the opinion of those times. 
 vested solely in the Crown ; that the several charters conveyed to 
 the grantees, who should settle upon the territories therein grant 
 ed, all the powers necessary to constitute them free and distinct 
 states ; and that the fundamental laws of the English constitution 
 should be the certain and established rule of legislation, to which, 
 the laws to be made in the several colonies, were to be, as nearly 
 as conveniently might be, conformable, or similar, which was the 
 true intent and import of the words, " not repugnant to the laws 
 of England," " consonant to reason," and other variant expres 
 sions in the different charters. ^And we would add, that the King, 
 in some of the charters, reserves^the right to judge of the conso 
 nance and similarity of their laws with the English constitution, to 
 himself, and not to the Parliament ; and, in coosequence thereof, 
 to aifirm, or within a limited time, disallow them. 
 
 These charters, as well as that afterwards granted to Lord Bal 
 timore, and other charters, are repugnant to the idea of Parlia- 
 i_mentary authority ; and, to suppose a Parliamentary authority 
 
MASSACHUSETTS STATE TAPERS. 355 
 
 over the colonies, under sch charters, would necessarily induce 
 that solecism in politics, imperium in imperio. And the King s 
 repeatedly exercising the prerogative of disposing of the Ameri 
 can territory by such charters, together with thp silence of the 
 nation thereupon, is an evidence that it was an acknowledged 
 rogative. 
 
 But, further to show the sense of the English Crown and nation, 
 that the American colonists, and our predecessors in particular, 
 when they first took possession of this country, by a grant and 
 charter from the Crown, did not remain subject to the supreme 
 authority of Parliament, we beg leave to observe, that when a bill 
 was offered by the two Houses of Parliament to King Charles the 
 I. granting to the subjects of England, the free liberty of fishing 
 on the coast of America, he refused his royal assent, declaring as 
 a reason, that " the colonies were without the realm and jurisdic 
 tion of Parliament." 7 
 
 In like manner, his predecessor, James the I. had before de* \ 
 elared, upon a similar occasion, that " America was not annexed 
 to the realm, and it was not fitting that Parliament should make 
 laws for those countries." This reason was, not secretly, but 
 openly declared in Parliament. If, then, the colonies were not an 
 nexed to the realm, at the time when their charters were granted, 
 they never could be afterwards, without their own special con 
 sent, which has never since been had, or even asked. If they are 
 not now annexed to the realm, they are not a part of the kingdom, 
 and consequently not subject to the Legislative authority of the 
 kingdom. For no country, by the common law, was subject to the 
 laws or to the Parliament, but the realm of England. i 
 
 We would, if your Excellency pleases, subjoin an instance of 
 conduct in King Charles the II. singular indeed, but impor 
 tant to our purpose, who, in 1679, framed an act for a permanent 
 revenue for the support of Virginia, and sent it there by Lord Cul- 
 pepper, the Governor of that colony, which was afterwards passed 
 into a law, and " enacted by the King s most excellent Majesty, 
 by, and with the consent of the General Assembly of Virginia." If 
 the King had judged that colony to be a part of the realm, he would 
 not, nor could he, consistently with Magna Charta, have placed 
 himself at the head of, and joined with any Legislative body in 
 making a law to tax the people there, other than the Lords and 
 Commons of England. 
 
 Having taken a view of the several charters of the first colony 
 in America, if we look into the old charter of this colony, we 
 shall find it to be grounded on the same principle ; that the right 
 of disposing the territory granted therein, was vested in the Crown, 
 as being that Christian Sovereign who first discovered it, when in 
 the possession of heathens ; and that it was considered as being not 
 within the realm, but being only within the Fee and Seignory of 
 the King. As, therefore, it was without the realm of England, must 
 
356 MASSACHUSETTS STATE PAPERS. 
 
 not the King, if he had designed that the Parliament should have 
 had any authority over it, have made a special reservation for that 
 purpose, which was not done ? 
 
 Your Excellency says, " it appears from the charter itself, to 
 have been the sense oif our predecessors, who first took possession 
 of this plantation, or colony, that they were to remain subject to 
 the authority of Parliament." You have not been pleased to point 
 out to us, how this appears from the charter, unless it be in the 
 observation you make on the above mentioned clause, viz. : "that 
 a favorable construction has been put upon this clause, when it 
 has been allowed to intend such laws of England only, as are ex 
 pressly made to respect us," which you say, " is by charter, a re 
 serve of power and authority to Parliament, to bind us by such 
 laws, at least, as are made expressly to refer to us, and conse 
 quently is a limitation of the power given to the General Court." 
 But, we would still recur to the charter itself, and ask your Excel 
 lency, how this appears, from thence, to have been the sense of our 
 predecessors ? Is any reservation of power and authority to Par 
 liament thus to bind us, expressed or implied in the charter ? It is 
 evident, that King Charles the I. the very Prince who granted it, 
 as well as his predecessor, had no such idea of the supreme au 
 thority of Parliament over the colony, from their declarations be 
 fore recited. Your Excellency will then allow us, further to ask, 
 by what authority, in reason or equity, the Parliament can enforce 
 a construction so unfavorable to us. Quod ab initio injustum est, 
 nullum potest habere juris effectum, said Grotius. Which, with 
 submission to your Excellency, may be rendered thus : whatever 
 is originally in its nature wrong, can never be sanctified, or made 
 right by repetition and use. 
 
 In solemn agreements, subsequent restrictions ought never to be 
 allowed. The celebrated author, whom your Excellency has quo 
 ted, tells us, that, " neither the one or the other of the interested, 
 or contracting powers, hath a right to interpret at pleasure. This 
 we mention, to show, even upon a supposition, that the Parliament 
 had been a party to the contract, the invalidity of any of its sub 
 sequent acts, to explain any clause in the charter ; more especially 
 to restrict or make void any clause granted therein to the General 
 Court. An agreement ought to be interpreted " in such a man 
 lier as that it may have its effect." But, if your Excellency s 
 interpretation of this clause is just, " that it is a reserve of power 
 and authority to Parliament to bind us by such laws as are made 
 expressly to refer to us," it is not only " a limitation of the power 
 given to the General Court" to legislate, but it may, whenever the 
 Parliament shall think fit, render it of no effect ; for it puts it in 
 the power of Parliament, to bind us by as many laws as they please, 
 and even to restrain us from making any laws at all. If your Ex 
 cellency s assertions in this, and the next succeeding part of your 
 speech, were well grounded, the conclusion would be undeniable, 
 
MASSACHUSETTS STATE PAPERS. 357 
 
 that the charter, even in this clause, " does not confer or reserve 
 any liberties," worth enjoying, " but what would have been en 
 joyed without it ;" saving that, within any of his Majesty s domin 
 ions, we are to be considered barely as not aliens. You are pleas 
 ed to say, it cannot " be contended, that by the liberties of free 
 and natural subjects," (which are expressly granted in the char 
 ter, to all intents, purposes arid constructions, whatever) " is to 
 be understood, an exemption from acts of Parliament, because not 
 represented there ; seeing it is* provided by the same charter, that 
 such acts shall be in force." If, says an eminent lawyer, " the 
 King grants to the town of D. the same liberties which London has, 
 this shall be intended the like liberties." A grant of the liberties 
 of free and natural subjects, is equivalent to a grant of the same 
 liberties. And the King, in the first charter to this colony, ex 
 pressly grants, that it " shall be construed, reputed and adjudged 
 in all cases, most favorably on the behalf and for the benefit and 
 behoof of the said Governor and Company, and their successors 
 any matter, cause or thing, whatsoever, to the contrary notwith 
 standing." (Itis one of the liberties of free and natural subjects, 
 born and abiding within the realm, to be governed, as your Excel 
 lency observes, " by laws made by persons, in whose elections they, 
 from time to time, have a voice." This is an essential right. For 
 nothing is more evident, than, that any people, who are subject to 
 the unlimited power of another, must be in a state of abject slave 
 ry./ It was easily and plainly foreseen, that the right of represent 
 ation in the English Parliament, could not be exercised by the peo 
 ple of this colony. It would be impracticable > if consistent with 
 the English constitutionTJ And foTtrns reason, that this colony 
 might have and enjoy all the liberties and immunities of free and 
 natural subjects within the realm, as stipulated in the charter, it 
 was necessary, and a Legislative was accordingly constituted with 
 in the colony ; one branch of which, consists of Representatives 
 chosen by the people, to make all laws, statutes, ordinances, &c. 
 for the well ordering and governing the same, not repugnant to 
 the laws of England, or, as nearly as conveniently might be. agree 
 able to the fundamental laws of the English constitution. We are, 
 therefore, still at a loss to conceive, where your Excellency finds 
 it " provided in the same charter, that such acts," viz. acts of 
 Parliament, made expressly to refer to us, " shall be in force" in 
 this province. There is nothing to this purpose, expressed in the 
 charter, or in our opinion, even implied in it. And surely it would 
 be ver^ absurd, that a charter, which is evidently formed upon a 
 supposition and intention, that a colony is and should be consider 
 ed as not within the realm ; and declared by the very Prince who 
 granted it, to be not within the jurisdiction of Parliament, should 
 yet provide, that the laws which the same Parliament should make, 
 expressly to refer to that colony, should be in force therein. Your 
 Excellency is pleased to ask, <; does it follow, that the govern- 
 
 
358 MASSACHUSETTS STATE PAPERS. 
 
 ment, by their (our ancestors) removal from one part of the domin 
 ions to another, loses its authority over that part to which they re 
 move 5 and that they are freed from the subjection they were un 
 der before B" We answer, if that part of the King s dominions, to 
 which they removed, was not then a part of the realm, and was 
 never annexed to it, the Parliament lost no authority over it, hav 
 ing never had such authority ; and the emigrations were conse 
 quently freed from the subjection they were under before their re 
 moval. The power and authority of Parliament, being constitu 
 tionally confined within the limits of the realm, and the nation col 
 lectively, of which alone it is the representing and Legislative As 
 sembly. Your Excellency further asks, " will it not rather be 
 said, that by this, their voluntary removal, they have relinquished, 
 for a time, at least, one of the rights of an English subject, which 
 they might, if they pleased, have continued to enjoy, and may again 
 enjoy, whenever they return to the place where it can be exercis 
 ed ?" To which we answer ; they never did relinquish the right 
 to be governed by laws, made by persons in whose election they 
 had a voice. The King stipulated with them, that they should 
 have and enjoy all the liberties of free and natural subjects, born 
 within the realm, to all intents, purposes and constructions, what 
 soever 5 that is, that they should be as free as those, who were to 
 abide within the realm : consequently, he stipulated with them, 
 that they should enjoy and exercise this most essential right, which 
 discriminates freemen from vassals, uninterruptedly, in its full 
 sense and meaning ; and they did, and ought still to exercise it, 
 without the necessity of returning, for the sake of exercising it, to 
 the nation or state of England. 
 
 We cannot help observing, that your Excellency s manner of 
 reasoning on this point, seems to us, to render the most valuable 
 clauses in our charter unintelligible : as if persons going from the 
 realm of England, to inhabit in America, should hold and exercise 
 there a certain right of English subjects ; but, in order to exercise 
 it in such manner as to be of any benefit to them, they must not in 
 habit there, but return to the place where alone it can be exercised. 
 By such construction, the words of the charter can have no sense 
 or meaning. We forbear remarking upon the absurdity of a grant 
 to persons born without the realm, of the same liberties which would 
 have belonged to them, if they had been born within the realm. 
 
 Your Excellency is disposed to compare this government to the 
 variety of corporations, formed within the kingdom, with power 
 to make and execute by-laws, &c. ; and, because they remain 
 subject to the supreme authority of Parliament, to infer, that this 
 colony is also subject to the same authority : this reasoning ap 
 pears to us not just. The members of those corporations are res 
 ident within the kingdom ; and residence subjects them to the au 
 thority of Parliament, in which they are also represented ; where 
 as the people of this colony are not resident within the realm. 
 
MASSACHUSETTS STATE PAPERS. 359 
 
 The charter was granted, with the express purpose to induce them 
 to reside without the realm ; consequently, they are not represent 
 ed in Parliament there. But, we would ask your Excellency, 
 are any of the corporations, formed within the kingdom, vested 
 with the power of erecting other subordinate corporations ? of en 
 acting and determining what crimes shall be capital ? and consti 
 tuting courts of common law, with all their officers, for the hear 
 ing, trying and punishing capital offenders with death ? These and 
 many other powers vested in this government, plainly show, that 
 it is to be considered as a corporation, in no other light, than as 
 every state is a corporation. Besides, appeals from the courts of 
 law here, are not brought before the House of Lords ; which shows, 
 that the peers of the realm, are not the peers of America : but all 
 such appeals are brought before the King in council, which is a fur 
 ther evidence, that we are not within the realm. 
 
 We conceive enough has been said, to convince your Excellen 
 cy, that, " when our predecessors first took possession of this plan 
 tation, or colony, by a grant and charter from the Crown of Eng 
 land, it was not, ami never had been the sense of the kingdom, 
 that they were to remain subject to the supreme authority of Par 
 liament. We will now, with your Excellency s leave, inquire 
 what was the sense of our ancestors, of this very important mat 
 ter. 
 
 And, as your Excellency has been pleased to tell us, you have 
 not discovered, that the supreme authority of Parliament has been 
 called in question, even by private and particular persons, until 
 within seven or eight years past ; except about the time of the an 
 archy and confusion in England, which preceded the restoration of 
 King Charles the II. we beg leave to remind your Excellency of 
 some parts of your own history of Massachusetts Bay. Therein 
 we are informed of the sentiments of " persons of influence," after 
 the restoration ; from which, the historian tells us, some parts ot" 
 their conduct, that is, of the General Assembly, 4< may be pretty 
 well accounted for." By the history, it appears to have been the 
 opinion of those persons of influence, " that the subjects of any 
 prince or state, had a natural right to remove to any other state, or 
 to another quarter of the world, unless the state was weakened or 
 exposed by such remove ; and, even in that case, if they were de 
 prived of the right of all mankind, liberty of conscience, it would 
 justify a separation, and upon their removal, their subjection de 
 termined and ceased." That " the country to which they had 
 removed, was claimed and possessed by independent princes, 
 whose right to the lordship and sovereignty thereof had been ac 
 knowledged by the Kings of England," an instance of which is 
 quoted in the margin. " That they themselves had actually pur 
 chased, for valuable consideration, not only the soil, but the domin 
 ion, the lordship and sovereignty of those princes ;" without which 
 purchase. " in the sight of God and men, they had no right or title 
 
360 MASSACHUSETTS STATE PAPERS. 
 
 to what they possessed." They had received a charter of incorpo 
 ration from the King, from whence arose a new kind of subjection, 
 namely, " a voluntary, civil subjection ;" and by this compact, 
 " they were to be governed by laws made by themselves." Thus 
 it appears to have been the sentiments of private persons, though 
 persons by whose sentiments the public conduct was influenced, 
 that their removal was ajustifiable separation from the mother state, 
 upon which, their subjection to that state, determined and ceased. 
 The supreme authority of Parliament, if it had then ever been as 
 serted, must surely have been called in question, by men who had 
 advanced such principles as these. 
 
 The first act of Parliament, made expressly to refer to the colo 
 nies, was after the restoration. In the reign of King Charles the 
 II. several such acts passed. And the same history informs us, 
 there was a difficulty in conforming to them ; and the reason of 
 this difficulty is explained in a letter of the General Assembly to 
 their Agent, quoted in the following words ; " they apprehended 
 them to be an invasion of the rights, liberties and properties of the 
 subjects of his Majesty, in the colony, they not being represented 
 in Parliament, and according to the usual sayings of the learned in 
 the law, the laws of England were bounded within the four seas, 
 and did not reach America : However, as his Majesty had signified 
 his pleasure, that those acts should be observed in the Massachu 
 setts, they had made provision, by a law of the colony, that they 
 should be strictly attended." Which provision, by a law of their 
 own, would have been superfluous, if they had admitted the su 
 preme authority of Parliament. In short, by the same history it 
 appears, that those acts of Parliament, as such, were disregarded; 
 and the following reason is given for it : " It seems to have been a 
 general opinion, that acts of Parliament had no other force, than 
 what they derived from acts made by the General Court, to estab 
 lish and confirm them." 
 
 But, still further to show the sense of our ancestors, respecting 
 this matter, we beg leave to recite some parts of a narrative, pre 
 sented to the Lords of Privy Council, by Edward Randolph, in the 
 year 1676, which we find in your Excellency s collection of papers 
 lately published. Therein it is declared to be the sense of the 
 colony, " that no law is in force or esteem there, but such as are 
 made by the General Court; and, therefore, it is accounted a 
 breach of their privileges, and a betraying of the liberties of their 
 commonwealth, to urge the observation of the laws of England." 
 And, further, " that no oath shall be urged, or required to be tak 
 en by any person, but such oath as the General Court hath consid 
 ered, allowed and required." And, further, " there is no notice 
 taken of the act of navigation, plantation or any other law r s, made 
 in England for the regulation of trade." "That the government 
 would make the world believe, they are a free state, and do act in 
 all matters accordingly." Again, " these magistrates ever re- 
 
MASSACHUSETTS STATE PAPERS. 361 
 
 serve to themselves, a power to alter, evade and disannul any law 
 or command, not agreeing with their humor, or the absolute au 
 thority of their government, acknowledging no superior." And, 
 further, " he (the Governor) freely declared to me, that the laws 
 made by your Majesty and your Parliament, obligeth them in 
 nothing, but what consists with the interests of that colony ; that 
 the Legislative power and authority is, and abides in them solely." 
 And in the same Mr. Randolph s letter to the Bishop of London, 
 July 14, 1682, he says, " this independency in government is claim 
 ed and daily practised." And your Excellency being then sensi 
 ble, that this was the sense of our ancestors, in a marginal note, 
 in the same collection of papers, observes, that, " this, viz the pro 
 vision made for observing the acts of trade, is very extraordi 
 nary, for this provision was an act of the colony, declaring the acts 
 of trade shall be in force there." Although Mr. Randolph was 
 very unfriendly to the colony, yet, as his declarations are concur 
 rent with those recited from your Excellency s history, we think 
 they may be admitted, for the purpose for which they are now 
 brought. 
 
 Thus we see, from your Excellency s history and publications, 
 the sense our ancestors had of the jurisdiction of Parliament, under 
 the first charter. Very different from that, which your Excellency 
 in your speech, apprehends it to have been. 
 
 It appears by Mr. Neal s History of New England, that the 
 agents, who had been employed by the colony to transact its affairs 
 in England, at the time when the present charter was granted, 
 among other reasons, gave the following for their acceptance of it, 
 viz. " The General Court has, with the King s approbation, as much 
 power in New England, as the King and Parliament have in Eng 
 land ; they have all English privileges, and can be touched by no 
 law, and by no tax but of their own making." This is the earliest 
 testimony that can be given of the sense our predecessors had of 
 the supreme authority of Parliament, under the present charter. 
 And it plainly shows, that they, who having been freely conver 
 sant with those who framed the charter, must have well understood 
 the design and meaning of it, supposed that the terms in our char 
 ter, " full power and authority," intended and were considered as 
 a sole and exclusive power, and that there was no " reserve in 
 the charter, to the authority of Parliament, to bind the colony" by 
 any acts whatever. 
 
 Soon after the arrival of the charter, viz. in 1692, your Excel 
 lency s history informs us, " the first act" of this Legisl; tive. was 
 a sort of Magna Charta, asserting and setting forth their general 
 privileges^ and this clause was among the rest ; 4 * no aid, tax, tal- 
 lage, assessment, custom, loan, benevolence, or imposition what 
 ever, shall be laid, assessed, imposed, or levied on any of their 
 Majesty s subjects, or their estates, 0" any pretence whatever, but 
 by the act and consent of the Governor, Council, and Representa- 
 46 
 
362 MASSACHUSETTS STATE PAPERS. 
 
 tives of the people assembled in General Court." And though 
 this act was disallowed, it serves to show the sense which the 
 General Assembly, contemporary with the granting the charter, had 
 of their sole and exclusive right to legislate for the colony. The 
 history says, " the other parts of the act were copied from Magna 
 Charta ;" by which, we may conclude that the Assembly then con 
 strued the words, " not repugnant to the laws," to mean, con 
 formable to the fundamental principles of the English constitution. 
 And it is observable, that the Lords of Privy Council, so lately as 
 in the reign of Queen Anne, when several laws enacted by the 
 General Assembly were laid before her Majesty for her allowance, 
 interpreted the words in this charter, " not repugnant to the laws 
 of England," by the words, " as nearly as conveniently may be 
 agreeable to the laws and statutes of England." And her Majesty 
 was pleased to disallow those acts, not because they were repug 
 nant to any law or statute of England, made expressly to refer to 
 the colony, but because divers persons, by virtue thereof, were 
 punished, without being tried by their peers in the ordinary " courts 
 of law," and " by the ordinary rules and known methods of jus 
 tice," contrary to the express terms of Magna Charta, which was a 
 statute in force at the time of granting the charter, and declara 
 tory of the rights and liberties of the subjects within the realm. 
 
 You are pleased to say, that " our provincial or local laws have, 
 in numerous instances, had relation to acts of Parliament, made to 
 respect the plantations, and this colony in particular." The au 
 thority of the Legislature, says the same author who is quoted by 
 your Excellency, " does not extend so far as the fundamentals 
 of the constitution. They ought to consider the fundamental 
 laws as sacred, if the nation has not in very express terms, given 
 them the power to change them. For the constitution of the state 
 ought to be fixed ; and since that was first established by the na 
 tion, which afterwards trusted certain persons with the Legislative 
 power, the fundamental laws are excepted from their commission." 
 Now the fundamentals of the constitution of this province, are stip 
 ulated in the charter 5 the reasoning, therefore, in this case, holds 
 equally good. Much less, then, ought any acts or doings of the 
 General Assembly, however numerous, to neither of which your 
 Excellency has pointed us, which barely relate to acts of Parlia 
 ment made to respect the plantations in general, or this colony in 
 particular, to be taken as an acknowledgment of this people, or 
 even of the Assembly, which inadvertently passed those acts, that 
 we are subject to the supreme authority of Parliament ; and with 
 still less reason are the decisions in the executive courts to deter 
 mine this point. If they have adopted that " as part of the rule 
 of law," which, in fact, is not, it must be imputed to inattention 
 or error in judgment, and cannot justly be urged as an alteration 
 or restriction of the Legislative authority of the province. 
 
 Before we leave this part of your Excellency s speech, we would 
 
MASSACHUSETTS STATE PAPERS, 363 
 
 observe, that the great design of our ancestors, in leaving the king 
 dom of England, was to be freed from a subjection to its spiritual 
 laws and courts, and to worship God according to the dictates of 
 their consciences. Your Excellency, in your history observes, that 
 their design was " to obtain for themselves and their posterity, the 
 liberty of worshipping God in such manner as appeared to them 
 most agreeable to the sacred scriptures." And the General Court 
 themselves declared in 1651, that " seeing just cause to fear the 
 persecution of the then Bishop, and high commission for not con 
 forming to the ceremonies of those under their power, they thought 
 it their safest course, to get to this outside of the world, out of 
 their view, and beyond their reach." But, if it had been their 
 sense, that they were still to be subject to the supreme authority 
 of Parliament, tli ey must have known that their design might, and 
 probably would be frustrated 5 that the Parliament, especially con 
 sidering the temper of those times, might make what ecclesiastical 
 laws they pleased, expressly to refer to them, and place them in 
 the same circumstances with respect to religious matters, to be re 
 lieved from which, was the design of their removal ; and we would 
 add, that if your Excellency s construction of the clause in our pre 
 sent charter is just, another clause therein, which provides for lib 
 erty of conscience for all christians, except papists, may be ren 
 dered void by an act of Parliament made to refer to us, requiring 
 a conformity to the rites and mode of worship in the church of 
 England, or any other. 
 
 Thus we have endeavored to show the sense of the people of 
 this colony under both charters; and, if there have been in any 
 late instances a submission to acts of Parliament, it has been, in 
 our opinion, rather from inconsideration, or a reluctance at the 
 idea of contending with the parent state, than from a conviction or 
 acknowledgment of the Supreme Legislative authority of Parlia 
 ment. 
 
 Your Excellency tells us, " you know of no line that can _ 
 drawn between the supreme authority of Parliament and the total 
 independence of the colonies." [f there be no such line, the con- 
 sequence is, either that the colonies are the vassals of the Parlia- 
 ment, or that they are totally independent. As it cannot be sup- 
 posed to have been the intention of the parties in the compact, 
 that we should be reduced to a state of vassalage, the conclusion 
 is, that it was their sense, that we were thus independent. " It is 
 impossible," your Excellency says, " that there should be two in 
 dependent Legislatures in one and the same state." May we not 
 then further conclude, that it was their sense, that the colonies 
 were, by their charters, made distinct states from the mother coun 
 try ? Your Excellency adds, " for although there may be but one 
 head, the King, yet the two Legislative bodies will make two gov 
 ernments as distinct as the kingdoms of England and Scotland, 
 before the union." Very true, may it please your Excellency : 
 
364; MASSACHUSETTS STATE PAPERS. 
 
 / and if they interfere not with each other, what hinders, but that 
 i being united in one head and common Sovereign, they may live 
 happily in that connection, and mutually support and protect each 
 other? Notwithstanding all the terrors which your Excellency 
 has pictured to us as the effects of a total independence, there is 
 more reason to dread the consequences of absolute uncontroled 
 power, whether of a nation or a monarch, than those of a total inde 
 pendence. It would be a misfortune " to know by experience, the 
 difference between the liberties of an English colonist and those of 
 the Spanish, French, and Dutch : and since the British Parlia 
 ment has passed an act, which is executed even with rigor, though 
 not voluntarily submitted to, for raising a revenue, and appropri 
 ating the same, without the consent of "the people who pay it, and 
 have claimed a power of making such laws as they please, to order 
 and govern us, your Excellency will excuse us in asking, whether 
 you do not think we already experience too much of such a differ 
 ence, and have not reason to fear we shall soon be reduced to a 
 worse situation than that of the colonies of France. Spain, or Hol 
 land ? 
 
 If your Excellency expects to have the line of distinction be 
 tween the supreme authority of Parliament, and the total indepen 
 dence of the colonies drawn by us, we would say it would be an 
 arduous undertaking, and of very great importance to all the other 
 colonies ; and therefore, could we conceive of such a line, we 
 /should be unwilling to propose it, without their consent in Con- 
 ress. 
 
 To conclude, these are great and profound questions. It is the 
 grief of this House, that, by the ill policy of a late injudicious 
 administration, America has been driven into the contemplation of 
 them. And we cannot but express our concern, that your Excel 
 lency, by your speech, has reduced us to the unhappy alternative, 
 either of appearing by our silence to acquiesce in your Excellen 
 cy s sentiments, or of thus freely discussing this point. 
 
 After all that we have said, we would be far from being under 
 stood to have in the least abated that just sense of allegiance which 
 we owe to the King of Great Britain, our rightful Sovereign ; and 
 should the people of this province be left to the free and full exer 
 cise of all the liberties and immunities granted to them by charter, 
 there would be no danger of an independence on the Crown. Our 
 charters reserve great power to the Crown in its Representative, 
 fully sufficient to balance, analogous to the English constitution, 
 all the liberties and privileges granted to the people. All this 
 your Excellency knows full well; and whoever considers the 
 power and influence, in all their branches, reserved by our charter, 
 to the Crown, will be far from thinking that the Commons of this 
 province are too independent. 
 
 ("This answer was reported by Mr. S. Adams, Mr. Hancock, 
 
 :.* 
 
MASSACHUSETTS STATE PAPERS, 
 
 365 
 
 Maj. Hawley, Col. Bowers, Mr. Hobson, Maj. Foster, Mr. Phil 
 lips, and Col. Thayer.] 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
 FEBRUARY 3, 1773. 
 
 May it please your Excellency , 
 
 THE House of Representatives having directed the Secretary 
 to inform them, whether you have been pleased to give your assent 
 to the grants lately made to the Justices of the Superior Court of 
 Judicature, &c. and it appearing that your Excellency has not 
 yet done it, it is their request, that you would be pleased to make 
 known to them the difficulty (if any there be) in your Excellen 
 cy s mind, which prevents your assenting to said grants. 
 
 The people without doors are universally alarmed with the re 
 port that salaries are fixed to the offices of the said Justices, by 
 order of the Crown ; and an unusual delay to confirm the grants 
 now made, is judged by this House to be a sufficient apology for 
 this inquiry. 
 
 MESSAGE 
 
 FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 FEBRUARY 4, 1773. 
 
 Gentlemen of the House of Representatives, 
 
 (I.JIAVE received information, that his Majesty has been pleas- j 
 ed to order, that salaries shall be allowed to the Justices of the 
 Superior Court, and that such salaries shalT continue so long as 
 those Justices shall reside within the province, and whilst they are 
 absent from it, with his Majesty s leave; but I have no informa 
 tion that any warrants for the payment of such salaries have been 
 issued. I, therefore, did not give an immediate assent to the grants 
 which you have made for their services the year past, as the war 
 rants, if they should hereafter be transmitted, may include part of 
 the same time for which your grants are made, but thought it most 
 advisable to consider of some precaution, to prevent all claim from 
 the province for any services, for which the Justices may also be 
 entitled to a salary from the King. I hope, therefore, a short de- i 
 
366 MASSACHUSETTS STATE PAPERS. 
 
 lay, which has been occasioned by a regard to your interest, as 
 well as by a sense of my duty to his Majesty, will not be thought 
 unnecessary. T. HUTCHINSON. 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
 FEBRUARY 12, 1773. 
 
 May it please your Excellency, 
 
 YOUR message of the 4th instant, informs this House, that his 
 Majesty has been pleased to order that salaries shall be allowed to 
 the Justices of the Superior Court of this province. 
 
 We conceive that no Judge, who has a due regard to justice, or 
 even to his own character, would choose to be placed under such 
 an undue bias as they must be under, in the opinion of this House., 
 by accepting of, and becoming dependent for their salaries upon 
 the Crown. 
 
 Had not his Majesty been misinformed, with respect to the con 
 stitution and appointment of our Judges, by those who advised to 
 this measure, we are persuaded, he would never have passed such 
 an order ; as he was pleased to declare, upon his accession to the 
 throne, that " he looked upon the independence and uprightness 
 of the Judges, as essential to the impartial administration of jus 
 tice, as one of the best securities of the rights and liberties of his 
 subjects, and as most conducive to the honor of the Crown." 
 
 Your Excellency s precaution to prevent all claim from the pro 
 vince for any services, for which the Justices may also be entitled 
 to a salary from the King, is comparatively, of very small consid 
 eration with us. 
 
 When we consider the many attempts that have been made, 
 effectually to render null and void those clauses in our charter, 
 upon which the freedom of our constitution depends, we should be 
 lost to all public feeling, should we not manifest a just resentment. 
 We are more and more convinced, that itjias_been the design of 
 administration, totally to subvert the constitufioTipanHirvtro- 
 duce an arbitrary government into this province ; and we can 
 not wonder that the apprehensions of this people are thoroughly 
 awakened. 
 
 We wait with impatience to know, and hope your Excellency 
 will very soon be able to assure us, that the Justices Will utterly 
 refuse ever to accept of support, in a manner so justly obnoxious 
 to the disinterested and judicious part of the good people of this 
 province, being repugnant to the charter? and utterly inconsist- 
 
MASSACHUSETTS STATE PAPERS. 367 
 
 ent with the safety of the rights, liberties, and properties of the 
 people. 
 
 [The committee who reported this message, were, Mr. S. Ad 
 ams, Mr. Pickering, Mr. Phillips, Mr. Hancock, Mr. Heath, Mr. 
 Foster, and Mr. Benny.] 
 
 MESSAGE 
 
 FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
 FEBRUARY 16, 1773. 
 
 May it please your Excellency, 
 
 THE House of Representatives think it of the last importance, 
 to wait on your Excellency, and pray that you would be pleased to 
 inform them, whether your Excellency can now satisfy the House, 
 that the Justices of the Superior Court have refused, or will refuse, 
 to accept of their support from the Crown ; a matter which appears 
 to have filled the minds of the good people of this province, with the 
 greatest anxiety ; and a determination of which, in the affirmative, 
 will tend to promote his Majesty s service, and the peace and hap 
 piness of the people. 
 
 MESSAGE 
 
 FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 FEBRUARY 16, 1773. 
 
 Gentlemen of the House of Representatives, 
 
 I MOST certainly am not able to inform you, that the Justices 
 of the Superior Court have refused, or will refuse, to accept of their 
 support from the Crown. All that I thought necessary for me to 
 do, before I gave my assent to the grants which you had made, was 
 the taking proper caution to prevent their being entitled to a salary 
 from the province, after a salary from the Crown should commence, 
 if the warrants for the payment of such salary should hereafter be 
 received. T. HUTCHINSON. 
 
368 MASSACHUSETTS STATE PAPERS. 
 
 > 
 
 SPEECH 
 
 OF THE GOVERNOR TO BOTH HOUSES, FEBRUARY 16, 1773. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of tfye House of Representatives, 
 
 \ THE proceedings of such of the inhabitants of the town of 
 Boston, as assembled together, and passed and published their re 
 solves or votes, as the act of the town, at a legal town meeting, 
 denying, in the most express terms, the supremacy of Parliament, 
 and inviting every other town and district in the province, to 
 adopt the same principle, and to establish committees of corres 
 pondence, to consult upon proper measures to maintain it, and 
 the proceedings of divers other towns, in consequence of this in 
 vitation, appeared to me to be so unwarrantable, and of such a 
 dangerous nature and tendency, that I thought myself bound to call 
 upon you in my speech at opening the session, to join with me in 
 discountenancing and bearinga proper testimony against such ir 
 regularities and innovations?^ 
 
 1 stated to you fairly ancTtruly, as I conceived, the constitution 
 of the kingdom and of the province, so far as relates to the depend 
 ence of the former upon the latter; and I desired you, if you dif 
 fered from me in sentiments, to show me, with candor, my own 
 errors, and to give your reasons in support of your opinions, so 
 far as you might differ from me. I hoped that you would have 
 considered my speech by your joint committees, and have given 
 me a joint answer ; but, as the House of Representatives have de 
 clined that mode of proceeding, and as your principles in govern 
 ment are very different, I am obliged to make separate and dis 
 tinct replies. I shall first apply myself to you, 
 
 Gentlemen of the Council, 
 
 \The two first parts of your answer, which respect the disorders 
 occasioned by the stamp act, and the general nature of supreme 
 authority, do not appear to me to have a tendency to invalidate 
 any thing which I have said in my speech ; for, however the stamp 
 act may have been the immediate occasion of any disorders, the 
 authority of Parliament was, notwithstanding, denied, in order to 
 justify or excuse them. And, for the nature of the supreme autho 
 rity of Parliament, I have never given you any reason to suppose, 
 that I intended a more absolute power in Parliament, or a greater 
 degree of active or passive obedience in the people, than what is 
 founded in the nature of government, let the form of it be what it 
 may. I shall, therefore, pass over those parts of your answer, 
 without any other remark. I would also have saved you the trou 
 ble of all those authorities whicl} you have brought to show, that 
 
MASSACHUSETTS STATE PAPERS. 369 
 
 all taxes upon Knglish subjects, must be levied by virtue of the 
 act, Hot of the King alone, but in conjunction with the Lords and 
 Commons, for I should very readily have allowed it; and I should 
 as readily have allowed, that all other acts of legislation must be 
 passed by the same joint authority, and not by the King alone. 
 
 Indeed, I am not willing to continue a controversy with you, 
 upon any other parts of your answer. I am glad to find, that in 
 dependence is not what you have in contemplation, and that you 
 will not presume to prescribe the exact limits of the authority of 
 Parliament, only, as with due deference to it, you are humbly of 
 opinion, that, as all human authority in the nature of it is, and 
 ought to be limited, it cannot constitutionally extend, for the rea 
 sons you have suggested, to the levying of taxes, in any form, on 
 his Majesty s subjects of this province. 
 
 I will only observe, that your attempts to draw a line as the 
 limits of the supreme authority in government, by distinguishing 
 some natural rights, as more peculiarly exempt from such autho 
 rity than the rest, rather tend to evince the impracticability of 
 drawing such a line ; and, that some parts of your answer seem to 
 Infer a supremacy in the province, at the same time that you ac 
 knowledge the supremacy of Parliament ; for otherwise, the rights 
 of the subjects cannot be the same in all essential respects, as you 
 suppose them to be, in all parts of the dominions, * 4 under a like 
 form of Legislature." 
 
 From these, therefore, and other considerations, I cannot help 
 flattering myself, that, upon more mature deliberation, and in or 
 der to a more consistent plan of government, you will choose rather 
 to doubt of the expediency of Parliament s exercising its authority 
 In cases that may happen, than to limit the authority itself, espe 
 cially, as you agree with me in the proper method of obtaining a 
 reclress of grievances by constitutional representations, which can 
 not well consist with a denial of the authority to which the repre 
 sentations are made ; arid from the best information I have been 
 able to obtain, the denial of the authority of Parliament, express 
 ly, or by implication, in those petitions to which you refer, was the 
 cause of their not being admitted, and not any advice given by the 
 Minister to the Agents of the colonies. I must enlarge, and be 
 more particular in my reply to you, 
 
 Gentlemen of the House of Representatives. 
 
 I shall take no notice of that part of your answer, which attri 
 butes the disorders of the province, to an undue exercise of the 
 power of Parliament ; because you take for granted, what can by 
 no means be admitted, that Parliament had exercised its power 
 without just authority. The sum of your answer, so far as it is 
 pertinent to my speech, is this. 
 
 You allege that the colonies were an acquisition of foreign ter 
 ritory, not annexed to the realm of England ; and, therefore, at the 
 47 
 
370 MASSACHUSETTS STATE PAPERS. 
 
 absolute disposal of the Crown ; the King having, as you take it, a 
 constitutional right to dispose of, and alienate any part of his ter 
 ritories, not annexed to the realm ; that Queen Elizabeth accord 
 ingly conveyed the property, dominion, and sovereignty of Vir 
 ginia, to Sir Walter Jlaleigh, to be held of the Crown by homage 
 and a certain render, without reserving any share in the legisla 
 tive and executive authority ; that the subsequent grants of Ame 
 rica were similar in this respect ; that they were without any re 
 servation for securing the subjection of the colonists to the Parlia 
 ment, and future laws of England ; that this was the sense of the 
 English Crown, the nation, and our predecessors, when they first 
 took possession of this country ; that if the colonies were not then, 
 annexed to the realm, they cannot have been annexed since that 
 time ; that if they are not now annexed to the realm, they are not 
 part of the kingdom ; and, consequently, not subject to the legis 
 lative authority of the kingdom 5 for no country, by the common 
 law, was subject to the laws or to the Parliament, but the realm ot 
 England. 
 
 Now, if this foundation shall fail you in every part of it, as T 
 think it will, the fabric which you have raised upon it must cer 
 tainly fall. 
 
 Let me then observe to you, that as English subjects, and agree 
 able to the doctrine of feudal tenure, all our lands and tenements 
 are held mediately, or immediately of the Crown, and although the 
 possession and use, or profits, be in the subject, there still remains 
 a dominion in the Crown. When any new countries are discov 
 ered by English subjects, according to the general law and usage 
 of nations, they become part of tlie state, and, according to the 
 feudal system, the lordship or dominion, is in the Crown ; and a 
 right accrues of disposing of such territories, under such tenure, 
 or for such services to be performed, as the Crown shall judge 
 proper ; and whensoever any part of such territories, by grant 
 from the Crown, becomes the possession or property of private 
 persons, such persons, thus holding, under the Crown of England, 
 remain, or become subjects of England, to all intents and purposes, 
 as fully, as if any of the royal manors, forests, or other territory, 
 
 qithm the realm, had been granted to them upon the like tenure. 
 
 mt, that it is now, or was, when the plantations were first granted. 
 :JTe prerogative of the Kings of England to alienate such territo 
 ries from the Crown, or to constitute a number of new govern 
 ments, altogether independent of the sovereign legislativftauthority 
 of the English empire, I can by no means concede to yooV ^ nave 
 never seen any better authority to support such an opinion, than an 
 anonymous pamphlet, by which, I fear, you have too easily been 
 misled ; for I shall presently show you, that the declarations ol 
 King James the I. and of King Charles the I. admitting they are 
 truly related by the author of this pamphlet, ought to have no 
 weight with you 5 nor does the cession or restoration, upon a treaty 
 
MASSACHUSETTS STATE PAPERS. 371 
 
 of peace, of countries which have been lost or acquired in war, 
 militate with these principles 5 nor may any particular act of power 
 of a prince, in selling, or delivering up any part of his dominions 
 to a foreign prince or state, against the general sense of the na 
 tion, be urged to invalidate them ; and, upon examination, it will 
 appear, that all the grants which have been made of America, are 
 founded upon them, and are made to conform to them, even those 
 which you have adduced in support of very different principles. 
 
 You do not recollect, that prior, to what you call the first grant 
 by Queen Elizabeth to Sir Walter Raleigh, a grant had been made 
 by the same Princess, to Sir Humphrey Gilbert, of all such coun 
 tries as he should discover, which were to be of the allegiance of 
 her, her heirs and successors 5 but he dying in the prosecution of 
 his voyage, a second grant was made to Sir Walter Raleigh, which, 
 you say, conveyed the dominion and sovereignty, without any re 
 serve of legislative or executive authority, being held by homage 
 and a render. To hold by homage, which implies fealty, arid a 
 render, is descriptive of soccagc tenure as fully, as if it had been 
 said to hold as of our manor of East Greenwich, the words in your 
 charter. Now, this alone was a reserve of dominion and sove 
 reignty in the Queen, her heirs and successors; and, besides this, 
 the grant is made upon this express condition, which you pass 
 over, that the people remain subject to the Crown of England, the 
 head of that legislative authority, which, by the English constitu 
 tion, is equally extensive with the authority of the Crown, through 
 out every part of the dominions. Now, if we could suppose the 
 Queen to have acquired, separate from her relation to her subjects, 
 or in her natural capacity, which she could not do, a title to a 
 country discovered by her subjects, and then to grant the same 
 country to English subjects, in her public capacity as Queen of 
 England, still, by this grant, she annexed it to the Crown. Thus 
 by not distinguishing between the Crown of England, and the Kings 
 and Queens of England, in their personal or natural capacities, you 
 have been led into a fundamental error, which must prove fatal to 
 your system. It is not material, whether Virginia reverted to the 
 Crown by Sir Walter s attainder, or whether he never took any 
 benefit from his grant, though the latter is most probable, seeing he 
 ceased from all attempts to take possession of the country after a 
 few years trial. There were, undoubtedly, divers grants made by 
 King James the I. of the continent of America, in the beginning oJ 
 the seventeenth century, and similar to the grant of Queen Eliza 
 beth, in this respect, that they were dependent on the Crown. 
 The charter to the Council at Plymouth, in Devon, dated Novem 
 ber 3, 1620, more immediately respects us, and of that we have 
 the most authentic remains. 
 
 By this charter, upon the petition of Sir Ferdinando Gorges, a 
 corporation was constituted,- to be, and continue by succession, 
 forever in the town of Plymouth aforesaid, to which corporation, 
 
372 MASSACHUSETTS STATE PAPERS. 
 
 that part of the American continent, which lies between 40 and 
 48 degrees of latitude, was granted, to be held of the King, his 
 heirs and successors, as of the manor of East Greenwich, with 
 powers to constitute subordinate governments in America, and to 
 make laws for such governments, not repugnant to the laws and 
 statutes of England. From this corporation, your predecessors 
 obtained a grant of the soil of the colony of Massachusetts Bay, in 
 1627, and in 1628, they obtained a charter from King Charles the 
 I. making them a distinct corporation, also within the realm, and 
 giving them full powers within the limits of their patent, very like 
 to those of the Council of Plymouth, throughout their more exten 
 sive territory. 
 
 We will now consider what must have been the sense of the 
 King, of the nation, and of the patentees, at the time of granting^ 
 these patents. From the year 1602, the banks and sea coasts of 
 New England had been frequented by English subjects, for catch 
 ing and drying cod fish. When an exclusive right to the fishery 
 was claimed, by virtue of the patent of 1620, the House of Com 
 mons was alarmed, and a bill was brought in for allowing a free 
 fishery ; and, it was upon this occasion, that one of the Secretaries 
 of State declared, perhaps, as his own opinion, that the plantations 
 were not annexed to the Crown, and so were not within the juris 
 diction of Parliament. Sir Edwin Sandys, who was one of the 
 Virginia Company, and an eminent lawyer, declared, that he knew 
 Virginia had been annexed, and was held of the Crown, as of the 
 manor of East Greenwich, and he believed New England was so 
 also ; and so it most certainly was. This declaration, made by one 
 of the King s servants, you say, shewed the sense of the Crown, 
 and, being not secretly, but openly declared in Parliament, you 
 would make it the sense of the nation also, notwithstanding your 
 own assertion, that the Lords and Commons passed a bill, that 
 shewed their sense to be directly the contrary. But if there had 
 been full evidence of express declarations* made by King James the 
 I. and King Charles the I. they were declarations contrary to their 
 own grants, which declare this country to be held of the Crown, 
 and, consequently, it must have been annexed to it. And may 
 not such declarations be accounted for by other actions of those 
 princes, who, when they were soliciting the Parliament to grant 
 the duties of tonnage and poundage, with other aids, and were, in 
 this way, acknowledging the rights of Parliament, at the same time 
 were requiring the payment of those duties, with ship money, &c. 
 by virtue of their prerogative ? 
 
 "* But to remove all doubts of the sense of the nation, and of the 
 patentees of this patent, or charter, in 1620, 1 need only refer you 
 to the account published by Sir Ferdinando Gorges himself, of the 
 proceedings in Parliament upon this occasion. As he was the 
 most active Member of the Council of Plymouth, and, as he relates 
 tvhat came within his own knowledge and observation, his narra- 
 
MASSACHUSETTS STATE PAPERS. 373 
 
 tive, which has all the appearance of truth and sincerity, must 
 carry conviction with it. He says, that soon after the patent was 
 passed, and whilst it lay in the Crown Office, he was summoned to 
 appear in Parliament, to answer what was to be objected against 
 it ; and the House being in a committee, and Sir Edward Coke, 
 that great oracle of the law, in the chair, he was called to the bar, 
 and was told by Sir Edward, that the House understood that a 
 patent had been granted to the said Ferdinaudo, and divers other 
 noble persons, for establishing a colony in New England, that this 
 was deemed a grievance of the Commonwealth, contrary to the 
 laws, and to the privileges of the subject, that it was a monopoly, 
 &c. and he required the delivery of the pateiit into the House. 
 Sir Ferdinand o Gorges made no doubt of the authority of the 
 House, but submitted to their disposal of the patent, as, in their 
 wisdom, they thought good ; " not knowing, under favor, how any 
 action of that kind could be a grievance to the public, seeing it was 
 undertaken for the advancement of religion, the enlargement of 
 the bounds of our nation, &c. He was willing, however, to sub 
 mit the whole to their honorable censures." After divers attend 
 ances, he imagined he had satisfied the House, that the planting 
 a colony, was of much more consequence, than a simple disorderly 
 course of fishing. He was, notwithstanding, disappointed ; and, 
 when the public grievances of the kingdom were presented by the 
 two Houses, that of the patent for New England was the first. I 
 do not know how the Parliament could have shewn more fully the 
 sense they then had of their authority over this new acquired ter 
 ritory ; nor can we expect better evidence of the sense which the 
 patentees had of it, for I know of no historical fact, of which we 
 have less reason to doubt. 
 
 And now, gentlemen, I will shew you how it appears from our 
 charter itself, which you say, I have not yet been pleased to point 
 out to you, except from that clause, which restrains us from mak 
 ing laws repugnant to the laws of England ; that it was the sense 
 of our predecessors, at the time when the charter was granted, that 
 they were to remain subject to the supreme authority of Parlia 
 ment. 
 
 Besides this clause, which I shall have occasion further to re 
 mark upon, before I finish, you will find, that, by the charter, a grant 
 was made, of exemption ifrom all taxes and impositions upon any 
 goods imported into New England, or exported from thence into 
 England, for the space of twenty-one years, except the custom of 
 five per cent, upon such goods, as, after the expiration of seven years, 
 should be brought into England. Nothing can be more plain, than 
 that the charter, as well as the patent to the Council of Plymouth, 
 constitutes a corporation in England, with powers to create a sub 
 ordinate government or governments within the plantation, so that 
 there would always be subjects of taxes and impositions both in 
 the kingdom and in the plantation. An exemption for twenty- 
 
374 MASSACHUSETTS STATE PAPERS. 
 
 one years, implies a right of imposition after the expiration of the 
 term, and there is no distinction between the kingdom and the 
 plantation. By what authority then, in thje understanding of the 
 parties, were those impositions to be laid ? If any. to support a 
 system, should say by the King, rather than to acknowledge the 
 authority of Parliament, yet this could not be the sense of one of 
 our principal patentees, Mr. Samuel Vassal, who, at that instant, 
 1628, the date of the charter, was suffering the loss of his goods, 
 rather than submit to an imposition laid by the King, without the 
 authority of Parliament ; and to prove, that a few years after, it 
 could not be the sense of the rest, I need only to refer you to your 
 own records for the year 1642, where you will find an order of the 
 House of Commons, conceived in such terms, as discover a plain 
 reference to this part of the charter, after fourteen years of the 
 twenty-one were expired. By this order, the House of Commons 
 declare, that all goods and merchandize exported to New England, 
 or imported from thence, shall be free from all taxes and imposi 
 tions, both in the kingdom and New England, until the House 
 shall take further order therein to the contrary. The sense which 
 our predecessors had of the benefit which they took from this or 
 der, evidently appears from the vote of the General Court, ac 
 knowledging their humble thankfulness, and preserving a grateful 
 remembrance of the honorable respect from that high court, and 
 resolving, that the order sent unto them, under the hand of the 
 Clerk of the honorable House of Commons, shall be entered among 
 their public records, to remain there unto posterity. And, in an 
 address to Parliament, nine years after, they acknowledge, among 
 other undeserved favors, that of taking oft* the customs from them. 
 I am at a loss to know what your ideas could be, when you say, 
 that if the plantations are not part of the realm, they are not part 
 of the kingdom, seeing the two words can properly convey but one 
 idea, and they have one and the same signification in the different 
 languages from whence they are derived. I do not charge you 
 with any design ; but the equivocal use of the word realm, in seve 
 ral parts of your answer, makes them perplexed and obscure. 
 Sometimes you must intend the whole dominion, which is subject 
 to the authority of Parliament ; sometimes only strictly the terri 
 torial realm to which other dominions are, or may be annexed. If 
 you mean that no countries, but the ancient territorial realm, can, 
 constitutionally, be subject to the supreme authority of England, 
 which you have very incautiously said, is a rule of the common 
 law of England ; this is a doctrine which you will never be able 
 to support. That the common law should be controled and chang 
 ed by statutes, every day s experience teaches, but that the com 
 mon law prescribes limits to the extent of the Legislative power, 
 I believe has never been said upon any other occasion. That acts 
 of Parliaments, for several hundred years past, have respected 
 countries, which are not strictly within the realm, you might easily 
 
MASSACHUSETTS STATE PAPERS. 375 
 
 have discovered by the statute books. You will find acts for reg 
 ulating the affairs of Ireland, though a separate and distinct king 
 dom. Wales and Calais, whilst they sent no Representatives to 
 Parliament, were subject to the like regulations ; so are Guernsey, 
 Jersey, Alderney, &c. which send no Members to this day. These 
 countries are not more properly a part of the ancient realm, than 
 the plantations, nor do I know they can more properly be said to 
 be annexed to the realm, unless the declaring that acts of Parlia 
 ment shall extend to Wales, though not particularly named, shall 
 make it so, which I conceive it does not, in the sense you intend. 
 
 Thus, I think, I have made it appear that the plantations, though 
 not strictly within the realm, have, from the beginning, been con 
 stitutionally subject to the supreme authority of the realm, and are 
 so far annexed to it, as to be, with the realm and the other de 
 pendencies upon it, one entire dominion ; and that the plantation, 
 or colony of Massachusetts Bay in particular, is holden as feuda 
 tory of the imperial Crown of England. Deem it to be no part of 
 the realm, it is immaterial ; for, to use the words of a very great 
 authority in a case, in some respects analogous, " being feuda 
 tory, the conclusion necessarily follows, that it is under the govern 
 ment of the King s laws and the King s courts, in cases proper for 
 them to interpose, though (like Counties Palatine) it has peculiar 
 laws and customs, jura regalia, and complete jurisdiction at 
 home." 
 
 Your remark upon, and construction of the words, not repug 
 nant to the laws of England, are much the same with those of the 
 Council 5 but, can any reason be assigned, why the laws of Eng 
 land, as they stood just at that period, should be pitched upon as 
 the standard, more than at any other period ? If so, why was it 
 not recurred to, when the second charter was granted, more than 
 sixty years after the first ? It is not improbable, that the original 
 intention might be a repugnancy in general, and a fortiori, such 
 laws as were made more immediately to respect us, but the sta 
 tute of 7th and 8th of King William and Queen Mary, soon after 
 the second charter, favors the latter construction only ; and the 
 province agent, Mr. Dummer, in his much applauded defence of 
 the charter, says, that, then a law in the plantations may be said 
 to be repugnant to a law made in Great Britain, when it flatly con 
 tradicts it, so far, as the law made there, mentions and relates to 
 the plantations. But, gentlemen, there is another clause, both in 
 the first and second charter, which, I think, will serve to explain 
 this, or to render all dispute upon the construction of it unneces 
 sary. You are enabled to impose such oaths only, as are warrant 
 able by, or not repugnant to the laws and statutes of the realm. 
 I believe you will not contend, that these clauses must mean such 
 oaths only, as were warrantable at the respective times when the 
 charters were granted. It has often been found necessary, since 
 the date of the charters^ to alter the forms of the oaths to the gov- 
 
376 MASSACHUSETTS STATE PAPERS. 
 
 eminent by acts of Parliament, and such alterations have always 
 been conformed to in the plantations. 
 
 Lest you should think that I admit the authority of King Charles 
 the II. in giving his assent to an act of the Assembly of Virginia, 
 which you subjoin to the authorities of James the I. and Charles 
 the I. to have any weight, I must observe to you, that I do not see 
 any greater inconsistency with Magna Charta, in the King s giving 
 his assent to an act of a subordinate Legislature immediately, or 
 in person, than when he does it mediately by his Governor or Sub 
 stitute; but, if it could be admitted, that such an assent discovered 
 the King s judgment that Virginia was independent, would you 
 lay any stress upon it, when the same King was, from time to time, 
 giving his assent to acts of Parliament, which inferred the depemi- 
 ence of all the colonies, and had by one of those acts, declared the 
 plantations to be inhabited and peopled by his Majesty s subjects 
 of England ? 
 
 1 gave you no reason to remark upon the absurdity of a grant to 
 persons born within the realm, of the same liberties which would 
 have belonged to them, if they had been born within the realm 5 
 but rather guarded against it, by considering such grant as declar 
 atory only, and in the nature of an assurance, that the plantations 
 would be considered as the dominions of England. But is there 
 no absurdity in a grant from the King of England, of the liberties 
 and immunities of Englishmen to persons born in, and who are to 
 inhabit other territories than the dominions of England ; and would 
 such grant, whether by charter, or other letters patent, be sufficient 
 to make them inheritable, or to entitle them to the other liberties 
 and immunities of Englishmen, in any part of the English domin 
 ions ? 
 
 As I am willing to rest the point between us, upon the planta 
 tions having been, from their first discovery and settlement under 
 the Crown, a part of the dominions of England, I shall not take up 
 any time in remarking upon your arguments, to show, that since 
 that time, they cannot have been made a part of those dominions. 
 
 The remaining parts of your answer, are principally intended to 
 prove, that under both charters, it hath been the sense of the peo 
 ple, that they were riot subject to the jurisdiction of Parliament, 
 and, for this purpose, you have made large extracts from the history 
 of the colony. Whilst you are doing honor to the book, by laying 
 any stress upon its authority, it would have been no more than 
 justice to the author, if you had cited some other passages," which 
 would have tended to reconcile the passage in my speech, to the 
 history. I have said, that except about the time of the anarchy, 
 which preceded the restoration of King Charles the II. I have not 
 discovered that the authority of Parliament had been called in 
 question, even by particular persons. It was, as I take it, from 
 the principles imbibed in those times of anarchy, that the persons 
 of influence, mentioned in, the history, disputed the authority of 
 
MASSACHUSETTS STATE PAPERS. 377 
 
 Parliament, but the government would not venture to dispute it. 
 On the contrary, in four or five years after the restoration, the 
 government declared to the King s commissioners, that the act of 
 navigation had been for some years observed here, that they knew 
 not of its being greatly violated, and that such laws as appeared 
 to be against it, were repealed. It is not strange, that these per 
 sons of influence, should prevail upon a great part of the people to 
 fall in, for a time, with their opinions, and to suppose acts of the 
 colony necessary to give force to acts of Parliament. The govern 
 ment, however, several years before the charter was vacated, more 
 explicitly acknowledged the authority of Parliament, and voted 
 that their Governor should take the oath required of him, faith 
 fully to do, and perform all matters and things, enjoined him by 
 the acts of trade. I have not recited in my speech, all these par 
 ticulars, nor had I them all in my mind ; but, I think, I have said 
 nothing inconsistent with them. My principles in government, are 
 still the same, with what they appear to be in the book, you refer 
 to ; nor am I conscious, that by any part of my conduct, I have 
 given cause to suggest the contrary. 
 
 Inasmuch, as you say, that I have not particularly pointed out 
 to you the acts and doings of the General Assembly, which relate 
 to acts of Parliament ; I will do it now, and demonstrate to you, 
 that such acts have been acknowledged by the Assembly, or sub 
 mitted to by the people. 
 
 From your predecessors removal to America, until the year 1640, 
 there was no session of Parliament: and the first short session, of 
 a few days only, in 1640, and the whole of the next session, un 
 til the withdraw of the King, being taken up in the disputes 
 between the King and the Parliament, there could be no room for 
 plantation affairs. Soon after the King s withdraw, the House of 
 Commons passed the memorable order of 1642; and, from that 
 time to the restoration, this plantation seems to have been distin 
 guished from the rest ; and the several acts and ordinances, which 
 respected the other plantations, were never enforced here ; and, 
 possibly, under color of the exemption, in 1642, it might not be 
 intended they should be executed. 
 
 For fifteen or sixteen years after the restoration, there was no 
 officer of the customs in the colony, except the Governor, annually 
 elected by the people, and the acts of trade were but little regard 
 ed ; nor did the Governor take the oath required of Governors, by 
 the act of the 12th of King Charles the II. until the time which I 
 have mentioned. Upon the revolution, the force of an act of Par 
 liament was evident, in a case of as great importance, as any which 
 could happen to the colony. King William and Queen Mary were 
 proclaimed in the colony, King and Queen of England, France, 
 and Ireland, and the dominions thereunto belonging, in the room 
 of King James ; and this, not by virtue of an act of the colony, for 
 no such act ever passed, but by force of an act of Parliament, which 
 48 
 
378 MASSACHUSETTS STATE PAPERS. 
 
 altered the succession to the Crown, and for which, the people 
 waited several weeks, with anxious concern. By force of another 
 act of Parliament, and that only, such officers of the colony as had 
 taken the oaths of allegiance to King James, deemed themselves 
 at liberty to take, and accordingly did take, the oaths to King 
 William and Queen Mary. And that I may mention other acts 
 of the like nature together, it is by force of an act of Parliament, 
 that the illustrious house of Hanover succeeded to the throne of 
 Britain and its dominions, and by several other acts, the forms of 
 the oaths have, from time to time, been altered ; and, by a late 
 act, that form was established which every one of us has com 
 plied with, as the charter, in express words, requires, and makes 
 our duty. Shall we now dispute, whether acts of Parliament have 
 been submitted to, when we find them submitted to, in points which 
 are of the very essence of our constitution ? If you should disown 
 that authority, which has power even to change the succession to 
 the Crown, are you in no danger of denying the authority of our 
 most gracious Sovereign, which I am sure none of you can have in. 
 your thoughts ? 
 
 I think I have before shewn you, gentlemen, what must have 
 been the sense of our predecessors, at the time of the first charter ; 
 let us now, whilst we are upon the acts and doings of the Assem 
 bly, consider what it must have been at the time of the second 
 charter. Upon the first advice of the revolution, in England, the 
 authority which assumed the government, instructed their agents 
 to petition Parliament to restore the first charter, and a bill for 
 that purpose, passed the House of Commons, but went no fur 
 ther. Was not this owning the authority of Parliament ? By an 
 act of Parliament, passed in the first year of King William and 
 Queen Mary, a form of oaths was established, to be taken by those 
 Princes, and by all succeeding Kings and Queens of England, at 
 their coronation ; the first of which is, that they will govern the 
 people of the kingdom, and the dominions thereunto belonging, 
 according to the statutes in Parliament agreed on, and the laws 
 and customs of the same. When the colony directed their agents 
 to make their humble application to King William, to grant the 
 second charter, they could have no other pretence, than, as they 
 were inhabitants of part of the dominions of England ; and they 
 also knew the oath the King had taken, to govern them according 
 to the statutes in Parliament. Surely, then, at the time of this 
 charter, also, it was the sense of our predecessors, as well as of 
 the King and of the nation, that there was, and would remain, a 
 supremacy in the Parliament. About the same time, they ac 
 knowledge, in an address to the King, that they have no power to 
 make laws repugnant to the laws of England. An/1? immediately 
 after the assumption of the powers of government, by virtue of the 
 new charter, an act was passed to revive, for a limited time, all 
 the local laws of the colonies of Massachusetts Bay and New Ply- 
 
MASSACHUSETTS STATE PAPERS. 379 
 
 mouth, respectively, not repugnant to the laws of England. And, 
 at the same session, an act passsed, establishing naval officers, in 
 several ports of the province, for which, this reason is given ; that 
 all undue trading, contrary to an act of Parliament, made in the 
 15th year of King Charles the II. may be prevented in this, their 
 Majesty s province. The act of this province, passed so long ago 
 as the second year of King George the I. for stating the fees of 
 the custom house officers, must have relation to the acts of Par 
 liament, by which they are constituted ; and the provision made in 
 that act of the province, for extending; the port of Boston to all the 
 roads, as far as Cape Cod, could be for no other purpose, than for 
 the more effectual carrying the acts of trade into execution. And, 
 to come nearer to the present time, when an act of Parliament had 
 passed, in 1771, for putting an end to certain unwarrantable 
 schemes, in this province, did the authority of government, or 
 those persons more immediately affected by it, ever dispute the va 
 lidity of it ? On the contrary, have not a number of acts been 
 passed in the province, the burdens to which such persons were 
 subjected, might be equally apportioned ; and have not all those 
 acts of the province been very carefully framed, to prevent their 
 militating with the act of Parliament ? I will mention, also, an 
 act of Parliament, made in the first year of Queen Anne, although 
 the proceedings upon it, more immediately respected the Council. 
 By this act, no office, civil or military, shall be void, by the death 
 of the King, but shall continue six months, unless suspended, or 
 made void, by the next successor. By force of this act, Governor 
 Dudley continued in the administration six months from the de 
 mise of Queen Anne, and immediately after, the Council assumed 
 the administration, and continued it, until a proclamation arrived 
 from King George, by virtue of which, Governor Dudley reassumed 
 the government. It would be tedious to enumerate the addresses, 
 votes and messages, of both the Council and House of Represent 
 atives, to the same purpose. I have said enough to shew that this 
 government has submitted to Parliament, from a conviction of its 
 constitutional supremacy, and this not from inconsideration, nor 
 merely from reluctance at the idea of contending with the parent state. 
 If, then, I have made it appear, that both by the first and second 
 charters, we hold our lands, and the authority of government, not 
 of the King, but of the Crown of England, that being a dominion 
 of the Crown of England, we are consequently subject to the su 
 preme authority of England. That this hath been the sense of this 
 plantation, except in those few years when the principles of anar 
 chy, which had prevailed in the kingdom, had not lost their influ 
 ence here ; and if, upon a review of your principles, they shall 
 appear to you to have been delusive and erroneous, as I think 
 they must, or, if you shall only be in doubt of them, you certainly 
 will not draw that conclusion, which otherwise you might do, and 
 which I am glad you have hitherto avoided ; especially when you 
 
380 MASSACHUSETTS STATE PAPERS. 
 
 consider the obvious and inevitable distress and misery of inde 
 pendence upon our mother country, if such independence could 
 be allowed or maintained, and the probability of much greater dis 
 tress, which we are not able to foresee. 
 
 You ask me, if we have not reason to fear we shall soon be re 
 duced to a worse situation than that of the colonies of France, 
 Spain, or Holland. I may safely affirm that we have not ; that 
 we have no reason to fear any evils from a submission to the au 
 thority of Parliament, equal to what we must feel from its autho- / 
 rity being disputed, from an uncertain rule of law and government. 
 For more than seventy years together, the supremacy of Parlia 
 ment was acknowledged, without complaints of grievance. The 
 effect of every measure cannot be foreseen by human wisdom. 
 What can be expected more, from any authority, than, when the 
 unfitness of a measure is discovered, to make it void ? When, 
 upon the united representations and complaints of the American 
 colonies, any acts have appeared to Parliament, to be unsalutary, 
 have there not been repeated instances of the repeal of such acts ? 
 We cannot expect these instances should be carried so far, as to be 
 equivalent to a disavowal, or relinquishment of the right itself. 
 Why, then, shall we fear for ourselves, and our posterity, greater 
 rigor of government for seventy years to come, than what we, 
 and our predecessors have felt, in the seventy years past. 
 
 You must give me leave, gentlemen, in a few words, to vindicate 
 myself from a charge, in one part of your answer, of having, by my 
 speech, reduced you to the unhappy alternative of appearing, by 
 your silence, to acquiesce in my sentiments, or of freely discussing 
 this point of the supremacy of Parliament. I saw, as I have before 
 observed, the capital town of the province, without being reduced 
 to such an alternative, voluntarily, not only discussing but deter 
 mining this point, and inviting every other town and district in 
 the province to do the like. I saw that many of the principal towns 
 had followed the example, and that there was imminent danger ot 
 a compliance in most, if not all the rest, in order to avoid being 
 distinguished. Was not I reduced to the alternative of rendering 
 myselt justly obnoxious to the displeasure of my Sovereign, by ac 
 quiescing in such irregularities, or of calling upon you to join with 
 me in suppressing them ? Might I not rather have expected from 
 you an expression of your concern, that any persons should project 
 and prosecute a plan of measures, which would lay me under the 
 necessity of bringing this point before you ? It was so far from be 
 ing my inclination, that nothing short of a sense of my duty to the 
 King, and the obligations I am under to consult your true interest, 
 could have compelled me to it. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives^ 
 We all profess to be the loyal and dutiful subjects of the King 
 
MASSACHUSETTS STATE PAPERS. 381 
 
 of Great Britain. His Majesty considers the British empire as 
 one entire dominion, subject to one supreme legislative power ; a 
 due submission to which, is essential to the maintenance of the 
 fights, liberties and privileges of the several parts of this dominion. 
 We have abundant evidence of his Majesty s tender and impartial 
 regard to the rights of his subjects 5 and I am authorised to say, 
 that " his Majesty will most graciously approve of every constitu 
 tional measure that may contribute to the peace, the happiness, and 
 prosperity of his colony of Massachusetts Bay, and which may have 
 the effect to shew to the world, that he has no wish beyond that 
 of reigning in the hearts and affections of his people." 
 
 T. HUTCHINSON. 
 
 ANSWER 
 
 OF THE COUNCIL TO THE SPEECH OF GOVERNOR HUTCHINSON, 
 OF FEBRUARY SIXTEENTH FEBRUARY 25, 1773. 
 
 May it please your Excellency, ^ 
 
 As a small part only of your Excellency s last speech to both, j 
 Houses, is addressed to the Board, there are but a few clauses on 
 which we shall remark. 
 
 With regard to the disorders that have arisen, your Excellency 
 and the Board, have assigned different causes. The cause you 
 are pleased to assign, together with the disorders themselves, we 
 suppose to be effects, arising from the stamp act, and certain other 
 acts of Parliament. If we were not mistaken in this, which you 
 do not assert, it so far seems to invalidate what is said in your 
 speech, on that head. 
 
 We have taken notice of this only, because it stands connected 
 with another matter, on which we would make a few further ob 
 servations. What we refer to, is the general nature of supreme 
 authority. We have already offered reasons, in which your Ex 
 cellency seems to acquiesce, to shew that, though the term su 
 preme* sometimes carries with it the idea of unlimited authority, it 
 cannot, in that sense, be applied to that which is human. What 
 is usually denominated the supreme authority of a nation, must 
 nevertheless be limited in its acts to the objects that are properly 
 or constitutionally cognizable by it. To illustrate our meaning, 
 we beg leave to quote a passage from your speech, at the opening 
 of the session, where your Excellency says, " so much of the spirit 
 of liberty breathes through all parts of the English constitution, 
 that, although from the nature of government, there must be one 
 supreme authority over the whole ; yet, this constitution will admit 
 
382 MASSACHUSETTS STATE PAPERS. 
 
 I of subordinate powers, with legislative and executive authority, 
 greater or less, according to local and other circumstances." This 
 is very true, and implies that the legislative and executive author 
 ity granted to the subordinate powers, should extend and operate, 
 as far as the grant allows ; and that, if it does not exceed the lim 
 its prescribed to it, and no forfeiture be incurred, the supreme 
 power has no rightful authority to take away or diminish it, or to 
 substitute its own acts, in cases wherein the acts of the subordi 
 nate power can, according to its constitution, operate. To suppose 
 the contrary, is to suppose, that it has no property in the privileges 
 granted to it ; for, if it holds them at the will of the supreme power, 
 which it must do, by the above supposition, it can have no property 
 in them. Upon which principle, which involves the contradiction, 
 that what is granted, is, in reality, not granted, no subordinate 
 power can exist. But, as in fact, the two powers are not 
 incompatible, and do subsist together, each restraining its acts 
 to their constitutional objects, can we not from hence, see how the 
 supreme power may supervise, regulate, and make general laws 
 for the kingdom, without interfering with the privileges of the sub 
 ordinate powers within it ? And also, see how it may extend its 
 care and protection to its colonies, without injuring their consti 
 tutional rights ? What has been here said, concerning supreme 
 authority, has no reference to the manner in which it has been, in 
 fact, exercised ; but is wholly confined to its general nature. And, 
 if it conveys any just idea of it, the inferences that have been, at 
 any time, deduced from it, injurious to the rights of the colonists, 
 are not well founded ; and have, probably, arisen from a miscon 
 ception of the nature of that authority. 
 
 Your Excellency represents us, as introducing a number of au 
 thorities, merely to shew, that " all taxes upon English subjects, 
 must be levied by virtue of the act, not of the King alone, but in 
 conjunction with the Lords and Commons;" and, are pleased to 
 add, that "you should very readily have allowed it; and you 
 should as readily have allowed, that all other acts of legislation, 
 must be passed by the same joint authority, and not by the King 
 alone." Your Excellency " would have saved us the trouble of all 
 those authorities ;" and, on our part, we should have been as wil 
 ling to have saved your Excellency the trouble of dismembering 
 our argument, and from thence, taking occasion to represent it in 
 a disadvantageous light, or rather, totally destroying it. 
 
 Injustice to ourselves, it is necessary to recapitulate that argu 
 ment, adduced to prove the inhabitants of this province are not, 
 constitutionally, subject to Parliamentary taxation. In order 
 thereto, we recurred to Magna Charta, and other authorities. 
 And the argument abridged, stands thus : that, from those author 
 ities, it appears an essential part of the English constitution, 
 "that no tallage, or aid, or tax, shall be laid or levied, without the 
 good will and assent of the freemen of the commonalty of the 
 
MASSACHUSETTS STATE PAPERS. 383 
 
 realm." That, from common law, and the province charter, the 
 inhabitants of this province are clearly entitled to all the rights of 
 free and natural subjects, within the realm. That, among those 
 rights, must be included the essential one just mentioned, concern 
 ing aids and taxes ; and therefore, that no aids or taxes can be 
 levied on us, constitutionally, without our own consent, signified 
 by our Representatives. From whence, the conclusion is clear, 
 that therefore, the inhabitants of this province are not, constitution 
 ally, subject to Parliamentary taxation. 
 
 We did not bring those authorities to shew the tax acts, or any 
 other acts of Parliament, in order to their validity, must have the 
 concurrence of King, Lords, and Commons ; but to shew, that it 
 has been, at least from the time of Magna Charta, an essential 
 right of free subjects within the realm, to be free from all taxes, but 
 such as were laid with their own consent. And it was proper to 
 shew this, as the rights and liberties, granted by the province char 
 ter, were to be equally extensive, to all intents and purposes, with 
 those enjoyed by free and natural subjects within the realm. 
 Therefore, to shew our own right in relation to taxes, it was neces 
 sary to shew the rights of freemen within the realm, in relation to 
 them ; and for this purpose, those authorities were brought, and not 
 impertinently, as we humbly apprehend. Nor have we seen rea 
 son to change our sentiments with respect to this matter, or any I 
 other contained in our answer to your Excellency s speech. 
 
 In the last clause of your speech, your Excellency informs the 
 two Houses, " you are authorised to say, that his Majesty will 
 most graciously approve of every constitutional measure, that may 
 contribute to the peace, the happiness and prosperity of his colony 
 of Massachusetts Bay." We have the highest sense of his Majes 
 ty s goodness in his gracious disposition to approve of such mea 
 sures, which, as it includes his approbation of the constitutional 
 rights of his subjects of this colony, manifests his inclination to 
 protect them in those rights ; and to remove the incroachments 
 that have been made upon them. Of this act of royal goodness, 
 they are not wholly unworthy, as in regard to loyalty, duty, and 
 affection to his Majesty, they stand among the foremost of his faith 
 ful subjects. 
 
 [The committee who prepared this answer, were, Mr. Bowdoin, 
 Col. Otis, Mr. Dexter, Col. Ward, and Mr. Spooner.] 
 
384: MASSACHUSETTS STATE PAPERS, 
 
 ANSWER 
 
 OF THE HOUSE OF REPRESENTATIVES TO THE SPEECH OF THE 
 GOVERNOR, OF FEBRUARY SIXTEENTHS-MARCH 2, 1773. 
 
 May it please your Excellency, 
 
 (IN your speech, at the opening of the present session, yoiu 
 Excellency expressed your displeasure, at some late proceedings 
 of the town of Boston, and other principal towns in the province. 
 And, in another speech to both Houses, we have your repeated 
 exceptions at the same proceedings, as being " unwarrantable," 
 and of a dangerous nature and tendency ; " against which, you 
 thought yourself bound to call upon us to join with you in bearing 
 a proper testimony." This House have not discovered any prin 
 ciples advanced by the town of Boston, that are unwarrantable by 
 the constitution 5 nor does it appear to us, that they have " invit 
 ed every other town and distrinct in the province, to adopt their 
 principles." We are fully convinced, that it is our duty to bear 
 our testimony against " innovations, of a dangerous nature and 
 tendency ;" but, it is clearly our opinion, that it is the indisputa 
 ble right of all, or any of his Majesty s subjects, in this province, 
 regularly and orderly to meet together, to state the grievances they 
 labor under ; and, to propose, and unite in such constitutional 
 measures, as they shall judge necessary or proper, to obtain re 
 dress. This right has been frequently exercised by his Majesty s 
 subjects within the realm ; and, we do not recollect an instance, 
 since the happy revolution, when the two Houses of Parliament 
 have been called upon to discountenance, or bear their testimony 
 against it, in a speech from the throneTV 
 
 Your Excellency is pleased to takebitice of some things, which 
 we " allege," in our answer to your first speech ; and, the obser 
 vation you make, we must confess, is as natural, and undeniably 
 true, as any one that could have been made ; that, " if our founda 
 tion shall fail us in every part of it, the fabric we have raised upon 
 it, must certainly fall." You think this foundation will fail us ; 
 but, we wish your Excellency had condescended to a considera 
 tion of \vhat we have " adduced in support of our principles." 
 We might then, perhaps, have had some things offered for our con 
 viction, more than bare affirmations ; which, we must beg to be 
 excused, if we say, are far from being sufficient, though they came 
 with your Excellency s authority, for which, however, we have a 
 due regard. 
 
 Your Excellency says, that, " as English subjects, and agreeable 
 to the doctrine of the feudal tenure, all our lands are held medi 
 ately, or immediately, of the Crown." We trust, your Excellency 
 does not mean to introduce the feudal system in its perfection : 
 
MASSACHUSETTS STATE PAPERS. 385 
 
 which, to use the words of one of our greatest historians, was " a 
 state of perpetual war, anarchy, and confusion, calculated solely for 
 defence against the assaults of any foreign power 5 but, in its provi 
 sion for the interior order and tranquillity of society, extremely de 
 fective. A constitution, so contradictory to all the principles that 
 govern mankind, could never be brought about, but by foreign con 
 quest or native usurpation." And, a very celebrated writer calls it ? 
 " that most iniquitous and absurd form of government, by which 
 human nature was so shamefully degraded." This system of ini 
 quity, by a strange kind of fatality, " though originally formed for 
 an encampment, and for military purposes only, spread over a great 
 part of Europe ;" and, to serve the purposes of oppression and ty 
 ranny, " was adopted by princes, and wrought into their civil con 
 stitutions ;" and, aided by the canon law, calculated by the Roman 
 Pontiff, to exalt himself above all that is called God, it prevailed to 
 the almost utter extinction of knowledge, virtue, religion, and lib 
 erty from that part of the earth. But, from the time of the reform 
 ation, in proportion as knowledge, which then darted its rays upon 
 the benighted world, increased, and spread among the people, they 
 grew impatient under this heavy yoke ; and the most virtuous and 
 sensible among them, to whose steadfastness, we, in this distant age 
 and climate, are greatly indebted, were determined to get rid of it ; 
 and, though they have in a great measure subdued its power and 
 influence in England, they have never yet totally eradicated its 
 principles. 
 
 Upon these principles, the King claimed an abselute right to, and 
 a perfect estate in, all the lands within his dominions ; but, how he 
 came by this absolute right and perfect estate, is a mystery which 
 we have never seen unravelled, nor is it our business or design, at 
 present, to inquire. He granted parts or parcels of it to his friends, 
 the great men, and they granted lesser parcels to their tenants. 
 All, therefore, derived their right and held their lands, upon these 
 principles, mediately or immediately of the King ; which Mr. Black- 
 stone, however, calls, u in reality, a mere fiction of our English 
 tenures." 
 
 By what right, in nature and reason, the Christian princes in Eu 
 rope, claimed the lands of heathen people, upon a discovery made 
 by any of their subjects, is equally mysterious. Such, however, was 
 the doctrine universally prevailing, when the lands in America were 
 discovered ; but, as the people of England, upon those principles, 
 held all the lands they possessed, by grants from the King, and the 
 King had never granted the lands in America to them, it is certain 
 they could have no sort of claim to them. Upon the principles ad 
 vanced, the lordship and dominion, like that of the lands in England, 
 was in the King solely ; and a right from thence accrued to him, of 
 disposing such territories, under such tenure, and for such services 
 to be performed, ajs the King or Lord thought proper. Bat bow 
 49 
 
386 MASSACHUSETTS STATE PAPERS. 
 
 the grantees became subjects of England, that is, the supreme au 
 thority of the Parliament, your Excellency has not explained to us. 
 We conceive that upon the feudal principles, all power is in the 
 King ; they afford us no idea of Parliament. " The Lord \vas in 
 early times, the Legislator and Judge over all his feudatories," says 
 Judge Blackstone. By the struggle for liberty in England, from 
 the days of King John, to the last happy revolution, the constitu 
 tion has been gradually changing for the better ; and upon the more 
 rational principles, that all men. by nature, are in a state of equality 
 in respect of jurisdiction and dominion, power in England has been, 
 more equally divided. And thus, also, in America, though we hold 
 our lands agreeably to the feudal principles of the King ; yet our 
 predecessors wisely took care to enter into compact with the King, 
 that power here should also be equally divided, agreeable to the 
 original fundamental principles of the English constitution, declared 
 in Magna Charta, and other laws and statutes of England, made to 
 confirm them. 
 
 Your Excellency says, " you can by no means concede to us that 
 it is now, or was, when the plantations were first granted, the pre 
 rogative of the Kings of England, to constitute a number of new 
 governments, altogether independent of the sovereign authority of 
 the English empire." By the feudal principles, upon which you say 
 " all the grants which have been made of America, are founded, the 
 constitutions of the Emperor, have the force of law." If our gov 
 ernment be considered as merely feudatory, we are subject to the 
 King s absolute will, and there is no authority of Parliament, as the 
 sovereign authority of the British empire. Upon these principles, 
 what could hinder the King s constituting a number of independent 
 governments in America ? That King Charles the I. did actually 
 set up a government in this colony, conceding to it powers of mak 
 ing and executing laws, w ithout any reservation to the English Par 
 liament, of authority to make future laws binding therein, is a fact 
 which your Excellency has not disproved, if you have denied it. 
 Nor have you shewn that the Parliament or nation objected to it ; 
 from whence we have inferred that it was an acknowledged right. 
 And we cannot conceive, why the King has not the same right to 
 alienate and dispose of countries acquired by the discovery of his 
 subjects, as he has to a restore, upon a treaty of peace, countries 
 which have been acquired in war," carried on at the charge of the 
 nation ; or to a sell and deliver up any part of his dominions to a 
 foreign Prince or state, against the general sense of the nation ;" 
 which is u an act of power," or prerogative, which your Excellency 
 allows. You tell us, that, " when any new countries are discovered 
 by English subjects, according to the general law and usage of na 
 tions, they become part of the state. The law of nations is, or 
 ought to be, founded on the law of reason. It was the saying of 
 Sir Edwin Sandis ? in the great case of the union of the realm of 
 
MASSACHUSETTS STATE PAPERS. 387 
 
 Scotland with England, which is applicable to our present purpose, 
 that " there being no precedent for this case in the law, the law is 
 deficient ; and the law being deficient, recourse is to be had to cus 
 tom ; and custom being insufficient, we must recur to natural rea 
 son ;" the greatest of all authorities, which, he adds, " is the law of 
 nations." The opinions, therefore, and determinations of the great 
 est Sages and Judges of the law in the Exchequer Chamber, ought not 
 to be considered as decisive or binding, in our present controversy 
 with your Excellency, any further, than they are consonant to natu 
 ral reason. If, however, we were to recur to such opinions and 
 determinations, we should find very great authorities in our favor, 
 to show, that the statutes of England are not binding on those who 
 are not represented in Parliament there. The opinion of Lord 
 Coke, that Ireland was bound by statutes of England, wherein they 
 were named, if compared with his other writings, appears manifestly 
 to be grounded upon a supposition, that Ireland had, by an act of 
 their own, in the reign of King John, consented to be thus bound ; 
 and, upon any other supposition, this opinion would be against rea 
 son ; for consent only gives human laws their force. We beg leave, 
 upon what your Excellency has observed of the colony becoming a 
 part of the state, to subjoin the opinions of several learned civilians, 
 as quoted by a very able lawyer in this country. a Colonies," says 
 Puifendorf, " are settled in different methods ; for, either the 
 colony continues a part of the Commonwealth it was set out from, 
 or else is obliged to pay a dutiful regard to the mother Common 
 wealth, and to be in readiness to defend and vindicate its honor, 
 and so is united by a sort of unequal confederacy ; or, lastly, is 
 erected into a separate Commonwealth, and assumes the same 
 rights, with the state it descended from." And, King Tullius, as 
 quoted by the same learned author, from Grotius, says, u we look 
 upon it to be neither truth nor justice, that mother cities, ought, of 
 necessity, and by the law of nature, to rule over the colonies." 
 
 Your Excellency has misinterpreted what we have said, u that no 
 country, by the common law, was subject to the laws or the Parlia 
 ment, but the realm of England ;" and, are pleased to tell us, u that 
 we have expressed ourselves incautiously." We beg leave to re 
 cite the words of the Judges of England, in the before mentioned 
 case, to our purpose. " If a King go- out of England with a com 
 pany of his servants, allegiance remaineth among his subjects and 
 servants, although he be out of his realm, whereto his laws are con 
 fined." We did not mean to say, as your Excellency would sup 
 pose, that " the common law prescribes limits to the extent of the 
 Legislative power," though, we shall always affirm it to be true, of 
 the law of reason and natural equity. Your Excellency thinks, you 
 have made it appear, that the " colony of Massachusetts Bay is hold- 
 en as feudatory of the imperial Crown of England ;" and, therefore, 
 you say, " to use the words of a very great authority in a case, in, 
 
388 MASSACHUSETTS STATE PAPERS. 
 
 some respects analogous to it," being feudatory, it necessarily fol 
 lows, that ** it is under the government of the King s laws." Your 
 Excellency has not named this authority ; but, we conceive his 
 meaning must be, that being feudatory, it is under the government 
 of the King s laws absolutely ; for, as we have before said, the feu 
 dal system admits of no idea of the authority of Parliament ; and 
 this would have been the case of the colony, but for the compact 
 With the King in the charter. 
 
 Your Excellency says, that " persons thus holding under the 
 Crown of England, remain, or become subjects of England," by 
 which, we suppose your Excellency to mean, subject to the supreme 
 authority of Parliament, " to all intents and purposes, as fully, as 
 if any of the royal manors, &c. within the realm, had been granted 
 to them upon the like tenure." We apprehend, with submission, 
 your Excellency is mistaken in supposing that our allegiance is due 
 to the Crown of England. Every man swears allegiance for him 
 self, to his own King, in his natural person. u Every subject is 
 presumed by law to be sworn to the King, which is to his natural 
 person," says Lord Coke. Rep. on Calvin s case. " The allegi 
 ance is due to his natural body ;" and, he says, " in the reign of 
 Edward II. the Spencers, the father and the son, to cover the trea 
 son hatched in their hearts, invented this damnable and damned 
 opinion, that homage and oath of allegiance was more by reason of 
 the King s Crown, that is, of his politic capacity, than by reason of 
 the person of the King ; upon which opinion, they inferred execra 
 ble and detestable consequents." The Judges of England, all but 
 one, in the case of the union between Scotland and England, de 
 clared, that " allegiance followeth the natural person, not the poli 
 tic ;" and, a to prove the allegiance to be tied to the body natural 
 of the King, and not to the body politic, the Lord Coke cited the 
 phrases of divers statutes, mentioning our natural liege Sovereign." 
 If, then, the homage and allegiance is not to the body politic of the 
 King, then it is not to him as the head, or any part of that Legisla 
 tive authority, which your Excellency says, a is equally extensive 
 with the authority of the Crown throughout every part of the do 
 minion ;" and your Excellency s observations thereupon, must fail. 
 The same Judges mention the allegiance of a subject to the Kings 
 of England, who is out of the reach and extent of the laws of Eng 
 land, which is perfectly reconcileable with the principles of our an 
 cestors, quoted before from your Excellency s history, but, upon 
 your Excellency s principles, appears to us to be an absurdity. The 
 Judges, speaking of a subject, say, " although his birth was out of 
 the bounds of the kingdom of England, and out of the reach and 
 extent of the laws of England, yet, if it were within the allegiance 
 of the King of England, &c. Normandy, Aquitain, Gascoign, and 
 other places, within the limits of France, and, consequently, out of 
 the realm or bounds of the kingdom of England, were in subjection 
 
MASSACHUSETTS STATE PAPERS. 389 
 
 to the Kings of England." And the Judges say, u Rex et Regnum, 
 be not so relatives, as a King can be King but of one kingdom, 
 which clearly holdeth not, but that his kingly power extending to 
 divers nations and kingdoms, all owe him equal subjection, and are 
 equally born to the benefit of his protection ; and, although he is to 
 govern them by their distinct laws, yet any one of the people com 
 ing into the other, is to have the benefit of the laws, wheresoever 
 he cometh." So they are not to be deemed aliens, as your Excel 
 lency in your speech supposes, in any of the dominions, all which 
 accords with the principles our ancestors held. " And he is to bear 
 the burden of taxes of the place where he cometh, but living in one, 
 or for his livelihood in one, he is not be taxed in the other, because 
 laws ordain taxes, impositions, and charges, as a discipline of sub 
 jection, particularized to every particular nation." Nothing, we 
 think, can be more clear to our purpose than this decision of Judges, 
 perhaps as learned, as ever adorned the English nation, or in favor 
 of America, in her present controversy with the mother state. 
 
 Your Excellency says, that, by a our not distinguishing between 
 the Crown of England, and the Kings and Queens of England, in 
 their personal or natural capacities, w r e have been led into a funda 
 mental error." Upon this very distinction we have availed our 
 selves. We have said, that our ancestors considered the land, which 
 they took possession of in America, as out of the bounds of the 
 kingdom of England, and out of the reach and extent of the laws of 
 England ; and, that the King also, even in the act of granting the 
 charter, considered the territory as not within the realm ; that the 
 King had an absolute right in himself to dispose of the lands, and 
 that this was not disputed by the nation ; nor could the lands, on 
 any solid grounds, be claimed by the nation ; and, therefore, our 
 ancestors received the lands, by grant, from the King ; and, at the 
 same time, compacted with him, and promised him homage and al 
 legiance, not in his public or politic, but natural capacity only. If 
 it be difficult for us to show how the King acquired a title to this 
 country in his natural capacity, or separate from his relation to his 
 subjects, which we confess, yet we conceive, it will be equally 
 difficult for your Excellency to show how the body politic and nation 
 of England acquired it. Our ancestors supposed it was acquired by 
 neither ; and, therefore, they declared, as we have before quoted 
 from your history, that saving their actual purchase from the natives, 
 of the soil, the dominion, the lordship, and sovereignty, they had in 
 the sight of God and man, no right and title to what they possessed. 
 How much clearer then, in natural reason and equity, must our title 
 be, who hold estates dearly purchased at the expense of our own, 
 as well as our ancestors labor, and defended by them with treasure 
 and blood. 
 
 Your Excellency has been pleased to confirm, rather than deny 
 or confute, a piece of history, which, you say, we took from an ano- 
 
390 MASSACHUSETTS STATE PAPERS. 
 
 nymous pamphlet, and by which you " fear we have been too easily 
 misled." It may be gathered from your own declaration, and other 
 authorities,, besides the anonymous pamphlet, that the House of 
 Commons took exception, not at the King s having made an abso 
 lute grant of the territory, but at the claim of an exclusive right to 
 the fishery on the banks and sea coast, by virtue of the patent. At 
 this you say, a the House of Commons was alarmed, and a bill 
 was brought in for allowing a free fishery." And, upon this occa 
 sion, your Excellency allow s, that u one of the Secretaries of State 
 declared, that the plantations \vere not annexed to the Crown, and 
 so were not within the jurisdiction of Parliament." If we should 
 concede to what your Excellency supposes might possibly, or, " per 
 haps," be the case, that the Secretary made this declaration, u as 
 his own opinion," the event showed that it was the opinion of the 
 King too ; for it is not to be accounted for upon any other princi 
 ple, that he would have denied his royal assent to a bill, formed for 
 no other purpose, but to grant his subjects in England, the privilege 
 of fishing on the sea coasts in America. The account published by 
 Sir Ferdinando Gorges himself, of the proceedings of Parliament oif 
 this occasion, your Excellency thinks, will remove all doub.t, of the 
 sense of the nation, and of the patentees of this patent or charter, 
 in 1620. " This narrative," you say, " has all the appearance of 
 truth and sincerity," which we do not deny ; and, to us, it carries 
 this conviction with it, that a what was objected" in Parliament, 
 was the exclusive claim of fishing only. His imagining that he had 
 satisfied the House, after divers attendances, that the planting a col 
 ony was of much more consequence than a simple disorderly course 
 of fishing, is sufficient for our conviction. We know that the na 
 tion was at that time alarmed with apprehensions of monopolies ; 
 and, if the patent of New England was presented by the two Houses 
 as a grievance, it did not show, as your Excellency supposes, " the 
 sense they then had of their authority over this new acquired terri 
 tory," but only their sense of the grievance of a monopoly of the 
 sea. 
 
 We are happy to hear your Excellency say, that " our remarks 
 upon, and construction of the words, not repugnant to the laws of 
 England, are much the same with those of the Council." It serves 
 to confirm us in our opinion, in what we take to be the most im 
 portant matter of difference between your Excellency and the two 
 Houses. After saying, that the statute of 7th and 8th of William 
 and Mary favors the construction of the words, as intending such 
 laws of England as are made more immediately to respect us, you 
 tell us, that u the province Agent, Mr. Dummer, in his much ap 
 plauded defence, says, that, then a law of the plantations may be 
 said to be repugnant to a law made in Great Britain, when it flatly 
 contradicts it, so far as the law made there, mentions and relates to 
 the plantations." This is plain and obvious to common sense, and, 
 
MASSACHUSETTS STATE PAPERS. 391 
 
 therefore, cannot be denied. But, if your Excellency would read a 
 page or two further in that excellent defence, you will see that he 
 mentions this as the sense of the phrase, as taken from an act of 
 Parliament, rather than as the sense he would choose himself to put 
 upon it ; and, he expressly designs to show, in vindication of the 
 charter, that, in that sense of the words, there never was a law made 
 in the plantations repugnant to the laws of Great Britain. He gives 
 another construction, much more likely to be the true intent of 
 the words, namely, " that the patentees shall not presume, under 
 color of their particular charters, to make any laws inconsistent 
 with the great charter, and other laws of England, by which the 
 lives, liberties, and properties of Englishmen are secured." This 
 13 the sense in which our ancestors understood the words ; and., 
 therefore, they are unwilling to conform to the acts of trade, and 
 disregarded them till they made provision to give them force in the 
 colony, by a law of their own ; saying, that " the laws of England 
 did not reach America ; and those acts were an invasion of their 
 rights, liberties, and properties," because they were not a repre 
 sented in Parliament." The right of being governed by laws., 
 which were made by persons, in whose election they had a voice, 
 they looked upon as the foundation of English liberties. By the 
 compact with the King, in the charter, they were to be as free in 
 America, as they would have been if they had remained within the 
 realm ; and, therefore, they freely asserted, that they " were to be 
 governed by laws made by themselves, and by officers chosen by 
 themselves." Mr. Dummer says, " it seems reasonable enough 
 to think that the Crown," and, he might have added, our ancestors, 
 " intended by this injunction to provide for all its subjects, that 
 they might not be oppressed by arbitrary power ; but being still 
 subjects, they should be protected by the same mild laws, and en 
 joy the same happy government, as if they continued within the 
 realm." And, considering the words of the charter in this light, he 
 looks upon them as designed to be a fence against oppression and 
 despotic power. But the construction which your Excellency puts 
 upon the words, reduces us to a state of vassalage, and exposes us 
 to oppression and despotic power, whenever a Parliament shall see 
 fit to make laws for that purpose, and put them in execution. 
 
 We natter ourselves, that, from the large extracts we have made 
 from your Excellency s history of the colony, it appears evidently, 
 that under both charters, it hath been the sense of the people and 
 of the government, that they were not under the jurisdiction of 
 Parliament. We pray you again to turn to those quotations, and 
 our observations upon them ; and we wish to have your Excellen 
 cy s judicious remarks. When we adduced that history, to prove 
 that the sentiments of private persons of influence, four or five 
 years after the restoration, were very different from what your Ex 
 cellency apprehended them to be, when you delivered your speech. 
 
MASSACHUSETTS STATE PAPERS. 
 
 you seem to concede to it, by telling us, " it was, as you take it- 
 from the principles imbibed in those times of anarchy, (preceding 
 the restoration,) that they disputed the authority of Parliament ;" 
 but, you add, " the government would not venture to dispute it." 
 We find in the same history, a quotation from a letter of Mr. 
 Stoughton, dated seventeen years after the restoration, mentioning 
 " the country s not taking notice of the acts of navigation, to observe 
 them." And it was, as we take it, after that time, that the govern 
 ment declared, in a letter to their Agents, that they had not sub 
 mitted to them ; and they ventured to " dispute" the jurisdiction, 
 asserting, that they apprehended the acts to be an invasion of the 
 rights, liberties, and properties of the subjects of his Majesty in the 
 colony, they not being represented in Parliament, and that " the 
 laws of England did not reach America." It very little avails in 
 proof, that they conceded to the supreme authority of Parliament, 
 their telling the Commissioners, " that the act of navigation had for 
 some years before, been observed here ; that they knew not of its 
 being greatly violated ; and that, such laws as appeared to be against 
 it, were repealed." It may as truly be said now, that the revenue 
 acts are observed by some of the people of this province ; but it 
 cannot be said that the government and people of this province have 
 conceded, that the Parliament had authority to make such acts to 
 be observed here. Neither does their declaration to the Commis 
 sioners, that such laws as appeared to be against the act of naviga 
 tion, were repealed, prove their concession of the authority of Par 
 liament, by any means, so much as their making provision for giving 
 force to an act of Parliament within this province, by a deliberate 
 and solemn act or law of their own, proves the contrary. 
 
 You tell us, that u the government, four or five years before the 
 charter was vacated, more explicitly," that is, than by a conversation 
 with the Commissioners, " acknowledged the authority of Parlia 
 ment, and voted, that their Governor should take the oath required 
 of him, faithfully to do and perform all matters and things enjoined 
 him by the acts of trade." But does this, may it please your Ex 
 cellency, show their explicit acknowledgment of the authority of 
 Parliament ? Does it not rather show directly the contrary ? For, 
 what could there be for their vote, or authority, to require him to 
 take the oath already required of him, by the act of Parliament, un 
 less both he, and they, judged that an act of Parliament was not of 
 force sufficient to bind him to take such oath ? We do not deny, 
 but, on the contrary, are fully persuaded, that your Excellency s 
 principles in governments are still of the same with what they ap 
 pear to be in the history ; for, you there say, that " the passing this 
 law, plainly shows the wrong sense they had of the relation they 
 stood in to England." But we are from hence convinced, that your 
 Excellency, when you wrote the history, was of our mind in this 
 respect, that our ancestors, in passing the law, discovered their opin- 
 
MASSACHUSETTS STATE PAPERS. 393 
 
 ion, that they were without the jurisdiction of Parliament; for it 
 was upon this principle alone, they shewed the wrong sense they 
 had in your Excellency s opinion, of the relation they stood in to 
 England. 
 
 Your Excellency, in your second speech, condescends to point 
 out to us the acts and doings of the General Assembly, which re 
 lates to acts of Parliament, which, you think, " demonstrates that 
 they have been acknowledged by the Assembly, or submitted to by 
 the people 5" neither of which, in our opinion, shows that it was 
 the sense of the nation, and our predecessors, when they first took 
 possession of this plantation, or colony, by a grant and charter from 
 the Crown, that they were to remain subject to the supreme au 
 thority of the English Parliament. 
 
 Your Excellency seems chiefly to rely upon our ancestors, after 
 the revolution, "proclaiming King William and Queen Mary, in the 
 room of King James," and taking the oaths to them, " the altera 
 tion of the form of oaths, from time to time," and finally, " the 
 establishment of the form, which every one of us has complied 
 with, as the charter, in express terms requires, and makes our du 
 ty." We do not know that it has ever been a point in dispute, 
 whether the Kings of England were ipso facto Kings in, and over, 
 this colony, or province. The compact was made between King 
 Charles the I. his heirs and successors, and the Governor and com 
 pany, their heirs and successors. It is easy, upon this principle, 
 to account for the acknowledgment of, and submission to King 
 William and Queen Mary, as successors of Charles the I. in the 
 room of King James ; besides, it is to be considered, th dt the peo 
 ple in the colony, as well as in England, had suffered under the 
 tyrant James, by which, he had alike forfeited his right to reign 
 over both. There had been a revolution here, as well as in Eng 
 land. The eyes of the people here, were upon William and Mary; 
 and the news of their being proclaimed in England, was, as your 
 Excellency s history tells us, " the most joyful news ever received 
 in New England." And, if they were not proclaimed here, " by 
 virtue of an act of the colony," it was, as we think may be con 
 cluded from the tenor of your history, with the general or univer 
 sal consent of the people, as apparently, as if" such act had pass 
 ed." It is consent alone, that makes any human laws binding; 
 and as a learned author observes, a purely voluntary submission 
 to an act, because it is highly in our favor and for our benefit, is 
 in all equity and justice, to be deemed as not at all proceeding 
 from the right we include in the Legislators, that they, thereby ob 
 tain an authority over us, and that ever hereafter, we must obey 
 them of duty. We would observe, that one of the first acts of the 
 General Assembly of this province, since the present charter, was 
 an act, requiring the taking the baths mentioned in an act of Par 
 liament, to which you refer us. For what purpose was this act of 
 the Assembly passed, if it was the sense of the Legislators that 
 50 
 
394 MASSACHUSETTS STATE PAPERS. 
 
 the act of Parliament was in force in the province ? And, at the 
 same time, another act was made for the establishment of other 
 oaths necessary to be taken 5 both which acts have the royal sanc 
 tion, and are now in force. Your Excellency says, that when the 
 colony applied to King William for a second charter, they knew 
 the oath the King had taken, which was to govern them according 
 to the statutes in Parliament, and (which your Excellency here 
 omits,) the laws and customs of the same. By the laws and cus 
 toms of Parliament, the people of England freely debate and con 
 sent to such statutes as are made by themselves, or their chosen 
 Representatives. This is a law, or custom, which all mankind may 
 justly challenge as their inherent right. According to this law, 
 the King has an undoubted right to govern us. Your Excellency, 
 upon recollection, surely will not infer from hence, that it was the 
 sense of our predecessors that there was to remain a supremacy in 
 the English Parliament, or a full power and authority to make 
 laws binding upon us, in all cases whatever, in that Parliament 
 where we cannot debate and deliberate upon the necessity or ex 
 pediency of any law, and, consequently, without our consent ; and, 
 as it may probably happen, destructive of the first law of society, 
 the good of the whole. You tell us, that " after the assumption 
 of all the powers of government, by virtue of the new charter, au 
 act passed for the reviving, for a limited time, all the local laws 
 of the Massachusetts Bay and New Plymouth respectively, not 
 repugnant to the laws of England. And, at the same session, an 
 act passed establishing naval officers, that all undue trading, con 
 trary to an act of Parliament, may be prevented." Among the 
 acts that were then revived, we may reasonably suppose, was that, 
 whereby provision was made to give force to this act of Parliament, 
 in the province. The establishment, therefore, of the naval officers, 
 was to aid the execution of an act of Parliament, for the observ 
 ance of which, within the colony, the Assembly had before made 
 provision, after free debates, with their own consent, and by their 
 own act. 
 
 The act of Parliament, passed in 1741, for putting an end to 
 several unwarrantable schemes, mentioned by your Excellency, 
 was designed for the general good ; and, if the validity of it was 
 not disputed, it cannot be urged as a concession of the supreme 
 authority, to make laws binding on us in all cases whatever. But, 
 if the design of it was for the general benefit of the province, it 
 was, in one respect, at least greatly complained of, by the persons 
 more immediately affected by it; and to remedy the inconvenience, 
 the Legislative of this province, passed an act, directly militating 
 with it; which is the strongest evidence, that although they may 
 have submitted, sub silentio, to some acts of Parliament, that they 
 conceived might operate for their benefit, they did not conceive 
 themselves bound by any of its acts, which, they judged, would 
 operate to the injury even of individuals. 
 
MASSACHUSETTS STATE PAPERS. 395 
 
 Your Excellency has not thought proper, to attempt to confute 
 the reasoning of a learned writer on the laws of nature and na 
 tions, quoted by us, on this occasion, to shew that the authority of 
 the Legislature does not extend so far as the fundamentals of the 
 constitution. We are unhappy in not having your remarks upon 
 the reasoning of that great man 5 and, until it is confuted, we shall 
 remain of the opinion, that the fundamentals of the constitution 
 being excepted from the commission of the Legislators, none of 
 the acts or doings of the General Assembly, however deliberate 
 and solemn, could avail to change them, if the people have not, in 
 very express terms, given them the power to do it ; and, that much 
 less ought their acts and doings, however numerous, which barely 
 refer to acts of Parliament made expressly to relate to us, to be 
 taken as an acknowledgment, that we are subject to the supreme - > 
 authority of Parliament. ^ 
 
 We shall sum up our own sentiments in the words of that learn- 
 ed writer, Mr. Hooker, in his Ecclesiastical Policy, as quoted by 
 Mr. Locke. " The lawful power of making laws to command whole 
 political societies of men, belonging so properly to the same en 
 tire societies, that for any prince or potentate of what kind soever, 
 to exercise the same of himself, and not from express commission, 
 immediately and personally received from God, is no better than 
 mere tyranny. Laws, therefore, they are not, which public ap 
 probation hath not made so 5 for laws human, of what kind soever, 
 are available by consent/ " Since men, naturally, have no full 
 and perfect power to command whole politic multitudes of men, 
 therefore, utterly without our consent, we could in such sort, be 
 at no man s commandment living. And to be commanded, we do 
 not consent, when that society, whereof we be a party, hath at any 
 time before consented. 51 We think your Excellency has not prov 
 ed, either that the colony is a part of the politic society of Eng 
 land, or that it lias ever consented that the Parliament of England 
 or Great Britain, should make laws binding upon us, in all cases, 
 whether made expressly to refer to us or not. 
 
 W r e cannot help, before we conclude, expressing our great 
 concern, that your Excellency has thus repeatedly, in a man 
 ner, insisted upon our free sentiments on matters of so deli 
 cate a nature and weighty importance. The question appears to 
 us, to be no other, than, whether we are the subjects of absolute un 
 limited power, or of a free government, formed on the principles 
 of the English constitution. If your Excellency s doctrine be true, 
 the people of this province hold their lands of the Crown and peo 
 ple of England ; and their lives, liberties, and properties, are at 
 their disposal, and that, even by compact and their own consent. 
 They were subject to the King as the head alterius populi of ano 
 ther people, in whose Legislative they have no voice or interest. 
 They are, indeed, said to have a constitution and a Legislative of 
 their own 5 but your Excellency has explained it into a mere phan 
 
396 MASSACHUSETTS STATE PAPERS. 
 
 torn ; limited, controled, superseded, and nullified, at the will of 
 another. Is this the constitution which so charmed our ancestors, 
 that, as your Excellency has informed us, they kept a day of so 
 lemn thanksgiving to Almighty God when they received it ? And 
 were they men of so little discernment, such children in under 
 standing, as to please themselves with the imagination, that they 
 were blessed with the same rights and liberties which natural born 
 subjects in England enjoyed, when, at the same time, they liad 
 fully consented to be ruled and ordered by a Legislative, a thou 
 sand leagues distant from them, which cannot be supposed to be 
 sufficiently acquainted with their circumstances, if concerned for 
 their interest, and in which, they cannot be in any sense repre 
 sented P 
 
 [The committee who reported the above, were, Mr. Gushing, 
 (the Speaker,) Mr. S. Adams, Mr. Hancock, Mr. Phillips, Maj. 
 Foster, Col. Bowers, Mr. Hobson, Col. Thayer, and Mr. DennyJ 
 
 r 
 
 RESOLUTIONS 
 
 OF THE HOUSE OF REPRESENTATIVES, RESEHCTING^THE SALARIES OF THE 
 JUSTICES OF THE SUPERIOR COURT, MARCH 3, 1773. 
 
 WHEREAS, by an act of the British Parliament, made and 
 passed in the sixth year of his present Majesty s reign, it is de 
 clared, that the King, Lords, and Commons, in Parliament assem 
 bled, have ever had, and of right ought to have, full power and 
 authority to make laws and statutes, of sufficient force and valid 
 ity, to bind the colonies and people of America, subjects of the 
 Crown of Great Britain, in all cases whatever ; and, afterwards, 
 the same Parliament made and passed an act for levying duties in 
 America, with the express purpose of raising a revenue, and to en 
 able his Majesty to appropriate the same for the necessary charges 
 of the administration of justice, and the support of civil government 
 in such colonies, where it shall be judged necessary, and towards 
 further defraying the expenses of defending, protecting, and secur 
 ing said dominions : And, his Majesty has been pleased, by virtue 
 of the last mentioned act, to appropriate a part of the revenue, 
 thus raised, against the consent of the people, in providing for the 
 support of the Governor of the province ; and from his Excellen 
 cy s message, of the 4th of February, we cannot but conclude, that 
 provision is made also for the support of the Judges of the Superior 
 Court of Judicature, independent of the grants and acts of the 
 General Assembly, contrary to invariable usage of this province ; 
 therefore, 
 
MASSACHUSETTS STATE PAPERS. 397 
 
 Kesolved, That the admitting of any authority to make laws, 
 binding on the people of this province, in all cases whatever, sav 
 ing the General Court or Assembly, is inconsistent with the spirit 
 of our free constitution, and is repugnant to one of the most essen 
 tial clauses in our charter, whereby the inhabitants are entitled to 
 all the liberties of free and natural born subjects, to all intents, 
 constructions, and purposes whatever, as if they had been born 
 within the realm of England. It reduces the people to the abso 
 lute will and disposal of a Legislature, in which they can have no 
 voice, and who may make it their interest to oppress and enslave 
 them. 
 
 Resolved, That by the royal charter aforesaid, " the General 
 Court or Assembly/ hath full power and authority to impose and 
 levy proportionable and reasonable assessments, rates and taxes, 
 upon the estates and persons, of all and every the proprietors and 
 inhabitants of the province, to be issued and disposed of, by war 
 rant, under the hand of the Governor, with the advice and consent 
 of the Council, for his Majesty s service, in the necessary defence 
 ai.d support of the government of the province, and the protection 
 and preservation of the inhabitants there, according to such acts 
 as are, or shall be, in force, within the province." And the mak 
 ing provision for the support of the Governor and Judges, other 
 wise than by the grants and acts of the General Court, or Assem 
 bly, is a violent breach of the most important clause in the charter: 
 the support of government, in which their support is included, be 
 ing one of the principal purposes, for which the clause was in 
 serted. 
 
 And, whereas, the independence, as well as the uprightness of 
 the Judges of the land, is essential to the impartial administration 
 of justice, and one of the best securities of the rights, liberty, and 
 property of the people ; therefore, 
 
 Resolved, That the making the Judges of the land independent 
 of the grants of the people, and altogether dependent on the 
 Crown, as they will be, if, while they thus hold their commissions 
 during pleasure, they accept of salaries from the Crown, is un 
 constitutional, and destructive of that security, which every good 
 member of civil society, has a just right to be assured of, under the 
 due execution of the laws ; and is directly the reverse of the con 
 stitution, and appointment of the Judges in Great Britain. 
 
 Resolved, That the -dependence of the Judges of the land on the 
 Crown, for their support, tends, at all times, especially, while they 
 hold their commissions during pleasure, to the subversion of jus 
 tice and equity, and to introduce oppression and despotic power. 
 
 Resolved, As the opinion of this House, that while the Justices 
 of the Superior Court hold their commissions during pleasure, any 
 one of them who shall accept of, and depend upon the pleasure of 
 the Crown for his support, independent of the grants and acts of 
 the General Assembly, will discover to the world, that he has not 
 
398 MASSACHUSETTS STATE PAPERS. 
 
 f*N 
 a due sense of the importance of an impartial administration of 
 justice, that he is an enemy to the constitution, and has it in his 
 heart to promote the establishment of an arbitrary government in 
 ( the province. 
 
 LETTER 
 
 FROM THE TWO HOUSES TO LORD DARTMOUTH, JUNE 20, 1773. 
 
 Province of Massachusetts Bay, June 29, 177 3. 
 
 31Y LORD, 
 
 THE reestablishment of the union and harmony, which for 
 merly subsisted between Great Britain and her colonies, is earn 
 estly to be wished by the friends of both. As your Lordship is one 
 of them, the two Houses of the Assembly of this province, beg 
 leave to address you. The original causes of the interruption of 
 that union and harmony, may probably be found in the letters sent 
 from hence to administration, and to other gentlemen of influence 
 in Parliament, since the appointment of Sir Francis Bernard to 
 the government of this province. And there is great reason to ap 
 prehend, that he and his coadjutors, originally recommended and 
 laid the plans for establishing the American revenue, out of which, 
 they expected large stipends and appointments for themselves, 
 and which, through their instrumentality, has been the occasion of 
 all the evils which have since taken place. When we had hum 
 bly addressed his Majesty, and petitioned both Houses of Parlia 
 ment, representing our grievance, and praying for the repeal of 
 the revenue acts, the like instruments, and probably the same, ex 
 erted themselves to prevent those petitions being laid before his 
 Majesty and the Parliament, or to frustrate the prayer of them. 
 Of this, we have just had some new and unexpected evidence, 
 from original letters of Governor Hutchinson and Lieutenant Gov- 
 ernor Oliver; in which the former, particularly and expressly, by 
 his letter of the 10th of December, 1768, endeavored, in coopera 
 tion with Governor Bernard, to frustrate a petition of a number of 
 the Council, for a repealing of those acts, and to procure his Ma 
 jesty s censure on the petitions : and the letters of the latter, by 
 the disadvantageous idea conveyed by them, of the two Houses of 
 Assembly, manifestly tended to create a prejudice against any pe 
 titions coming from a body of such a character. And his letter of 
 the llth of May, 1768, in particular, mentions the petitions of the 
 House of Representatives to his Majesty, and their letters to di 
 vers noble Lords, with such circumstances as had a tendency to 
 defeat the petition and render the letters of no effect. 
 
MASSACHUSETTS STATE PAPERS. 399 
 
 It is now manifest, my Lord, what practices and arts have been 
 used, to mislead administration, both in the first proposal of Amer 
 ican revenue acts, and in the continuance of them. But when 
 they had lost their force, and there appeared, under the influence 
 of your Lordship, a disposition in Parliament to repeal these acts, 
 his Excellency Governor Hutchinson, in his speech, at the opening 
 of the last session of the General Court, was pleased to throw out 
 new matter for contention and debate ; and to call on the two 
 Houses, in such a manner, as amounted to little short of a challenge 
 to answer him. Into such a dilemma were they brought by the 
 speech, that they were under a necessity of giving such answers to 
 it as they did, or of having their conduct construed into an acqui 
 escence with the doctrines contained in it, which would have been 
 an implicit acknowledgment, that the province was in a state of 
 subjection, differing very little from slavery. The answers were 
 the effect of necessity ; and this necessity occasioned great grief 
 to the two Houses. 
 
 The people of this province, my Lord, are true and faithful sub 
 jects of his Majesty, and think themselves happy in their connex 
 ion with Great Britain. They would rejoice at the restoration oi : 
 the harmony and good will that once subsisted between the parent 
 state and them. But it is in vain to expect this happiness, during 
 the continuance of their grievances, and while their charter rights, 
 one after another, are wrested from them. Among these rights, is 
 the supporting of the officers of the Crown, by grants from the 
 Assembly ; and in an especial manner, the supporting of the 
 Judges in the same way, on whose judgment the province is de 
 pendent, in the most important cases of life, liberty and property. 
 If warrants have not yet been, or if they already have been issued, 
 we earnestly beg the favor of your Lordship s interposition to sup 
 press, or recal them. 
 
 If your Lordship should condescend to ask, what are the mea 
 sures of restoring the harmony so much desired, we should an 
 swer, in a word, that we are humbly of opinion, if things were 
 brought to the general state, in which they stood at the conclusion 
 of the late war, it would restore the happy harmony, which, at that 
 time subsisted. Your Lordship s appointment to be principal 
 Secretary of State, for the American department, has given the 
 colonies the highest satisfaction. They think it a happy omen : 
 and that it will be productive of American tranquillity, consistent 
 with their rights, as British subjects. The two Houses humbly 
 hope for your Lordship s influence to bring about such a happy 
 event ; and, in the mean time, they can, with full confidence, rely 
 on your Lordship, that the machinations of Sir Francis Bernard, 
 and other known enemies of the peace of Great Britain and her 
 colonies, will not be suffered to prevent or delay it. 
 
 This letter, which has been agreed upon by both Houses, is, in 
 their name, and by their order, signed and transmitted to your 
 
400 MASSACHUSETTS STATE PAPERS. 
 
 Lordship, by, my Lord, your Lordship s most obedient and very 
 humble servant, THOMAS FLUCKER, Secretary. 
 
 [The Governor s speech, at the opening of the session, on the 
 last Wednesday of May, 1773, related entirely to the settling of 
 the boundary line, between Massachusetts and New York. The 
 Counsellors chosen, were all approved, except Jerathmeel Bovvers^ 
 William Phillips, and John Adams.] 
 
 RESOLUTIONS. 
 
 On motion of Mr. S. Adams, the following Resolutions were 
 adopted, 110 to 4, May 28, 1773. 
 
 WHEREAS the Speaker hath communicated to this House, a 
 letter from the truly respectable House of Burgesses, in his Majes 
 ty s ancient colony of Virginia, enclosing a copy of the resolves 
 entered into by them, on the 12th of March last, and requesting 
 that a committee of this House may be appointed, to communi 
 cate, from time to time, with a corresponding committee, then ap 
 pointed by the said House of Burgesses, in Virginia : 
 
 And, whereas this House is fully sensible of the necessity and 
 importance of a union of the several colonies in America, at a time 
 when it clearly appears, that the rights and liberties c !L?[j_ a ^J^Sk" 
 tematically invaded ; in order that the joint wisdom oTtfre "wnole. 
 TSe e mp 1 oy ecTi n consulting their common safety : 
 esolved, That this House have a very grateful sense of the ob 
 ligations they are under to the House of Burgesses, in Virginia, for 
 the vigilance, firmness and wisdom, which they have discovered, 
 at all times, in support of the rights and liberties ot the American 
 colonies ; and do heartily concur with them in their said judicious 
 and spirited resolves. 
 
 Resolved, Xbal^a^standing^ committee of correspondence. ad 
 inqijiryTJjfi^ap^oj^eJrito consist of fifteen Members, any eight of 
 whom, to be a quorum; whose business it shall be, to obtain the 
 most early and authentic intelligence, of all such acts and resolu 
 tions of the British Parliament, or proceedings of administrations 
 as may relate to, or affect the British colonies in America 5 and to 
 keep up, and maintain, a correspondence and communication with 
 our sister colonies, respecting these important considerations : and 
 the result of such their proceedings, from time to time, to lay be 
 fore the House. 
 
MASSACHUSETTS STATE PAPERS. 401 
 
 Resolved, That it be an instruction to the said committee, that 
 they do, without delay, inform themselves particularly of the prin 
 ciples and authority, on which was constituted a court of inquiry, 
 held in Rhode Island ; said to be vested with powers to transport 
 persons accused of offences, committed in America, to places be 
 yond the seas, to be tried.* 
 
 Resolved, That the said committee be further instructed to pre 
 pare and report to this House, a draft of a very respectful answer 
 to the letter, received from the Speaker of the honorable House of 
 Burgesses, of Virginia ; and another, to a letter received from the 
 Speaker of the honorable House of Representatives, of the colony 
 of Rhode Island ; also, a circular letter to the Speakers of the sev 
 eral other Houses of Assembly, on this continent ; enclosing the 
 aforesaid resolves, and requesting them to lay the same before 
 their respective Assemblies, in confidence, that they will readily 
 and cheerfully comply with the wise and salutary resolves of the 
 House of Burgesses, in Virginia. 
 
 [The committee of correspondence, chosen in pursuance of the 
 resolves aforesaid, were, Mr. Gushing, (the Speaker,) Mr. S. Ad 
 ams, Hon. John Hancock, Mr. William Phillips, Capt. William, 
 Heath, Hon. Joseph Hawley, James Warren, Esq. R. Derby, Jun. 
 Esq. Mr. Elbridge Gerry, J. Bowers, Esq. Jedediah Foster, Esq. 
 Daniel Leonard, Esq. Capt. T. Gardner, Capt. Jonathan Green- 
 leaf, and J. Prescott, Esq.] 
 
 LETTER 
 
 FROM THE HOUSE OF REPRESENTATIVES, ADDRESSED TO THE SPEAKER* 
 OF THE SEVERAL HOUSES OF ASSEMBLY, ON THE CONTINENT. 
 
 Boston, June 3, 1773. 
 
 SIR, 
 
 THE House of Representatives, of this province, being earn 
 estly attentive to the controversy between Great Britain and the 
 colonies, and considering that the authority claimed and exer 
 cised by Parliament, on the one side, and by the General Assem 
 bles of this continent, on the other, greatly militates, and is pro 
 ductive of this unhappy contention, think it of the utmost import 
 ance to the welfare of "both, and particularly of the colonies, that 
 the constitutional powers and rights of each, be inquired into, de 
 lineated and fully ascertained. 
 
 * * 5 Consequence of burning the Gaspee, a British armed vessel, which had greatly bar- 
 rassed the navigation ot Rhode Island, a court of inquiry was appointed, under the great 
 sea! of England, to be holden at Newport. They met once and again, but finally dissolv- 
 ed, without doing any thing important. It was supposed, that many persons, suspected of 
 burning the Gaspee, would have been sent to England for trial. 
 5 1 
 
4:02 MASSACHUSETTS STATE PAPERS. 
 
 That his Majesty s subjects of America, are entitled to the same 
 rights and liberties as those, of Great Britain, and that these ought, 
 in justice, by the constitution, to be as well guaranteed and secur 
 ed, to the one, as to the other, are too apparent to be denied. 
 
 It is, by this House, humbly conceived, to be likewise undenia 
 ble, that the authority assumed, and now forcibly exercised by Par 
 liament, over the colonies, is utterly subversive of freedom in the 
 latter; and that, while his Majesty s loyal subjects in America, 
 have the mortification, daily, to see new abridgements of their rights 
 and liberties, they have not the least security for those, which at 
 present remain. Were the colonists only atfected by a Legisla 
 tive, subject to their control, they would, even then, have no other 
 security than belongs to them by the laws of nature, and the Eng 
 lish constitution ; but, should the authority, now claimed by Par 
 liament, be fully supported by power, or submitted to by the colo 
 nies, it appears to this House, that there will be an end to liberty 
 in America ; and that the colonists will then change the name of 
 freemen, for that of slaves. 
 
 IB order to adjust and settle these important concerns, the free 
 and magnanimous Burgesses of Virginia, have proposed a method 
 for uniting the councils of its sister colonies ; and it appearing to 
 this House, to be a measure very wise and salutary, is cheerfully 
 received and heartily adopted. 
 
 With great respect for your honorable Assembly, and in confi 
 dence, that a matter which so nearly affects the safety of each col 
 ony, will be assisted by its wise councils, permit this House to en 
 close a copy of resolutions, lately entered into here ; and to request 
 you to communicate the same at a convenient opportunity. 
 
 THOMAS GUSHING, Speaker. 
 
 L[Juue 2, 1773, the gall cries having been cleared, by a vote of the 
 .louse, Mr. S. Adams observed, " that he perceived the minds of 
 the people were much agitated by a report, that letters, of an ex 
 traordinary nature, had been written and sent to England, greatly 
 to the prejudice of this province : that he had obtained certain let 
 ters, with different signatures, with the consent of the gentleman, 
 from whom he received them, that they should be read in the 
 House, under certain restrictions, namely, that the said letters be 
 neither printed nor copied, in whole, or in part," and he accord- 
 jflgly offered them for the consideration of the House. A vote then, 
 passed, that the letters be read ; and they were read accordingly : 
 being signed, Thomas Hutchinson, Andrew Oliver, Charles Pax- 
 ton, Robert Auchmuty, &c. The whole House was then resolved 
 into a committee, to take said letters into consideration, and the 
 House adjourned to the afternoon. Mr. Hancock, from the com- 
 
MASSACHUSETTS STATE PAPERS. 403 
 
 mittec of the whole House, reported, that the committee were of 
 opinion, the tendency and design of the said letters, was to over 
 throw the constitution of this government, and to introduce arbi 
 trary power into the province ; and the report was accepted, 101 to 
 5. A committee of nine, was thereupon chosen, to consider what 
 was proper to be done, in reference to the letters aforesaid ; and 
 the Speaker, (Mr. Gushing,) Mr. Adams, Mr. Hancock, Mr. Gor- j 
 
 ham, Mr. Pickering, Maj. Hawley, Col. Warren, Mr. Payne an<L i 
 
 Maj. Foster, were chosen.] 
 
 MESSAGE 
 
 FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVE^, 
 JUNE 3, 1773. 
 
 Gentlemen of the House of Representatives, 
 
 I AM informed, that certain private letters, said to have been 
 wrote by me, to a gentleman in England, lately deceased, were 
 yesterday laid before your House ; and, that you have come into 
 a resolution, or vote, that they tend to subvert the constitution. 
 
 I have never wrote any public or private letter, with such inten 
 tion, and am not conscious of any letter, which can have such an 
 effect. Before you take any further proceedings, I must desire, 
 that a transcript of the proceedings of yesterday, be laid before 
 me, and that I may be informed to what letters they refer, in or 
 der to my considering what steps are proper for me to take upon 
 the occasion. T. HUTCHINSON. 
 
 MESSAGE 
 
 FROM THE HOUSE OP REPRESENTATIVES TO THE GOVERNOR, 
 
 JUNE 5, 1773. 
 
 May it please your Excellency, 
 
 IN answer to your message, of the third of June, the House oi 
 Representatives have resolved, that the dates of certain letters, 
 now before them, referred to in the message, together with a tran 
 script of the proceedings of the House thereon, as requested by 
 your Excellency, be laid before you. 
 
 And, as your Excellency has been pleased, in your message to 
 
404 MASSACHUSETTS STATE PAPERS. 
 
 say, that you have never wrote any public or private letter, with an 
 intention to subvert the constitution, it is the desire of this House, 
 that your Excellency would be pleased to order, that copies belaid 
 before us, of such letters as your Excellency has written, of those 
 dates, relating to the public affairs of this province ; together with 
 such other letters, as your Excellency shall think proper. 
 
 [The committee, who prepared this message, were, Mr. Hancock, 
 Mr. Adams, Mr. Gerry, Mr. Pickering and Maj. Hawley.] 
 
 MESSAGE 
 
 FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
 JUNE 9, 1773. 
 
 Gentlemen of the House of Representatives, 
 
 BY your committee, you have laid before me the dates of six 
 original letters, with my signature to them, which have been 
 brought into your House, and read, together with other letters 
 from several other persons. You have also laid before me, an ex 
 tract from the journal of your proceedings, by which it appears, 
 you are of opinion, that the tendency and design of the letters, 
 thus read, was to overthrow the constitution of this government, 
 and to introduce arbitrary power into the province. 
 
 I find, by the dates of the letters with my signature, that, if gen 
 uine, they must be private letters, wrote to a gentleman in Lon 
 don, since deceased ; that all, except the last, were wrote many 
 months before I came to the chair ; that they were wrote, not only 
 with that confidence, which is always implied in a friendly corres 
 pondence, by private letters, but that they are expressly confiden 
 tial ; notwithstanding which, they contain nothing more respect 
 ing the constitution of the colonies in general, than what is con 
 tained in my speeches to the Assembly, and what I have published 
 in a more extensive manner to the world ; and there is not one 
 passage in them, which was ever intended to respect, or which, as 
 I am well assured, the gentleman to whom they were wrote, ever 
 understood to respect, the particular constitution of this govern 
 ment, as derived from the charter. 
 
 I am at a loss for what purpose you desire the copies of my let 
 ters, the originals of which, you have in your hands. If it is with 
 a view to make them public, the originals are more proper for that 
 purpose than the copies. I think it would be very improper, and 
 out of character in me, to lay my private letters before you, at 
 your request ; my public ones, I am restrained from laying before 
 you, without express leave from his Majesty. Thus much, how- 
 
MASSACHUSETTS STATE PAPERS. 405 
 
 ever, 1 may assure you, that it has not been the tendency and de 
 sign of them to subvert the constitution of this government, but 
 rather to preserve it entire ; and I have reason to think, they have 
 not been altogether ineffectual to that purpose. 
 
 T. HUTCHINSON. 
 
 MESSAGE 
 
 PROM THE HOUSE OF REPRESENTATIVES TO THE COUNCIL, JUNE 15, 1773. 
 
 May it please the Honorable Board, 
 
 THERE are certain letters, which have been laid before the 
 House, signed Thomas Hutchinson, Andrew Oliver, Charles Pax- 
 ton, and Robert Auchmuty, containing matters that nearly affect 
 the interest of this province, and some, particularly refer to the 
 conduct of the honorable Board ; therefore, the House have or 
 dered copies of the said letters, to be laid before the honorable 
 Board, that they may take such order thereon, as they shall judge 
 proper. The originals are, at present, in the hands of a committee 
 of the House ; but if the Board are desirous of it, they may have 
 them to compare with the copies. 
 
 RESOLVES 
 
 OF THE HOUSE OF REPRESENTATIVES, RESPECTING THE LETTERS OF THE 
 GOVERNOR, LIEUTENANT GOVERNOR, AND OTHERS, JUNE 16, 1773. 
 
 RESOLVED, That the letters, signed Thomas Hutchinson, and 
 those signed Andrew Oliver, now under the consideration of this 
 House, appear to be the genuine letters of the present Governor 
 and Lieutenant Governor of this province, whose hand writing and 
 signatures are well known to many of the Members of this House ; 
 and, that they contain aggravated accounts of facts, and misre 
 presentations; and, that one manifest design of them, was, to re 
 present the matters they treat of, in a light, highly injurious to this 
 province, and the persons against whom they were wrote. 
 
 Resolved, That, though the letters aforesaid, signed Thomas 
 Hutchinson, are said, by the Governor, in his message to this 
 House, of June 9th, to be "private letters, wrote to a gentleman 
 in London, since deceased ;" and " that all, except the last, were 
 wrote many months before he came to the chair 5 yet, they were 
 
406 MASSACHUSETTS STATE PAPERS. 
 
 wrote by the present Governor, when he was Lieutenant Gover 
 nor and Chief Justice of this province, who has been represented 
 abroad, as eminent for his abilities, as for his exalted station ; and 
 was under no official obligation to transmit intelligence of such 
 matters as are contained in said letters ; and, that they, therefore, 
 must be considered, by the person to whom they were sent, as 
 documents of solid intelligence; and, that this gentleman in Lon 
 don, to whom they were wrote, was then a Member of the British 
 Parliament, and one who was very active in American affairs ; 
 and / therefore, that these letters, however secretly wrote, must 
 naturally be supposed to have, and really had, a public operation. 
 Resolved, That these fc4 private letters," being wrote u with ex 
 press confidence of secrecy," was only to prevent the contents of 
 them being known here, as appears by said letters ; and this ren 
 dered them the more injurious in their tendency, and really in 
 sidious. / 
 
 Resolved, That the letters, signed Thomas Hutchinson, consid 
 ering the person by whom they were wrote, the matters they ex 
 pressly contain, the express reference in some of them, for * full 
 intelligence," to Mr. Hallowell, a person deeply interested in the 
 measures so much complained of, and recommendatory notices of 
 divers other persons, whose emoluments arising from our public 
 burdens, might excite them to unfavorable representations of us, 
 the measures they suggest, the temper in which they were wrote, 
 the manner in which they were sent, and the person to whom they 
 were addressed ; had a natural and efficacious tendency to inter 
 rupt and alienate the affections of our most gracious Sovereign, 
 King George the III. from this, his loyal and affectionate province; 
 to destroy that harmony and good will between Great Britain and 
 this colony, which every friend to either, would wish to establish ; 
 to excite the resentment of the British administration against this 
 province ; *to defeat the endeavors of our agents and friends to 
 serve us, by a fair representation of our state of grievances ;/to 
 prevent our humble and repeated petitions from reaching the royal 
 ear of our common Sovereign ; and to produce the severe and de 
 structive measures which have been taken against this province, 
 and others still more so, which have been threatened. / 
 
 Resolved, That the letters, signed Andrew Oliver, considering 
 the person by whom they were wrote, the matters they expressly 
 contain, the measures they suggest, the temper in which they were 
 wrote, the manner in which they were sent, and the person to 
 whom they were addressed, had a natural and efficacious tendency 
 to interrupt and alienate the affections of our most gracious Sove 
 reign, King George the III. from this, his loyal and affectionate 
 province yto destroy that harmony and good will between Great 
 Britain and this colony, which every friend to either, would wish 
 to establish ; to excite the resentment of the British administra 
 tion against this province $ to defeat the endeavors of our agent? 
 
MASSACHUSETTS STATE PAPERS. 407 
 
 and friends to serve us, by a fair representation of our state of 
 grievances; to prevent our humble and repeated petitions from 
 having the desired effect ; and to produce the severe and destruc 
 tive measures which have been taken against this province, and 
 others still more so, which have been threatened/ 
 /Resolved, As the opinion of this House, that it clearly appears 
 from the letters aforesaid, signed Thomas Hutchinson, and An 
 drew Oliver, that it was the desire and endeavor of the writers of 
 them, that certain acts of the British Parliament, for raising; a rev- 
 
 every constitutional measure to obtain the repeal of those acts, so 
 justly esteemed a grievance to us, and to suppress the very spirit 
 of freedom. 
 
 Resolved, That it is the opinion of this House, that, as the sal 
 aries lately appointed for the Governor, Lieutenant Governor, and 
 Judges of this province, directly repugnant to the charter, and sub 
 versive of justice, are founded on this revenue ; and, as those let 
 ters were wrote with a design, and had a tendency to promote and 
 support that revenue, therefore, there is great reason to suppose 
 the writers of those letters, were well knowing to, suggested, and 
 promoted the enacting said revenue acts, and the establishments 
 founded on the same. 
 
 Resolved /That while the writer of these letters, signed Thomas 
 Hutchinson, has been thus exerting himself, by his " secret confi 
 dential correspondence," to introduce measures, destructive of our 
 constitutional liberty, he has been practising every method among 
 the people of this province, to fix in their minds an exalted opinion 
 of his warmest affection for them, and his unremitted endeavors 
 to promote their best interest at the Court of Great Britain. 
 
 Resolved, As the opinion of this House, that by comparing these 
 letters, signed Thomas Hutchinson, with those, signed Andrew 
 Oliver, Charles Paxton, and Nathan Rogers, and, considering what 
 has since, in fact taken place, conformable thereto, that it is man 
 ifest,/ tlir^LJiaj__bej^n,fo many years past, measures contemplat- 
 ^dsjyiJiA pi^jO^S^rbj r a j*et i ofTneh". born and educated among 
 u^tojraise their own fortunes, and advance themselves to posts of 
 honor and profitrnoT~ohly to the destruction of the charter and 
 constitution of this province, but ai the expense of the rights and 
 liberties of the American coJonieZj And, it is further the opinion 
 of this House, that the said persons have been some of the chief 
 instruments in the introduction of a military force into the pro 
 vince, to carry their plans into execution ; and, therefore, they 
 have been, not only greatly instrumental of disturbing the peace 
 and harmony of the government, and causing, and promoting grea< 
 discoid and animosities, but are justly chargeable with the greai 
 corruption of morals, and all that confusion, misery and blood 
 
408 MASSACHUSETTS STATE PAPERS. 
 
 shed, which have been the natural effects of the introdwttion of 
 troops. 
 
 Whereas, for many years past, measures have been taken by the 
 British administration, very grievous to the good people of this 
 province, which this House have now reason to suppose, were pro 
 moted, if not originally suggested, by the writers of these letters; 
 and many efforts have been made, by the people, to obtain the re 
 dress of their grievances : 
 
 Resolved, That it appears to this House, that the writers of these 
 letters, have availed themselves of disorders, that naturally arise in 
 a free government, under such oppressions, as arguments to prove, 
 that it was, originally, necessary such measures should have been 
 taken, and that they should now be continued and increased 
 
 Whereas, in the letter, signed Charles Paxton, dated Boston 
 Harbor, June 20, 1768, it is expressly declared, that, " unless we 
 have immediately two or three regiments, it is the opinion of all 
 the friends of government, that Boston will be in open rebellion :" 
 
 Resolved, That this is a most wicked and injurious representa 
 tion, designed to inflame the minds of his Majesty s Ministers and 
 the nation, and to excite in the breast of our Sovereign, a jealousy 
 of his loyal subjects of said town, without the least grounds there 
 for, as enemies of his Majesty s person and government. 
 
 Whereas certain letters, signed by two private persons, viz. : 
 Thomas Moffat, and George Rome, have been laid before the 
 House, which letters contain many matters, highly injurious to 
 government and to the national peace : 
 
 Resolved, That it has been the misfortune of this government, 
 from the earliest period of it, from time to time, to be secretly 
 traduced, and maliciously represented to the British Ministry, by 
 persons, who were neither friendly to this colony, nor to the English 
 C9ustitution : 
 
 Qjesolved, That the House have just reason to complain of it, as 
 a very great grievance, that the humble petitions and remonstrances 
 of the Commons of this province, are not allowed to reach the 
 hand of our most gracious Sovereign, merely because they are pre 
 sented by an agent, to whose appointment, the Governor, with 
 whom our chief dispute may subsist, doth not consent ; while the 
 partial and inflammatory letters of individuals, who are greatly in 
 terested in the revenue acts, and the measures taken to carry them 
 into execution, have been laid before administration, attended to, 
 and determined upon, not only to the injury of the reputation of 
 the peopje, but to the depriving them of their invaluable rights and 
 liberties?^ 
 
 Whereas, this House are humbly of opinion, that his Majesty 
 will judge it to be incompatible with the interest of his Crown, and 
 the peace and safety of the good people of this, his loyal province, 
 that persons should be continued in places of high trust and autho 
 rity in it, who are known to have, with great industry, thoucr 1 
 
MASSACHUSETTS <STATE PAPERS. 409 
 
 secretly, endeavored to undermine, alter, ami overthrow the con 
 stitution of the province : therefore, 
 
 Resolved, That this House is bound, in duty to the King and 
 their constituents, humbly to remonstrate to his Majesty, the con 
 duct of his Excellency Thomas Hutchinson, Esquire, Governor, 
 and the Honorable Andrew Oliver, Esquire, Lieutenant Governor 
 of this province ; and to pray that his Majesty would he pleased 
 to remove them forever from the goVCTmuehl ITiereot. "~ 
 
 MESSAGE 
 
 FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES^ 
 
 JUNE 21, 1773. 
 
 Gentlemen of the House of Representatives, 
 
 I PERCEIVE, with concern, for the honor and reputation of the 
 province, that you have passed, and caused to be published, a num 
 ber of votes or resolves, in which you have, in an unparalleled and 
 most injurious manner, determined the intentions and designs of 
 the Governor, in certain private letters, wrote several years since, 
 the originals of which, as alleged, have, by some means or other, 
 come into your possession. 
 
 Whilst I was the subject of the debates, occasioned by the let 
 ters, I did not think it advisable, to give you any interruption. 
 Now, that you have come to your determination, I must remind 
 you, that you are near to the close of the fourth week of the ses 
 sion, and, that you have done little, or none, of the business of the 
 Court. 
 
 To prevent all unnecessary burden upon your constituents, by 
 too long a session, I must desire you to give despatch to such 
 matters as lie before you, or are proper to be acted upon by you. 
 
 T. HUTCHINSON. 
 
 MESSAGE 
 
 THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
 JUNE 24, 1773. 
 
 May it please your Excellency, 
 
 THE House have maturely considered your message, of the 
 21st instant, and fully apprehend, that had we not passed, and 
 52 
 
410 MASSACHUSETTS STATE PAPERS. 
 
 caused to be published, the votes and resolves upon the letters, re 
 ferred to in jour message, we should have betrayed a total want 
 of a proper attention, not only to the honor and reputation of the 
 province, but the true interest of our constituents, however unpar 
 alleled and injurious your Excellency, is pleased to represent 
 them ; and, we can assure your Excellency that this House came 
 possessed of those letters in a manner truly honorable. Had your 
 Excellency duly considered that those letters contained matters 
 of a very extraordinary nature, and that we have already passed 
 upon divers matters of a public, as well as a private nature, you 
 would have judged it needless to have remindedjis, that we are 
 near the close of the fourth week of the session : QYe are, however, 
 answerable to none but our constituents, for the time we spend in 
 doing that part of the public business, which they have chosen us 
 to transact; and, we are clearly of opinion, that we are, at present, 
 the sole judges of tiie time that is necessary for us to take, in de 
 liberating and determining upon all matters, that may properly 
 come under our consideration^ 
 
 EXTRACT 
 
 FROM THE GOVERNOR S MESSAGE TO THE TWO HOUSES, JANUARY 26, 1771. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 THE judicial proceedings of the Governor and Council, as the 
 Supreme Court of Probate, and, as the Court for determining in 
 cases of marriage and divorce, having been impeded in many in- 
 stances^ where the opinion of the Governor has been different from 
 that of the majority of Counceilors present, the Governor having 
 always considered his consent as necessary to every judicial act. 
 In the year 1771, 1 stated the arguments, as well against, as for 
 the claim of the Governor ; and his Majesty having been pleased 
 to order the case thus stated, to be laid before the Lords of his 
 Majesty s most honorable Privy Council, I am now able to inform 
 you, that it has been signified to me, to be his Majesty s pleasure, 
 that I do acquiesce in the determination of the majority of Coun- 
 cellors present, voting as a Court for proving wills and adminis 
 tration, and deciding controversies concerning marriage and di 
 vorce, although I should differ in opinion from that majority. 
 This order more immediately respects the Council ; nevertheless, 
 the tender regard which his Majesty has shewn for the interest 
 and convenience of his subjects, in a construction of the charter, 
 different froui what had been made by all his Governors 5 ever since 
 
MASSACHUSETTS STATE PAPERS. 411 
 
 its first publication, make it proper for me to communicate the 
 order to both Houses. r * 
 
 I am required to signify to you his Majesty s disapprobation of \ 
 the appointment of committees of correspondence, in various in 
 stances, which sit and act, during the recess of the General Court, \ 
 by prorogation. T. HUTCHINSON./ -* 
 
 EXTRACT 
 
 FROM THE ANSWFR OF THE HOUSE OF REPRESENTATIVES TO THE 
 GOVERNOR, FEBRUARY 5, 1774. 
 
 May it please your Excellency, 
 
 IT affords great satisfaction to this House, to find, that his 
 Majesty has been pleased to put an end to an undue claim, here 
 tofore made by the Governors of this province, grounded upon a 
 supposition, that the consent of the chair was necessary to the va 
 lidity of the judicial acts of the Governor and Council. Whereby 
 their proceedings, when sitting as the Supreme Court of Probate, 
 and as the Court for determining in cases of marriage and divorce, 
 have been so often impeded. The royal order, that the Governor 
 shall acquiesce in the determination of the majority of the Coun 
 cil, respects not the Council only, but the body of the people of 
 this province. And his Majesty has therein shewed his regard to 
 justice, as well as the interest and convenience of his subjects, in 
 rescuing a clause in the charter, from a construction, which, in the 
 opinion of this House, was repugnant to the express meaning and 
 intent of the charter, inconsistent with the idea of a Court of Jus 
 tice, and dangerous to the rights and property of the subject. 
 
 Your Excellency is pleased to inform the two Houses, that you 
 are required to signify to them his Majesty s disapprobation of the 
 appointment of committees of correspondence, in various instances, 
 which sit and act, during the recess of the General Court by pro 
 rogation. You are not pleased to explain to us the grounds and 
 reasons of his Majesty s disapprobation 5 until we shall have such 
 explanation laid before us, a full answer to this part of your speech 
 will not be expected from us. We cannot, however, omit saying 
 upon this occasion, that while the common rights of the American 
 subjects, continue to be attacked in various instances, and, at times 
 when the several Assemblies are not sitting, it is highly necessary 
 that they should correspond with each other, in order to unite in 
 the most effectual means for the obtaining a redress of their griev 
 ances. And, as the sitting of the General Assemblies in this, and 
 most of the colonies, depends upon the pleasure of the Governors, 
 
412 MASSACHUSETTS STATE PAPERS. 
 
 \vho hold themselves under the direction of administration, it is to 
 be expected, that the meeting of the Assemblies will be so order 
 ed, as that the intention proposed by a correspondence between 
 them, will be impracticable, but by committees, to sit and act, in the 
 recess. We would, moreover, observe, that as it has been the 
 practice for years past, for the Governor, and Lieutenant Gover 
 nor of this province, and other Officers of the Crown, at all times, 
 to correspond with Ministers of State, arid persons of distinction 
 and influence in the nation, in order to concert and carry on such 
 measures of the British administration, as have been deemed by 
 the colonists to be grievous to them, it cannot be thought unrea 
 sonable, or improper, for the colonists to correspond with their 
 agents, as well as with each other, to the end, that their griev 
 ances may be so explained to his Majesty, as that, in his justice, 
 he may afford them necessary relief. As this province has here 
 tofore felt the great misfortune of the displeasure of our Sovereign, 
 by means of misrepresentations, permit us further to say, there is 
 room to apprehend that his Majesty has, in this instance, been 
 misinformed ; and, that there are good grounds to suspect, that 
 those who may have misinformed him, have had in meditation fur 
 ther measures destructive to the colonies, which they were appre 
 hensive, would be defeated by means of committees of correspon 
 dence, sitting and acting, in the recess of the respective Assemblies. 
 
 It must be pleasing to the good people of this province, to find, 
 that the heavy debt which had been incurred by their liberal aids, 
 through the course of the late war, for the subduing his Majesty s 
 inveterate enemies, and extending his territory and dominion in 
 America, is so nearly discharged. Whenever the House of Re 
 presentatives shall deem it incumbent upon them to provide for 
 any future charges, it will be done, as it ought, by such ways and. 
 means, as, after due deliberation, to them shall seem meet. 
 
 In the mean time, this House will employ the powers with 
 which they are entrusted, in supporting his Majesty s just autho 
 rity in the province, according to the royal charter, and in des 
 patching such public business, as now properly lies before us. 
 And, while we pursue such measures, as tend, by God s blessing, 
 to the redress of grievances, and to the restoration and establish 
 ment of the public liberty, we persuade ourselves, that we shall, 
 at the same time, as far as in us lies, most effectually secure the 
 tranquillity and good order of the government, and the great end 
 for which it was instituted, the safety and welfare of the people. 
 
 [The committee, by whom the foregoing was reported, were, the 
 Speaker, Mr. S. Adams, Mr. Hancock, Col. Warren, Col. Thayer, 
 Col. Bowers, and Capt. Derby.] 
 
MASSACHUSETTS SJATE PAPERS. 
 
 MESSAGE 
 
 " OF THE GOVERNOR TO BOTH HOUSES, FEBRUARY 24, 1774. 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 HAVING received discretionary leave from the King, to go to y 
 England, I think it proper to acquaint you with this instance of 
 his Majesty s most gracious condescension; and, that I intend to Lfc/^ 
 avail myself of it, as soon as his service will admit. 
 
 1 must desire you to give all the despatch possible, to such 
 necessary public business, as may yet lie before you ; for, I must 
 soon, by an adjournment or prorogation, give the Court a recess, 
 that I may attend to that preparation for my voyage, which his 
 Majesty s service, and my personal affairs require. 
 
 T. HUTCHINSON. 
 
 SPEECH 
 
 OF GOVERNOR GAGEJTO THE TWO HOUSES, MAY 26, 1774.* 
 
 Gentlemen of the Council, and 
 
 Gentlemen of the House of Representatives, 
 
 His Majesty, having been pleased to appoint me, Governor 
 and Captain General of his province of the Massachusetts Bay, 
 and my commission having been read and published, I have met 
 you, for the election of Councellors, for the ensuing year 5 on 
 which business, you have been convened agreeably to your charter. 
 And, as that work is finished, you will proceed as you shall judge, 
 to the consideration of such other matters, as may properly come 
 before you, and that you judge ought to be entered upon, previous 
 to the first of next month. And you may be assured, that I shall, 
 with pleasure, concur with you, to the utmost of my power, in all 
 matters that tend to the welfare and prosperity of the province. 
 
 I make mention of the first of next month, because, I have the 
 King s particular commands, for holding the General Court at /D + 
 Salem, from that day, till his Majesty shall have signified his ^** 
 royal will and pleasure, for holding it again at Boston. 
 
 -*i 
 
 * Gen. Gage, had then been lately appointed Governor of this province. When a list of * 
 fhe gentlemen, elected Councellors, was presented to him, he objected to James Bowdoin, 
 John Winthrop, Timothy Danieison, Benjamin Austin, William Phillips, Michael Farley, 
 James Prescott, John Adams, Norton Quincy, Jerathmeei Bowers. Enoch Freeman, and Jede ) 
 .fiah Foster. \jT 
 
414 MASSACHUSETTS STATE PAPERS. 
 
 The honor of my appointment, to the command of this govern 
 ment, being so lately conferred, and the time since I took it upon 
 me, so very short, I have not, at present, any matter to lay before 
 you, farther than to acquaint you, that the treasurer having inform 
 ed me, that sufficient provision is made for the redemption of the 
 government securities, that are now, and will become due in June, 
 1775. you will have no other burden upon you, but to supply the 
 treasury, for the support of government, for the ensuing year. 
 
 THO. GAGE. 
 
 ANSWER 
 
 OF THE COUNCIL TO THE GOVERNOR S SPEECH, JUNE 9, 1774. 
 
 May it please your Excellency, 
 
 YOUR speech to the two Houses, at the opening of the session, 
 has been duly considered. His Majesty having been pleased to 
 appoint you to the government of this province, we take this op 
 portunity to wait on you, with our congratulations, on that occasion. 
 Your Excellency has arrived, at a juncture, when the harmony 
 between Great Britain and the colonies is greatly interrupted ; 
 whereby your station, though elevated, must needs be rendered 
 less agreeable to you, than otherwise it would have been. But, if 
 you should be the happy instrument of restoring, in any measure, 
 that harmony, and of extricating the province from their present 
 embarrassments, you will, doubtless, consider these happy effects 
 as more than a compensation for any inconveniences arising to 
 you from the peculiar circumstances of the times. His Majesty s 
 faithful Council will, on all occasions, cheerfully cooperate with 
 your Excellency., in every attempt for accomplishing those desira 
 ble ends. 
 
 We wish your Excellency every felicity. The greatest, of a 
 political nature, both to yourself and the province, is, that your 
 administration, in the principles and general conduct of it, may be 
 ajiappy contrast to thatof your two immediate predecessors. It 
 is irksome t(T us to Censure any one, but we"are TconstrSTnecnicf say, 
 that there is the greatest reason to apprehend, that from their 
 machinations, both in concert and apart, are derived the origin 
 and progress of the disunion between Great Britain and the colo 
 nies, and the present distressed state of the province ; a province, 
 to which, the latter of them, in an especial manner, owed his best 
 services, and whose liberties and rights, he was under every obli 
 gation of duty and gratitude to support. 
 
 The inhabitants of this colony, claim no more than the rights of 
 Englishmen, without diminution or abridgment. These, as it 
 
MASSACHUSETTS STATE PAPERS. 415 
 
 will be our indispensable duty, so it shall be our constant endea 
 vor, to maintain, to the utmost of our power, in perfect con 
 sistence, however, with the truest loyalty to the Crown ; the just 
 prerogatives of which, your Excellency will find this Board ever 
 zealous to support. 
 
 Permit us, sir, on this occasion, to express the firmest confi 
 dence, that, under their present grievances, the people of this 
 province, will not, in vain, look to your Excellency, for your pater 
 nal aid and assistance : and, as the great end of government is 
 the good of the people, that your experience and abilities will be 
 applied to attain that end. The steady pursuit of which, at the 
 same time it ensures their confidence and esteem, will be a source 
 of the truest enjoyment, self approbation. We thank your Excel 
 lency, for the assurance you have given, that you will, with plea 
 sure, concur with the two Houses, to the utmost of your power, in 
 all matters that tend to the welfare and prosperity of the province; 
 and your Excellency may be assured, that we shall contribute 
 every thing on our part, to promote measures of so salutary a ten 
 dency. 
 
 [The committee, appointed to present the above to the Gover 
 nor, reported, that, wnen the chairman had proceeded as far as 
 that part of the address, which expressed a wish, " that his admin 
 istration might be a happy contrast to that of his two immediate 
 predecessors," the Governor desired the chairman not to pro 
 ceed any further, as he could not receive an address, which reflect 
 ed so highly on his predecessors ; but, that he would assign his 
 reasons to the Council, in writing.] 
 
 MESSAGE 
 
 FROM THE GOVERNOR TO THE COUNCIL, JUNE 14, 1774. 
 
 Gentlemen of the Council, 
 
 I CANNOT receive an address, which contains indecent reflec 
 tions on my predecessors, who have been tried, and honorably 
 acquitted, by the Lords of the Privy Council, and their conduct 
 approved by the King. I consider the address as an insult upon 
 his Majesty, aad the Lords of the Privy Council, and an affront to 
 myself. THO. GAGE. 
 
416 MASSACHUSETTS STATE PAPERS. 
 
 n 
 
 \ " On the 17th of June, the Governor directed the Secretary to 
 acquaint the two Houses, it was his pleasure the General Assembly 
 should be dissolved; and to declare the same dissolved accordingly. 
 The Secretary went to the Court House, and finding the door of 
 the Representative s Chamber locked, directed the Messenger to 
 go in, and acquaint the Speaker, that the Secretary had a message 
 from his Excellency to the honorable House, and desired he might 
 be admitted, to deliver it. The Messenger soon returned, and 
 said he had acquainted the Speaker, who mentioned it to the 
 House ; and their orders were, to keep the door fast. Whereupon, 
 the following proclamation was published on the stairs leading to 
 the Representative s Chamber, in presence of a number of the 
 Members of the House, and divers other persons ; and immediately 
 after in Council." Extract from Journal of Gen. Court* 
 
 Province of Massachusetts Bay. 
 
 > BY THE GOVERNOR A PROCLAMATION FOR DISSOLVING THE GENERAL. 
 
 COURT. 
 
 WHEREAS, the proceedings of the House of Representatives, 
 in the present session of the General Court, make it necessary for 
 his Majesty s service, that the said General Court should be dis 
 solved ; I have, therefore, thought fit to dissolve the said General 
 Court ; and the same is hereby dissolved accordingly ; and the 
 Members thereof, are discharged from any further attendance. 
 
 Given under my hand, at Salem, the 17th day of June, 1774, in 
 the fourteenth year of his Majesty s reign. THO. GAGE. 
 
 By his Excellency s command, 
 
 THO. FLUCKER, Secretary. 
 
 God save the King. 
 
 r 
 
 [Before the General Court separated, they elected five delegates, 
 to meet such as should be chosen by the other colonies, to convene 
 at Philadelphia, to consider the critical and alarming situation of 
 the country. They met in September, 1774, and delegates from 
 all the other provinces, (except Georgia, which, however, soon 
 afterwards joined the confederacy,) convened there, at that period, 
 and formed the first Continental Congress. The following gentle 
 
MASSACHUSETTS STATE PAPERS. 
 
 u I 
 
 men were appointed delegates : Thomas Gushing, Samuel Adams, 
 Robert T. Paine, James Bowdoin, and John Adams. And as the. 
 General Court was dissolved, it was also proposed to have a Pro 
 vincial Congress, or meeting of deputies, from every town in this 
 state. Deputies were accordingly chosen, and met at Salem, 
 October 7th, 1774. An adjournment was immediately voted, to 
 Concord. John Hancock, was chosen President, and Benjamin 
 Lincoln, Secretary. A committee was appointed, to consider the 
 state of the province, consisting of the following gentlemen, viz. 
 the President, Joseph Hawley, Dr. Joseph Warren, Samuel Dex 
 ter, Col. Ward, Col. Warren, Capt. Heath, Col. Lee, Dr. Church, 
 Dr. Holtan, Mr. Gerry, Col. Tyng, Capt. Robinson, Maj. Foster, 
 and Mr. Gorham. The day following, the committee reported a 
 message to Gov. Gage, which was accepted 5 and is as follows :] 
 
 MESSAGE 
 
 PROM THE PROVINCIAL CONGRESS, SITTING AT CONCORD, TO HIS 
 EXCELLENCY GOVERNOR GAGE. 
 
 May it please your Excellency, 
 
 THE delegates, from the several towns, in the province of 
 Massachusetts Bay, convened in Congress, beg leave to address 
 you. The distressed and miserable state of the province, occa 
 sioned by the intolerable grievances and oppressions to which the 
 people are subjected, and the danger and destruction to which 
 they are exposed, of which your Excellency must be sensible, and 
 the want of a General Assembly, have rendered it indispensably 
 necessary to collect the wisdom of the province, by their delegates, 
 in this Congress, to concert some adequate remedy for preventing 
 impending ruin, and providing for the public safety. 
 
 It is with the utmost concern, we see your hostile preparations, 
 which have spread such alarm through the province, and the whole 
 continent, as threaten to involve us in all the ^fcnfusion and hor 
 rors of civil war : and, while we contemplate an event so deeply 
 to be regretted by every good man, it must occasion the surprise 
 and astonishment of all mankind, that such measures are pursued, 
 against a people, whose love of order, attachment to Britain, and 
 loyalty to their prince, have ever been truly exemplary. Your 
 Excellency must be sensible, that the sole end of government is 
 the protection and security of the people : whenever, therefore, 
 that power, which was originally instituted to effect these impor 
 tant and valuable purposes, is employed to harrass and enslave 
 the people ; in this case, it becomes a curse, rather than a bles 
 sing. 
 
 53 
 
418 MASSACHUSETTS STATE PAPERS. 
 
 The most painful apprehensions are excited in our minds, bj 
 the measures now pursuing; the rigorous execution of the (Boston) 
 port bill, with improved severity, must certainly reduce the capi 
 tal and its numerous dependences to a state of poverty and ruin. 
 The acts for altering the charter,* and the administration of jus 
 tice in the colony, are manifestly designed to abridge this people of 
 their rights, and to license murders; and, if carried into execu 
 tion, will reduce them to slavery. The number of troops in the 
 capital, increased by daily accessions drawn from the whole con 
 tinent, together with the formidable and hostile preparations, 
 which you are now making on Boston Neck, in our opinion, greatly 
 endanger the lives, liberties, and property, not only of our breth 
 ren in the town of Boston, but of this province in general. Permit 
 us to ask your Excellency, whether an inattentive and unconcerned 
 acquiescence to such alarming, such menacing measures, would 
 not evidence a state of insanity ? Or, whether the delaying to 
 take every possible precaution for the security of this province, 
 would not be the most criminal neglect in a people, heretofore 
 rigidly and justly tenacious of their constituted rights? 
 
 Penetrated with the most poignant concern, and ardently soli- 
 citious to preserve union and harmony between Great Britain and 
 the colonies, necessary to the well being of both, we entreat your 
 Excellency to remove that brand of contention, the fortress at the 
 entrance of Boston. We are much concerned, that you should 
 have been induced to construct it, and thereby, causelessly excite 
 such a spirit of resentment and indignation, as now generally 
 prevails. 
 
 We assure you, that the good people of this colony, never have 
 had the least intention to do any injury to his Majesty s troops ; 
 but, on the contrary, most earnestly desire, that every obstacle to 
 treating them as fellow subjects, may be immediately removed : 
 but are constrained to tell your Excellency, that the minds of the 
 people will never be relieved, till those hostile works are demolish 
 ed. And we request you, as you regard his Majesty s honor and 
 interest, the dignity, and happiness of the empire, and the peace 
 and welfare of this province, that you immediately desist from the 
 fortress, now constructing at the south entrance into the town of 
 Boston, and restore the pass to its natural state. 
 
 * In June of this year, an act of Parliament was passed, revoking that part of the charter 
 which allowed the Representatives of the people to elect Counceilors ; and the King, with the 
 advice of his Ministers, was empowered to appoint them ; and, in August, he accordingly 
 appointed others, commonly called mandamus counsellors ; being wholly independent of 
 the people, and holding their office of the Crown, they were likely to be fit instruments of 
 oppression and tyranny. 
 
MASSACHUSETTS STATE PAPERS. 419 
 
 ADDRESS 
 
 OF THE PROVINCIAL CONGRESS TO THE INHABITANTS OF THE TOWNS AND 
 DISTRICTS OF MASSACHUSETTS BAY, DECEMBER 4, 1774. 
 
 Friends and Brethren, 
 
 AT a time when the good people of this colony were deprived 
 of their laws, and the administration of justice ; when the cruel 
 oppressions brought on their capital had stagnated almost all their 
 commerce; when a standing army was illegally posted among us, 
 for the express purpose of enforcing submission to a system of 
 tyranny ; and, when the General Court was, with the same design, 
 prohibited to sit; we were chosen, and empowered by you, to as 
 semble, and consult upon measures necessary for our common 
 safety and defence. With much anxiety for the common welfare, 
 we have attended this service, and upon the coolest deliberation, 
 have adopted the measures recommended to you. 
 
 We have still confidence in the wisdom, justice, and goodness 
 of our Sovereign, as well as in the integrity, humanity, and good 
 sense of the nation. And, if we had a reasonable expectation, that 
 the truth of facts would be made known in England, we should 
 entertain the most pleasing hopes, that the measures concerted, 
 by the colonies, jointly and severally, would procure a full redress 
 of our grievances : but, we are constrained in justice to you, to 
 ourselves, and posterity, to say, that the incessant and unrelenting 
 malice of our enemies has been so successful, as to fill the Court 
 and kingdom of Great Britain, with falsehood and calumnies con 
 cerning us, and excite the most bitter and groundless prejudices 
 against us ; that the sudden dissolution of Parliament, and the 
 hasty summons for a new election, gives us reason to apprehend, 
 that a majority of the House of Commons will be again elected, 
 under the influence of an arbitrary Ministry ; and, that the gen 
 eral tenor of our intelligence from Great Britain, with the frequent 
 reinforcements of the army and navy at Boston, excites the strong 
 est jealousy, that the system of colony administration, so un 
 friendly to the protestant religion, and destructive of American 
 liberty, is still to be pursued, and attempted with force, to be 
 carried into execution. 
 
 You are placed, by Providence, in a post of honour, because it 
 is a post of danger ; and while struggling for the noblest objects, 
 the liberties of our country, the happiness of posterity, and rights 
 of human nature, the eyes, not only of North America and the 
 whole British empire, but of all Europe, are upon you. Let us 
 be, therefore, altogether solicitous, that no disorderly behavior, 
 nothing unbecoming our character, as Americans, as citizens, anil 
 Christians, be justly chargeable to us. 
 
420 MASSACHUSETTS STATE PAPERS. 
 
 "Whoever, \vith a small degree of attention, contemplates the 
 commerce between Great Britain and America, will be convinced, 
 that a total stoppage thereof, will soon produce in Great Britain 
 such dangerous effects, as cannot fail to convince the Ministry, 
 the Parliament, and people, that it is their interest and duty to 
 grant us relief. Whoever considers the number of brave men 
 inhabiting North America, well know, that a general attention to 
 military discipline, must so establish their rights and liberties, as 
 under God, to render it impossible for an arbitrary Minister of 
 Britain, to destroy them. These are facts, which our enemies are 
 apprized of, and if they will not be influence! by principles of jus 
 tice, to alter their cruel measures towards America, these ought to 
 lead them thereto. They, however, hope to effect by stratagem, 
 what they may riot obtain by power, and are using arts, by the 
 assistance of base scribblers, who undoubtedly receive their bribes, 
 and by many other means, to raise doubts and divisions through 
 out the colonies. 
 
 To defeat their wicked designs, we think it necessary for each 
 town to be particularly careful, strictly to execute the plans of 
 the Continental and Provincial Congress ; and, while it censures 
 its own individuals, counteracting those plans, that it be not de 
 ceived, or diverted from its duty by rumors, should any take place, 
 to the prejudice of other communities. Your Provincial Congresses, 
 we have reason to hope, will hold up the towns, if any should be 
 so lost, as not to act their parts ; and pone can doubt, that the 
 Continental Congress will rectify errors, should any take place, 
 in any colony, through the subtilty of our enemies. Surely, no 
 arguments can be necessary, to excite you to the most strict ad 
 herence to the American Association, since the minutest deviation 
 in one colony, especially in this, will probably be misrepresented 
 in the others, to discourage their general zeal and perseverance, 
 which, however, we assure ourselves, cannot be effected. 
 
 While the British Ministry are suffered, with a high hand, to ty 
 rannise over America, no part of it, we presume, can be negligent 
 in guarding against the ravages threatened by the standing army, 
 now in Boston ; these troops will, undoubtedly, be employed in 
 attempts to defeat the association, which our enemies cannot but 
 fear, will eventually defeat them; and, so sanguinary are those, our 
 enemies, as we have reason to think, so thirsty for the blood of 
 this innocent people, who are only contending for their rights, that 
 we should be guilty of the most unpardonable neglect, should we 
 not apprize you of your danger, which appears to us immmently 
 great, and ought, attentively, to be guarded against. \The im 
 provement of the militia in general, in the art military, has been 
 therefore thought necessary, and strongly recommended by this 
 Congress. We now think, that particular care should be taken 
 i by the towns and districts in this colony, that each of the minute 
 {men, not already provided therewith, should be immediately equip- 
 
MASSACHUSETTS STATE PAPERS. . 42] 
 
 ped with an effective fire arm, bayonet, pouch, knapsack, thirty 
 rounds of cartridges and ball, and, tliat they be disciplined three 
 times a week, and oftener, as opportunity may offer. 
 
 To encourage these, our worthy countrymen, to obtain the skill 
 of complete soldiers, we recommend it to the towns, and districts, 
 forthwith to pay their own minute men a reasonable consideration 
 for their services; and, in case of a general muster, their further 
 services must be recompensed by the province. An attention to 
 discipline in the militia, in general, is, however, by no means to 
 be neglected. 
 
 With the utmost cheerfulness, we assure you, of our determina 
 tion to stand or fall, with the liberties of America ; and while we 
 humbly implore the sovereign closer of all things, to whose 
 divine Providence, the rights of His creatures cannot be indifferent, 
 to correct the errors, and alter the measures of an infatuated Min 
 istry, we cannot doubt of his support, even in the extreme difficul 
 ties, which we all may have to encounter. May all means 
 devised, for our safety, by the general Congress of America, and 
 Assemblies, or Conventions of the colonies, be resolutely executed, 
 and happily succeeded ; and may this injured people be reinstated 
 in the full exercise of their rights, without the evils and devasta 
 tions of civil wrTi 
 
 [Other documents might have been given, which would be inter 
 esting to the people of Massachusetts, and of the kind promised 
 m the proposal, for publishing this volume. But, the controversy 
 respecting the extent of the rights of the colonies, for many years 
 maintained, chiefly by the Legislature, and individual citizens ot 
 Massachusetts, had, at this period, become general through the 
 provinces 5 and, a Continental Congress, having been appointed, 
 and convened, to consider the political condition of the country, 
 it is not necessary to give any further proceedings of the people of 
 this State. It is true, also, that all important events, subsequent 
 to 1774, are preserved in various public journals, to which the fu 
 ture historian of America, may easily have access.] 
 
CONTENTS. 
 
 Introductory Remarks, - . - - - - . - . 3 
 
 Governor Bernard s Speech, ---____ 17 
 
 . Aimyer of General Court, respecting grievances, ---... 18 
 
 Petition of the two Houses, to House of Commons, as to acts of revenue, - 21 
 
 Letter from Committee of General Court to their Agent, on same subject, 24 
 
 Statement of services of this colony, *-< - - - - - - 25 
 
 Speecli of Governor Bernard, {!, - - * - ~ 28 
 
 Answer of the Council to the above, - p& - 29 
 
 Letter from Agent in England, - - J r 4 ...... 30 
 
 letter from Agent in England, -------- 31 
 
 Letter from the Council to Agent, - l v - _ . . . . 31 
 
 Governor Bernard s Speech, 33 
 
 Proceedings of the House of Representatives, for a Continental Congress, - - 35 
 
 Circular Letter respecting a Continental Congress, - ... 36 
 
 Petition of Continental Congress to the King, 1765, - - - - - 37 
 
 Governor Bernard s Speech, September, 1765, respecting colony rights, - - 39 
 
 Answer of House of Representatives to the above, --.-.. 43 
 
 Speech of Governor Bernard, respecting stamps, ..... 49 
 
 Answer of House of Representatives to the above, ..... 49 
 
 Resolves of House of Representatives, as to the rights of the colonies, October, 1765, 50 
 Message from House of Representatives to Council, as to drawing money from the 
 
 Treasury, ...--.----.5] 
 
 Reply of Council to the above, .--- ... 53 
 Answer to the above, _..-.. -54 
 
 Speech of Governor Bernard to the foregoing, 59 
 
 Speech of Governor, and Answer thereto, - 63 
 
 Report respecting grievances, - 64 
 
 Proceedings of General Court, as to stopping of the Courts, - - 65 
 
 Letter from Agent in England, - ... gfi 
 
 Letter from Secretary of State to Governor Bernard, - - - 65 
 
 Letters from Agent in England, to Government, 69 
 
 Speech of Governor Bernard on repeal of Stampt Act, - - - - 74 
 
 Answer of House of Representatives to the foregoing, 76 
 
 Speech of Governor Bernard, referring to acts of Parliament, - 81 
 
 Answer of Council to the foregoing, ..... 34 
 
 Answer of House of Representatives to the foregoing, - - 88 
 Address of Thanks from House of Representatives to the King, on repeal of Stamp 
 
 Act, 91 
 
 Address of Thanks to several noblemen, 92 
 Answer of House of Representatives to Governor, on compensation to those who 
 
 lost by riot, ---------- gj 
 
 Message from the Governor to the House of Representatives on same subject, - 94 
 
 Reply of House of Representatives to the above, OQ 
 
 Speech of Governor Bernard on same subject, - - 97 
 
 Answer of House of Representatives to the foregoing, 97 
 
 Speech of the Governor on same question, - - 98 
 
 Letter of Lord Shelburne on same, - 99 
 
 Resolves of House of Representatives relating to same, - - 100 
 
 Letter from Agent in England, on same, J0i 
 
 Speech of Governor at opening of session, - - 102 
 
 Answer of House of Representatives on extent of rights, &c- 103 
 
 Message of House of Representatives to Governor, as to troops, - - 105 
 
 Answer of Governor to above, -_-.-.-- 10 g 
 
 Message from House of Representatives to Governor, on his ordering pay for the troops, 107 
 
 Reply of Governor Bernard to the foregoing, - - 108 
 
 Governor s Speech at opening of the Session, May, 1767, recommending harmony, 109 
 
 Message from Governor, on arrival of troops, ....-_ io9 
 
 Answer of House of Representatives to the above, 110 
 
 Resolve of General Court, making usual provision for troops, - - - 112 
 
 Resolve of House of Representatives as to their Letters, &c. 112 
 
 Message from the Governor, in reference to said letters, ----- 113 
 
 Answer of House of Representatives on above, and others written by the Governor, 113 
 Itter from Lord Shelburne to Governor Bernard, respecting rights, 
 Message of Governor to the House of Representatives, as to a libel, ... 
 Reply of House of Representatives, - ...--.] 
 Speech of Governor Bernard, vindicating his conduct, - - 
 
CONTENTS. 423 
 
 Petition of House of Representatives to the King, - - 121 
 
 Letter of House of Representatives to Agent in England, in January, 1769, on colony 
 
 rights, &c. - - 124 
 
 Circular letter of House of Representatives to other colonies, respecting the Brit 
 ish revenue acts, 134 
 Letter of House of Representatives to Lord Shelburne. on same subject, in England, 
 Letter from Agent in England, - 1-12 
 Letter of House of Representatives to Marquis of Rockingham, on grievances, 
 Speech of Governor Bernard, May, 1768, ------- 145 
 
 Message of Governor to House of Representatives, requiring them to rescind their cir 
 cular, ----------- 145 
 
 Reply of House of Representatives to foregoing, ------ 146 
 
 Message of Governor, communicating letter of Lord Hillsborough, - - - 146 
 
 Message of House of Representatives, refusing to rescind, - 147 
 
 General Court dissolved, June, 1768, ------ 150 
 
 Letter of House of Representatives to Lord Hillshorough, June, 1768, - 151 
 
 Resolutions of Council, vindicating their conduct, 156 
 
 Statement of difficulty, and dispute about troops, - 158 
 
 Resolves of House of Representatives respecting Governor Bernard s letters, 160 
 
 Letter from Agent in England, about circular letter, - - - - - 160 
 
 Letter from Agent in England, about circular letter of House of Representatives, 161 
 
 Letter of Council to Lord Hillsborough, vindicating their conduct, 16Z 
 
 Message of House of Representatives to Governor Bernard, election day, 1769, com 
 plaining of a military guard, - - - 165 
 Protest of House of Representatives, on same subject, same time, - ~ 167 
 Answer of Governor Bernard, same time, - 163 
 Speech of Governor Bernard to the two Houses, 168 
 Answer of House of Representatives to the above, complaining of troops stationed in 
 
 Boston, 169 
 
 Message of Governor Bernard to House of Representatives, as to troops, 171 
 
 Answer of the House of Representatives, defending their rights, Jkc. - 172 
 
 Resolves of House of Representatives, condemning the stationing of troops here, - 174 
 
 Message of the Governor to House of Representatives, to proceed to usual business, - 175 
 Message of the Governor, informing of his going to England, 175 
 
 Hesolves of House of Representatives on colony and charter rights, &c. 176 
 
 Answer of the two Houses to the Governor s speech, - - 180 
 
 Answer of House of Representatives to Governor s message of his going to England, - 181 
 Message of Governor Bernard, requesting provision for the troops, - 
 Message of Governor Bernard, about barracks for troops, - 
 
 Reply of House of Representatives to the two last, 184 
 
 Speech of the Governor to both Houses, complaining of unkind treatment, - 182 
 
 Petition of House of Representatives to the King, to remove Governor Bernard, - 
 Letter from the two Houses to Agent in England, about appeals to England, - 
 Letter from Agent in England, on public measures, - 19-j 
 
 Speech of Lieutenant Governor Hutchinson to both Houses, giving reasons for pro 
 roguing the Court, and holding it at Cambridge, - - Igj 
 
 Remonstrance of House of Representatives against the above, J22 
 
 Message of the Lieutenant Governor to House of Representatives, on same subject, - Igjj 
 Answer of House of Representatives to the Lieutenant Governor, oij same subject, 
 Message of Lieutenant Governor, and reply of House of Representatives on same sub 
 ject, -------- IQj 
 
 Message of Lieutenant Governor, about his instructions, 
 
 Message of House of Representatives, complaining of removal of Court, 
 
 Reply of Lieutenant Governor to the above, 
 
 Resolutions of House of Representatives on same subject, - 
 
 Message of Lieutenant Governor, about a riot at Gloucester, ^5! 
 
 Resolves of House of Representatives, to the above, 
 
 Message of House of Representatives to Lieutenant Governor, May 31, 1770, complain 
 ing of being convened out of Boston, 2r 
 
 Protest respecting the same, - 20* 
 
 Speech of Lieutenant Governor at opening of Session, May, 1770, % 
 
 Message from Lieutenant Governor to House of Representatives, justifying removal 
 
 ofCourt, ------ - 2K 
 
 Message from Lieutenant Governor to House of Representatives, about instructions, gJJ 
 
 Resolves of House of Representatives against holding General Court out of Boston, - 2K 
 
 Message of House of Representatives, on same subject, 
 
 Message from Lieutenant Governor, urging to proceed to usual business, 
 
 Resolves of House of Representatives, adhering to former vote, 
 
 Address of Council to Lieutenant Governor, as to Court sitting in Cambridge, 
 
 Reply of Lieutenant Governor to the foregoing, 
 
 Message of House of Representatives to Lieutenant Governor, declining to proceed 
 
 to business in Cambridge, - 22f 
 
 Answer of Lieutenant Governor to the foregoing, 
 
 Message of Council to Lieutenant Governor, as to force of ministerial instructions, - 
 Letter of the Council to Agent in England, giving an account of the Massacre, - Sc; 
 
 Message of House of Representatives to Lieutenant Governor, praying- to be remov 
 ed to Boston, or prorogued, 23; 
 
 Message of Lieutenant Governor to both Houses, declining removing General Court "* 
 to Boston, - - - - - - . ..._ 23, 
 
 Message of House of Representatives^ refusing to proceed to business. 
 
424 CONTENTS. 
 
 83; 
 
 Speech of Lieutenant Governor, justifying the holding of General Court at Cambridge, 
 Message of House of Representatives to Lieutenant Governor, shewing why they 
 
 could not act on public business out of Boston, - - ... 340 
 
 Reply of Lieutenant Governor to above, contending for a right to convene the Court 
 
 at Cambridge, ...----.__ 249 
 
 Speech of Lieutenant Governor, September,1770, urging to proceed to public business, 255 
 
 Message of House of Representatives to Lieutenant Governor, - 257 
 
 Reply of Lieutenant Governor to foregoing, ----_ 258 
 
 v Message of House of Representatives, complaining of putting regular troops at the 
 
 Castle, ...... ... ass 
 
 ; Reply of Lieutenant Governor, vindicating himself, . 259 
 
 Message of House of Representatives to Lieutenant Governor, about the Castle, - 261 
 
 Answer of Lieutenant Governor to the foregoing, ..... 262 
 
 Message to Lieutenant Governor, from Council, requesting a sight of Letters from 
 
 England, concerning them, ....... 262 
 
 Statement of complaint against the Council, ...... 262 
 
 Report of Council as to Secretary Oliver s deposition of their doings, - - 264 
 
 Letter of Council to Agent in England, on same subject, .... 273 
 
 Message of Lieutenant Governor, as to the enacting style of laws, - 278 
 
 Answer of House of Representatives to the above, ..... 278 
 
 Message of Lieutenant Governor on same subject, ..... 285 
 
 Message of House of Representatives to Lieutenant Governor, on same subject, - 281 
 
 Resolves of House of Representatives, November, 1770, against holding Court at 
 
 Cambridge, 286 
 Message of House of Representatives to Lieutenant Governor, complaining of his giv 
 ing up the Castle, _--...--- 287 
 Message of House of Representatives, respecting the Militia, .... 289 
 
 Message of Lieutenant Governor to House of Representatives, as to enacting style of 
 
 laws, ..... 290 
 
 Message of Lieutenant Governor, April, 1771, ...... J94 
 
 Answer of House of Representatives to the above, ..... 296 
 
 Message from House of Representatives to Governor, about grant for his salary, - 298 
 
 Answer of Governor to the foregoing, ....... 298 
 
 Speech of Governor about settlers on eastern lands, ..... 300 
 
 Protest of House of Representatives, against holding General Court at Cambridge, 302 
 Answer of House of Representatives to the Governor s Speech, vindicating the char 
 acter of the people, ......... 304 
 
 Resolves of House of Representatives, as to the Governor s salary from the Crown, 328 
 
 Message of House of Representatives to the Governor, on same subject, - - 339 
 
 Governor s Message about repairs on Province House, 330 
 
 Reply of House of Representatives, on same subject, - - - - 330 
 
 Message of the Governor to House of Representatives, as to his right to receive his 
 
 salary from the Crown, ........ 331 
 
 Speech of Governor Hutchinson, on the power of Parliament, and rights of colony, - 336. 
 
 Reply of the Council to the Governor, on the same subject, 342 
 Reply of the House of Representatives to the Governor, on the same subject, 
 
 Message to the Governor, as to salary of Judges, 365 
 
 Answer of the Governor, to the above, -.----- 365 
 
 Message of House of Representatives to the Governor, as to Judges salaries, 366 
 
 Speech of the Governor to the two Houses, on the Power of Parliament, &c. - 368 
 
 Answer of the Council, to the foregoing, ._.--- 
 
 Answer of the House of Representatives, on the same subject, .... 384 
 
 Resolves of House of Representatives, as to Judges receiving salaries from theCrown, 396 
 
 Letter of the two Houses to Lord Dartmouth, respecting dispute with the Governor, . ; 
 
 Counsellors rejected by the Governor, - - - - _ 400 
 
 Resolves of House of Representatives on a letter from Virginia, for Committees of 
 
 Correspondence, -.------- 400 
 
 Letter of House of Representatives to other Colonies, - - - - 401 
 
 Proceedings respecting Governor and Lieutenant Governor s letters, injurious to the 
 
 Province, 402 
 
 Resolves of House of Representatives respecting said letters, - 404 
 
 Message from the Governor, on same subject, - 409 
 
 Reply of House of Representatives to the foregoing, - - 409 
 
 Governor s Message, respecting power of Council 111 divorces, 410 
 
 Answer of the House of Representatives, to the above, - - 4H 
 
 Governor s Message on his going to England, 
 Speech of Governor Gage to both Houses, May, 1774, 
 Answer of Council to the above, 
 
 Message of Governor Gage to the Council, 415 
 
 General Curt dissolved, June 17, 1774, 416 
 
 Delegates chosen to a Continental Congress, and Provincial Congress proposed. - 41f> 
 
 Message from -Provincial Congress, October, 1774, to Governor Gage, 
 Address of Provincial Congress to the people, 
 Concluding paragraph, - ~ * 
 
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