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HISTORY

MASSACHUSETTS,

FOR TWO HUNDRED YEARS

FROM THE YEAR 1620 TO 1820.

BY ALDEN BRADFORD,
An Original Member of the Massachusetts Historical Society, and
Honorary Member of the Historical Society of New Tork.

BOSTON.
MILLIARD, GRAY, AND CO.
1835.

Entered according to act of Congress, in the year 1835,
. By Alden Bradford,
in the Clerk's Office of the District Court of the District of Massachusetts.

J. D. FREEMAN, PRIWTER.

ADVERTISEMENT.

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

CONTENTS.

CHAPTER I.

Discovery of North America — Causes of Emigrating to America —
Character and Adventures of the Plymouth Pilgrims — Claim to
America by Kings of England — Patents and Grants — The Native
Indians — Civil Compact at Cape Cod — Settlement of Wessaguscus
and Mount Wollaston — Morton, Lyford, Oldham, Conant, Blaxton,
Cape Ann, Salem, Endicott, Charle3town,Sprague— Arrivals in 1629
— Higginson, Skelton^Salem Church — Opinions of the Errors of
Church of England — Buildings at Salem — State and Number of In
dians — Arrival of Winthrop and Company at Charlestown, Johnson
at Boston, Saltonstal at Watertown, Pynchon at Roxbury, Wilson
and PhiUips, Warham and Maverick — Settlement of Boston — Tax on
the several Plantations — Death of Johnson — Eminent Females —
Friendly Connexion with Plymouth — Patent, Formation of Company
in England — First Court of Governor and Assistants at Charlestown
— Church Government — Purchases of Indians — Fortified Town —
Early Sickness in the Colony. — Execution for Murder in Plymouth---
Power and Influence of Clergy, of Assistants and Freemen — First
Vessel built by Gov. Winthrop — Tax on the Colony and Committees,
or Deputies — Watertown objects — Dudley Governor — A few Disaf
fected — Character of First Settlers, and love of Liberty. . . 13
CHAPTER II.
Opposers of the Colony — Complaints against it, and threatened with
loss of Charter — Intolerance — Roger Williams — Eminent men who
arrived after the first settlement — Connecticut settled — Militia — Forts
Taxes — Haynes Governor — Elections by the People and Deputies —
Bellingham — Dutch on Connecticut River — Disputes with R. Wil
liams — His Banishment — Increase of Plymouth — Sir H. Vane arrives,
and is chosen Governor — Governor Winthrop — Pequot War — Reli
gious Disputes — Mrs. Hutchinson — First Settlers the Friends of Hu
man Learning — Many of them Learned Men — Artillery Company
and Militia — Charter recalled — Claims of Colony to Political Power
— Printing Press — Distribution of the Powers of Government-
Standing Council — Dudley Governor — His Character — Prosperity of
the Colony — Bellingham Governor — Trade — North Line of Patent —
Assembly of Divines at Westminster, England — Union of the four
New England Colonies. . . . . . .32
CHAPTER III.
Treatment of the Indians — Gorton — Episcopalians — French in Acadie
— Shipping — Militia — Slavery — Baptists and Quakers persecuted —
Iron Works — Magistrates direct in Religion— Economy and Sobriety
— Troubles in England — Synod — Publication of Laws — Witchcraft —
Death of Gov. Winthrop — Maine — State of Plymouth Colony — Great
Powers exercised by the Colony — Dispute with Connecticut about
duties^Canada proposes an Alliance — Disputes in Great Britain —
Gov. Winalow Agent — Dutch at New York troublesome — Mrs. Rib-

VI CONTENTS.
bins executed for a Witch — Maine — Trade of Massachusetts — Crom
well proposes a removal of the People of New England to Jamaica —
Leverett Agent in England — Treatment of Quakers and Baptists —
Government of England forbid their persecution — Eiibrts to improve
Indians — Ecclesiastical Affairs in hands of Magistrates as well as
Clergy — Pynchon — Dr. Owen — Youth of Massachusetts — Number
of Towns and Churches — Population — College. . . . 48
CHAPTER IV.
Dudley Governor — His Death— Endicot, and Bellingham — Liberty in
the Colony in danger, on the restoration of Charles II. — Policy of
Massachusetts — Tlie Regicides ¦ — Charges against the Colony —
Agents sent to England — King's letter and Requirements — Ecclesias
tical Affairs — Baptism, Independence of Churches — Baptists oppress
ed — Chauncey President of College — His Opinion on Baptism-
Schools in Plymouth — Commissioners from England, with great
powers — Their Reception in Massachusetts — Letter to the King,
and contend for Charter Rights — Dispute with Commissioners —
Treatment of Commissioners in Plymouth — Religious Liberties —
Commissioners in Maine — King dissatisfied, and orders Agents to
appear before bim — Bellingham, and Willoughby — Troubles in Eng
land — Trade and Navigation — Disputes in the Cliurcbes in Boston. 63
CHAPTER V.
War with Philip — He meditates the destruction of the English — War
defensive on part of the English — Plymouth Colony most exposed —
United Colonies raise Troops — Battle at Narragansett — War continu
ed to 1676— Character of Philip— Col. Church- Death of Philip-
Difficulties with Government of England — Claims of Gorges and
Mason— Leverett, Bradstreet, Dudley and Danforth— Claims of Power
— Regulations of Trade — Randolph — Agents to England — Charter
vacated, and Dudley appointed President — Andros arbitrary and op
pressive — His Council — J. Mather Agent to England — Arrest of An
dres and Randolph — Revolution — New Charter — Sir William Phipps
— Expedition to Nova Scotia, and to Quebec — Failure^ — Expenses —
Paper Money — Difference of New and Old Charters — Sir WiUiam
Phipps first Governor — His Character. . . . . 76
CHAPTER VI.
Witchcraft— Laws for Religious Worship, for Education, and for so
briety of manners — Disputes with Government of England — French
atPemaquid — ^Lt. Gov. Stoughton — Law against Jesuits, and against
Slavery — Gov. Bellamont — Gov. Dudley — His Character — War be
tween England and France — Depredations of Indians — Col. Church
goes against Indians in Acadie— Expedition to Port Royal — Medi
tated attack on Canada — Heavy Debt and Tax, and Paper Money
— Peace between France and England — Prosperity of the Province
—Newspapers— Gov. Shute— His Character— Indians in Maine hos
tile, conquered — Dispute between Gov. Shute and General Court 
Gov. Shute, on bis return to England, complained of the Court 
Agent Dummer— Lt. Gov. Dummer- Treatv with Eastern Indians
— Clergy propose a Synod — Earthquake. ' . . 91
CHAPTER VII.
Governor Burnet— His Character— Dispute with General Court, about
his salary— Gov. Belcher— His Character— At first very popular-
Paper Money depreciated— Occasion of long embarrassments— Par-

CONTENTS. Vll
ties — Opposition to Gov. Belcher — Naval OfScer removed by the
King, and not by the Governor — Expedition to the West Indies —
Line between Massachusetts and New Hampshire run — Line run be
tween Rhode Island — Governor Shirley — His Character — War be
tween England and Fnince^Disputes and contests with Eastern
Indians — Expedition to Louisburg — Successful' — New England
threatened by the French — Plans against Canada, and Nova Scotia —
Peace, and Troops recalled from Nova Scotia- — Impressments in Bos
ton, and Riots — Plan foir Bishops in America — Paper Money redeem
ed, and discontinued — Reimbursements from England — Society for
Industry and Economy — Clergy — Eastern Indians — British prohibi
tions on Trade — Agent in England — Heavy Taxes — Commerce. 102
CHAPTER VIIL
Gov. Shirley returns — Lt. Gov. Phipps — Indians hostile — Forts built on,
Kennebec — Treaty with six nations— Proposal of a union of the Colo
nies — Heavy taxes — Excise proposed — Printer imprisoned for a libel-
Further preparations for war — Expedition to Nova Scotia and against
Canada unsuccessful — Opposers of Shirley — Expedition to Oswego,
and to Crown Point — Earthquake — New Campaign — Gov. Shirley
made Commander-in-Chief — Gen. Winslow — Shirley superseded by
Gen. Abercrombie, and returned to England — Campaign of 1756 un
successful— Great expenses to the Province — Rogers' Rangers. 118
CHAPTER IX.
Military Plans for 1757 — Lord Loudon— Nova Scotia, Louisburg, and
Crown Point — Governor Pownall — Failure of Expedition— Massachu
setts lost many Troops — Character of Pownall — Dispute about quar
tering Troops — House contend for the authority of the Province —
Duties on Trade — Complaints against it — Campaign of 1757 — Mr.
Pitt — Gen. Amherst — Efforts of Massachusetts — Failure of Expedi- -i
tion to Crown Point — Lord Howe slain — Louisburg taken — Quebec
taken — Wolfe slain — Major Rogers — Complaints of Provincial Troops
— Great Expenses of War — Insolvent law — Gov. Bernard — Lt. Gov.
Hutchinson — Campaign of 1760 — Montreal taken. . . . 130
CHAPTER X.
Dispute between the House and Council — Expenses of War and loss of
lives — Schools and Colleges — New Troops raised — Dispute ».with
Governor — Claims of House and of the Governor — Customs — Col-
lector sued — Mr. Otis — Mr. Hutchinson — Writs of Assistance — Ex
citement on the occasion — Gold Coin — Wilkes — Whig and Tory —
State of the province at the Peace of 1763 — Views of Ministers —
Census — Plan to tax the Province — Controversy on Episcopacy. 142
CHAPTER XI.
British propose to raise a revenue in the Colonies — Sugar Act — Op
posed — Resolves as to right of Taxing — Otis' Pamphlet — Its doc
trines — Views of British Ministry — Petition to Parliament — Differ
ence on its tenor — Letter to Agent — Answer to Governor's Speech
— Opinions of Trade — Representatives in Parliament from Colonies
proposed — Stamp Act — Convention at New York — Riots and Mobs
at Stamp Office, and elsewere — Opinions on public rights and duties
of Governor and Representatives — Stamps sent into Province —
Distributor of them resigns — House declines to interfere. . . 156
CHAPTER XII.
Judicial Courts suspended, on account of Stamps — Opinion of Repre
sentatives, and of the Council thereon — Dispute with Governor and
Council on drawing Money from the Treasury — Extracts from Gov
ernor's Speeches, and Answers of the House — Stamp Act repealed,
and assertion of the right of Parliament to make laws for the Colo-

185

Vin CONTENTS.
nies — Mr. Pitt — Dispute with Governor about choice of Counsellors
— Reflections of the Council on the Riots — Address of House to the
King — Political views of Gov. Bernard — Different opinions among
the People — Dispute in granting compensation for the losses by the
Mob— Trade— Arrival of British Troops— Dispute about Expenses of
the Troops. . . . . • ... 170
CHAPTER XIII.
Conduct towards the Native Indians— Gov. Bernard gave his negative
to several Counsellors elected by the House— Plan to establish Epis
copacy — Gov. Bernard misrepresents the General Court — Complains
that he is attacked in the public prints— Plays prohibited— Slave
trade condemned by General Court— Town Meeting m Boston;
Resolutions passed— Petition of House to the King, and Circular to
other Colonies — Refuse to rescind Circulars — Governor dissolves the
Assembly— Complaints of the People— Convention in Boston— Brit
ish Troops stationed in Boston— Conduct of Colonel of Troops —
Gen. Gage in Boston— General Court convened— Gov. Bernard un
popular—Firmness of the Council— Dispute between Governor and
House. ... . • • •
CHAPTER XIV.
British Troops remain in Boston — General Court adjourned a long time
—Statement and Protest of the Citizens of Boston— Massacre in Bos
ton, March, 1770 — General Court held in Cambridge — House remon
strate against it — Riot at Gloucester — Ministerial Instructions — Gov.
Hutchinson's political views — Dispute continued, on holding the
General Court out of Boston — Governor's salary paid from England
— Courts — Mr. Hancock — Public finances — Samuel Adams — Con
troversy on salary of Governor and Judges — John Adams — Proceed
ings of Boston — Their statement and circular. . . . 206
CHAPTER XV.
Governor Hutchinson's opinion and speech on the supremacy of Par
liament — Opinion of General Court, and dispute with Governor on
the subject — Governor's letters published, and added to his unpopu
larity — He is called to England by the King — Correspondence of
General Court with Virginia — Tea imported and destroyed — Dispute
about Salaries of the Judges — Declaration of Ministers and others in
England — The Charter altered, and the rights of the Province in
fringed — Boston Port Bill — Jurors refuse to take the oath and to act
— Governor Hutchinson sails for England — Gen. Gage succeeds —
Negatives several Counsellors — Adjourns the General Court to Salem
— Delegates chosen for a Continental Congress — Gov. Gage dis
solves the Court — Military Companies. .... 228
CHAPTER XVI.
Objections to the Judges— Jurors refuse to act — Col. Hancock dismissed
from command of the Cadets — Gov. Gage erects fortifications in and
near Boston, and collects military stores — Conventions in Suffolk and .
Essex — Governor forbids meetings of the People — Resolutions of •
Convention — Provincial Congress — Its proceedings — Measures of .
the Continental Congress — Committee of Safety — Delegates to sec- -
ond General Congress — Clergy — New Provincial Congress, 1775 —
General Warren Chairman of Committee of Safety — British Troops
sent to Salem to seize military stores. . . . 243
CHAPTER XVII.
Third Provincial Congress, March, 1775 — Its advice and orders — '
More British Troops arrive — War or submission — British Patriots —
Affair at Lexington and Concord — Meeting of Provincial Congress —
More men raised— Gov. Gage denounced as an enemy to t^e Pro-

CONTENTS. IX
vince — Militia collect at Cambridge and Roxbury, and from Massa-
chusetts, Connecticut, New Hampshire, and Rhode Island — Advice .
of General Congress desired, as to civil government — Measures of
defence — Battle of Bunker Hill — Great slaughter — Death of General
Warren — Cause of its Failure — Gen. Washington appointed Com
mander-in-Chief— Measures adopted to augment the Army. 250
CHAPTER XVIII.
Representives meet, 19th July, 1775, and elect an Executive Council ,
— Population and state of the Province — Army at Cambridge and
Roxbury — Destitute of equipments — Want of cannon, fire-arms, and
powder — Falmouth burnt by the British — Powder Mills erected —
Measures of defence adopted — Forts built — Privations — Courts or
ganized — Public expenses — Invasion of Canada unsuccessful — Death
of General Montgomery — Men enlisted for a year — Plan to attack
Boston — Dorchester Heights fortified — British leave Boston. 260
CHAPTER XIX.
General Washington, with the American Army, proceeds to New York
— Address of the General Court and People of Boston, to Washing
ton — General Thomas ordered to Canada with several Regiments —
The Expedition unsuccessful — Death of General Thomas — Declara
tion of Independence — War in the Middle States — Tories — Militia
discipline — Style of Writs altered — Calls for the Militia — Great ef
forts to recruit the Army — Paper Money depreciates — Laws for the
relief of the People, and against monopolies — Military affairs at and
near New York — Washington proceeds to Delaware — Battle of Tren
ton and Princeton — Success of Americans under Washington — En
listments for 1777 — Difficulty of raising Men for three years — Large
bounties given — Massachusetts' Regiments — New emission of paper
— High taxes — Attack on Rhode Island, and on St. Johns, in Nova
Scotia. ........ 269
CHAPTER XX.
A Constitution proposed and formed by General Court, but rejected by »
the majority of the citizens — Large body of the Militia called out —
Northern Army — The British advance — Battle near Lake George and
at Saratoga — British Army captured, October, 1777 — Affairs at the
South, and in the Middle States — Battle of Brandy wine and of Ger-
mantown — British take possession of Philadelphia, and the American
Army have quarters at Valley Forge, in vicinity — The Men suffer for
want of clothes — Heavy Assessments laid on the States by Congress
— More Men required — Loans — Appeals to the people— Confederation
— John Adams Envoy to France and Holland — An able Negotiator-
Delegates to Congress, and Judges of Superior Court, 1778. 277
CHAPTER XXL
British Army leaves Philadelphia — Battle of Monmouth — Massachu
setts' Regiments — Gen. Lee arrested — Rhode Island invaded — Mili
tia ordered there — French Fleet — American Army retreat — Lafayette
— Additional expenses and taxes in Massachusetts — New Bedford
attacked and burnt by the British — Col. Alden killed at Cherry Valley
— Gen. Gates commands in Boston sometime in 1778-9 — British
Government offer to negotiate — Engage the Savages — Finances —
Congress call for money — Attempts lo prevent monopoly and specu
lation — Gen. Washington calls for more Men — Want of provisions in
Massachusetts — Officers of Array poorly paid — Convention— Further
requisitions of Congress — Penobscot Expedition — Further attempts
to regulate the price of provision — Men and money called for — Boun
ties of land promised to Officers and Soldiers — Public Fasts. 284

X CONTENTS.
CHAPTER XXII.
War at the South, in Georgia and South Carolina — Charleston taken —
Gen. Lincoln commanded American Troops — Constitution reported
for Massachusetts, and accepted — Alterations in it proposed by Peo
ple of Boston— John Hancock chosen Governor— Finances— Congress
propose to call in old bills— New emission of paper — Continental and
Slate debt — Agent sent to Europe— People in Maine harassed by the
British—Academy of Arts and Sciences— Gen. Washington calls for
more of the Militia — Complaints of the People. . • • 293
CHAPTER XXIII.
Session of General Court, October, J 780 — Recommendations of the
Governor — Sale of Refugees' estates— Loans— Appeals to the People
—Massachusetts' Regiments reduced— State of the debt of the Com
monwealth — Laws revised — Impost duties — Duty on sales at public
auction— Troops sent to Rhode Island, and Executive authorized to
call out more — Treachery of Arnold— Gen. Washington called on
Massachusetts for six thousand of the Militia — Capture of Lord Corn-
wallis, in Virginia — Great Expenses — British offer to negotiate —
Terms not acceptable to Congress — More Men called for in 1782---
Additional sums required by Congress-— People complain of heavy
taxes — Negotiations for peace — Cod Fishery — Massachusetts' propor
tion of Continental debt — The People ready to despair — Population —
Members of Congress. ¦ . . . . . . 298
CHAPTER XXIV.
Slavery discountenanced in Massachusetts — Supreme Judicial Court
decide against it— John Lowell an advocate for its abolition — General
Court request an adjustment of accounts and claims on the United
States— And object to the appointment, by Congress, of any of its
Members to lucrative offices--Requisitions of Congress-— Military
Peace Establishment — Terms of Treaty and Peace with England —
Massachusetts objects to some of the conditions — Time of complaint
for high taxes— Gov. Hancock resigns — James Bowdoin chosen Gov
ernor — His political opponents — Parties forming---Public discontents
— Great debt, and no system to discharge it — Speech of Gov. Bow
doin, on the occasion — Proposes to pay off the debt, and to enlarge
the powers of Congress to regulate Foreign Trade — Immense public
debt— Difficult to provide for it — People complain, and resort to force
—Punishment for crime. ...... 305
CHAPTER XXV.
The Governor urgespayment of part of the debt, and a system to main
tain public credit— Tiie General Court do not respond to his advice-
Conventions of the People, complaining of the Courts of Law-— of Le
gal processes for collecting debts, and of laying so large taxes— Ex
tra session of General Court, in September, 1786 — Conventions of
People increase— Open opposition to Law— Proclamation and ener
getic measures of the Governor— Militia called out to protect the
Court — Measures for the relief of the People, but not satisfactory to
them— Lenity to the insurgents, and an Address to the People— In
surgents continue their opposition, and attempt to stop the Courts—
They assemble at Springfield to prevent the sitting of the Court 
Militia called out under Gen. Lincoln, and marched to Worcester
and Springfield— Insurgents flee from Springfield, and are pursued
to Hadley, Amherst and Petersham, where many are taken, and
the residue flee — Affairs in Berkshire. . . . .313
CHAPTER XXVL
Boundary Line between Massachusetts and New York settled both on
We»t »nd East of Hudson River— Delegates to a General Conven-

CONTENTS. XI
tion to revise the confederation — Mr. Hancock chosen Governor in
1787 — Objections to Mr. Bowdoin unjust— The most intelligent were
iis supporters — Produce a tender for debts — Governor's salary re
duced—Domestic Manufactures encouraged-— Attempts to pay oft'
the public debt— Federal Constitution formed and presented to the
States for adoption — Objections to Constitution ; a subject of great
discussion — Small majority in its favor — Amendments proposed by
the Convention. ....... 324
CHAPTER XXVII.
Federal Government favorable to Commerce — Assumes the debt of the
State in part— Debt and Taxes — Public Credit restored— Slave Trade
prohibited— Conduct of Mr. Hancock towards the Lt. Governor —
New York and Virginia propose another Convention — Massachusetts
disapproves the plan — Members of Congress— Address of the Gen
eral Court to President Washington — The Brass Field-Pieces, Han
cock and Adamsr— President Washington's Tour — Address to him —
Reply of Washington. ...... 331
CHAPTER XXVIII.
Opposers of the Federal Constitution — Federal Officers declared ineligi
ble as Legislators of the State — Debt of United States — Congress as
sumed the Debts of the States — Expenses of War to Massachusetts
Public Taxes— Lotteries disapproved— Gov. Hancock's views of
Federal Government — Prosecutions against persons concerned in the
Slave Trade— Justices of the Supreme Judicial Court — Plan for a
Theatre — Canal proposed across Cape Cod — Internal Improvements
— Laws for keeping Lord's Day — The suability of a State—Death of
Gov. Hancock — Samuel Adams Lieutenant Governor — His opinion
nf the Federal Government. ..... 338
CHAPTER XXIX.
Dispute with France ; — and with England — Formation of parties — At
tachment to France — Antipathy to, England — Censures on the con
duct of the Federal Executive— Treaty with England, 1794 — Objec
tions to it — Causes of party opinions — Views of Federalists and of
Anti-Federalists — Gov. Adams— His political opinions — His recom
mendations of support for Schools and Teachers of Religion. 348
CHAPTER XXX.
Mr. Adams President of United States — Political parties continue ; and
party feelings strong — Mr. Adams' opinions and character -Gov
ernor Adams declines— Judge Sumner elected — Stale of public opin
ion — Gov. Sumner rechosen — Difficulties with France— Measures of
defence. ........ 355
CHAPTER XXXI.
liCgal provision for Public Worship, and Religious Teachers — Com-
^aints by minor sects of the Constitution on the subject— A law in
1800, more favorable to religious liberty — Reference to law of 1811—
Complaints of Alien and Sedition Acts— Resolutions of Virginia,
condemning them — General Court of Massachusetts disagrees to
Resolutions of Virginia— Death of Gov. Sumner— Gov. Strong— His
character andopinions— Death of General Washington— Gov. Strong
re-elected— His Conciliatory Speech. .... 359
CHAPTER XXXII.
Gov. Strong continued in office several years — Mr. Jefferson President
 His Policy and Measures — Political opinions and Parties — Finan
ces of the State— Public Debt— Electors of President and Vice Presi
dent— Gov. Sullivan— His Characterand Opinions— Political Parties

Xll CONTENTS.
Policy of General Government — Non-intercourse and embargo — Let
ter of Mr. Pickering — Complaints of the Embargo — Additional Act, '
affecting the Coasting Trade. . . . . 366
is CHAPTER XXXIII.
New Embargo Act— Very obnoxious — Gov. Gore — His Character —
Charge against Federal Leaders as friends of England— Mr. Gerry
chosen Governor— His political character and Views— Measures of
the Democratic Administration--Political intolerance and proscrip
tion in 1811— Party spirit increases— The Governor denounce's Fed
eralists as enemies to the Country; and directs an examination of
Newspapers for libels — Complains of the Opinions of the Judicial
Court. ........ 374
''v CHAPTER XXXIV.
Gov. Strong, 1812 — His political opinions — Political Character of the
House — Bitterness ofjparty feeIings--Memorial against War— Gov
ernor's Speech — War declared against England— Call for the Militia
—-Objections to the War — And to ordering out the Militia— General
Order of the Governor, for the Militia to be in readiness to repel in
vasion — Extra session of the General Court — The Governor's state
ment. . . . . . . . .382
Hs CHAPTER XXXV.
Gov. Strong re-elected — Measures of defence against invasion — Arms
provided by the state for the People in the Seaports— Regular Troops
ordered out of the State — Opinions of Political Parties— Public De
clarations of a distinguished Federalist — Senate of Massachusetts —
Resolutions in New York-— Senators commissioned as Officers in the
Army— Speech of Gov. Strong— Disapproves of the War— Party De^
clarations and Opinions — Governor's Speech — Answer of Senate and
House— Militia called out for defence, in 1814 — Dispute with Military
Officer of the United States— Castine taken by the British — Extra
Session of the General Court — Governor's Speech— Answer of Rep
resentatives — Resolutions of General Court— Convention at Hartford
General Orders of Gov. Strong repeated, for the Militia to repel in
vasions—Who defended the State by his Orders. . . . 389
I, CHAPTER XXXVI.
Hartford Convention — Its Proceedings — Approved by the General
Court of Massachusetts — Objects of the Convention— Act of Con
gress to authorize a State to employ the Militia for Defence — Intelli
gence of Peace — Controversy touching the right to call out the Mili
tia—Governor's Speech on the subject — Mr. Gore's opinion on State
Rights— Terms of Peace — Manufactures — Mr. Strong again Gov
ernor, in 1815. . . . . . . , 407
1- CHAPTER XXXVII.
Gov. Brooks — His character and Political opinions — Extracts from his
public speeches-— Candid and magnanimous — Recommends the inter
ests of Education and Religion ; and a veneration for the Republican
Institutions of the Commonwealth— State Prison — Separation of
Maine— Re vision of the Constitution— Society of Cincinnati — Claim
of the State on the United States. . . . . , 417
Appendix. .......__ 439

HISTORY

OF

MASSACHUSETTS.

CHAPTER I.

Discovery of North America — Causes of Emigrating to America — Character
and Adventures of the Plymouth Pilgrims — Claim to America by Kings
of England — ^Patents and GrantST— The Native Indians — Civil Compact
at Cape Cod — Settlement of Wessaguscus and Mount Wollaston — Morton,
Lyford, Oldham, Conant, Blaxton, Cape Ann, Salem, Endicott, Charles-
town, Sprague — Arrivals in 1629 — Higginson, Skelton — Salem Church —
Opinions of the Errors of Church of England — Buildings at Salem — State
and Number of Indians — Arrival of Winthrop and Company at Charles-
town, Johnson at Boston, Saltonstal at Watertown, Pynchon at Roxbury,
Wilson and Phillips, Warham and Maverick — Settlement of Boston — Tax
on the several Plantations — Death of Johnson — Eminent Females —
Friendly Connexion with Plymouth — Patent, Formation ot Company in
England — First Court of Governor and Assistants at Charlestown —
Church Government — Purchases of Indians — Fortified Town — Early
Sickness in the Colony — Execution for Murder in Plymouth — Power
and Influence of Clergy, of Assistants and Freemen— First Vessel built
by Gov. Winthrop — Tax on the Colony and Committees, or Deputies —
Watertown objects — Dudley Governor — A few Disaffected — Character of
First Settlers, and love of Liberty.
In 1497, about four years and a half after Columbus first dis
covered the West India Islands, and before he visited the Con
tinent, John and Sebastian Cabot sailed from England, and
made the coasts of North America, in latitude 45 north.
They t)roceeded northward to the 60th degree, and south to
the Seth. But it is not certain that they landed on, or dis
covered any part of the country included in what is now Mas
sachusetts.* Bartholomew Gosnold was, probably, the first
* According to Ramusio, Cabot stated, "that, having proceeded as far
north as 56° under the pole, and despairing of finding a passage, (to India,)
he turned back to search for the same towards the equinoctial, always
with a view of finding a passage to India, and at last reached the country
called Florida." This was Sebastian Cabot, and in his second voyage, 1498.
And he might have entered some bays on the coast.
1

14 HISTORY OF MASSACHUSETTS.
European who landed on its coasts, which was in the year
1602. He visited the Elizabeth Islands, in Buzzard's Bay,
and the Vineyard, and probably, also, the main land, which
is within the limits of the present town of Dartmouth. The
whole country, from Florida to Newfoundland, was then known
by the name of Virginia ; and the part still so called was first
settled by the English in 1585. At first, Gosnold proposed
a permanent settlement on these islands; but his men soon
became dissatisfied with the plan, and he returned to England
the same year. In this voyage, Gosnold also discovered the
southeastern parts of Cape Cod.
In the Spring of 1603, Martin Pring and William Brown,
under the direction and by the permission of Sir Walter Raleigh,
in two vessels, one of fifty tons, and one of twenty-six, with
thirty men in the largest, and thirteen in the smaller, fell in
with the coasts of North Virginia, in latitude 43 ; and thence,
sailing south, visited Cape Cod, and passed round it to latitude
41, where they landed and remained several weeks, in the
month of June, and then returned to England.
Captain George Weymouth was employed by Lord Arundel
to visit North Virginia in 1605, who discovered the coast in
latitude 41. 80. And Henry Challons was sent out soon after
to make discoveries, but was attacked by the Spaniards, and
his vessel and property confiscated. Afterwards, in 1614,
Captain John Smith, whose exploits in Virginia have been
often celebrated, and who had been a great traveller in the ex
treme eastern parts of Europe, sailed along the coasts of Mas
sachusetts, and made more discoveries of the islands and har
bors than any one had done before. On his return, soon after,
and at his suggestion, the name of New England was given to
this part of the country, hitherto called North Virginia, by the
Prince of Wales, afterwards Charles I. king of Great Britain.
There is no proof, however, that Smith entered many of the
harbors, in this voyage.
Four years later Thomas Dermer was sent to the coasts of
New England, by Sir Ferdinando Gorges, in a ship pf two
hundred tons ; and with him, Squanto, (or Tisquantum,) an
Indian native of the country, who had been decoyed and car
ried to England by one Hunt, formeriy in the employment of
Captain Smith. It is probable, that in his second voyage, in
1619, Captain Dermer visited Boston and Plymouth harbors.
The country was then thinly inhabited ; it being only two or
three yeai's after the prevalence of a very mortal disease among
the natives.
The great design of these voyages was the acquisition of

HISTORY OF MASSACHUSETTS. 15
wealth and territory ; but it was also an object, from the first,
to find a fit place for a colony of Englishmen, for the propaga
tion of the gospel among the ignorant and debased aboriginal
inhabitants. And in this benevolent plan, the members of the ~\
Episcopal Qljureh- were the principal, if not the sole, actors. /
Afterwards, indeed, when the first permanent settlements were
made, particularly in New England, the enterprise was projected
and accomplished by the puritans, dissenters from episcopacy, on
account of alleged corruptions and usurpations by the hierarchy
and its friends, and of the imposition of unscriptural forms and
ceremonies on the members of the church.
The most serious objections of the puritans and dissenters
were to the different orders of ministers and officers in the
church, with greater or less powers ; to the luxury of the
higher grades of the clergy ; to the claims set up to impose any
rites and forms they should choose to prescribe, whether re
quired by Christ and his Apostles, or not ; and to the alliance
of the church with the civil power of the state.* For these ob
jections, and their consequent refusal to comply with unscrip
tural forms and ceremonies, which were justly considered of
merely human authority, the puritans were grievously op
pressed and persecuted, fined and imprisoned ; which led them
to look for some foreign land, where they might live in the
quiet enjoyment of their rights, as disciples of Christ, their in
spired master ;f and where they might also find a residence for
their posterity, free from ecclesiastical domination, and unchris- ^
tian forms of worship. They had also a strong desire to be ,
instrumental in diffusing a knowledge of the gospel among the j
unhappy pagans of America. This, in truth, was scarcely a /
secondary object with them ; nor did they afterwards omit any
efforts to accomplish this benevolent purpose.
The men, to whom reference is now made, were also dis
tinguished for their regard to the interests of civil liberty.
While struggling for their christian privileges, and examining
the foundation of religious liberty, they perceived the benefits
of political freedom, and soon became eminent for their zeal in
its support. One, who was an apologist for high monarchical
* See note A of Appendix.
t Though less tolerant than the celebrated Mr. Locke, who lived at a
subsequent and more enlightened period, Ihey possessed the strong love of
religious truth which he manifested, when he said, " that be should take bis
religion from the Bible, let it agree with what sect it might ; for it would be
inquired of him at the last day, not whether he had been of the Church of
England, or of Geneva, but whether he bad sought and embraced the truth."
This was the principle of the dissenters from the established church iri Eng
land, though tliey would tolerate none who differed from them.

16 HISTORY OF MASSACHUSETTS.
principles, acknowledged, " that the spark of civil Uberty, dur
ing the reign of the Stuarts, was kept alive chiefly by those
who were called puritans in the church."
So sincere and powerful was the attachment of these men to
religious liberty, that they made great sacrifices of property, and
endured sufferings and persecutions several years, for their con
scientious non-conformity; and many of them, particularly
those, who afterwards were the first settlers of Plymouth colony,
leaving their native country, removed to Holland in 1607, and
in several following years, residing first at Amsterdam, and
afterwards at Leyden. They remained in Holland till 1620,
when a portion of them embarked for America ; and landing
on Cape Cod in November, soon after (December 22d) made
a permanent settlement at Patuxet, since called Plymouth.
The greater part of the residue emigrated to Plymouth in 1624
and 1628, where, for many years, their privations and sufferings
were much more severe than they endured in Holland, or when
persecuted in their native land ; and yet those were very great,
or they would not have subjected themselves to the dangers
and distress attending a settlement in the wilderness.
Another and much larger company of English puritans set
tled at Salem and Charlestown in 1628 and 1629 ; and Boston,
Watertown, Dorchester, and Roxbury, in 1630. These were
the first settlements made in New England, which proved to be
permanent. A settlement was begun near the mouth of the
river Kennebec in 1606-7, but was deserted the following
spring. And small settlements were made a few years after
Plymouth, at Weymouth and Braintree, which were soon
abandoned. The first settlement at Plymouth numbered one hundred
and one, consisting of men, women and children; but, by their
great privations and exposure, they suffered severe sickness,
and nearly one half of the company died within five months
after they landed. They endured similar privations and suf
fering, occasionally, for several years, till they were able to
build comfortable houses, and to cultivate the earth with profit.
The danger from the savages was long imminent ; and their
fears, on this account, were a constant diminution of the com
mon enjoyments of hfe. They found some mitigation for these
fears, however, in the friendship of a powerful Sachem, not far
distant from their settlement. In 1630, when the colony of
Massachusetts Bay dates its origin, as then a large company
arrived and settled Charlestown, Boston, and vicinity, the in
habitants of Plymouth were estimated at three hundred. The
principal men of the colony were William Bradford, Edward

HISTORY OF MASSACHUSETTS. 17
Winslow, William Brewster, Miles Standish, Isaac Allerton,
Thomas Prence, John Alden, Samuel Fuller, and John How-
land ; to which may be added, John Carver, the first governor,
who died in five months after their landing ; and Robert Cush-
man, who was a short time in the colony, in 1621, but who
soon returned to England, and did not again visit America.
William Bradford was Governor of the colony from the
Spring of 1621, when Carver died, to 1657, (the year of his
death,) except two years, when Edward Winslow was elected
to that ofiice, and one, in which Thomas Prence was called to
the chair. It appears by his letters and manuscripts, that he
was a man of considerable literary attainments. William
Brewster, v/ho sustained the office of elder in the church, and
was the oldest of the company, had the benefit of a university
education ; and was some time in public life in England, during
the reign of Elizabeth. Miles Standish was of a noble family,
and possessed a high and indomitable spirit. Samuel Fuller
was a deacon of the Plymouth church, and a physician of some
eminence. He was sent for to Salem in 1629, in a season of
great sickness; and to Charlestown in August 1630, to attend
the sick, soon after the arrival of the large company, under
Governor Winthrop. Isaac Allerton and Stephen Hopkins
were men of good estates and numerous families. They, with
Brewster, Bradford, Winslow, Standish and Alden, and Shirley,
Andrews, Hatherly, Beauchamp, Collier and Thomas, who
still remained in England, were the undertakers, and became
responsible for the debts of the company. Hatherly, Thomas
and Colher, afterwards came over and settled in the colony.
Without the aid and accountability of Shirley and Andrews the
plantation might have failed, for want of funds and credit.
They also assisted in procuring a second charter in 1629, on
the discovery of the selfish plans of Pierce, in whose name the
first had been issued, though he was only an agent in pro
curing it.
In July, 1620, some merchants, and other opulent gentlemen
in England, were incorporated, by the name of "The Council
for the affairs of New England, or North Virginia;" and it was
proposed to make a settlement within their patent, and under
their protection. But that patent not being definitely settled,
the Leyden company resolved to go for some place south of
New England, near Hudson River. In this, however, they
were deceived. The captain of the Mayflower carried them
farther North, and they entered the harbor of Cape Cod.
This has been considered a favorable circumstance, though de
plored at the time ; as the Indians were then numerous in that

18 HISTORY OF MASSACHUSETTS.
part of the country ; while the territory about Plymouth and
Massachusetts Bay was almost depopulated by a recent mortal
sickness. . Before the settlements at Salem and Boston, the people of
Plymouth were constantly struggling for existence, and guard
ing themselves against the hostile attacks of the natives, a suf
ficient number of whom remained to harass and alarm them.
Though Massasoit was friendly, other chiefs on Cape Cod and
in Massachusetts were plotting their ruin. But by the pru
dence and wisdom of Bradford and Winslow, the bravery of
Standish, and the religious influence of Brewster, under the
protecting providence of God, they survived, they increased and
prospered. Though destitute of an ordained minister for
several years, their learned and pious elder faithfully performed
the duties of spiritual teacher and guide.
Civil authority was also maintained with equal moderation
and firmness. On their first arrival, in the harbor of Cape
Cod, they formed themselves into a political body, for the
maintenance of civil government; and at the same time ac
knowledged themselves the subjects of the crown of England.
They had then no charter from King James, or the Engfish
government, to exercise civil and pohtical authority; nor had
they, as yet, any patent or grant of the territory, where they
landed and proposed to remain. But they knew that their
king claimed the country, in right of discovery by the subjects
of England ; and they had indeed his express promise that they
should be unmolested in the enjoyment of their religious opin
ions and mode of worship. They were fully aware of the ne
cessity of assuming and exercising political powers; and in the
compact which they adopted, they declared their great object
to be the advancement of the christian religion ; and their uni
form professions and declarations were to the same effect.
This short constitution recognises the equal rights of every
member of the company, and implies that the object was the
equal benefit of each and all. And their first, as well as fu
ture governor, was chosen only for one year. Their language
was, '^that by this settlement, they hoped the honor of God,
of their king and country, would be advanced, without injury
to the native inhabitants ; that they intended not to take ought
but what the Indians were willing to dispose of; not to interfere
with them except for the maintenance of peace among them,
and the propagation of Christianity." The first places settled,'
after Plymouth, were Duxbury, Marshfield, Scituate, Taunton,
Barnstable, Sandwich, Eastham, Rehoboth, Bridgewater, Dart
mouth and Swansey.

HISTORY OF MASSACHUSETTS. 19
In the summer of 1622, a settlement was began, at a place
called Wessaguscus, now Weymouth, by some English people,
under the direction and support of Thomas Weston, an enter
prising merchant of London. The number of persons who
were of this company has been stated to be upwards of fifty ;
and two vessels were employed in the enterprise. They were
a very different people, in their character and views, from the
settlers at Plymouth ; and their chief object was gain. Weston
had given some aid to the Leyden company, by endeavoring
to obtain a patent for them early in 1620, and by promising to
furnish vessels and funds for the enterprise ; but his aim was
mercantile speculation and profit ; and they soon found that
they could not justly rely on his support.
The people of Weston's company treated the Indians with
great injustice, and in their intercourse with them used much
deceit and fraud. In their general conduct, as a society, they
were indolent, extravagant and immoral. They called on Ply
mouth for protection against the natives, whom they had pro
voked by their oppressions and insolence ; and Captain Stand
ish was sent to their relief. He slew several of the hostile
Indians, who threatened them ; and the Governor of Plymouth
supplied them with provisions from his scanty stores. The
following year they wholly abandoned the settlement.
Another settlement was begun in Massachusetts, in 1625,
under Captain Wollaston and one Morton, a lawyer of suspi
cious character. There were about thirty persons in this com
pany ; and they settled on and near an eminence on the South
side of Boston Bay, to which they gave the name of Mount
Wollaston. The site is within the town of Quincy, and on the
farm of the late John Adams, some time President of the United
States. Little is recorded of Wollaston ; and what has been
written of Morton, by his contemporaries, represents him as a
man without moral virtue, and destitute alike of honorable and
religious principles. There was scarcely the semblance of
order and decency in the settlement. They were improvident
and immoral themselves ; and their intercourse with the Indians
served only to corrupt these ignorant beings, or to fit them for
inflicting injury on the English settlements. They remained
longer than those did who were at Wessaguscus in 1622; and
their irregular conduct frequently called for the interference of
the people of Plymouth and of Salem ; but the leaders and
most of the company had dispersed before the arrival of Win
throp and others in 1630.
One Thompson, a Scotchman, who had passed a year at
Piscataway River, settled on an island in Boston harbor, in

20 HISTORY OF MASSACHUSETTS.
1624. And the following year Lyford and Oldham, who had
been banished from Plymouth for disorderly conduct, joined by
one Conant, made a temporary residence at Nantasket. Co
nant was not of the same opinions, precisely, with the people
of Plymouth ; being less opposed to the rites and forms of the
established church of England. Lyford and Oldham were men
of no stability of character ; the former assumed the clerical
ofiice, but was found to be immoral ; and the latter openly op
posed the civil authority. Both were inimical to the govern
ment of that colony. They complained afterwards of persecu
tion, and prevailed with some persons, who considered the
Plyraoutheans too rigid, to believe they had been severely
treated; but they were punished and ordered to leave that
jurisdiction, for plotting against the government. After a short
residence at Nantasket, these, with a few other persons, who
were found, or had lately come to the place, removed thence
to Cape Ann, chiefly for the purpose of fishing. Conant, with
three others, John Woodberry, John Balch, and Peter Palfreys,
characterised as prudent and honest men, left that place in 1626,
and settled at Naumkeag, since called Salem ; to which he was
urged by some characters in England, who were desirous of
effecting a permanent settlement in Massachusetts.
About this time William Blaxton, (or Blackstone,) who had
been a clergyman in England, settled on the peninsula, where
the city of Boston now stands. He continued at that place till
the arrival of the company under Governor Winthrop, in 1630,
and four or five years after, when he sold his possessions and
removed a little south of the patent of Massachusetts. He
was an eccentric and unsocial character ; neither agreeing with
the Church of England, nor with the puritans. He said " he
left England to escape the arbitrary conduct of the lord bishops ;
and Massachusetts, to be free of the rigid disciphne of the lord
brethren." In 1628, an important settlement was made at Salem, under
John Endicot, who was chief of the plantation, till Governor
Winthrop, with many others, arrived in June, 1630, and settled
at Chariestown, Boston, and vicinity. After the death of
Winthrop, he was Governor of Massachusetts several years,
and for one year in the lifetime of that eminent man. Endicot
had rnuch energy and decision of character, and was well quali
fied, in many respects, to build up a new plantation in the
vifilderness ; but he was narrow and rigid in his theological
views. This company came over in pursuance of a plan of Rev.
Mr. White and others, who had been then some time preparing

HISTORY OF MASSACHUSETTS. 21
for a colony in New England, to extend the knowledge of the
gospel, and to provide an asylum for such as chose or were
obliged to flee from ecclesiastical tyranny in England ; and it
was designed also as preliminary to the removal of larger num
bers, which took place in 1629 and 1630. The company
which came with Endicot consisted of one hundred ; and they
were far better supplied than the people of Plymouth were, at
their first settlement. Of this party, three brothers, of the
name of Sprague, with a few others, soon removed to the spot
on which Charlestown has been since built. They found an
Englishman living there, by the name of Walford, a black-smith.
The Indians were more numerous at this place than in the
vicinity of Salem ; but they readily consented that the English
should reside there, and the chief was mild and friendly in his
deportment. The nextyear, (1629,) three ships, with two hundred passen
gers, arrived at Salem ; and a part of these also settled at
Charlestown, one of whom was Thomas Graves, an emipent
engineer. The population of these two places was estiinated
at three hundred, including those who arrived in 1629 ; two
hundred of them were at Salem, and one hundred at Charles
town. There were four ministers in this company. Mr. Hig
ginson and Mr. Skelton continued at Salem, and were learned
and pious men : Mr. Smith, who was of an odd temperament,
and supposed, sometimes, to be partially insane, went first to
Nantasket, and thence to Plymouth, where he officiated some
years ; and Mr. Bright, who seems not to have gone to the
extreme of non-conformity with the puritans of that period,
soon left the country and returned to England.
Higginson and Skelton had received episcopal ordination in
England ; but holding the established church there, to be greatly
corrupt, if not antichristian, they chose to devote themselves
anew to the sacred office, by public prayer and by submitting
to the imposition of hands by some of the lay brethren, as
teacher and pastor. Delegates from the church of Plymouth
attended on the occasion, by invitation ; not, however, to direct,
or to impart any special ecclesiastical power, but to sanction
the solemn act and to show their christian affection for the
new-formed church. There was no pastor, at this time, over the
church in Plymouth, and the delegation was considered by the
members, both of that and of the Salem church, simply as an
expression of christian fellowship.
The people of Plymouth have sometimes been supposed
more decidedly to oppose and condemn the English hierarchy,
than those of Salem, and those who came the nest year to
2

S2 HISTORY OF MASSACHUSETTS.
Boston; but Mr. Skelton and Mr. Endicot were entirely in
sentiment with the Plymouth church, as to the errors and cor
ruptions of the church of England, and of the propriety of a
separation from it. They also agreed, as to the real independ
ence of the churches, and of the perfect equality of their min
isters or pastors. Governor Winthrop and his associates, who
arrived the year following, did not consider the English estab
lished church as precisely antichristian, and yet they charged
it as being unscriptural, arbitrary and corrupt. And, indeed,
the people of Plymouth, through the influence of their enlight
ened pastor, John Robinson, had become cautious of denounc
ing the church of England as absolutely unchristian. Win
throp, and others of his company, both of the laity and clergy,
coincided in sentiment with the pilgrim church, as to ecclesias
tical government, the equal powers of all christian ministers,
and the necessity of following the directions of Christ and his
Apostles, in opposition to all rites and forms adopted by, and
all decrees resting solely on, human authority.
When the company with Higginson and Skelton arrived at
Salem, in 1629, there were only eleven houses, one of which
was for public use. During that year, several were erected in
Salem and in Charlestown, and preparations were made for
building more the following season, for the accommodation of
those then expected to arrive. Among those who arrived in
1628 and 1629, were some servants of the more opulent ad
venturers, who proposed to come over in 1630 ; and of Mr.
Craddock, one of the principal undertakers, but who never
came to Massachusetts. Such was the condition of the colony,
that it was thought best to release them from servitude the
next year ; and most of them became worthy freeholders in
the plantation.
There were few Indians at this time, near Salem, and they
were entirely pacific and friendly. They were in fear of other
tribes at the eastward, which probably induced them to seek
the good will of tlie English. The Sachems at Saugust, Mis-
tic and Agawam, cheerfully consented to their settlement, and
sold them tracts of land for articles of small value. Naumkeag,
or Salem, waa uninhabited by any of the natives, when Endicot
arrived. The settlement of Massachusetts is commonly fixed in 1630;
as it was in that year Governor Winthrop and company, con-
«isting of nearly two thousand souls,* arrived, and settled at
* Flfteea hundred oome with Winthrop, two hundred just before him,
and settled at Dorchester, and there were three hundred at Salem and
Charlestown when he arrived.

HISTORY OF MABBACHUSETTS. 23
Chai-lestown, Dorchester, Boston, Watertown, and Roxbury.
The people who settled Dorchester, though of the same reli
gious views and opinions, were not immediately connected with
those of Winthrop's company, till after their arrival. They
arrived a short time before the larger company, and first pitched
on the bank of Charles River, at Watertown ; but a part of those
associated with Winthrop claimed the place, and they removed
the same summer to Dorchester. Seventeen ships were em
ployed in 1630, bringing over passengers, cattle, and stock.
They arrived in Salem harbor; but soon moved round to
Charles River, and landed the people and goods on the north
side. Within two months, however, Isaac Johnson, one of the
most opulent of the company, fixed his residence on the south
ern peninsula, since called Boston; and several others soon
followed him. A part of tlie company, under Sir R. Saltonstal,
settled up the river, at Watertown ; and Pynchon, and others,
soon established themselves at Roxbury.
In this company were two able and pious clergymen ; John
Wilson, who was the pastor of the Charlestown or JBoston
church; and George Phillips, minister of the Watertown church'.
The people of Boston and Charlestown formed but one church
for about two years ; and, after a few months, as early as No
vember, the greater part having removed to the Boston side,
the public religious meetings were generally held at the latter
place. By a public tax, levied on the several settlements, in
September 1630, Boston was assessed £11, and Charlestown
but £7. Early in 1631, another tax was laid, in which Boston
and Watertown paid a similar and the largest sum ; Charles
town and Dorchester were next; Salem and Roxbury still
lower. With the church and people, who settled Dorchester, came
also two able and pious ministers, Warham and Maverick, who
had been pastors of churches in the west of England. Lud
low, Stoughton, Rossiter, and Clap, were distinguished laymen
of the same company. And the principal characters with Win
throp were Sir R. Saltonstal, Thomas Dudley, Isaac Johnson,
William Pynchon, Wilhara Vassall, Simon Bradstreet, Increase
Nowell, William Coddington, and Thomas Sharp.
Before this company sailed from England, April 1630, they
addressed a letter, signed by Winthrop, Saltonstal, Johnson,
Dudley, Philhps, Coddington, and others, to their brethren of
the episcopal church ; in which they acknowledge the church
of England as their mother, blessing God for their birth and
education as Englishmen, expressing christian charity for all
the pious and good of that community, and desiring their

24 HISTORY OF MASSACHUSETTS.
prayers, for the success of the enterprise in which they had
engaged. The early death of Isaac Johnson, eminent alike for his
wealth, and his zeal in favor of the settlement, was a heavy
loss. He had devoted all his property, as well as his life, to
the building up of a colony in Massachusetts, for the support
of pure Christianity. The influence of Johnson, arising from
his wealth and piety, was so great, that when he died some
were ready almost to despair of the continuance of the planta
tion. His noble consort, who left an abode of abundance and
elegance, from her attachment to religion, died soon after their
arrival, and some weeks before this worthy man's decease.
Her death, probably, hastened his descent to the grave. She
was not the only female, in this distinguished company, of con
fessors and martyrs, who were of noble families. The wives of
Humfrey, who came over soon after, of Rev. Messrs. Shear
man, Bulkley, and Whiting, were daughters of noblemen ; and
so was Lady Moody, who resided some time in Massachusetts.
And they are honorable examples of the pious sensibility and
rehgious devotion of the female character.
_ Governor Winthrop, and the eminent men associated with
him, in the settlement of Massachusetts, were equally friendly
towards the people at Plymouth, as Endicot, Higginson and
Skelton had been. The Rev. John Cotton, fi-om whose church
several of the Massachusetts company came, and who joined
his friends in Boston, in 1633, advised them " to take council
with their christian brethren of Plymouth, and to do nothing to
injure or offend them." The Rev. Mr. Warham, of the church
in Dorchester, also expressed a desire to one of Plymouth
church, in 1630, to be on friendly terms with that chnrch and
people ; and he declared himself satisfied with their ecclesiasti
cal government and proceedings. Similar sentiments of chris
tian kindness continued to be cherished by the principal char
acters of Plymouth and Massachusetts ; and were mutually
beneficial to each, till the union in 1692. The great objects
of the emigration of the company with Winthrop to Massachu
setts, were like those proposed by the people of Plymouth, the
enjoyment of religious liberty, and the diffdsion of christian
knowledge among the native Indians. But the leading men
of each colony were too wise to suppose they could live with
out civil government, or the friendly protection of England
They recognised the authority of the crown, and had patents,
or grants from the king, for the territory on which they settled,
who claimed the greater part of North America, by virtue of
discoveries, which were made by his subjects.

HISTORY OF MASSACHUSETTS. 25
The council for the affairs of New England, (which was in
corporated in 1620,) granted to certain knights and gentlemen,
about Dorchester, in England, in^l628, the territory lying be
tween the rivers Charles and Merrimac, and extending thiee
miles south of all and any streams connected with the former,
and three miles north of the latter; and west to, the southern
ocean. This grant was soon after confirmed by Charies I.,
and a patent was issued, under the broad seal of England,
giving power to govern the colony to be there established.
Endicot, Johnson, Saltonstal, Humfrey, Vassall, Nowell,
Pynchon, and Bellingham, were among the_ patentees. The
next year, Winthrop, Dudley, and others, at the instance of
Rev. Mr. White, were associated with them. Matthew Crad
dock was chosen the first governor of the company, in Eng
land ; but as he did not purpose to remove to New England,
Winthrop was chosen to that place, before the company em
barked, in 1630; and it was then also voted to transfer the
powers of government to Massachusetts, where the settlement
was to be made. Dudley was, at the same time, chosen
deputy governor; and a board of assistants, viz. Endicot,
Saltonstal, Humfrey, Johnson, Pynchon^ Nowell, Coddington,
Vassall, and Sharp.
By the royal charter, the patentees of Massachusetts, their
associates and successors were declared a body politic: the
governor, deputy governor and assistants, with the other mem
bers of the company, had power to make laws and orders for
the general good, not repugnant to the laws of England,
and to punish all violations of such laws. This instrument
was made a sufficient warrant to the officers of the colony to
execute its laws, even against the subjects of England, who
might visit there for trade, or other business ; to punish, par
don and govern all such, as well as those who had settled
within the plantation. The laws of England were early re
cognised in the jurisdiction, except in so far as the condition of
the colony required additions and alterations.
The first court of assistants, after the company arrived, of
which the governor and deputy governor were, officially, chief
members, was held at Charlestown, on the 23d of August.
This court was also in session twice in September ; and in
October there was a general court, composed of all the freemen
or members of the company within the limits of the patent,
when it was agreed, that the assistants should be chosen by
the whole body of freemen, and that the assistants should
chose the governor and deputy governor from their number.
These latter, whh the board of assistants, were authorized to

26 HISTORY OF MASSACHUSETTS.
make orders and laws for the government of the colony, a"d
to appoint officers to execute them.
Soon after the arrival and settlement of the company, one
hundred and eight persons expressed a desire to take the oath
required of the freemen of the jurisdiction ; some of whom
had been in the country several years, as Maverick, Black-
stone, and Conant. The next year, it was ordered that none
but members of the church should be admitted to the privi
leges of freemen. This was justly considered a grievance by
those who were not of the church. But it continued to be
the law for maij^'om the first settlement.
The power ofthe lay members of the church was equal to
that of the pastor or teacher, except that the latter was ex
officio moderator of the church meetings, and the authority to
administer the ordinances belonged exclusively to him. Each
church was admitted to have all power necessary to be exer
cised for discipline and government, and for the choice and
separation of the clergymen ; and therefore were, at first,
called independents ; but afterwards, were generally denomi
nated congregationalists.
The Indians near Boston manifested a friendly spirit towards
the company, which settled there in 1630, as they had done to
the people of Salem. They were, indeed, so few in that imme
diate vicinity, that they must have been unsuccessful in any
attack on the English, unless they had received recruits from
a distance. In 1632, there was an apprehension that a con
spiracy was forming against them by the natives, but there
was no satisfactory proof of such a design, at that period;, and
the Neponset chief, and other petty sachems, were then on good
terms with the government. Part of Boston was purchased
of Blackstone, soon after the arrival of the company in 1630,
though not all, immediately. He prohably bought of the
Indians, as they were on friendly terms with him ; and in other
instances, as Salem and Charlestown, the full consent of the
natives was given, for some small consideration, that the
English might have possession. In no case, does it appear,
that the lands were occupied by force or fraud. The natives
were few, and they put a small value on the soil. It was in
perfect good faith that the sales and purchases of the different
tracts were made. So it was in Plymouth colony. Governor
Josiah Winslow, in 1675, says in a public document, " that
no lands there had been taken up, but by purchase, and consent
of the natives who claimed them."
Under the direction of such able and worthy men as Win
throp, all proper regulations were early made, for maintaining

HISTORY OF MASSACHUSETTS. 27
the peace of the community, and for providing the necessary
means of safety and defence. They felt fully competent,
by the grants of power in their charter from the king, and by
virtue of their rights as Englishmen, to make laws for the
support of civil authority. It will be seen, by reference to the
powers given in that instrument, as before stated, that they
might with propriety exercise all the authority requisite for
self-government, and for the protection and welfare of the
colony. That they were ready to use all the powers granted
by their charter, there is abundant proof; and if they exceeded
those powers, it was generally, if not in all cases, owing to
their distant location from the parent country, which rendered
the exercise of sovereign authority necessary ; or to their
jealous care to preserve their religious liberty.
Several courts of assistants were holden, within a few months
after their landing at Charlestown. The first was in August,
two were in September, two in October, and others in Novem
ber and December. After forming anew into churches, at
Charlestown, Watertown and Dorchester, and ordering a sup
port for the Clergymen, particularly of the two former, and
providing houses for the approaching winter, they consulted for
preparing a fortified town, in a central and proper place, for
protection against the natives, of whose disposition towards
them they could not be fully informed in a few months. The
places mentioned for this purpose, were Boston, Roxbury,
Watertown and Cambridge, then called the New Town. The
general opinion was in favor of the latter, for the chief town,
where the principal characters were to live ; and Winthrop,
Dudley, and others accordingly prepared to build in that
place. But in the spring of 1631, it was concluded, that
Boston should be the capital of the colony, and there Winthrop
and some other public men fixed their residence. This caused
a temporary coldness between Winthrop and Dudley, who
sustained some pecuniary losses by the change ; but a cordial
reconciliation soon took place between them. As at Plymouth,
soon after the arrival of the pilgrims, there was much sickness
among the people who came to Massachusetts in 1630. About
two hundred of the company died, within the first year.
Whether this is to be attributed to change of climate, or poor
provisions, or unusual exposure to the cold, it is difficult to
decide. Their privations and sufferings were very great ; and
their condition was far different from that in which most of them
had before lived. On finding that their stock of provisions
was fast spending, they despatched a ship, eariy in the autumn,
for Ireland ; which returned in February following, and gave
great relief to the plantation.

28 HISTORY or MASSACHUSETTS.
The magistrates were consulted, by the government of
Plymouth, in October, as to the execution of a man, for mur
der, committed within that jurisdiction ; and they advised that
he should be put to death, " that the land might be purged of
blood." It was a plain case of felonious homicide. But it was
a question, with some in Plymouth, whether the colonial gov
ernment had authority to inflict capital punishment; or
whether the case should not be referred to the judicial tribunals
in England. The charter for Massachusetts was explicit on
this point. During the first year, one hundred and eight per
sons were admitted freemen ; the most of whom came over
with the governor and his company in June, 1630 ; but some
were admitted who were in the country before their arrival.
The original patentees, their heirs and assigns, were considered
members of the company, and freemen of the jurisdiction ; but,
in 1631, it was ordered, that none should be of the General
Court, and be allowed to vote for the election of governor and
assistants, except they were also members of one of the churches.
The General Court was composed of the whole body of free
men at first, by whom the Governoi: and assistants were elected,
who had all judicial and legislative power in their hands ; the
people had then no further power or care in the government.
In the large company which arrived in Massachusetts, in
1630, there were many gentlemen of family, property and
education. Winthrop, Dudley, Saltonstal, Nowell, Ludlow,
Bellingham, Bradstreet, Pynchon, Coddington and others, were
men of good information and more than ordinary learning; and
those of the clerical profession among them were also well
educated characters.
The clergy, from the first settlement, and for a long period
after, had great influence, not only in the church, but in the
civil government. This influence arose from their learning and
piety; the sacred office alone gave them little power. The
spirit of equality which prevailed among the puritans, in many
respects placed the clergy and the laity on a level. But the
clergy of that period were not mere theologians; they had been
led to inquire into the nature of civil government. The state
of England had forced the subject on their attention. Hence
their competency to judge in political and social, as well as
ecclesiastical affairs. They were therefore often consulted on
the concerns of civil government ; as to the separate powers of
legislators and judges, of the peculiar authority of the board of
assistants and of the assembly of deputies, and of the propriety
of making war and peace. And, if the clergy were sometimes
permitted and invited to give advice, touching political matters.

HISTORY OF MASSACHUSETTS. 29
the civil magistrates claimed authority to direct or to advise in
ecclesiastical affairs. Such power was often exercised by them,
not merely as individual members of a church, but when acting
as a body and in the capacity of magistrates. They aimed not
at a real alliance of the church and state ; but they contended,
that religious teachers and institutions were necessary to the
good order of society ; and they considered it their duty to
regulate the churches and to keep them pure.
Many individuals of the company, who formed the first settle
ment, were intelligent and judicious, as well as pious characters.
Winthrop, especially, was well qualified for the leader and gov
ernor of this infant colony, by his literary attainments, his legal
and pohtical knowledge, and by his prudence and discretion as
well as by his strict probity.* A close, if not a severe discipline
was necessary for some in the plantation, who were not of the
church, but who had come over as servants, or as mere adven
turers for gain. Six persons were sent to England with Captain
Pierce in the spring of 1631, as they were thought to be dan
gerous to the order of the colony and the morals of the people.
Some of the leading men of the company returned to England
in 1630, and early in 1631 ; as Sir R. Saltonstal, Messrs.
Coddington, Revel, Vassall, and Sharp. But additions were
made to the colony, by emigrations in 1631 ; and a number of
neat cattle were also imported.
At a meeting, in May 1631, of the freemen, and the gov
ernor, deputy governor, and assistants of the preceding year,
which was called "the General Court," it was agreed, that
there should be such a meeting or court, annually, and the
freemen propose such for assistants as they chose. Winthrop
and Dudley were then chosen to be governor and deputy
governor. It was soon after agreed that the assistants should
be chosen by the whole body of freemen ; and the governor
and deputy governor be selected out of that body. The
emigrations were greater in 1632 than in 1631 ; and the
settlements in the jurisdiction were extended. Governor
Winthrop had a farm at Medford or Mistic ; where he built a
small vessel called " The Blessing of the Bay."
On the levy of the first tax, the people of Watertown
objected to pay it, alleging that it was without just authority,
• Gov. Bradford says, in a letter, "the Governor of Massachusetts is that
worthy and pious gentleman, John Winthrop, under whose able, prudent
and godly government, the plantation and churches there have much in
creased, to the great joy of our hearts and of all good men." Fuller; a phy
sician and deacon of the church at Plymouth, says, " Gov. Winthrop is a
godly, wise and discreet gentleman, humble withal, and of a fine and good
temper." 3

30 HISTORY OF MASSACHUSETTS.
and arbitrary, that the governor and assistants should impose
taxes without the voice of the whole freemen. But the objec
tion was withdrawn, when they were told that the assistants
were chosen by all the freemen, with the power to govern the
plantation. When a tax was afterwards to be assessed to
defray certain public expenses during this year, it was proposed
to have a meeting of committees from the several plantations ;
and two were chosen for that purpose. This probably led to
the measure adopted in 1634, of having representatives of the
freemen from every town in the colony, to form a legislarive
body with the board of assistants. Instead of having all the free
men assemble, who, at first, chose the governor and assistants,
and had then no other power in the government. The pro
priety of this measure was doubted, as the charter only provi
ded for the meeting of the whole company; but it was justly
argued, that it was not Inconsistent with its spirit, and that the
freemen might vote and act in person or by deputies chosen
for the purpose ; such being the case In all companies and
societies. This course was therefore continued, from that year ;
though, at first, the deputies made but one assembly with the
assistants. The towns represented, in 1634, were Boston,
Salem, Charlestown, Watertown, Dorchester, Roxbury,
Cambridge (or the New Town) and Saugust, or Lynn ; Wes
saguscus and Mistic were not represented, in this assembly,
and probably had then very few inhabitants, or freemen.
Some of the settlers at IVTistic were servants or tenants of Mr.
Craddock, one of the principal patentees, but who never came
to the country.
At the election in May, 1634, Mr. Dudley, who had been
several years the deputy governor, and was the oldest of the
company, was chosen governor; and in 1635, Mr. Haynes
was elected to the chief magistracy ; Mr. Winthrop, like Gov
ernor Bradford of Plymouth, being desirous of some relief
from the heavy cares of thatoffice. He was, however, appoint
ed one of the assistants for these years ; and thus the colony
had the benefit of his opinion in all public affairs, as an adviser
of the governor and as a magistrate.
It was soon found that the soil was friendly to the cultivation
of fruit, vegetables, and grain. Indian corn was raised by the
natives in most places, though in small parcels. In 1633, rye
was also raised, much to the comfort and benefit of the people.
In 1633 and 1634, Ipswich was visited and settled; a son
of Governor Winthrop was eariy there, but did not long
remain. The Intercourse with the Indians was frequent and
friendly ; but the people of the colony were in trouble from

HISTORY OF MASSACHUSETTS. 31
the enmity of some individuals among themselves, who were
immoral and turbulent characters, and who, for some just
punishment, complained of the conduct of the governor and
assistants to the parent country.
The character and education of the leading men both of
Plymouth and Massachusetts, was such as to fit them for the
enterprise which they undertook, to form a religious and polit
ical society, founded in the equal rights of men, and of obedi
ence to God as their Supreme lawgiver and Governor. Their
distinguishing trait of character was a sacred regard for divine
revelation, united with the conviction, that civil government
was essential to social order and justice. But republican
or democratic principles were recognised in their full extent.
The whole body of the freemen were to choose magistrates, and
make the laws in person or by their deputies, and every
attempt to evade this principle was early opposed and sup
pressed. Their zeal for religion and for the support of Chris
tianity was, generally, wisely tempered by their knowledge of
human nature and of the Importance of civil authority. The
condition of their native country had served to prepare them
to be political as well as religious guides. Brewster, Brad
ford, Winslow and Prence of Plymouth, and Winthrop,
Bellingham, Ludlow, Dudley, Nowell, Pelham, Pynchon and
Bradstreet, weie qualified from their knowledge and experience
to direct the affairs of civil government. If they differed,
in some of their enactments and policy, from the old govern
ments of Europe, it was not through Ignorance or fanaticism,
but from a reference to their peculiar situation, and from a
supreme regard to the divine authority. All the freemen were
on a level, and therefore had equal rights ; and a less strict
discipline than was adopted towards strangers and intruders
would have subjected the infant colony to confusion and misrule,
if not to an entire overthrow.

CHAPTER II.

Opposers of the Colony — Complaints against it, and threatened with loss of
Charter — Intolerance — Roger Williams — Eminent Men who arrived after
the first settlement— Connecticut settled — Militia— Forts— Taxes — Haynes
Governor — Elections by the People and Deputies — Bellingham— Dutch
on Connecticut River — Disputes with R Williams — His Banishment —
Increase of Plymouth — Sir H. Vane arrives, and is chosen Governor —
Governor W'mthrop — Pequot War — Religious Disputes — Mrs. Hutchin-
soa--First Settlers the Friends of Human Learning- -Many oflbem Learned
Men — Artillery Company and Militia— Charter recalled — Claims of Col
ony to Political Power — Printing Press — Distribution of the Power? of
Government — Standing Council — Dudley Governor — His Character —
Prosperity of the Colony — BeUingbam Governor — Trade — North Line
of Patent — Assembly of Divines at Westminster, England — Union of the
four New England Colonies.
The colonies in New England had enemies in the parent
country, from their first settlement. The puritans, by whom
these colonies were first projected and planted, were very
obnoxious to the English hierarchy ; and the supporters of the
¦ Stuart family, were no less opposed to them, for their political
opinions. They were watched, with an evil eye, and attempts
were often. made to withdraw or curtail the civil powers grant
ed them by the royal charter. Some merchants, also, who
regarded America only as a theatre for gain, were Instrumental
in inflicting injuries, or in obstructing their prosperity. And a
few Individuals, for sometime resident in the colony, who
were secret friends of the established church of England, or
envious of the prosperity of the puritans, plotted against them.
Sir Christopher Gardner, a traveller and adventurer without
character, Morton, who had been at Mount Wollaston some
years, and Radcliffe, sometime a tenant of Mr. Craddock,
were banished from Massachusetts in 1632 ; as Lyford and
Oldham had been from Plymouth, at an earlier day. Soon
after they reached England, whither they ,were transported,
they preferred a memorial to the government, in which they
complained, that the rulers of Massachusetts were Intolerant
and severe towards all persons, not of their pecuhar views;
and that they assumed and exercised greater civil power than
was given by the charter, or was consistent with the entire
sovereignty of the parent state. Sir Ferdinand Gorges, and
Mason, who had grants of land in Maine, and on Piscataqua

HISTORY OF MASSACHUSETTS. 33
river, and some others, were active In urging the presentation
of this complaint. But the decision of the king and his privy
council on the petition, was favorable to the colony of Massa
chusetts ; which was acknowledged to have been planted,
without cost to the English government, and was Inhabited by
peaceable and loyal subjects of his majesty. But the follow
ing year, on other similar complaints, and great numbers
intending to remove from England to Massachusetts, which
alarmed the government there, an order of the council was
adopted, forbidding all emigration ; and Mr. Craddock, the
principal character of the patentees of the colony, was directed
to bring the charter before the board. But this order was
not Immediately followed by any oppressive measures towards
the colony. At a little later period, the archbishop of England
and ten others, officers of the court, obtained a commission
from Charles I. granting them full power to alter or revoke
the colonial charters, and to govern the inhabitants according
to their own mere will and pleasure. But this commission also
was superseded, or remained without operation and effect.
These measures of menace and these designs of oppression,
were chiefly owing to the character of the puritans in the
colony, who were unv?illing even to tolerate episcopalians and
other dissenters from their ecclesiastical rules and discipline ;
and were also known to be opposed to all arbitrary power in
the state. The first planters of Plymouth, of Salem, of
Boston, and other places in Massachusetts, cannot, perhaps,
be fully justified for their strict discipline and government, in
all cases, or for their severity towards those who would not
conform to their opinions and usages ; yet some apology may
be found for them, in the fact, that they came to America
under great privations, after long persecutions in England, to
enjoy their forms of worship, which they believed were
agreeable to the word of God; and had they not been select
in receiving new comers, and in ejecting the turbulent and
schismatic, their object would have been entirely defeated, and
the colony probably broken up. But these considerations
may not fully justify the conduct of the first and early settlers,
in their exclusive and censorious spirit towards such as dissent
ed from their opinions and forms. They were inexcusable in
their treatment of Roger Williams, whd was an honest, though
an eccentric character; of Child, B/own, and others, who
were desirous of worshiping God according to the liturgy and
prayer book of the established English church ; of Mrs.
Hutchinson and her adherents, who, though very fanatical,
did not deserve the harshness with which they were visited

34 HISTORY OF MASSACHUSETTS.
for their extravagant and erroneous opinions ; and least of all,
for their persecutions and punishment of the Quakers. Wil
liams, merely for his honest independence of opinion, was
driven out of the colony in the midst of a severe winter,
(1635 — 6)* and It seems almost miraculous that he did not
perish under his accumulated sufferings. It was a memorable
remark of Governor Haynes to Mr. Williams, in 1635, " that
he believed God had prepared this part of the worid for people
of all sorts of consciences and opinions." Mr. Williams was
considered by his friends to be precipitate and passionate.
Among those who arrived in the colony and became perma
nent settlers, after the year 1630, and within three or four
years, were Richard Bellingham, who was one of the original
patentees, with Endicot, Saltonstal, Johnson, and others ; John
Winthrop, Jr., oldest son of the governor; Sir Henry Vane,
who, the year after his arrival was chosen chief magistrate ;
John Haynes, who was also governor for one year ; Herbert
Pelham, a near relative of the Duke of New Castle ; Sir R.
Saltonstal, Jr.; and Rev. Messrs. John Elliot, John Cotton,
Thomas Hooker, Samuel Stone, John Norton, Thomas Shep-
erd, Nathaniel Ward, John Lothrop, and Thomas Parker.
Mr. Elliot, after a few months of preaching in Boston, in 1631,
in the absence of Mr. Wilson, and before the arrival of Mr.
Cotton, was ordained over the church at Roxbury, where Mr.
Pynchon and others settled, soon after landing at Charlestown ;
and probably in the fall of 1630. Mr. Cotton, who arrived in
the colony in 1633, and had been long intending to come over,
was settled, with Mr. Wilson, over the church in Boston.
Mr. Hooker, and Mr. Stone, were placed at the New Town, or
Cambridge; and removed, in 1635, with several of their
church and people, to Connecticut ; and about the same time, a
part of the Dorchester people settled Windsor. Mr. Pyn
chon soon left Roxbury also, and fixed his residence higher up
on that river, the present site of Springfield. Mr. Ward was
at Ipswich, and there also Mr Norton settled, after passing a
few months in Plymouth, where he first landed. Mr. Lothrop
first settled in Scituate, and thence removed to Barnstable ;
Mr. Sheperd succeeded Mr. Hooker at Cambridge, and Mr.
Parker was at Newbury, with a Mr. Noyes. To these may
* It is not very important whether Williams was banished in 1635 or '36.
It has been generally st.ited that it was in 1635; but Dr. Holmes and Dr.
Bently fix it in 1636. Williams says, in one of his letters, that it was the
year beforeithe Pequot war, which was in the spring of 1637. He was
banished in the winter of 1635 — 6. He came over in 1631, was about ayear
at Salera; then two years at Plymouth ; then again at Salem about a year
more.

HISTORY OF MASSACHUSETTS. 35
be added Rev. Mr. James, who became the pastor of the church
in Chariestown, in 1632, on its separation Horn that of Boston;
Rev. Mr. Whiting, who was at Lynn, Richard Mather at
Dorchester, after the removal of Warham and Maverick, and
Jonathan Mitchell, who was eariy settled in Cambridge.
A fort was erected on Castle Island in 1634 ; and one had
been thrown up on the hill in the south-east part of Boston in
1632. Militia companies were also early formed ; and
the officers were required to train and discipline them every
week. There were then fears of an attack from the French in
Acadie, as well as from the Indians, who complained that the
English were encroaching on their lands.
When a tax was assessed in 1633, the proporlion was as
follows, viz: Boston, £16, Roxbury, £13, Charlestown and
Watertown, £13 each, Dorchester, £15, Salem, Lynn, and
Cambridge, each £8. And in the fall of the same year,
Boston, Roxbury, Charlestown, Watertown, and Cambridge,
were taxed ahke; the other towns less. At this period, the
clergy were consulted, for preparing a code of laws suitable to
the condition of the colony, and the character of the people ;
and they were also requested to consider the propriety and
importance of some regular discipline of church government.
Laws were made to prevent extortion and oppression, espe
cially, as to the price of labor and necessary articles of living.
The governor discouraged all needless ceremonies and expen
ses ; and set an example of economy and sobriety. For the
first three years, the powers of government were almost wholly
with the board of assistants. Including, indeed, the governor
and deputy. But this was with the general consent of the
people, who also had the privilege and the power to elect
these magistrates.
In 1635, w^hen Mr. Haynes was chosen governor in the
room of Mr. Winthrop, a change took place in the government,
of having representatives from every town, to be a part of the
legislative body, as before mentioned. This change was not,
probably, made because Winthrop was not chosen governor,
for he was still one of the board of assistants, or council, and
he desired to be excused. The great Increase of citizens, no
doubt, was the principal reason for the alteration. The whole
body of freemen had been accustomed to assemble, though it
was only to elect the governor, deputy and assistants. The
first year, indeed, the assistants chose the governor and deputy.
There were, now, eight towns, besides some smaller settle
ments, as Agawam, Wessaguscus, Mistic, and Winneslmit.
The whole population was probably not less than four thousand.

36 HISTORY OF MASSACHUSETTS.
for in 1630 it was estimated at two thousand ; and large addi
tions were made in 1632 and 1633 ; and seven years from this
period it was more than twenty thousand. It was now thought
proper and expedient, for the freemen to meet in their respec
tive towns, and choose three of their number to represent the
people in a general court, or a legislative assembly, a part of
which was the governor, deputy, and the assistants, also chosen
by the freemen. Four general courts a year were holden a
short time, for legislative business ; and for a few years, the
representatives and assistants formed only one assembly. Hav
ing gained this portion of power in the government, the repre
sentatives soon claimed a share in both the executive and judi
cial proceedings. But this was warmly opposed.
At this time, when the people and the deputies demanded a
share of the legislative power, and even claimed judicial author
ity, they proceeded so far as to impose a fine on the assistants,
for disregarding an order of the general court. Mr. Endicot
was also reprimanded for indiscreet and rash conduct. In cutting
the cross out of the king's colors, with the pretence that it was
a relique of popish superstition. It was supposed he was urged
to this Imprudent act, by Roger Williams, who then resided in
Salem. Mr. Endicot was further punished for this conduct, by
being declared Ineligible to any public office for a year. Com
plaints were even made against Governor Winthrop ; and he
was questioned as to some public receipts and disbursements,
while he was in office. But on inquiry, he was honorably ac
quitted; and not even a suspicion against his integrity remained.
Richard Bellingham, one of the original patentees of Massa
chusetts, and who arrived in the colony in 1634, was chosen
deputy governor in May, 1 635, when Mr. Haynes was elected
the governor. Mr. Bellingham was educated a lawyer, and
had a greater share in framing the laws of the colony, than any
others, except Winthrop and Cotton. He was distinguished
alike for good judgment and incorruptible integrity. He was
generally one of the assistants, and at a later period, was several
years chief magistrate of the colony.
When the settlements were^ made at Hartford and Windsor,
on Connecticut River, in 1635, by the people from Cambridge
and Dorchester, there were conflicting claims to that part of
the country, by Massachusetts, Plymouth, and the Dutch, on
Hudson River. The place had been visited, several years
before, by some Plymouth people, who erected a House for
trade with the Indians. The Dutch, soon after, took posses
sion, a little lower on the river, claiming the place to be within
their patent. Some disputes arose, in consequence of these

HISTORY OF MASSACHUSETTS. 37
various claims ; but no serious difficulties occurred with the
Dutch at the time ; and yet it was supposed, that they insti
gated the Indians, two years after, to make hostile attacks on the
English, in that part of the country.
There was much public excitement through the colony, in
1634 and 1635, relating to the opinions and conduct of Roger
Williams. His honesty was never justly doubted, but he was
wanting in prudence and stabihty of character, and indulged in
very extravagant theories. He made himself obnoxious to the
government, by denying the vahdity of their title to the soil,
on account of the royal grant ; insisting that the Indians were
the only proprietors ; and by opposing the claims of the
civil authority, to make any laws touching the observance of
the sabbath, or other religious ordinances. In the assertion
and publication of these sentiments, he was considered a dis
turber of the public peace ; and when he could not be con
vinced of his errors, was ordered to depart from the colony.
His opinions led him to refuse religious communion with most
others, and even with members of his own family. And he
condemned all who would not join him in anathematizing the
church of England. With all these extravagances, he had a
great portion of human kindness in his disposition, and was
ever ready to make personal sacrifices for the welfare of others.
Individuals of distinction, both In Massachusetts and Plymouth,
showed him much kindness, even at the time of his banish
ment ; and afterwards, till his death, he was esteemed for his
benevolence, honesty and piety. Mr. Williams was a scholar
and a clergyman. He preached some time In Salem, after his
arrival ; then at Plymouth, for about two years; thence he re
turned to Salem, where he openly advanced his pecuhar and
obnoxious opinions; and in the winter of 1635-6, when ordered
to leave Massachusetts, he went south, and took up his abode
at a place which he called Providence.
The colony of Plymouth was, at this time, in a prosperous
condition, though it was still small and feeble, compared to
Massachusetts. Under the direction of wise and prudent
characters, the debts, early contracted for their transportation
and original settlement, were discharged; some vessels were
built ; and their trade increased ; and several towns were settled
in different parts of the colony.
When it was proposed, in 1634-5, by Mr. Hooker and the
people of Cambridge, to remove to Connecticut River, a ques
tion arose, as to the power of the representatives, acting sepa
rately from the assistants. The consent of the general court
was asked, for the removal, as it was believed the welfare of
4

38 HISTORY OF MASSACHUSETTS.
Massachusetts might be affected by it ; and it was said that all
ought to remain together for the common defence and pros
perity. The majority of the representatives were in favor of
the removal ; but a vote could not be obtained for it in the
board of assistants. The representatives insisted, that the
assistants should yield to them, as the larger body ; andas the
votes for removal, taking those of the deputies and assistants,
were more than those against it. The assistants resisted this
claim of power on the part of the representatives ; but in 1635-6-
the removal took place ; and it was afterwards settled, that no
order or law should be binding, or take effect, unless the
majority, both of the deputies and assistants, approved of it.
Sir Henry Vane, who came into the colony in 1635, was
elected governor the following year. He was under thirty
years of age, but of accomplished manners, and very conciliat
ing and popular in his deportment; and he was also a high pro
fessor of piety. His religion, however, was not such as to
divest him of a love of power. He sought the favor of the
people, particularly of those who made great pretensions to
sanctity, and was put forward by them, as a rival and competitor
to Governor Winthiop. In 1637, after some electioneering by
the particular friends of these gentlemen, Winthrop was elected
to the place of governor ; and Vane soon after returned to
England, where he acted a conspicuous part, in the time of
the- commonwealth ; and afterwards suffered heroically, under
Charles II. The qualities of Governor Winthrop, both of the
head and the heart, were such as to secure the utmost confi
dence from all the intelligent and judicious characters in the
colony. The first serious danger to which the people and govern
ment of Massachusetts were exposed, from the Indians, was in
1637, when the cruelties and injuries committed by the Pequot
tribe were so great, that war was formally undertaken against
them ; in which those of Plymouth and Connecticut united.
This tribe resided between the Thames and Connecticut rivers,
and at and near the present site of New London. They had
attacked and slain several of the English, who were trading in
their vicinity ; but it is probable the persons slain had pre
viously done some injury to the natives. The English de
manded satisfaction without effect; and the conduct of the
Pequots was so unjust and menacing, that it was believed the
safety of the colonies required that they should be subdued.
An attempt was first made, in 1636, to bring them to submis
sion, and Endicot was sent with eighty men for that purpose.
The Indians made evasive answers, and he returned without

HISTORY OF MASSACHUSETTS. 39
effecting a negotiation. His force was too small to reduce
them. The natives near Boston were few, and no Indications
had appeared of their hostility, to cause very anxious fears to
the government. At a distance, they were more numerous.
Besides the eastern tribes, there were the Pautucketts, on the
higher parts of the Merrimac River; the Nipmucks, to the
west and southwest; the Pocanoketts, at Mount Hope, and
extending through the colony of Plymouth ; the Narragansetts,
the Nianticks, the Pequots, and the Mohegans, in the south
west parts of Rhode Island, and the adjoining territory of Con
necticut. Of these, the most formidable and savage were the
Narragansetts and Pequots. After it was determined to make
an attack on this hostile tribe, and in their own country, the
three colonies of Massachusetts, Plymouth, and Connecticut,
agreed to furnish men for the war. The attack was made on
the Pequots, by the Connecticut troops alone, before those
from the other colonies arrived. Major Mason, who had been
a soldier in the continental wars in Europe, and like Standish,
of Plymouth, was considered an able military character, had the
command of them. His attack was very bravely and skilfully
conducted. He came on them by surprise, though they knew
he was on his march against them. The sachems and chiefs
made a desperate defence, for some hours ; but the panic and
confusion were so great, on account of the unexpected assault,
when it took place, that they were completely routed with
great slaughter. The remnant of the tribe was soon after pur
sued to a distance by the Massachusetts troops, which had
come up, and wholly routed and dispersed. The Narragan
setts, Nianticks, Mohegans and Nipmucks, (except that a dis
pute among themselves involved the colonies in a degree) were
subsequently peaceable and submissive, till the attempts made
by Philip, in 1675, to destroy all the English in the country.
During. the year 1637, an unhappy dispute arose, as to the
nature of faith and justification, which agitated the whole com
munity. Some extravagant and dangerous opinions were ad
vanced, tending to licentiousness, under pretence of glorifying
the sovereign grace of God. The sentiments were justly op
posed and reprobated, but the deluded people were treated
with undue severity. Several persons were banished, or chose
to leave the colony, rather than submit to the censures and
restraints imposed on them. The settlement on Rhode Island
was begun, at this time, under Coddington, Coggeshall, and
others, who had been banished on a charge of erroneous and
dangerous sentiments. A large minority of the freeholders
were implicated in this alarming heresy; and the govern-

40 HISTORY OF MASSACHUSETTS.
ment considered it so dangerous to social order and good morals,
that the supporters of it were disarmed. Rev. Mr. Cotton of
Boston, and Governor Vane, favored the opinions of these
fanatics, for some time, before they proceeded so far as to re
quire the Interference of the civil government. Their apology
was, that divine grace was magnified by their creed. But it is
probable, that the deluded persons withheld their opinions from
Mr. Cotton, to the extent which they confessed them to others.
Their opinions tended to the most revolting antlnomlanism ;
and all that was required by them to be a christian and a spirit
ual person, was a feeling and a belief of justification by a
sovereign act of the Deity. Governor Winthrop, Rev. Mr.
Wilson, and most others of the clergy, opposed and censured
this opinion, as dangerous to the purity of the churches, and
directly contrary to the plain declarations of the gospel. These
were therefore denounced as legal preachers, while Mr. Cotton,
and few others, were said to preach the doctrines of grace.
When Mr. Bulkley was settled at Concord, in 1636, he was
condemned by these high spiritual professors, as teaching a
covenant of works, and some declined assisting in his Instalment
on that account ; and yet he was the writer of a pamphlet en
titled, « The Gospel Covenant of Grace." The Rev. Mr.
Hooker exerted a salutary influence at this time. He expressed
doubts of the benefits of a synod, to settle religious disputes,
from an apprehension that party feeling and prejudice would
have an undue influence in the decision. And Governor Win
throp insisted, that the appeal should be to the scriptures ; and
his prudence and firmness maintained a good degree of order
and peace. Indeed, the Bible was professedly made the stand
ard by all ; but each sect claimed to decide what it taught, and
condemned such as differed from them.
The men, who first settled Plymouth and Massachusetts,
were friends of human learning, and early made provision for the
education of youth. Of the Massachusetts company, a great
portion were well educated men, and they considered human
knowledge essential, or highly Important for the public teach
ers of religion. The number of learned men among them was
as great, in proportion to the whole population, as in any part
of England, at that period. It was only a few fanatical per
sons, and those not among the men of influence, who supposed
that religion did not need able and learned advocates.
In 1636, the general court granted £400 for the support of
the school at "Cambridge ; and in 1638, Rev. Mr. Harvard, of
Charlestown, bequeathed half of his estate, being about £800, to
the same seminary. It soon after received the name of Harvard

, , , , ,

HISTORY or MASSACHUSETTS. 41
College ; and the government frequently afforded it pecuniary
aid, to induce men of learning to become teachers, and to
qualify youth to maintain the peace and honor of the colony.
At a later period, provision was made, at the college, for giving
a classical education to such of the Indian youth as were dis
posed to receive it. Nor was it long (1646) before laws were
enacted for the support of public schools in all the towns within
the jurisdiction of Massachusetts.
By the provident care of the government, an order was
early made for arming the freemen, and training them for
military service. A laudable spirit prevailed, in this respect,
among the most eminent characters. An artillery corps was
formed in 1638, composed of men of property and influence in
the colony, which has been continued, under the name of the
Ancient and Honorable Artillery Company. There was an
application for an act of incorporation of the company in 1639,
but it was not granted ; yet it had the approbation and support
of the government. In 1639 two regiments of militia, of five
hundred men each, were formed, and paraded with great show ;
one of which was commanded by the governor, and the other
by the deputy governor, in person.
There was early a jealousy, on the part of the parent gov
ernment, of the growing power of Massachusetts ; and it was
often pretended, that the colony had assumed authority incom
patible with a due subjection to England. Evidences of this
disposition have already been noticed. In 1638, at the instance
of the attorney general, urged, no doubt, by those particularly
inimical to the colony, or the advocates for arbitrary power in
the parent state, a writ of quo warranto was issued, by order
of the Ijord Commissioners for foreign plantations ; requiring
the proprietors, or patentees, of Massachusetts Bay, to surrender
their charter, on the plea of having exceeded the powers granted,
and of abusing the royal grace. Those who were in England
appeared, and judgment was rendered against them. Governor
Winthrop was served with a similar process ; but he did not
appear nor -answer, except that the general court, through his
influence, probably, forwarded a petition to his majesty; in
which they referred to the powers granted by their charter,
which they alleged they had not abused nor exceeded ; that
the colony would be greatly injured, and the people deprived
of the rights and privileges of Englishmen, if the charter were
resigned, and the arbitrary will of officers in England were to
govern ; and praying the forbearance and clemency of his
majesty. Either the Lords Commissioners were satisfied with
the statement, or the pohtical disputes and divisions in England,

42 HISTORY OF MASSACHUSETTS.
at the time, prevented further proceedings on this subject.
Some clauses in the royal charter for a government in Massa
chusetts, as before stated, gave large powers; and the
rulers of the colony were always ready to exercise them to the
full extent. The object of the English government, invariably,
was to prevent the exercise of powers not cleariy given, and
even to interpret the charter more unfavorably to the authority
to the colony than the people here admitted ; or to recall the
first charter, and substitute another calculated to keep the col
onists in entire subjection, and under the constant control of
Parliament ; or, perhaps, to allow no charter ; leaving the inhab
itants to the capricious will and pleasure of the favorites of the
crown. The colonists claimed all power proper for an entirely sep
arate government, except that their laws should not be
repugnant to England, and a recognition of dependence on the
crown ; which, as they construed it, seemed not to prevent their
exercise of the highest civil powers ; while the political charac
ters in the parent country admitted the power, only to make ne
cessary local regulations, and Insisted on the right of appeal in all
cases, to the decision of the king or parhament. This differ
ence of opinion, and this contest, continued for nearly ten
years, when the disputes in England, between the friends of
royalty and the advocates for civil liberty, prevented much
attention to the conduct of the colonies.* The opposers of
Charles I. were generally friendly to the government and
leading men in Massachusetts. Yet, in 1650, when some of
them advised the governor and assistants to solicit political
favors of the parliament, they declined ; from the considera
tion, that, if they put themselves under the protection of the
British government, it might become necessary to be subject,
in all cases, to such laws as it might afterwards impose ;
which, in the end, would probably prove highly prejudicial to
the rights of the colony. There was a constant assertion,
from an early period of the settlement of Massachusetts, of a
right to the liberties of Englishmen, and of political authority,
as granted in their charter, for self government.
Within the first ten years of the settlement, by Winthrop
and his company, the colony was well supplied with mechanics
and artificers ; and cattle were so numerous, as to be sold for
less than half the sum demanded in the three years 1630 —
1633. The manufacture of linen and woollen cloths was
* The dispute was soon after revived, however, in time of Charles I. and
his successors ; nor did it in fact long sleep at any future period; but broke
out with more power and effect in 1770.

HISTORY OF MASSACHUSETTS. 43
encouraged by the General Court, at this period. The breed
of sheep was also an object of attention ; flax was grown in
many parts of the colony, and cotton vvas imported from the
W. Indies. In the same period, there were eighteen churches
formed in the colony, and nine in Plymouth ; and were sup
plied with able and learned pastors.
In the early days of the colony, the clergy had great influ
ence, even in political affairs ; but it was used, most frequently,
only at the request of the civil authority, instead of being
exerted in opposition to, or In derogation of it. Their literary
and moral character entitled them to consideration, even in
political concerns ; and they proved themselves the friends of
social order and civil liberty. If they sometimes assumed to
control the laity in matters of religion, it was from mistaken
rather than ambitious views; behevlng that they had discov
ered the whole truth of God's word, they felt themselves bound
to teach and maintain it. Mr Cotton, of Boston, was often
consulted on political subjects, and seems to have been ready
always to give his advice, and exert his influence. He was
requested to assist in preparing a code of laws for the colony ;
and with the aid of Sir Henry Vane, while he was governor, a
system was drawn up, but not published till several years
after. Capital punishments were provided for many crimes ;
and the levitical law was made the basis of the code.
The first printing press in Massachusetts was put in opera
tion in Cambridge, in 1639. It was the property of the widow
and heirs of Rev. Mr. Glover, who had been engaged by
Governor Winslow, of Plymouth, for a religious teacher in that
place. Glover died while preparing for, or on the passage
from England, and the press was worked by one Day, for the-
benefit of his family. The press, soon after, passed into the-
hands of Samuel Greene ; and among the first books or pamph
lets printed, were an almanac for New England, and a metrical
version of the Psalms of David.
As the colonists had prepared no formal constitution of civil
government, and the charter contained only general expressions
of a grant of power to the company, it is not to be wondered,.
that, for some time, there were disputes, as to the division and
distribution of power, among the magistrates, and the people.
The company was, indeed, organized in England; for its
members were too wise to attempt any acts of a corporation or
society, without a compact, and some general rules and regula
tions. How they proceeded, for several years, after the first set
tlement of the colony, has been briefly narrated. For three
years, the governor and assistants exercised both legislative

44 HISTORY OF MASSACHUSETTS.
and judicial authority ; the people using no power but that of
the election of those rulers. In 1634, the people not only
chose the assistants and the governor, but selected some of
their number, in every town, to form a legislative assembly, in
conjunction with the others. They soon assumed to control
the assistants, by requiring them to yield to their wishes and
proposals, and claimed authority to sit as a judicial tribunal.
This was resisted,, not only by the assistants, but by most of
the clergy, and many others who were the most discreet char
acters among the laity. Notwithstanding the claims of the
freemen, or of their deputies, rather, thesmallbody of assistants
with the governor had the power to give a negative to any bill
from the house of representatives ; so that no law or order was
perfect without their concurrence.* It was also settled, that
the representatives should have no power as a judicial tribunal,
except in so far, as their own privileges were concerned, or to
act on petitions for new trials .f
While Vane was governor, there was a proposition for a
standing or permanent council, to consist of the governor and
two members of the board of assistants. Mr. Cotton favored
the proposition ; probably from his great regard for Vane. No
evil had resulted from this measure for three years. But it
was not agreeable to all the deputies of the people ; and yet
the only pecuhar authority they possessed, was to act as an exec
utive body, when the board was not in session. The assistants
yielded so far, as to explain, " that it was Intended the standing
council should be chosen from the assistants, and that no member
of that council was to have power as a magistrate, unless also
annually chosen into the board of assistants." The assistants
took part, with the deputies, in all acts of legislation ; and they
also constituted the courts of law ; though some discreet and
intelligent men were appointed, in all the -large towns, to act
as justices or judges, in the origin of most disputes.
Mr. Dudley, who had been governor one year, and generally,
the deputy governor, was again elected chief magistrate in 1640;
and Mr. Bellingham was chosen the deputy. Dudley was
a man of great integrity and piety, but bigoted and intolerant
* It would appear, by this dispute, that the board of assistants and the
deputies set in separate apartments ; but it was not till 1644, that they held
their meetings in different rooms ; and yet it is evident that they must have
acted as two distinct bodies.
t Lechford, who complained of the magistrates and clergy in Massachu
setts, in 1640, as severe and intolerant, says, " wiser men than they, going
into a wilderness lo set up a government different from that established in
England, would probably have fallen into greater errors than they have
done."

HISTORY OF MASSACHUSETTS. 45
in his theological views. Bellingham had a more cultivated
mind, and much legal Information ; but he, too, was rigid and
exclusive in his opinions, according to the spirit of the times.
Winthrop was passed by, not from any disesteem, or want of
confidence of the people ; but to relieve him of the cares of
government, and probably, in accordance -^ith the republican
maxim, of rotation in oflice. The towns were now restricted
to two deputies, an order to that effect having been passed in
1639. There were some objections to this restriction, but
they were not available.
The colony was not much increased this yea?, by emigration
from England. The state of the kingdom was such, as to
engage the attention of the opposers of arbitfery power, and to
excite a hope that they should soon enjoy civil and religious
liberty in their own country. The estimate of the number
of people in Massachusetts, at this time, (or in 1641,) was
21,000. The number of ships, in which they were transported,
has been differently stated ; it could not have been less than
two hundred, which would require only one hundred In a ship ;
and some brought a greater number. The condition of the
colony was now very prosperous; and those who had known
it in the first three or four years after the settlements began,
called it the golden age of New England. The land was culti
vated to advantage, cattle much increased, and were purchased
at reduced prices. The people were industrious, and of great
sobriety of manners. Produce was sent to the West Indies, and
trade extended to the Wine Islands : fish, lumber, and furs,
were the articles exported ; and the proceeds carried to England
to purchase manufactures wanted in the colony. Protection
was granted to the fisheries, by exemption from taxes, and
military trainings.
In 1641, Mr. Bellingham was elected governor, and Mr.
Endicot, the deputy. The same assistants, with few changes,
were chosen for many years. It is an honorable record to the
character of Belfingham, " that he was one who hated bribes."
But this testimony was not given, to distinguish him from many
others in this respect. None of the public men in the colony
were then charged with dishonesty or selfishness. Winthrop
always proved himself to be upright and faithful, as well In
public as private life. For some years, when the colony was
small and poor, he had no salary granted for his support ; and
it was the practice to make him, as well as the clergymen,
presents. But he soon declined receiving them, through a
fear, that he might possibly be influenced by them, in his offi
cial conduct. 5

46 HISTORY OF MASSACHUSETTS.
On account of regulations on trade, which extended to, or
were particulariy designed for the colonies, and which operated
heavily on the merchants, agents were sent to England, to
obtain relief The friends of the crown were not disposed to
favor the colonies, by remitting the customs or duties : but the
parliament, then" opposed to the measures of the king, were
more ready to grant indulgence ; especially, as the settlements
had been made without expense lo the government of England,
and the colonists were desirous of spreading the gospel among
the heathen : another reason might be, that the political opin
ions of the ru«ers in Massachusetts were agreeable to most
members of pariiament. A resolve passed the House of Com
mons favorable to*the petition from the colony, and granting
an exemption from the former duties, which was transmitted
to Governor Winthrop ; but it does not appear, that the House
of Lords concurred in it.
The north line of Massachusetts was ordered to be run, in
1641, and the construction put on the words of the patent was
such, that the river Merrimac was followed up to its source,
and thence a line drawn easterly, which included all the north
ern and eastern part of New Hampshire, and part of Maine,
within its jurisdiction. And thereupon, Portsmouth, Exeter,
and Dover, put themselves under the government of Massachu
setts. This construction of the charter was decided, afterward,
to be erroneous.
The Increase of the anti-episcopal party in England, led to
a convocation or assembly of divines, at Westminster, in 1642,
to agree on a creed and a form of church government. Rev.
Messrs. Cotton, of Boston, Hooker, of Hartford, and Daven
port, of New Haven, were invited to attend as representatives
of the churches in New England. Cotton and Davenport were
disposed to accept the invitation, but Hooker declined; and
the others were persuaded from attending. Hooker was de
cidedly In favor of independency, or Congregationalism, and he
feared that the presbyterian form of government might be
adopted by the assembly in England.
Some serious disputes between the inhabitants of Hartford
and ]^ew Haven, and the Dutch about Hudson River, together
with the hostile movements and reported designs of the Narra
gansett and Niantick tribes of Indians, against the English, in
duced the four colonies of jMassachusetts, Plymouth, Connecti
cut, and New Haven, (the two latter being then distinct juris
dictions,) to form a confederacy, in 1643, for mutual defence,
and for the protection and defence of all. The people in
Rhode Island were then in such an unsettled state, as not to

HISTORY OF MASSACHUSETTS. 47
be invited or allowed to belong to the union. A proposition
was made, three years previously, for such a confederacy, by the
people of Hartford ; and now the measure was adopted through
the urgent request of that colony and New Haven, who were
the most exposed, both to the Dutch and to the Indians.
Massachusetts was reluctant in joining the confederation, as it
felt able to protect itself; and as its authority and influence, in
all matters, to be decided by the united council thus formed,
would be on a level with the other colonies, which were all far
less populous and powerful. And in some of the proceedings,
under the confederacy, complaints were made, "that Massachu
setts grasped at an undue share of power." This compact
provided that every colony might have two commissioners in
the general meetings, or congress ; and that the charges of war,
and other expenses, for the protection of the whole, should be
levied on the colonies according to their respective population.
In many emergencies which arose, this union was found bene
ficial ; and it served to keep up a spirit of harmony between
all the English in New England. The meetings of the com
missioners were held in rotation in each of the colonies thus
united, and were continued, with little interruption, till 1686.
The object was similar to that of a temporary congress iu 1754,
and of the more memorable one of 1774. The colonies
respectively retained and exercised all the power of making
internal laws and regulations, as before the union. At that
period, Massachusetts contained about as many inhabitants as
all the other colonies. It was to furnish one hundred men. In
the event of a war ; and the others forty-five each. The settle
ments had been so much extended in Massachusetts, that the
following year four counties were formed, viz. Suffolk, Essex,
Middlesex, and Norfolk, which contained the towns on the
north of Merrimac River. Besides Springfield, the inland
tovras settled, at this period, (1643) were Concord, Sudbury,
Woburn, Dedham, and Reading.

CHAPTER III.

Treatment of the Indians — Gorton — Episcopalians — French in Acadie —
Shipping — Militia — Slavery — Baptists and Quakers persecuted — Iron
Works — Magistrates direct in Religion — Economy and Sobriety — Troubles
in England — Synod — Publication of Laws — Witchcraft — Death of Gov.
Winthrop — Maine — State of Plymouth Colony — Great Powers exercised
by the Colony — Dispute with Connecticut about duties — Canada pro
poses an Alliance — Disputes in Great Britain — Gov. Winslow Agent —
Dutch at New York troublesome — Mrs. ilibbins executed for a Witch —
Maine — Trade of Massachusetts — Cromwell proposes a removal of the
People of New England to Jamaica — Leverett Agent in Eiiijland — Treat
ment of Quakers and Baptists — Government of England forbid their per
secution — Efforts to improve Indians — Ecclesiastical Aflfairs in hands of
Magistrates as well as Clergy — Pynchon — Dr. Owen — Youtli of Massa
chusetts — Number of Towns and Churches — Population — College.
In the early disputes and wars with the Indian tribes, the
government of Massachusetts was charged, in some instances,
with severity and injustice. The plea of the colony was, that
it acted on the defensive ; and that it never adopted measures
of hostility, but on proof of combinations forming against it, or
repeated acts of savage cruelty. The union of the colonies
was owing to similar considerations ; and the conduct of the
confederated commissioners afforded a full vindication of the
policy of Massachusetts. At the time this confederacy was
formed, the Narragansett tribe, (with the Nianticks adjoining,
and which was in subjection to it) the most formidable in New
England,_after the conquest of the Pequots, discovered a dan
gerous spirit of enmity, both by conspiracies and overt acts of
hostility. They made frequent attacks on the Mohegan tribe,
which was in peace with the English, and which the colonies
were bound to protect. Warnings and remonstrances had no
effect on the Narragansett sachen:]. He sought to take the
life of the Mohegan chief in secret ; and the latter afterwards
challenged him to single combat, which was declined. During
the contest, the sachem of Narragansett fell into the hands of
the Mohegans ; and after consulting the commissioners of the
united colonies, was put to death by Uncas, the Moheo-an
chief He had forfeited his life to Uncas, by the rules°of
Indian warfare. But it was .made a question, whether the
commissioners could be excused in advising or consenting to
the act. By some writers it has been confidently asserted,

HISTORY OF MASSACHUSETTS. 49
that t"heir conduct in this case, was altogether unjustifiable,
while others have found an apology for it. In the repeated in
stances of treachery proved against the Narragansett chief, and
in his attempts to take the hfe of the Mohegan sachem, who
was under the protection of the English. It might savor of
undue partiahty, to justify the first aud early settlers of New
England in all the measures they pursued towards the natives
of the country ; but their general character for justice, hu
manity and religion, will be a shield against the charge of any
acts of deliberate cruelty or oppression. They were in a con
dition of imminent exposure from the savages, and the great
law of nature would lead them to measures of protection and
defence. Mr. Williams, of Providence, justified the united
colonies for the war against the Narragansetts.
The treatment of Samuel Gorton, who resided chiefly in
Rhode Island, but was frequently in Massachusetts, a man of
very fanatical and turbulent character, has also been severely
censured. But he disregarded the lawful authority of the
government, and endeavored to cast contempt on their institu
tions and forms of worship ; and also instigated the savage
chief of Narragansett to acts of hostility towards other Indians
under the protection of the colony. These petty sachems
were, moreover, oppressed by Gorton and his adherents, and
their lands taken by him, by fraud and injustice. His conduct
was too extravagant and lawless to escape even the censures of
the tolerent and indulgent people of Rhode Island. The rea
sons given by those in the government of Massachusetts, in the
early and critical period of their settlement, for what has been
considered unreasonable and severe treatment of a portion of
the Anabaptists and the Quakers, were, that the conduct, as
well as the opinions, of these individuals and sects, was in de
fiance of legitimate authority, and that it tended not only to
weaken the power of the church, but to disturb the public
peace. They were punished and banished, not merely for the
erroneous opinions they advanced, but for insubordination and
disobedience, when in the colony, to the express orders of the
legislature. The confinement of Gorton may appear harsh and
unnecessary, to those who consider the present state of opinion
respecting fanatics or levelers ; but the extravagant tenets they
advanced and published, were in derogation of the just authority
of the civil government, and would have soon prostrated the
religious institutions, which it cost so rnuch to establish and
maintain. In a society, very enhghtened and long established,
it may be good poHcy to permit the expression of all opinions,
not of direct and immediate dangerous tendency ; but when

50 HISTORY OF MASSACHUSETTS.
opinions obviously tend to undermine the fundamental princi
ples of a community, and lead to misrule and disorder, it would
be folly to tolerate them. In much later and more enlightened
times, it has been considered necessary to punish the blas
phemer, and the active malignaul infidel.
Gorton went to England and complained of Massachusetts
for severe treatment, and tiie government there listened so far
to his statement as to give directions, that he should be allowed
to pass through thek jurisdiction ; but the assistants were divid
ed In opinion, as to such indulgence to hira, and the deputies
were wholly opposed to it. He was not content with merely
passing through the colony, but delayed his departure, in order
to spread his obnoxious tenets, or to provoke the resentment of
the government. The deputies and assistants joined In a remon
strance to the government of England against the order in favor
of Gorton; and in their protest, while they recognised their
dependence on the parent state, they contended for power, by
their charter, to punish or banlsli all who were disturbers of the
peace of the colony, and to make laws for the support of gov
ernment, as they had established it.
Other troubles, growing out of religious opinions and forms,
shortly after arose with the friends of episcopacy. There
were a few attached to the liturgy and other forms of the Eng
lish establislied church, from the early settlement of the colony.
But they were not allowed publicly to observe those forms of
worship. They were considered by the puritans, as unscrip
tural and merely of human authority ; and therefore, In their opin
ion, not to be tolerated in the colony. When charged by these
few adherents of the episcopal church, with Intolerant, arbitrary
conduct, they referred to their charter, and insisted that they
had a right to forbid the forms of worship inconsistent with the
ecclesiastical system which was approved by the company in
Massachusetts, and for the support of which they had suffered
so much in settling the country. The wisdom of this policy
may be justly doubted, since particular forms and rites of
religion are not essential to its spirit and tenor ; but the right
in a legal view perhaps will not be denied ; and the toleration
pleaded for would have been fatal to the design which they had
in view. The error of the puritans consisted in assuming,
that they had at last discovered the true meaning of revelation,
in all things, and that it was their duty to allow no deviations
from it. Governor Winslow, who was then in England, was
employed by Massachusetts to defend the measures, of which
both the fanatical Gorton, and the advocates of episcopacy
complained. He prevented the evil which threatened the

HISTORY OF MASSACHUSETTS. 51
colony, by his zeal and fidelity ; but the Indignation of the
ministry was visited on him personally. On this occasion, as
well as others, a protest was made against sustaining appeals to
the parent government, by individuals, from the decisions given
in the colony against them.
The general court of Massachusettsshowed their abhorrence
of the slave-trade in 1645, by ordering a Captain Smith to send
back, at his own charge, some negroes, which he had brought
to Piscataqua that year. It was proved that they had been
taken by force or fraud on the coast of Guinea : and man-steal-
idg was made a capital crime by a law passed in 1649. There
were some instances of negro slavery, however, in the colony,
at an early period, and even to the time of the revolution ; but
they were few, and public sentiment appears to have been
unfavorable to the practice. The slave-trade was never per
mitted by the government of Massachusetts.
About this period, an unpleasant dispute with the French,
at Penobscot and St. Johns, which had given alarm and trouble
for some time, was amicably terminated. Endicot was then gov
ernor (1644) ; and the commissioners of the united colonies at
their meeting, in 1645, confirmed .the treaty. The difficulty
began when Winthrop was governor, in 1643; and he was
censured, at first, for favoring the claims of La Tour, a French
man, in that quarter, against his rival, Monsieur D'Aulney.
But Governor Winthrop was afterwards justified for the course
he had pursued. The people of Plymouth, and Massachusetts,
and the French at the eastward of Kennebec, depredated on
each other, at that perlo'd ; and the termination of the contest
was highly beneficial. The seizures and the losses were not
very great, but were severely felt, when the colony was feeble,
and its navigation and trade just beginning to expand. England
was then so much engaged In its internal affairs, that the colony
adjusted the dispute with the French settlements, of its own
authority and choice, though it had the sanction of the com
missioners of the then New England colonies. D'Aulney was
then in possession of Penobscot, and claimed as far as Pena-
quld, a few leagues east of Kennebec.
The advancing prosperity of the colony, and the enterprising
spirit of the people, were -witnessed, as by many other improve
ments, particularly by the introduction of iron works, which
were established at Lynn and Braintree ; and by ship-building,
which had much increased. A ship of four hundred tons was
bulk in Boston, in 1645. There were, at this time, twenty-six
mihtary companies, making three large reghnents.
A period of tranquillity for several years, as to foreign nations

52 HISTORY or MASSACHUSETTS.
and Indian tribes, now succeeded. Meanwhile difficulties arose
within the colony, which required the exercise of wisdom and
prudence In the rulers. Some new laws were enacted, which
the situation of the colony was believed to demand ; ecclesias
tical affairs received the attention of the civil authority, as well
as of the clergy ; the govlrnment of the church was regulated ;
the magistrates claimed the right to be consulted in the settle
ment of ministers, and in cases of controversies in churches, and
in some cases to decide as to the correctness of theological
opinions; supposed heresy was condemned; and the Baptists
and Quakers were mulct by heavy fines, and banished from
the jurisdiction. It appears that great stress was laid on what
was unimportant, both as to religious tenets and forms; but the
manners of the people were generally sober and correct. And
while much concern was manifested about speculative senti
ments, and the external forms of religion, which, in the opinion
of enlightened men, are of little moment, a wise care was also
displayed, by providing for the education of children of all
classes in the colony. Intemperance was punished, and all
excess and extravagance were discountenanced. Those In
power were religious characters, and generally were examples
to the common people, by their virtuous and sober conduct.
Efforts were also made, at this period, to Instruct the Indians
in the knowledge of the gospel, at Newton, Stoughton, and
afterwards, at Natlck, by Mr. Elliot, of Roxbury; while May-
hew was- already laboring at the Vineyard, in the same benev
olent work.
During the political disputes in England at this period, which
so much excited the feelings of the people in that country, the
colony of Massachusetts carefully avoided all interference ; and,
with great prudence, warned the inhabitants from engaging
either against the king or the pariiament. No doubt they really
wished success to the cause of liberty, but they did not feel
obliged publicly to declare themselves against either party.
In 1646, a synod was held at Cambridge, by recommenda
tion of the civil authority. This was the second in the
colony ; the first was in 1637, and was called to consider the
alarming prevalence of antlnomlanism and fanaticism. The
synod in 1646, was for the purpose of setthng some form of
church government and discipline, and to prepare a confession
of faith for all the churches in the country. There were
various supposed heresies then beginning to prevail, which
it was thought should be suppressed ; and some attempts were
made to have a presbyterian form of church government.
The result, as to church government, was favorable lo the

HISTORY OF MASSACHUSETTS. 53
congregational form, as already maintained In Massachusetts
and Plymouth ; and the doctrines professed were such as the
puritans had then long received. Objections were made to
the manner of calling the synod, which was by order of the
General Court. The court explained, " that they meant
only to recommend or advise ;" and this explanation was
satisfactory to those who were jealous of the interference of
the civil power in ecclesiastical affairs. The synod did not
finish its labors, and report, till 1648.
The laws enacted, and in force in the colony, after having
been carefully collated, and revised by committees of the
General Court and several clergymen, were this year printed
at Cambridge, for circulation among the people. An abstract
of the fundamental laws of Massachusetts, prepared or collected
by Rev. Mr. Cotton, and Governor Vane, In 1636, was pub
lished in England in 1641 ; but it does not appear that they
were printed by order of the colonial government.*
The first instance of pretended witchcraft in the colony,
which arrested the notice of the civil authority, was in 1648 ;
when a Mrs. Jones was condemned and executed on a charge
of that diabolical act. It is, truly, a subject of astonishment,
that the belief of the black art should have prevailed with the
learned men of that time; and that such frivolous stories and
circumstances should have been received as evidence.
By the death of Governor Winthrop, in 1649, Massachusetts
sustained a severe loss. He had been the principal character
in the colony, from its first settlement in 1630. Ahke firm
and mild in his disposition, he was qualified to govern with
decision and clemency. His was the popularity, which arises
from the approbation of the intelligent and virtuous in the
community ; but he never sought for popular applause by flat
tering a party, or forbearing to do what the public good required.
Dudley succeeded him ; and he had the public confidence for
his integrity and disinterestedness ; but he was less tolerant
than Winthrop, and wanted somewhat of the prudence and
discretion of that truly eminent man ; and Endicot, Belling
ham, and Bradstreet, still remained to assist in directing the
public affairs of the colony.
The colony of Plymouth, during several years, had slowly
* There is some ¦ difficulty in deciding when the laws of Massachusetts
were first printed, as tlie early writers give different diites on the subject.
It appears, that there were several orders for collecting them for publication ;
but that they were not printed till 1648, according to Johnson and Hutchin
son. Hubbard says in 1654 ; and Minot, in 1658. Perhaps there were
separate editions at these periods. Johnson gives the reason, " that they
might be seen by all men."

54

HISTORY OF MASSACHUSETTS.

advanced in population and wealth. They built some vessels
in this time, and had trading houses on the Kennebec and on
Connecticut. For many years, both the executive and legis
lative authority were in the hands of the governor and assist^
ants. But now (1646,) a house of representatives was added
to the legislative body, consisting of two from each town.
This continued till the usurparion of Andros, in 1686. They
were almost invariably on terms of amity and friendship with
Massachusetts, of which they became a part in 1692. They
were always ready to afford aid to each other; and friendly
intercourse was dictated alike, by public Interest, and sympa
thy In religious views.
In the time of the commonwealth of England, Massachusetts
had little concern, as to complaints for its exercise of political
power to any extent; and the maintenance of order and peace
in, the colony made it necessary for them to assume all the
authority of a sovereign state. Ihey had always made war
and peace with the Indian tribes, without asking the sanction
of England ; they had denied the right of appeal to that gov
ernment, and had enacted laws, which, if not directly repug
nant to those of the parent state, were of a very different
character, and were obnoxious to those in power in the king
dom. They now coined money, for circulation, which had
been considered an exclusive prerogative of sovereignty ; and
which mdicated no other authority over that of Massachusetts.
The coin was Issued for several years, but all bore the date of
1652. But after the restoration of Charies II. this measure was
enumerated in the catalogue of complaints against the colony.
A misunderstanding arose between Massachusetts and Con
necticut, a few years after the confederation, in which the
conduct of the former was generally censured. Connecticut
had required a small duty or custom on goods carried out of
the river, for the support of the fort at Its mouth. Massachu
setts complained of this, particularly as It was a tax on their
trade from Springfield. In revenge for this measure, Massa
chusetts demanded a duty of the vessels belonging to all the
colonies trading with Boston. Plymouth and New Haven
complained of this act, as oppressive and unjust ; and in 1650, the
order of Massachusetts was rescinded. At this period, Massa
chusetts was far the most able colony ; more powerful than all
the others united. And in all associations .of men, the strong
est has dictated, more or less, to the weaker. Ihe propor
tions of the sum of £1043, levied on the four colonies, for
the benefit of all, were as follows, viz : Massachusetts, £670 •
Plymouth, £128; Connecticut, £140; and New Haven!
£104.

HISTORY OF MASSACHUSETTS. 55
The subject of a treaty between Massachusetts and the
French governor of Canada, was in agitation, in 1658. A
proposition was made to the government of Canada two years
before, for maintaining a mutual trade. The French were
so much pleased with the proposal, that they now expressed a
desire to establish a treaty, not only to regulate trade between
them, but for the purpose of an alliance with Massachusetts
and Plymouth. The subject, affecting all New England,
was referred by Massachusetts to the commissioners of the
united colonies. The French were desirous of the aid of the
English against the Mohawks, and the six other Indian tribes
in their vicinity. And unless a treaty of alliance should be
formed, they declined making any agreement respecting com
merce. The commissioners, though ready to enter into a
friendly Intercourse, as to trade, were not willing to agree, at
that time, to the proposed alliance.
The political disputes, and the Internal Vi^ars of England,
which were followed by the death of Charles I., who was
beheaded in 1649, directed the attention of that government
from the proceedings in the colonies, and prevented the plans
which had been proposed for ruling them in an arbitrary man
ner without regard to the powers and rights secured to them
by their charters. This state of the parent kingdom permit
ted them, for several years, to exercise all the powers which
had been granted them ; and. In some respects, those powers
were exceeded, and the authority of the king and parliament
almost entirely disregarded. Still, they were in fear of the
exertion of pohtical power from the parent government; and
claims were often set up, though not put in force, inconsistent
with the rights they contended for, and had assumed.
Massachusetts was subject to alarm from the government of
England, in the days of the commonwealth, as well as in the
reign of Charles I. The parliament meditated a new charter
for the colonies, and authorized the council of state to appoint
governors over them. It was proposed, that warrants should
be issued, and the courts held in the name of the parliament
of England (or of a council by them appointed.) This vvas
considered as prostrating the authority which the colony had a
right to exercise ; and which It had exercised even in the life
of Charles I. Massachusetts remonstrated against these pro
jected measures, through their agent, Mr. Winslow, of Ply
mouth, then in England, and pleaded the royal charter, which
permitted them to have a governor and magistrates of their
own choice, and laws of their own making. If not repugnant
to those of England ; and that they had emigrated, settled, and

56 HISTORY OF MASSACHUSETTS.
maintained the colony, without cost to the parent state. They
said " they were able enough to have lived in England, and
had removed to a wlldernfss, to escape ecclesiastical persecu
tion ; and, if their hopes were now blasted, they should have
cause to say, they had fallen on hard times, and must sit down
and sigh out too late repentance for coming hither.'' The
pariiament did not then proceed any further in the meditated
plan. In conformity with these views of a qualified indepen
dence, when there was war between England and Holland, In
1G52, they informed Cromwell, that they considered it their
duty to' remain at peace with the Dutch in America. Massa
chusetts chose. Indeed, to call it an offensive war on the part
of England ; and though the commissioners of the other colo
nies declared the causes for war sufficient, they Insisted, that
they were not bound, in such case, to observe their directions.
In truth, this colony did not consider Itself in danger from the
Dutch, at that tirne. But the year following, when it was
recommended by Cromwell, whose favor they wished to
retain, to engage with the other colonies In the war on the
Dutch, they made preparations for that purpose ; but peace
soon took place between the two nations. The general court
were careful to assert their rights, even in the order to author
ize the raising of troops at this time. They said, " that they
desired to keep in grateful remembrance the Protector's favor
able regard to the colony, and should be always ready to
attend to his Highness' pleasure, wherein they might, with
safety to the liberty of their consciences, and ihe public peace
and welfare."
The chief reason, with the colonies of New England, for
war against the Dutch near Hudson river, was their alleged
instigation of the Indians against the English. The Dutch
had great influence with the Narragansett and Niantick tribes,
and with the Indians on Long Island; and these were often
committing petty hostilities on the English settlements. Their
depredations were such, that the commissioners of the four
colonies concluded to send a military force to quell them.
Major Willard was appointed to command. But his conduct
was not marked by the energy or success expected, and he
received the censure of the commissioners for his inefficiency.
These two tribes were not sufficiently powerful, however, to
put the colonies in great danger. Had the Dutch, as It was
alleged they attempted, excited all the Indians in New Eng
land, and adjoining territories, to unite against the English,
they might have entirely broken up the settlements.
Another execution for witchcraft took place in 1655, to the

HISTORY OF MASSACHUSETTS. 57
great reproach of the judges and others of that period, and a
lamentable instance of human weakness and credulity. Mrs.
Hlbbins, the widow of a very respectable character, who had
been assistant, an agent for the colony to England, and an emi
nent merchant, was tried on the charge of being a witch ; was
declared guilty and executed. Mr. Hibblns lost his estate,
and left his wife poor. She did not bear this reverse of con
dition with due christian resignation, but became very queru
lous ; and her frequent complaints and repining habits rendered
her an annoyance to her neighbors. It is strange, that even an
excess of this unhappy temper, should have subjected her to
the charge of witchcraft. But there was, in fact, no greater
proof against her, unless conjectures and prejudices were allow
ed to be proofs. Her conviction led one lo say, " that the
charge was made because she had more wit and shrewdness
than her neighbors."
When the religious character and views of the early inhabit
ants of New England are duly considered, it will not be a mat
ter of surprise, that they discouraged luxury and extravagance
publicly in every form. Governor Winthrop and others, his
associates, set examples of sobriety and economy, which were
long followed ; and all superfluity in dress was expressly dis
countenanced. In 1651, the general court passed sumptuary
laws, and while they admitted the difficulty of legislating on the
subject, they said they considered it their duty to recommend
a sober and temperate use of riches. A law was also passed,
in 1655, to encourage "the useful occupation of spinning."
Several towns and settlements in Maine, and within the terri
tory claimed by Sir S. Gorges, were Induced to put themselves
under the jurisdiction of Massachusetts. Gorges and his friends
complained that improper measures were adopted, by the
rulers in that colony, to bring about this union. A portion
of the people in Maine were willing to become united to
the government of Massachusetts; but its proceedings. In this
case, as in some others, did not escape the charge of being
arbitrary and unjust. Afterwards, the commissioners of Charles
II., in 1664-5, on complaint of Gorges' heirs, ordered Massa
chusetts to rehnqulsh its claims ; but It continued its pretensions
tin 1691, when Maine was included in the new charter for the
province. At this period, (1654-5) the navigation and trade of Massa
chusetts were in a prosperous condition. With all the diffi
culties the people had encountered, such were their enterprise
and industry, they had extended their commerce ; and their
exports were so great that they could purchase, with the pro-

58 HISTORY OF MASSACHUSETTS.
ceeds, all that was necessary to their comfortable subsistence,
and promotive of a gradual improvement. In the time of the
commonwealth, and of Cromwell, acts of pariiament were
passed, regulating trade with and in the colonies. During the
reign of Charies I., restrictions were Imposed on the_ colonial
trade, for the purposes of a revenue for England, which were
oppressive, and justly considered a monopoly. In many
respects, these regulations were rendered less oppressive, and
some dispensations were granted for the relief of the colonies.
Free trade was in a great measure allowed. The vessels of
Massachusetts traded to Dutch, Spanish, and French ports.
Its commerce was then the chief source of wealth.
In 1656, the lord protector meditated the wild plan of re
moving the inhabitants of New England to_ Ireland, or to
Jamaica. This was as unaccountable a project, as any one
planned by those who have suddenly risen to power in modern
times. Perhaps the possession of great authority, unexpectedly
obtained, intoxicates the mind, and' naturally leads to impracti
cable and extravagant projects. But the people were too wise to
listen to the proposal. They had becoiTie attached to the soil
and climate, by a residence of twenty-six years; and some
were ready to suppose, that they would, in no other place, so
fully enjoy their religious rights and principles. Mr. Leverett,
then agent for the colony in England, and afterwards governor,
satisfied the protector that such a project would not be favora
bly received ; and Cromwell forbore to urge it. Leverett was
highly useful to the colony, at this period, in vindicating the
character and conduct of its rulers, as to varioiTs complaints pre
ferred against them by their political enemies. Leverett be
lieved he had great Influence with Cromwell ; others, of differ
ent views, boasted also of his favor towards them. If not a
hypocrite, the protector could, certainly, flatter and dissemble.
It is evident, however, that, for some reasons, whether it were
esteem for Leverett, or real regard for the rulers of Massachu
setts, he was particularly favorable. In many instances, towards
the colony.
The conduct of the government of Massachusetts, in 1656,
is, justly liable to censute, for the severe treatment of the
Cpiakers, who had then recently come Into the jurisdiction.
They were undoubtedly reprehensible, for their intrusion into
the colony, without permission ; for their turbulent conduct to
the governor and magistrates ; and for their profanation of the
Lord's day and worship. It is to be remembered, also, that
they were ordered to depart the jurisdiction, and not to visit it
again. But after a legal banishment, and warning of the fate

HISTORY OF MASSACHUSETTS. 59
which awaited them, if they returned, they came again into the
colony, and were highly disorderly, in opposing the authority of
the rulers, and in disturbing and ridiculing the mode of worship
observed by all the churches. Before their return, a severe
law had been made against them. And when they again came
and remained in the colony, and persevered in their dlsorderiy
behavior and gross heresy, as It was called, several of them
were imprisoned, and two suffered death. No one wlU doubt
that their conduct was highly reprehensible and Imprudent ; and
perhaps not the legal right of the government to banish them
from their territory, purchased, defended, and maintained
chiefly for the enjoyment of their own mode of worship ; but
no justification can be found for the punishment of death, or of
imprisonment. The Baptists were treated with almost equal
severity ; and laws were enacted to banish or suppress them.
A few years after, directions were given by the parent govern
ment, to forbear persecutions against the Quakers, and other
sects, which had been so unjustly and cruelly treated ; and from
regard to these instructions, as well as from their own maturer
reflections, they refrained from such acts of severity. The
Quakers and Baptists, being free from persecution, became
more regular and correct in their deportment ; and were justly
regarded with far more favorable sentiments by the rulers and.
the people.
Though such conduct is not singular In the history of man,
even among pious professors, ^t deserves severe rebuke ; as it
is alike inconsistent with the spirit of the gospel and a wise
policy in civil governments. And it is matter of surprise with
enlightened men, that christians should ever so much mistake
the genius of their religion. The charter declared, that there
should always be liberty of conscience, in matters of religion.
There was also an early ordinance of the assembly of Massa
chusetts, that all strangers, professing the christian religion,
who should flee to the colony ft-om the tyranny of their oppres
sors, should be succored at the public charge. But this seems
to have been applied only to those of the same religion, faith,
and modes of worship. Another order of a similar character
was adopted in 1641, " that no injunction should be put on
the churches, or members thereof, as to doctrine, worship, or
discipline, besides the institution of the Lord." But this
liberal decree was sadly disregarded, or misapplied.
The efforts, which were made In 1646, to disseminate the
knowledge of the gospel among the Indian tribes, were con
tinued, with great zeal. In various parts of the colony. _ Several
clergymen devoted much time to this benevolent object ; and

60 HISTORY OF MASSACHUSETTS.
eminent laymen gave their assistance to promote the design.
By the Influence of Governor Winslow, of Plymouth colony,
a society was formed in England, to further this good work.
Rev. Mr. Eliot,' of Roxbury, labored more abundantly than
any other, except Mayhew, of the Vineyard. The result of
their eariy labors gave promise of great success, which wras
never fully realized. There were, indeed, many cases of faith
and conformity to the gospel ; but after nearly thirty years of
missionary service among them, Eliot lamented, "that it was
a day of small things with them." It is difficult to pronounce
whether this want of success were owing to the obstinate habits
of the Indians, and their aversion to the manners of civilized
society, or to the disputes among the professed disciples of
Christ, and the Immoral conduct of many who assurned the
name, without the spirit of Christianity. Exertions have been
also made in later times ; but with no greater success. The
Indians of North America are more ready to imitate the vices
than the virtues of those who call themselves christians.
If the clergy, sometimes, gave their opinion and advice on
political subjects, the magistrates and laymen considered it
their duty to regulate, in some measure, ecclesiastical proceed
ings, and to provide for the order and peace of the churches.
This will not create much surprise, when it Is recohected, that
they were all religious characters, and that one great object of
the settlement was to enjoy the worship and ordinances pre
scribed in the gospel, as they interpreted it. And yet they
constantly disclaimed such a close connexion between the
church and state, as existed in England. It is not to be
denied, however, that in many instances, their practice was
not strictly conformable to their theory. An order of the
general assembly provided, that in calling and settling a minis
ter, the_ approbation of some magistrate in the vicinity should
be obtained, as well as that of the neighboring clergyman.
And some, cases occurred of the interference of the civil author
ity in the ordination and continuance of ministers, till satisfaction
was given oHhe regular proceedings of the church and of the
sound doctrines of the preacher. But it was soon found to be
in vain, and worse than vain, to produce entire uniformity, as
to articles of faith, or as to church government, and modes and
forms of outward worship. Wherever there is freedom of
inquiry on theological subjects, or as to the rites and forms of
religion, there will be some differences of opinion. But as this
diversity of sentiment is not really unfavorable to the peace of
society, nor to christian piety, persecution must be condemned,
and an attempt to have perfect agreement of opinion hopeless.

HISTORY OF MASSACHUSETTS. 61
Not only were different sects persecuted in Massachusetts,
at this period, but individuals of the congregational churches
were also censured for the expression of opinions at variance
with the commonly received articles of faith. A member of a
church was censured for his opinion, that the church of Rome
was really a christian church. Mr. Pynchon, one of the first
settlers of the colony, long an assistant, and the founder of
Springfield, was severely rebuked for publishing a tract, in
which he contended, that the sufferings of our Lord were
trials of his virtue and obedience, rather than a vicarious sacri
fice, according to the prevailing faith. He made a partial
recantation of his error ; and his treatise was ordered to be
burnt. Afterwards, however, he explained his recantation :
which showed that his sentiments were not materially changed.
Mr. Pynchon was among the eminent men who contributed to
the establishment of the colony. But whatever was supposed
to be error or heresy, was sure to be visited with severe repri
mand, however distinguished the individual who broached it.
The principle was truly republican, but the application, in
cases of speculative opinions, was alike unchristian, and unrea
sonable.* The growth and condition of the colony, in 1655, about
twenty-five years from the arrival of the large company with
Winthrop, in 1630, may be in some good measure estimated,
by a reference to the records and publications of that period.
The number of incorporated towns were then forty-four or
forty-five,f and of churches, forty-six, within the jurisdiction of
Massachusetts, including, probably, a few in the territory, after
wards a part of New Hampshire. And in Plymouth colony,
there were ten or eleven towns, and as many churches. The
college at Cambridge was fostered by the government ; and at
this period, in addition to former grants, two thousand acres of
land were given to that seminary. Public schools, for the
* It was observed by the celebrated Dr. Owen, about this period, " that he
would not be a rival to the theologian, who could boast, that in fourteen
years, he bad not altered or improved bis conceptions, touching some things
in religion." This was said to one who was very positive and dogmatical,
and who censured all further inquiry, or cnange of opinion after such exam
ination. *
The following declaration of an early and eminent settler in Massachusetts ,
will show the views entertained as to liberty of conscience. " Above all
things, God has blest us, in giving us his own ordinances ; and our endeavor
is to have his own institutions, and none others ; and these in their native
simplicity, without any human dressings ; having liberty to enjoy all God's
commands, and yet urged to nothing more than he commands."
t Northampton and Hadley were settled in 1656, in consequence of some
religious contentions in the churches at Hartford, and Windsor, in the
jurisdiction of Connecticut. 7

62 HISTORY OF MASSACHUSETTS.
education of youth of afl classes, were also required by law ;
and generally, the order was faithfully observed. A large
majority of the inhabitants, as well as of the rulers and minis
ters, were fully convinced of the necessity of learning, to fat
men to advocate the cause of rehglon, and to be useful and
estimable citizens. , ,
After 1642, when a large number came from England, and
settled in Massachusetts, the emigrations from the patent
country were far less thah in former years; and many left the
colony to reside in their native country. A great portion of
those educated at the college in Cambridge, during the period
of 1642 and 1658, visited England, and there took up their
residence. Several of these were eminent In that coun
try, as preachers of the gospel; and most of them were perse
cuted and ejected from their churches under Charies 11., in
1662, and subsequently.
The population of the colony could not have been less, at
this period, than forty thousand. In 1641, it was estimated
at twenty thousand and upwards. The natural increase, with
the emigrations, though these were not so great as at a former
period, would probably make the numbers double in fifteen
years. The greater portion of the Inhabitants were farmers.
Fifteen thousand acres were then under cultivation, in the
colony, for tillage and pasturage, and one thousand acres appro
priated to orchards. Grain was now exported, as well as lum
ber, spars, and fish. Hence a profitable trade was supported to
foreign ports ; and the merchants became very opulent.
And their enterprise and success could not fall to give employ
ment to various mechanics and artisans, whose individual and
unhed labors served to increase the general prosperity.

CHAPTER IV

Dudley Governor— His Death — Endicot, and Bellingham — Liberty in the
Colony in danger, on the restoration of Charles II. — Policy of Massachu
setts — The Regicides — Charges against the Colony — Agents sent to
England — King's Letter and Requirements — Ecclesiastical Affairs —
Baptism, Independence of Churches — Baptists oppressed — Chauncy Presi
dent of College — His Opinion on Baptism — Schools in Plymouth — Com
missioners from England, with great powers — Their Reception in Massa
chusetts — Letter to the King, and contend for Charter Bights — Dispute
with Commissioners — Treatment of Commissioners in Plymouth — Re
ligious Liberties — Commissioners in Maine — King dissatisfied, and
orders Agents to appear before bim — Bellingham, and Willoughby —
•rroubles in England — Trade and Navigation — Disputes in the Churches
in Boston.
After the decease of the very worthy and honorable Gov
ernor Winthrop, in 1649, Mr. Dudley, and Mr. Endicot, were,
alternately, the first and second magistrates for some years ; but
in 1653, Governor Dudley died, at an advanced age ; and Mr.
Bellingham, and Mr. Endicot, filled these high offices, for
nearly twenty years ; Endicot, the greater number of years,
during the first part of that period; but, on his death, Belling
ham was governor for eight successive years, till Mr. Leverett
was elected, in 1673. The education of Bellingham was supe
rior to that of Endicot ; but the latter was equally the favorite
of the people, though very rigid in his religious views. He
was well fitted for bold enterprise, and was, probably, more of
apractical man than Bellingham. The character of the latter
for stern integrity was his highest praise.
On the restoration of Charles II. to the throne of his
fathers in 1660, the colonies of New England were exposed
to new dangers. They had reason to apprehend, from his
political advisers, the exercise of arbitrary power, which would
interfere with the rights secured to them by their charter,
as they construed it, and with that 3egree of self government,
which they had hitherto, generally, enjoyed. Attempts had
been often made, indeed, before that period, to deprive them
of the political power derived from that instrument. But,
from various causes, these designs had proved, in a great
measure, ineffectual. They had been exposed to the In
trigues of personal and political enemies ; but by the vigilance
of the government and the ability and fidelity of their agents
in England, aided by some able friends in that country, they

64 HISTORY OF MASSACHUSETTS.
had maintained, with some occasional interruptions, their civu
and religious rights, to the fullest extent. They had even
exercised a higher political authority, on some occasions,
than the royal charter Intended, or cleariy granted : and yet
they always referred to this instrument, in connexion with
their rights as British subjects, in justification of their proceed
ings. Thus there was almost a constant effort, by the parent
government, to keep the colony of Massachusetts in due sub
jection ; and by the rulers of the colony to extend their civil
powers, under the sanction of the royal charter.
The disputes In England, for several years, between pohti
cal parties there, prevented that degree of attention and
legislation over the colonies, which, no doubt, would other
wise have been extended to them. Neither the pohtical
sentiments of the king and his ministers, nor the interested
designs of pariiament, the chief object of which were the
strength and wealth of the whole kingdom, permit the sup
position, that Massachusetts and the other colonies In New
England would have been allowed the exercise of the powers
they claimed and assumed, but that affairs of state in England
demanded constant attention. For the latter part of the
reign of Charles I. from 1645 to 1650, the parent govern
ment was engaged in maintaining its own immediate powers,
against the efforts of those who would limit and restrain them.
The protector possessed great energy of character ; and it was
his object to raise both the glory and the terror of the com
monwealth. For this purpose, he was disposed to keep the
colonies in due subjection, and to preserve the unity and
strength of the whole nation. On some occasions, he mani
fested a disposition to legislate for the colonies, as much as
Charles had done. But from motives of policy and reasons
of state, he did not proceed to recall their charters, or to limit
their former powers. When the government reverted to the
Stuart dynasty, the people of Massachusetts, and of the
neighboring colonies who had similar views of their charter
rights, had too much discernment not to fear the exercise
of power in the government of England over them, which
might be highly Injurious to their liberties. They understood
the doctrines of legitimacy and the claims of unlimited power
by the friends of the Stuart family too well, to expect the
continuance of their charter rights and privileges, to their full
extent, without a struggle. In this critical situation, they took
counsel of prudence and of their better judgment ; resolving,
however, if possible, to maintain their freedom to the last.
Whatever were their private wishes and feelings, they had

HISTORY OF MASSACHUSETTS. 65
forborne to exult publicly, at the defeat of the king, or the
elevation of Cromwell. They manifested towards the pro
tector none other than proper respect for the chief ruler of
the nation ; and when his son came into power, they declined
or omitted to recognise him by any formal act. But as soon
as it was known that Charles 11. was restored to the throne,
they proclaimed him as their rightful sovereign. This, how
ever, was done with apparent caution, and not until they had
official notice of the fact ; for, as before stated, they had just
cause, from the conduct of his father, to anticipate the heavy
hand of arbitrary power.
After Charles II. was quietly seated on the throne, by
advice of their able and prudent agent, Mr. Leverett, then in
England, the General Court forwarded a respectful address to
the king and parhament. It was towards the close of 1660,
that the measure was adopted. At a meeting in June, when
it was proposed, on the first report of his restoration to the
crown, the motion did not prevail; a proof, either of reluc
tance in acknowledging him, or of doubt as to the continuance
of his royal power.
The views of the leading characters in Massachusetts, as to
their civil and political powers, not only at that particular
juncture, but for a long period both before and after that
event, will fully appear, by referring to a declaration of the
general assembly, solemnly made and published in June
1661; being the report of a large committee of that body,
appointed ' to consider matters of public concernment, as to
our patent, laws and privileges, as well as our duties to the king.'
The report stated, that they considered the patent, under God,
as the foundation of their civil pohty here, by a governor,
assistants and their representatives ; and that the government,
so organized, should appoint civil and judicial officers, and define
their powers and duties; that it had just authority to make
laws for the direction and control of the people, both in
civil and ecclesiastical affairs, without appeals to England,
except as to such as should be afleged to be repugnant to the
laws of parliament ; that it had a right and was bound to
provide for the defence and welfare of the colony, and the
due execution of the laws ; and that all impositions pre
judicial to the colony and contravening just laws here made,
were an infringement of their rights. At the same time,
they acknowledged it to be their duty and their purpose to
uphold the royal authority, and to seek the prosperity of the
whole kingdom ; to refuse aid and protection to the enemies
of the crown, and to spread the knowledge of the gospel
among the heathens, according to the doctrines of Jesus Christ.

66 HISTORY OF MASSACHUSETTS.
Soon after this address and declaration, two persons
who composed the tribunal by which Charles I. was con
demned, came into Massachusetts ; and at first were treated
with attention and respect by Governor Endicot ; but when
the proclamation of the king, for their arrest, was received,
it was soon published in the colony, and attempts were made
to apprehend thein. They fled, or were secreted ; and
afterwards were kept In private places by their friends, both
in Massachusetts and Connecticut ; and thus escaped public
execution, as murderers of their king.
Endicot and Bellingham were in office, at the time ; and
neither, probably, made greater efforts to apprehend the
regicides than their stations as magistrates required of them.
Both these characters were obnoxious to the king and his
ministers, for their republican principles ; and it was even
intimated, by some of the king's council, that it would be
agreeable to his majesty, if Endicot were left out of the high
place in the government, which he then held.
Soon after, orders were received fromthe king, for the colony
to answer to complaints which were made against its proceed
ings during several years then passed. Among these were
charges of intolerance towards the episcopalians in the colony,
and of severe persecutions against the sect of Quakers. A
general charge was also preferred, of exercising powers of gov
ernment not warranted by the charter, and of unjust interfer
ence with the people settled on lands claimed by Mason and
Gorges, in New Hampshire and Maine. Two agents were
appointed by the general court, for the purpose of defending
the colony from these weighty accusations. These were Hon.
Simon Bradstreet, and Rev. John Norton, who were instruct
ed to assure the king of the loyalty, both of the people and
the magistrates; to plead for the continuance of their civil
rights ; to answer complaints which might be made against
the late proceedings in the colony ; but to do or consent to
nothing prejudicial to their charter privileges.
The agents met with a more favorable and gracious recep
tion in England than had been feared ; and on their return,
were bearers of a letter from the king, which, in some points,
was satisfactory to the people ; but, on others, was not of a
character to allay their apprehensions as to the future. In
this letter, the king promised to confirm their charter, and to
continue to them the rights and privileges which it granted ;
but he also declared his expectation and desire, that the epis
copalians in the colony should enjoy perfect toleration in their
mode of worship, and that they would refrain from all mea-

HISTORY OF MASSACHUSETTS. 67
sures of severity against the Quakers. He condemned their
conduct, as it was represented to him, but disapproved of the
cruel persecutions which had been exercised upon them. It
was further signified to be his royal pleasure, that the laws of
the colony should be revised, and that such as were derogatory
to his authority should be repealed; that an oath of allegiance
to him should be taken ; that justice should be administered
in his name; and all men of honest and moral deportment
should have the privilege of the ordinances of the gospel.
To most of these directions, the general court voted to submit,
probably, with some misgivings ; but they expressly claimed
the right to regulate all ecclesiastical affairs, and to decide as
to the worship and discipline of the churches. For the mainte
nance of the faith and worship, and the church government,
which they had done and suffered so much to enjoy, they
boldly contended ; it was a peculiar privilege, which they re
solved never to forego or rehnqulsh.
Under all the political contests of the colony with the parent
government, which occupied the attention of the people, the
concerns of the church were not disregarded. And it was to
be expected that peculiar care would be bestowed in regulating
religious worship and ordinances, by men whose chief object
was the maintenance of christian faith and rites, as they be
lieved revelation directed. Undoubtedly, they erred in requir
ing every one to conform to their peculiar views, and it may
be matter of surprise, that they should have oppressed those
who dissented from their opinions, as to forms of worship
and speculative tenets ; but as their principal purpose was to
make the gospel their rule of life, and to build up a society of
christians, it was in character for them to be careful in pre
venting the introduction of supposed errors, and in providing
for the purity of the church.
In 1662 a synod was convened at Boston, to decide who
were proper subjects of christian baptism; and whether any
children, except those whose parents were members of the
church, were entitled to receive that ordinance; and also to
determine on the propriety or expediency of a consociation of
churches. The professed design was to inquire what the New
Testament taught on these subjects. This was the third synod
in Massachusetts ; and it was held in pursuance of a recom
mendation of the general court, to which the result was to be
reported. It was decided, but not without some dissenting
votes, that the children of those who made public profession
of their faith in the gospel, and were pf sober life and conver-

68 HISTORY OP MASSACHUSETTS.
sation, though not members of a church in full communion,
might receive christian baptism. This was a subject of dispute
for several years after; many of the ministers opposed the
innovation, as they called It ; and in some instances it was the
occasion of a division of churches. On the other subject submit
ted, the synod gave the following opinion : "that each and every
church has full power within itself, to administer the ordi
nances, and to regulate its own concerns, and is not necessarily
subject to any other ecclesiastical tribunal ; yet, that occasional
association of neighboring churches, and advice asked and
given, in cases of difficulty, would be proper and useful."
At this period, a church was formed by the Anabaptists ;
but as this movement was in opposition to a law of the colony,
the members were summoned before the magistrates, and for
bidden to proceed in establishing such a church within the
jurisdiction. Persevering in their purpose, some of them were
imprisoned and some banished. But the government of Eng
land soon after requiring a toleration of other sects than the
congregational, the baptists were then permitted to remain,
without direct persecution ; and yet their situation, for many
years after, was little other than that of positive oppression by
the civil authority. This conduct appears the more surprising,
on recollecting that the most eminent clergymen in the colony
had different views on the subject, from the early days of its
settlement. The learned Mr. Chauncey, president of Harvard
College at this period, was of opinion, baptism should be by im
mersion, though he held to the validity of infant baptism ; and
Mr. Dunster, who was at the head of that seminary before Mr.
Chauncey, and equally eminent as a scholar, did not believe
there was any scripture warrant for baptizing infants. His
opinion on this subject operated, indeed, against his popularity
and usefulness, but did not subject him to actual persecution.
More efficient measures were adopted by the colony of Ply
mouth, in 1663, than had been before taken, for the mainten
ance of public schools in all the towns within the jurisdiction.
Governor Prence exerted all his personal and official influence
in favor of this order. His education was not the most liberal;
but he had the merit of acquiring much useful knojvledge, and
he justly appreciated the advantages of schools for all classes of
people. Perhaps he exerted a greater influence in favor of
education, as some fanatical individuals in the colony, at that
period, denied the benefit of all human learning, and substituted
a pretended spiritual hght, as a sufficient and sure guide.
Rev. Mr. Eliot, of Roxbury, the zealous and devoted teacher
of the native Indians, this year, completed his translation of the

HISTORY OF MASSACHUSETTS. 69
Bible into their language ; which was soon after printed and
circulated, at the expense of the society In London, for propa
gating the gospel among the aboriginal tribes in New England.
The colony had alarming proofs of the activity of its enemies,
and of the disposition of the parent state to Interfere with its
concerns. In a degree not compatible with their charter rights,
by the arrival of four commissioners, appointed by the king, in
1664, with a supervising power over the colonial governments.
One professed object. Indeed, was to obtain aid from Massachu
setts to reduce the Dutch, on Hudson River ; but they were
authorized "to hear and determine any and ah complaints,
whether relating to titles and claims for lands, to ecclesiastical
discipline, or to an undue assumption of power in ordinary civil
affairs," which the discontented and factious might prefer ; and
to decide according to their own will and judgment, in op
position to the judicial and legislative authority in the colony.
This was justly considered to be in derogation of the powers of
the government recognised and provided for in the charter,
which the king had, only two years before, declared he would
confirm and continue.
The governor and assistants (or counsellors) held a meeting
immediately, and concluded to call an extra session of the
general court. The men required were raised, to go against
the Dutch ; but not being afterwards called for by the com
missioners, they did not proceed on the proposed expedition.
It was also ordered, in compliance with the royal request, that
other than church members should be admitted freemen
in the colony. As to the other requisitions of the royal com
missioners, especially in submitting themselves to their judg
ment and sentence, and thus recognising in them a power
superior to the civil authority of the colony, they voted to post
pone a definite answer. They saw the effect of such a recog
nition and submission, dangerous alike to their religious and
civil rights ; and they chose even to risk the displeasure of the
king, whose ultimate authority they did not deny, to an act
which would have entirely committed all their civil rights, as a
government, for the future. It was a bold stand, and many of
the more prudent, or timid, disapproved ofit.
The commissioners, departed for the Dutch settlement on
the Hudson, and did not return to Massachusetts till the next
spring. But in the mean time, the general court forwarded an
address to the king ; in which they referred to their great
sufferings in settling the colony and maintaining It, at their own
costs; to the provisions of their charter, which they feared
would be vlolated-by those appointed to decide on past acts of
8

70 HISTORY or MASSACHUSETTS.
the government, according to their own mere will and pleasure,
one of whom, at least, was an old and avowed enemy of the
colony. They stated the incompatibility of the authority,
claimed by the commissioners, with the powers granted the
Massachusetts company by the royal charter. In the address,
they professed aflegiance to the crown of England, and humbly
cast themselves on the king's grace for a favorable judgment.
On their return to Boston, the commissioners requested that
all the freeholders in the colony should be summoned to
assemble before them, which was declined, though no order
of the general court or of the assistants was issued to forbid it.
An order was then issued by the commissioners themselves,
for the people to assemble, which was generally considered an
arbitrary and impolitic measure. In other respects, some of
the commissioners were rude and haughty in their treatment of
the magistrates.
This commission grew out of numerous complaints against the
colony, some of which probably were just: but the measure
was unfortunate ; and an order for agents from the colony
to answer complaints, before the king and his grand council in
England, would have given less offence, and been more consis
tent with the character of a liberal government. It was an
observation of Lord Beflamont, in 1699, who was some time
governor of Massachusetts and of New York, " that he had
great respect for the king's prerogative, but wished for some
check to the caprice of his agents and officers ; some of whom
were presumptuous in disregarding the laws, and governing in
an arbitrary manner ; being far from the eye of the government
in England, they feel sure of impunity for their oppressions. "
These commissioners, with the exception of Col. Nichols,
manifested such an arbitrary and overbearing spirit, that they
were very odious to the people, who considered them as the
friends of the complainants, and decided enemies to the liberties
they enjoyed under the charter. Had the colony submitted to
the full exercise of powers assumed by the royal agents, the
government would have retained but the shadow of authority,
and it would have been extremely difficult, if not impossible,
at any future period, to have opposed successfully the most
oppressive and arbitrary measures of the British ministry. The
smaller colonies looked to Massachusetts to make a firm stand,
in that day of trial. Still, if in declining to comply with the
requisitions, and to submit to the authority of the royal commis
sioners, they had not been prudent and moderate in their pro
ceedings, and loyal in their addresses to the king, in which
they were undoubtedly sincere, they might have been crushed

HISTORY or MASSACHUSETTS. 71
at once by a superior force, which the royal resentment would
have ordered. In Plymouth colony, the commissioners were
more submissively received, whether they were more concilia
ting in their conduct, or the complaints against that government
had been few, and not of such a serious nature as those made
against Massachusetts, does not appear. Perhaps, both these
causes had an influence ; but Endicot was a very different
character from Prence, at that time governor of Plymouth.
Josiah Winslow, afterwards governor of that colony, was then
one of the chief men, and was remarkably mild and courteous
in his manners.*
From Plymouth, the commissioners proceeded to the Narra
gansett country, to decide on the conflicting claims of individu
als, and of the Indians, to the lands in that place ; and then
again visited Massachusetts, when they declared their purpose
to proceed in the discharge of the duties of their commission in
that colony. They said the king was graciously disposed
towards the colonies, and declared that he had no intention to
abridge the rights and privileges granted by the charter of his
royal father. Their statements, both of the views of the king
and of themselves, as his agents, were plausible, and to some,
satisfactory ; but by a large majority of the people, their demands
were considered incompatible with the exercise of political
* That Plymouth was discriminating and firm on this occasion, will
appear from the reply of the General Assembly of that colony to the requi
sition of the commissioners, " that all persons of competent estate, of ortho
dox opinions, and not scandalous in their life and conversation, be admitted
into the church, and enjoy all the ordinances of the gospel." " We
acknowledge, (they say) that it is a great favor from God and our king, that
we enjoy our consciences as to God's worship, which was the main end of
transplanting ourselves into these remote corners of the earth ; and should
heartily rejoice if our neighbors, qualified as proposed, would join our socie
ties, according to the order of the gospel, for the enjoyment of the ordinances
to themselves and children ; but, if, through diff'erent persuasions in some
things, it cannot be obtained, we would not deny a liberty to any, according
to your proposition, who are truly conscientious, though differing from us,
(especially when his majesty commands it) they maintaining an able
ministry for public worship and teaching, and withdraw not from paying
their due proportion for support of ministers, orderly settled, where they
live, till they have one of their own ; and that in such places as are able to
maintain the worship of God in two congregations : but that, where towns,
owing to their paucity and poverty, are not able to support two, it is not
intended by his majesty, that congregationsalready in being, should be rooted
out, but their liberties preserved ; there being other places to accommodate
men of different persuasions in societies by themselves, which we find
tends most to peace and charity."
These are just and liberal sentiments, which have, in later times, been
more fully admitted ahd observed. Plymouth was never so exclusive and
persecuting as Massachusetts ; but it suffered from fanatical and visionary
men, who created divisions, and denied the importance of human learning
in ,the preachers of the gospel.

72

HISTORY OF MASSACHUSETTS.

power, to the extent hitherto enjoyed, and believed to be
secured by their charter. They treated the governor and
assistants, and the members of the general court, as entirely
subordinate, and amenable to them for their conduct, touching
which any complaints had been made. They ordered a rehear
ing of some cases, before decided in the colony by the proper
tribunals ; and summoned the whole government to appear
before them, and answer on their public measures, alleged to
have been arbitrary and unjust. After consenting to take the
oath of aflegiance to the king, as required, which public char
acters did, with a reservation by some, that It was not to Infringe
the liberties of the patent, and professing their readiness to refer
all disputes to the king, as to their assumption of power and
former acts, they declined to appear before the commissioners
when summoned, as parties to a case before them ; they object
ed to all interference with their rehgious institutions ; and insist
ed that their charter justified them in the exercise of the civil
authority, which they had assumed ; and said they would cast
themselves on God, and the royal clemency, for a favorable
result. One of the charges made to the king, in 1661, was, that
they did not allow the Episcopalians to enjoy their peculiar
forms of worship; to which they replied, "we have declared
the main ends of our setthngin a wilderness ; which we should not
have done, if we could have found a warrant in God's word,
for that way of worship; and now to have the same set up here,
will disturb our peace ; we have therefore coinmended to the
ministers and people the word of God for their rule." And
they added, "it is our desire, and has been our endeavor, to
give his majesty all due satisfaction, saving only our duty to
God, and the privileges of our charter, so deariy purchased, so
long enjoyed, and so graciously confirmed by his majesty."
The commissioners, afterwards, visited Piscataqua, and
Maine, where their conduct seemed rather to disturb than to
tranquillize the people ; and though they declared the planta
tions there to be out of the jurisdiction of Massachusetts, the
inhabitants chose to attach themselves again to that colony ;
not, however, without objections from some of them, and the
influence of threats or intrigues from the general court.
On their return to England, the commissioners made report
to the king, of the treatment which they received in Massachu
setts, and took care to observe, that in Plymouth colony they
met a more respectful reception. His majesty was much
displeased that Massachusetts did not fufly submit to the author
ity and requisitions of his agents; and ordered "five able and

HISTORY OF MASSACHUSETTS. 73
meet persons, of whom Governor Bellingham should be one,
(on their allegiance,) to appear before his royal presence, and
make answer for refusing the authority of his commissioners."
This order caused great anxiety, and gave rise to much discus
sion among the public and leading characters in the colony.
Some were disposed to yield entirely, and at once, to the royal
clemency, and pleaded the danger of greater evils if they refused
a prompt compliance. Others Insisted on their charter rights,
at the same time admitting the prerogatives of the crown, but
doubting the policy of appeals either to the parliament, or to
the ministers of the king.
No agents were sent, as the king had signified his pleasure
to be ; but an answer was made to his majesty's letter, in which
they promise to assist, according to their feeble means, both
against the French and the Dutch ; but to march troops to
Nova ^cotla was not practicable ; they give the reasons why
they could not submit to all the orders of the commissioners ;
and say, that no agents they could send, would be able to ex
plain their conduct more fully before his majesty.
It is difficult to decide, whether those who were for
submission, without remonstrance, were too timid, or those
who asserted their civil rights and powers, as declared by the
charter, were too bold and obstinate. It is not unreasonable
to suppose, however, that if the counsels of the timid, or the
more prudent, as they have sometimes been called, had pre
vailed, the manly spirit of freedom, which was subsequently
more fully displayed, would have been smothered, never again
to burst forth in noble acts of patriotism and independence.
The men who took the lead in defence of civil freedom, and
of the rights of human nature, at this period, were not fanatical,
ignorant, or selfish. They did not expect to live in society with
out government ; nor did they aim at political aggrandizement.
They were too well informed to look for order and justice in
the community, without civil authority ; and they were so truly
rehgious, that they would not complain of power in others,
which they would wiflingly exercise themselves. It was, in
deed, the influence of christian principles, and the strict moral
discipline under which they had been educated by pious parents,
which disposed and fitted them to be the able but temperate
advocates of political freedom.
From 1665 to 1670, Mr. Bellingham was elected governor,
and Francis Willoughby lieutenant governor. They were both
men of education and talents; and their public conduct, at
once correct and popular. They were opposed to the English
hierarchy, and firmly attached to the cause and interests of the

74 HISTORY OF MASSACHUSETTS.
puritan dissenters. Bellingham was the most eminent, for his
legal knowledge, as wefl as stern integrity ; but what has been
recorded of Willoughby affords proof, also, of his worth. He
was opposed to the severe treatment oi the Baptists, but was a
rigid puritan. He did not arrive in the colony so early as
Bellingham by several years.
Difficulties had often occurred from claims set up, and the
grants obtained of lands, at Piscataqua River, and further east
ward, in Maine, and from the measures pursued, particularly
by Sir F. Gorges and Mr. Masop, to settle and govern those
parts of the country. Those about Piscataqua, and some set
tlements in Maine, chose, or consented, to be united to the
jurisdiction of Massachusetts. The royal commissioners under
took, in 1665, to separate the settlements in Maine, at the
request of a portion of the inhabitants ; and they withdrew from
their connexion with the colony. Much disorder and trouble
ensued. In 1668, the general court of Massachusetts again
assumed authority over those settlements, being chiefly in what
was called the county of Yorkshire; not, however, without
sending agents to learn the state and disposition of the people
there, nor without previous application from many of the in
habitants of that territory, for such a union.
That the report of the royal commissioners to the king, of
the opposition of Massachusetts to his and their authority, was
not immediately followed by severe measures, on the part of
the parent government, was probably owing to the difficulties
which then existed in England, where political disputes were
maintained between the friends and opponents of arbitrary
power, with almost as much bitterness as in the latter days of
Charles I.
At this period, the colony was in a state of uncommon pros
perity. Its population, navigation, and wealth, had rapidly
increased. The number of mihtia were estimated at 4,500 ;
trade to foreign ports, to the West Indies, to Spain, and Portu
gal, and to the Western Isles, was extended, and gave great
profits to the merchants. There were one hundred and thirty-
two vessels, of various sizes, in the colony. Severe laws had
been enacted, or revived, imposing restrictions on the trade of
the colony, and requiring high duties ; but there was then no
regular officer of the customs, and the laws were generally
evaded. The fisheries and the lumber trade were the most
lucrative. In this state of worldly prosperity, and temporary exemption
from disputes with the parent government, an excitement arose
and agitated the legislature, the clergy, and the people generally.

HISTORY OF MASSACHUSETTS. 75
occasioned by the formation of a new church in Boston. The
settlement of Mr. Davenport, of New Haven, in the first church
in Boston, was, for various reasons, opposed by a very large
minority, who afterwards separated and formed another church.
The chief objections to Mr. Davenport were his leaving his
people at New Haven, without their full consent, and his rigid
notions in refusing baptism to children, except those whose
parents were members of the church. For this opposition to
Mr. Davenport, and for separating from the first church, the
seceders were censored by jniany, and the general court
solemnly condemned them ; while a large number of the clergy
publicly disapproved of the conduct of the first church, and of
Mr. Davenport. The interest taken in the dispute was so
great, that it had an influence on the sobsequent elections of
representatives; and the result was that the majority in the
next assembly was opposed to the vote of censure before passed.
The magistrates and legislators, then, and from the earliest days
of the colony, claimed to have a voice in ecclesiastical affairs ;
and their decisions, perhaps, were sometimes made under the
influence of political and party motives. Such has often been
the conduct of men in power, both in ancient and modern
times.

CHAPTER V.

War with Philip— He meditates the destruction of the English— War de
fensive on part of the English— Plymouth Colony most exposed— United
Colonies raise Troops— Battle at Narragansett— War continued to 1676—
Character of Philip. -Col. Church-Death of PhiUp- Diflaculties with Gov
ernment of England— Claims of Gorges and Mason— Leverett, Bradstreet,
Dudley, and Danforth— Claims of Power— Regulations of Trade— Ran
dolph — Agents to England— Charter vacated, and Dudley appointed Presi
dent — Andros arbitrary and oppressive — His Council — J. Mather Agent
to England — Arrest of Andros and Randolph — Revolution — New Charter
— Sir William Phipps — Expedition to Nova Scotia, and to Quebec —
Failure— Expenses — Paper Money — Difference of New and Old Charters
— Sir William Phipps first Governor— His Character.
In 1675 began the formidable war with Philip, sachem of
the Pokanokett tribe, in the Plymouth patent. Before this
period, even from the expedition against the Pequots, there
had been no hostile attempts by the native Indians, which
excited general or very serious alarm. Massasoit, the father
of Philip, was always friendly to the English, and so was
Chikataubut, of Massachusetts, and his son. The other tribes
were too small to venture any attacks on the English, whatever
might have been their secret wishes. And many of these
were evidently friendly to the colony, through the influence of
Eliot, and other missionaries.
Philip had, indeed, been often found complaining of the
English, before this period ; and was known to have en
deavored to excite the jealousy and hatred of other Indians
against them. He had visited distant tribes for the purpose
of forming a union among them, the whole force of which
should be employed to extirpate the white men, who had
obtruded themselves on the soil. He could complain how
ever of no particular act of injustice or oppression ; for the
lands occupied by the English had been fairly purchased of
the Indian chiefs, or entered upon and possessed, /with their
consent and approbation. - If any had been wronged, on
proof of the injury they always found redress. Individuals,
indeed, made encroachments, on the Indian lands, if encroach
ments they could justly be called, by purchasing for trifling
articles. But this was early forbidden by the government,
and laws were passed for their protection and welfare. Still

HISTORY OF MASSACHUSETTS. 77
Philip chose to consider the English as trespassers ; and he
determined to make one great effort to drive them from the
land, or to destroy them.
The merit of wishing to maintain, or to recover, the power
of his tribe, and of making great efforts for that object, may
be justly awarded to this brave aud inteUigent sachem. But
his merit would have been far greater, bad he been injured,
as he pretended, and had there been any plan of the English
to take from him the territory of his fathers by fraud or
violence. Neither his father, nor the other Indian chiefs in
New England complained of injustice on the part of Mas
sachusetts or Plymouth governments ; and when com
plaints were made against individuals, they were readily re
ceived, and the wrongs fully redressed. When Phihp was
called upon to state the injuries done hira or his tribe, or to
explain his conduct in plotting against the English, and in
attacking individuals, his answers were evasive and his state
ments often false. The English acted on the defensive and
he was the aggressor ; unless it was just in him to destroy
them or drive them by force from the territory, which they
possessed by fair purchase, or the full consent of the natives.
He caused some of the friendly Indians to be put to death,
for giving the English information of his hostile plans and
preparations ; he burnt the houses and destroyed the cattle
of individuals, living at a distance from the older settlements.
And many of the people were murdered by his orders, from a
cruel spirit of vengeance, though under a pretext of former
aggressions. Without measures of defence by the English,
they would have suffered severely by savage ferocity ; and
when they raised troops and proceeded to attack the Indians
in their own territory, it was to protect defenceless individuals
and to save themselves from destruction in their more com
pact settlements. The conspiracy he had attempted and in
some measure effected, was as extensive as New England ;
and included even the eastern tribes and the Mohawks of the
west. He acknowledged he had no just cause for hostilities,
and promised to be friendly ; but he continued secretly to
prepare a powerful force to execute his plans of destruction.
And it was not tiU they had full proof of his inveterate hostility
and his disregard of promises often made, that the English
concluded to raise troops to act against this insidious sachem.
The colony of Plymouth was most interested in the dis
pute with Philip, and its inhabitants most immediately ex
posed to his attacks. After he had thrown off ah disguise,
and committed many acts of barbarity and cruelty, Plymouth
9

78 HISTORY OF MASSACHUSETTS.
sent some men under Major Cudworth to protect the settlers
on the frontiers of the colony, in Swanzey and vicinity ; but
little more was at that time attempted than for defence, or to
learn the temper and purposes of the sachem. It was not
the object at first to wage an offensive war against the
Indians ; aud the early military movements were made by
Plymouth alone. While Cudworth advanced to Swanzey,
captain Church appeared at Pocasset, (at or near the present
site of Fall River) with a view to prevent a junction of the
Indian tribes, which was intended by Philip.
In the mean time, it was known that the conspiracy of the
Indian tribes, through the persuasions of the Pocanoket
chief, was so extensive, and so matured as to endanger
the safety of all New England, unless prompt and decisive
measures were adopted to prevent their united action. Not
only Massachusetts but the united colonies resolved to
assist, and to consider the hostile attitude of the Indians a
common concern. It was agreed to raise 1000 men, for the
occasion; Massachusetts to furnish 527, Plymouth, 158,
and Connecticut, including New Haven, 315. This was in
September, 1675. At a little later period, there was an order
to enlist 1 000 In addition to the former detachment ; thus
making 2000 in all. This was done, on learning that the
formidable tribe ofthe Narragansetts, which had hitherto pro
fessed friendship for the English, was engaged in the hostile
combination formed by Philip.
Governor Josiah Winslow, of Plymouth colony, was ap
pointed commander in chief of the troops thus ordered to be
raised. Major Appleton commanded the Massachusetts men ;
Major Bradford, those of Plymouth, and Major Treat those
from Connecticut. The character of the Governor was dis
tinguished for mildness and lenity, as well as bravery ; and
he had always been considered by the Indian chiefs who knew
him, as their protector and friend. The characters of all
who took an active part in the expedition and of those who
advised to it, were too well established both for humanity
and piety, to warrant a belief, that any motives of mere
revenge, or covetousness, or of military glory could have in
fluenced them.
These troops marched into the Narragansett country in
December, 1675 ; and attacked the Indians in a large swamp,
who were there collected in hostile array ; and after a desper
ate assault, vanquished and routed them. But in making the
assault, the English troops suffered very severely. They
advanced upon the enemy by a narrow path, which exposed
them to the fire and the arrows of the Indians in ambuscade.

HISTORY OF MASSACHUSETTS. 79
and 240 of the English were killed and wounded, six cap
tains being among the slain. The number of Indians slain,
on this occasion, was computed at nearly 1000. And many
who survived retired into the interior and distant parts of the
country. It does not appear that Philip was then with the Narra
gansett tribe. When Cudworth and Church marched to his
neighborhood with the Plymouth troops, he made little effort
to withstand them ; and fled, or rather retired into the in
terior, to excite the various tribes, scattered through the
country, to prepare for a vigorous and united attack on the
Engfish settlements. His plans, indeed, were not fully
matured, when hostilities began in June 1675 ; as some of
the chiefs of petty tribes confessed. He found the plan
proposed, of more difficult accomphshment than he had
imagined. The tribes nearest the English settlements and
most acquainted with their conduct, were not easily persuaded
to join in the conspiracy against them. Probably, the efforts
and influence of the missionaries among them had attached
them to the government of Plymouth and Massachusetts.
Philip was an inveterate enemy to these holy men, 'and to the
rehglon which they taught. It was owing to his violent
passions and a thirst for vengeance, that he instigated the
attacks early in 1675, on the defenceless inhabitants, and in
duced the government of Plymouth to send out Cudworth
for their protection, before he was fully prepared to execute
his bloody purpose.
During the following winter and spring, attacks were made
by the Indians, at the instance of Philip and in pursuance of
his great plan, except that the defeat of the Narragan
setts might have interrupted it, on Lancaster, Groton, Chelms
ford, Mendon, Medfield, Marlborough, Sudbury, Rehoboth,
Wrentham, Deerfleld, Hatfield, Bridgewater, Scituate and
Plymouth. The combination was extensive and formida
ble ; and the prompt efforts made by the Engfish in 1675, were
probably the preventive of the slaughter of afl New England.
Many of the Massachusetts and Plymouth people were slain
in 1676. A company under captain Pierce was almost
whofly cut off, at Pawtucket ; and another from Boston, under
captain Wadsworth, at Sudbury. But Philip did not succeed
in coUecting a sufficient number together, to overrun the
English settlements ; nor was he able to procure a simultaneous
action of different bodies and on different settlements, to
accompHsh the purpose he had meditated. The Indians
soon became dissatisfied with his plan ; and occasionafly, in

80 HISTORY OF MASSACHUSETTS.
smafl parties, voluntarily surrendered to the English. It was
believed that Philip applied to the Mohawks for assistance, but
without success. In this condition of his affairs, he returned
during the summer to his paternal abode, near Mount Hope ;
where a few of his tribe stifl adhered to him and his falling
fortunes. ,
Perhaps, this act of the resolute sachem entitles him to the
hio-hest praise he justly merits. He was too intelligent, not
to perceive that his plans had failed, and that he had forfeited
his life, by his hostile acts towards a powerful people. He ecu d
now expect no success, even in a defensive contest, nor could
he promise himself a pardon for his unprovoked and aggra
vated aggressions. He chose, however, to return to his
native soil, and to sacrifice himself on his father's sepulchre,
and among the remnant of his native tribe. This was heroic,
this was patriotic, and this gives him as honorable a rank, as
justice and impartiality can award him. In this quarter,
Philip was again attacked, soon after his return, by captain
Church, who slew many of the Indians still attending the
sachem, but he once more escaped. Church still pursued and
followed him to Mount Hope Neck, where he had retired.
Here, the brave savage fell by the hands of an Indian who
was in the service of the English. It was, in truth, the fall
of a brave raan ; for he was even then preparing to annoy
his enemy, or to defend himself to the last. With his death,
the hostile spirit of the Indians within Massachusetts and
Plymouth was quenched ; or, on account of their weak con
dition, was seldom manifested. In the neighboring territories,
at the west and the east, they were still feared ; for they
depredated on the frontier towns, though they did not really
endanger the safety of the whole English settlements.
Although no immediate acts of oppression towards Massa
chusetts foflowed on the report of the commissioners, sent out
in 1664, which was well calculated to raise the displeasure of
the king, he vvas the more ready, afterwards, to listen to com
plaints against the colony, and desirous of showing his sense of
his royal right to govern and control its proceedings. On their
statement, that the acts of navigation and trade were not duly
regarded in Massachusetts, orders were given that they should
be strictly observed. These acts were of several years stand
ing, and had been passed, or revived, as well in the time of
the commonwealth, as of the monarchy: they operated as
restrictions on the trade pursued by Massachusetts, and were
considered as, no doubt, they were designed, for the chief
benefit of England. It was, indeed, the great question, so often

HISTORY OF MASSACHUSETTS. 81
afterwards agitated in the colonies, of raising a tax or revenue
from this trade, for the parent state. The object of that govern
ment, in all the acts respecting trade, was not chiefly to regu
late it on general principles, but with reference to its own
prosperity, while little regard was had to their effect on the
colonists. At this period there was no distinct officer of the customs,
by appointment of the king, nor had there previously been any,
except that the governor was authorized to see that the acts
of parliament, respecting trade, were observed, and that the
duties imposed were coUected. But the payment of the cus
toms was often evaded, under the pretence that they were op
pressive; or in the hope of escaping prosecution.
The men who conducted the controversy in behalf of Massa
chusetts, with the king and his agents, at this era, with their
strong love of liberty, united something of the spirit and policy
of courtiers ; for they were always most respectful in their ad
dresses to the crown, and when they failed to comply fully
with all the requisitions of the king, they cast themselves on
his clemency, and sometimes sought to flatter his vanity, or pur
chase his favor by presents. On this occasion, though they
declined a ready compliance with the royal directions, they
made a present of £500, a ship load of spars, and a large
amount of provisions, to the English navy in the West Indies.
And from motives of humanity, or policy, they made large col
lections for the sufferers by the great fire in London, in 1666.
Charles II. had not been long on the throne, before the
friends of episcopacy became very active in favor of the estab
lished church, and caused an act to be passed for strict con
formity to its rites and its government. Those who did not
conform were again oppressed, as they had been thirty years
before. The people in Massachusetts were in fear, that such
a system would be introduced into the colony. A day of pub
lic fasting and prayer was set apart by the general court, to
avert a calamity so much dreaded. In all seasons of appre
hended danger, both as to the welfare of the church, and the
liberties of the people, such was the practice ; their faith in an
overruling providence instructed and justified them in the
devout act.
On the complaints of Gorges and Mason, in 1676, that
Massachusetts had assumed jurisdiction over their several terri
tories, in Maine and New Hampshire, Charies II. required that
agents be sent over from the colony, to answer for the alleged
usurpation. The general court appointed William Stoughton
and Peter Bulkley for this service. They were in England,

82 HISTORY OF MASSACHUSETTS.
for this purpose, neariy three years ; but without adjusting the
difficulties which had arisen, connected with the subject.
Massachusetts had set up a claim, which could not fairly be
supported. Gorges' ancestor received a grant of the territory
in Maine, which he claimed ; and the heirs of Mason had shown
a similar title to the land they demanded, in New Hampshire;
while the claim of Massachusetts had no other support than an
arbitrary construction of their patent, which made their north
ern bounds three miles north of Merrimac River. They had
caused a line to be run, a few years before, to the most northern
stream of the Merrimac, and then running east to the ocean,
claimed afl south of such fine to be within their patent.
This construction gave all the eastern parts of New Hampshire,
and a great part of Gorges' grant in Maine, to Massachusetts.
The decision by the authority In England was, that both
the soil and jurisdiction of Maine, belonged to the heirs of Sir
F. Gorges, who had the original grant of the territory, from
Piscataqua to Sagadahoc, or Kennebec River. After this
judgment, Massachusetts employed an agent to purchase it of
Gorges' heirs ; but subsequently, the king ordered its restora
tion to their associates, or assigns, and the purchase money
was refunded. No judgment was given as to the claim of
Mason's heirs, for the Instrument was found to be imperfect,
intended to convey the land, nor had there been any charter
from the crown for a civil government over the territory claimed.
Massachusetts was confirmed in her claim, to three miles north
of the Merrimac, a certain distance up the river only, which
excluded them from Maine, and afl New Hampshire, as it now
is. Mason's heirs had claimed as far as Salem, but it was ad
judged, that the claims of Massachusetts were good against his
pretensions. Edward Cranfield was soon after appointed by the
king, to govern New Hampshire, in his name and as his pro
vince. On the return of Stoughton and Bulkley, in 1679, other
agents were ordered from Massachusetts, by the royal authority,
which was then declined by the general court, on a plea of
poverty, and of heavy taxes to be raised to meet the great ex
penses of the war with Philip, and of the preparations made
against the Dutch and French.
John Leverett was the governor of the colony from 1673 to
1679, when he died, and was succeeded by Simon Bradstreet,
now almost the only survivor of those who came over, with
Winthrop, in 1630. Leverett was one of the board of assist
ants when young ; and was several years agent in England, in
the time of Cromwell. His reputation was that of a wise.

HISTORY OF MASSACHUSETTS. 83
fiberal, and upright man, and of an able and discreet magistrate.
Bradstreet was seventy years old when chosen governor, and
continued tifl 1686, when the charter was vacated ; and Joseph
Dudley was appointed temporary President by the crown.
Bradstreet was distinguished for his discretion and probity ; and
yet he was less decided against the measures of the parent
government, which others thought arbitrary and oppressive,
and which they openly and firmly opposed. Danforth, who
was deputy governor with Bradstreet, in 1679, and after, and
who was one of the assistants for several years previously, was
the leader among the most decided and active, in opposition
to the claims, then set up by the counsellors of the king, over
the colony, not only as to regulating trade, but for controUlng
all its proceedings, both civil and ecclesiastical, and internal,
as well as external ; and that by officers from England, who
had little regard for the welfare or the rights of the people ;
and for collecting a revenue from the people to add to the trea
sures ofthe parent state. Soon after Charles II. was restored
to the throne, designs were formed for governing the colonies
more fully and more rigidly than they had been ; and these de
signs were continued, with little intermission, till the charter
was taken away, in 1686. There was, certainly, some reason
to complain, that the king's authority and prerogative were not
-duly recognised in all cases, and that powers of government
were assumed, which went almost to a denial of the supreme
authority of parliament over the colonies. The general court
of Massachusetts yielded to the authority of the crown, as to
the oath of allegiance, as to the judgment respecting Gorges'
and Mason's claim, as to a toleration of Episcopalian forms of
worship, of Baptists and Quakers, and as to the admission of
freemen, who were not members of a congregational church.
But the regulations of trade were disregarded, and no revenue
was collected for the parent state. That some provisions of
the acts regulating trade and navigation were severe in their
operation on the colonies, there can be no doubt. The politi
cal friends of the Stuart family, in Virginia and Maryland,
complained loudly of such oppressions. And it would have
been good policy, perhaps, as well as a generous clemency, on
the part ofthe parent country, to have favored and cherished
these infant plantations, rather than to have pressed so heavily
on them, for the purpose of meeting the high expenditures
cafled for by the court.
Edward Randolph distinguished himself, at this period, by
his complaints against the government of Massachusetts, and
his efforts to call forth oppressive and arbitrary measures of

84 HISTORY OF MASSACHUSETTS.
the king towards the colony. He complained, among other
things, of gross and .constant violations of the acts regulating
trade ; and was thereupon appointed collector of the customs ;
to reside at Boston, the capital of Massachusetts. Randolph
was styled " the accuser of his brethren;" he acted as a spy,
and was a bitter enemy to the colony, for many years ; and events
proved, that, in this dishonorable conduct, he regarded less the
authority of the king, than his own interest and profit.
After more than two years of delay, in 1682, the general
court sent other agents to England, as ordered, to vindicate the
colony from various charges which had been preferred against
it. These were Joseph Dudley, a son of the governor, Thomas
Dudley, and a child of his old age ; but who had httle of the
disinterestedness and integrity of his venerable parent; and
John Richards, who had been several years in public life, but
not possessed of all that talent and firmness to qualify him to
be a useful advocate for the rights of the colonies, at an arbi
trary court. Dudley had talents, but they were employed in
providing for his own honor and profit. To these agents,
unfortunately, perhaps, were given more powers than had been
given to the former ones. But to them, as wefl as to those be
fore sent, instructions were given, not to consent to any propo
sitions or demands, which should commit their rights, as secured
by charter. But the king and his counsellors were too desirous
of power, or too jealous of their authority, which was then
pretended to be sacred, to dispute about rights in the colony,
or to recognise the agents in the character of envoys from a
sovereign nation ; and insisted, that the colony was a part ofthe
empire, under the control of the crown ; and must therefore
submit to its wfll and pleasure in all things. And yet some of
the officers of the crown, even at this time, declared, that the
colonies ought to be represented in parliament, in order to ren
der it proper to lay taxes on the people residing in them.
When Dudley and Richards sailed for England, Randolph
accompanied, or soon followed them, to prefer more charges
against the colony. He had met with opposition in attempting
to discharge his duty, as a collector of the customs ; and when
he called on the governor and general court for assistance,
they either declined, or took no notice of his request.
In 1686, the charter of Massachusetts was solemnly declared
to be vacated ;* and Dudley was soon after appointed presi-
* When the agents found that no favor or justice could be expected,
unless they bad power to consent to give up the charter, to be altered and
moulded as the king and his ministers might dictate, they wrote to the
general court, of such determination ; and advised them to submit to the

HISTORY OF MASSACHUSETTS. 65
dent of the colony, by James II. then king of England;
together with Maine, New Hampshire, and Narragansett.
Narragansett, as well as New Hampshire, had been decreed
to belong to the crown, in opposition to the conflicting claims
of several individuals, and of Massachusetts. Sixteen persons
were joined with Dudley, in the government of these places.
They were taken from all the colonies, of which they were to
be the rulers ; and most of them had been in public stations
before. There was no provision made for a house of repre
sentatives ; and Mr. Danforth said, that without this, the
people would be little better than slaves.
When Dudley laid his commission before the general court,
which was in session at the time, or soon after his arrival from
England, they protested against it, as a measure of gross usurp
ation, and appealed to his patriotism, and his conscience, for
reasons to justify him in accepting such an appointment.* He
evaded a direct reply, and referred to the authority of the
king, by whom he had been commissioned. But his period
of power was short, and was not particularly oppressive. It
was the nature of the government established, and the seizing
of the charter, which alarmed the people, and excited the pop
ular indignation against the measure. The principles of Dudley
were known to be in favor of arbitrary power; for he said,
whfle agent in England, in reply to some friend of hberty, who
was contending for the preservation of the charter, "that the
people in the colony must not suppose that the rights of Eng-
royal grace. But they concluded, after due deliberation, and the people
generally approved of their resolution, " that it was better to die by the
hands of others, than by their own." "They professed themselves to be true
and loyal subjects of his majesty, but said " they could not consent to give
up their charter, nor surrender the rights they had enjoyed under it ; that
they would make their humble address to God, and in due time to the king,
for relief" From this firm declaration, there were some dissentients, as
there had been in most ofthe similar resolutions for several preceding years.
There seems to have been two political parties ; one of which was deeply
imbued with the principles of civil liberty , and the other was ready to sub-
mitto the royal prerogatives, and the oppressive measures of the parent
state. * They objected, that there was no certain and determinate rule for the
administration of justice ; and what did appear was too arbitrary ; that the
subjects were abridged of their liberties, as Englishmen, both as to legisla
tion aud taxes ; that all power was transferred to the president and council,
and no house of representatives provided for ; that it concerned him to con
sider, whether such a state of things were safe for him or the people ; that
if he were satisfied with the commission, and felt bound to govern the people
under it, they would not give their consent, but would demean themselves
as loyal subjects of the king. At the same time, they ordered the papers
relating to the charter, and to the titles to lands, to be put into the hands of
a committee for safe keeping. 10

86 HISTORY OF MASSACHUSETTS.
Vishmen would follow them to the ends of the earth." Dud
ley had a quarrel vvith Randolph, at this period ; a prool, that
mere political aspirants, and selfish rulers, have little ^jrinciple,
and act in concert often, only with a view to personal advan
tage. Several of those associated with Dudley were excellent
characters, and they probably had a favorable mfluence on his
public conduct.
At the close of the year in which he received his commis
sion, (1686) Dudley was succeeded as chief magistrate of
Massachusetts, by Sir Edmund Andros, who had been some
time governor of New York. He now received a commission
to govern all the New England colonies.* Andros was a
military character, and of known arbitrary principles. It was
feared, that he would govern rather from caprice and prejudice,
than with just and equitable purposes. Nor did the fears of
the people prove unfounded. The press was taken under his
special care and inspection ; and under the pretence of religious
toleration, the Episcopalians received marks of peculiar favor
and support. Randolph, who was justly obnoxious to the
people, for his enmity, and his arbitrary conduct in past years,
had unbounded influence with the governor. He acted as
Judge of Probate, and Secretary of the colonies, as wefl as
coflector of the customs ; and exacted much higher fees than
had ever been required. He also commanded all, who had
business of this kind, to attend on him at his own house.
The counsellors of Andros were, probably, a check upon his
purposes and measures. The greater part of them were friends
of civU liberty, and could not but have used their influence in
the cause of justice and equity. But some of them were less
devoted to the interests of the people, and the cause of free
dom ; and such were often with him, ready to flatter his vanity,
and to approve his conduct.f The measure which gave the
most general alarm, perhaps, and tended to the most extensive
evil, was a declaration, and order, that all the titles to land in
the colony were invalid, or incomplete. The reason given,
was, that the charter was vacated, and that the fee was in the
crown. The people were required to take a confirmation from
the governor, and most exorbitant fees were demanded.^ An
* This is the language of his commission — but it does not appear that
Connecticut was included.
t The counsellors were Dudley, Stoughton, Winthrop, Bulkley, and Tyng,
of Massachusetts, Hinckley, Bradford, Lothrop, and Walley, of Plymouth,
Coggeshall, Usher, and Wharton, of New Hampshire, Arnold, Clark,
Newbury, and Smith, of Rhode Island, and Narragansett.
t Andros' salary was £1200 sterling, paid from England, (as was proposed,
in 1673, to provide the royal governor's stipend) yet the motto of his official
seal was " nunquara libertas gratior extat.

HISTORY OF MASSACHUSETTS. 87
address and protest were forwarded to the king, complaining
of the oppressive conduct of Andros* and of Randolph ; in
which they pleaded the original grant, in November, 1620, to
the council of Plymouth, in England, and of 1628-9, from that
council to the company, by which Massachusetts was settled ;
the confirmation of Charles I. of the grant, and his charter for
a government, with a governor, assistants, and a general court,
to make laws, (not repugnant to England,) and to dispose of
lands as they might choose ; their purchase, also, of the native
Indians ; possession for nearly sixty years ; and the great cost
and charge attending the settlements, without expense to
England. Andros and his council, or a part of them, proceeded to
levy taxes, in an arbitrary manner. In some towns, payment
was refused, and respectable citizens were fined and imprisoned.
The complaints of the people became general. There were
no acts of violence, but strong disapprobation was manifested as
to these oppressive and arbitrary proceedings. Rev. Increase
Mather was deputed, by some men of influence, and ardent
friends of liberty, to proceed to England, and state their griev
ances to the king.
In the spring of 1689, the people, oppressed by the arbitrary
measures of Andros and Randolph, and impatient for deliver
ance from such odious thraldom, on receiving a report of the
revolution in England, but before there was formal intelligence
ofit, seized the governor, and some of his official friends, and
placed tham in confinement ; the captain of an English frigate,
then in the harbor of Boston, was of the number. A tempo
rary government was immediately formed, of those who had
been magistrates or representatives, and called " a committee
for the safety of the people, and the conservation of the peace
of the colony." Bradstreet, who was governor in 1686, and
more than eighty years old, was appointed president; Adding-
ton, secretary, and Walt Winthrop, commander of the militia.
This whole committee was very respectable, both for talents
and patriotism. They gave notice to the government of Eng
land of what proceedings had taken place in Massachusetts,
and requested advice and direction in the case. They were
directed to continue the government, as it was before the
appointment of Dudley and Andros, and orders were also
* While Andros was governor of Massachusetts, he suspended one ofthe
counsellors, who probably opposed some of his arbitrary measures; and
threatened to shut up the doors of a church in Boston, because the proprie
tors declined having the episcopal service performed in it. Under the plea
of tojeration, he was partial, arbitrary, and oppressive.

88 HISTORY OF MASSACHUSETTS.
received for the release of Andros, Randolph, and others.
Randolph, on his return to England, preferred many serious
complaints against the colony ; but the agents, then in that
country, were attentive and faithful to the interests of Massa
chusetts ; and those in power in the kingdom were far more
favorable in their views and purposes to the people of New
England, than the administration of Charies and James.*
These complaints, however, had an unfavorable influence with
the government, after the revolution ; for the ministry and
pariiament were then disposed to keep the colonies in due
dependence and subjection; and William was as ready to
maintain the authority and prerogatives of the crown, as his
predecessors had been. Andros, and others of similar political
views, were retained in power under the new administration,
Massachusetts was without a charter till the year 1692; but
during this period, the courts were held and representatives
were chosen, as before the usurpation of Andros. The peo
ple had confidence in those who were in power, and yielded
ready obedience to their orders.
During the administration of Andros, particularly the latter
part of it, the Indians at the eastward, within the territory then
claimed and possessed by the French, made frequent attacks
on the frontier settlements of the English, and plundered and
murdered many of the inhabitants. But Andros, from friend
ship to that nation, or from a mistaken policy, failed to give the
people efficient protection. Yet, on one occasion, he went to
Pemaquld, a few leagues east of Kennebec, or Sagadahoc, and
the eastern bounds of the English settlements, at that period ;
but the expedition did not prevent future aggressions. In
1690 an attack was made, under Sir WiUiam Phipps, an enter
prising, resolute character, against Port Royal, in Nova Scotia,
which proved highly successful ; and he took possession, in the
name of the English government, of the coast, from that place
to Penobscot, hitherto occupied by the French.
This success led to a formidable expedition against Quebec,
the same year, commanded also by Phipps, which consisted
of nearly forty vessels and two thousand rnen, most of whom
were impressed for the service, in Massachusetts. A fleet
sailed from Boston, and land forces proceeded by way of the
lakes and Montreal, for this purpose. But the expedition was
got up with such haste, that proper military stores and provi
sions were not provided; the weather was unfavorable, (it being
" One of the professed objects of the revolution in England was " to
put the liberties ofthe people out ofthe reach of arbitrary power."

History of Massachusetts. 89
late in the season ;) incorrect reports were made, as to^ the
bept place to land and make the attack ; and the smaU pox pre
vailed among the land forces also. After one unsuccessful
attack with part of the men, it was resolved to relinquish the
undertaking, and such portion of the fleet as was not wrecked
on the coast, returned to Boston.
This proved a very expensive and disastrous affair to Massa
chusetts. To meet the expenses and pay the men, who were
clamorous in demanding their wages, which amounted to more
than £50,000 sterling ; paper money was Issued, which was
the occasion of great and continued distress, for many years,
though the measure afforded temporary relief.
The obtaining of a new charter, and defining the powers con
ferred, or aflowed, was a work of much difficulty. It was first
attempted to have the former charter renewed, with some ad
ditional powers; but this was found to be impossible. The
professed friends of the colony, in England, were opposed to
the grant or recognition of powers, to the extent solicited by
the agents of Massachusetts. It was soon apparent, that no
charter would be issued, giving even equal powers with the
former. When Mr. Mather objected to the project of a
charter, prepared by the officers of the crown, he was told,
" that his approbation was not necessary, that the colony was
an applicant for favors, and must not dictate in the affair."
That which was finally matured and issued differed from the
old one, in some Important respects., less favorable to the power
of the colonial government, and to the urgent wishes of the
agents. It united Plymouth,* and Maine, and Nova Scotia,
and the islands between, to Massachusetts, with the style and
title of "The Province of Massachusetts Bay." By this
charter, the king reserved to the crown the right to appoint
the governor, lieutenant governor, and the secretary. The
assistants, or counsellors, were to be chosen, as before, by the
general court. The governor had a full negative on the repre
sentatives, and with advice of the counsellors, was to appoint
all officers in the province. The council was to consist of
twenty-eight members, four of whom to be from Plymouth,
and three from Maine. A voter must have personal estate of
£40 sterhng, or an income of 40«. a year. At their first meet-
* It included Martha's Vineyard, also, which had been under the govern
ment of New York. Rev. Mr. Wiswall, agent for Plymouth colony, object
ed to the union of that colony with Massachusetts; believing, probably,
that it would thus lose much of its importance ; but when he learnt there
was a plan to annex that colony to New Tork, he readily consented to its
being a part of Massachusetts.

90 history of MASSACHUSETTS.
ing under this charter, the general court voted to adopt the
laws of Massachusetts and Plymouth, unless repugnant to those
of England.*
The new charter was far from being acceptable to the great
body ofthe people; for they had been accustomed to act and
legislate, in a great measure, as if they were sovereign and
independent. Their principal objection was to the appoint
ment of the chief magistrate by the king ; and in this they dis
covered, as weU a foresight of future mischief, as an ardent
desire of republican freedom. Some of the more rigid lament
ed, that full liberty of conscience was given to Episcopalians,
and other dissenters from the congregational churches, except
to Baptists ; for it was a long time the opinion, that toleration of
other religious opinions and forms of worship would be injurious
to the welfare of the colony, as wefl as highly prejudicial to
christian truth.
In the appointment of the first governor, the king was pleased
to consult the wishes of the agents ; and Sir William Phipps
was cbmmissioned for that office, in 1692. He was of obscure
parentage, the son of a poor man, who lived near Sheepscot
River, and not far east of Sagadahoc, but early discovered a
strong mind, and a spirit for nautical adventures ; and was thus
the maker of his own character and fortunes. He was more of
a sailor and soldier than a statesman ; but the clergy were his
frequent advisers. And Wifliam Stoughton, the lieutenant gov
ernor, was distinguished as a scholar, and as an able, discreet
legislator. On the recafl and decease of Phipps, in 1694,
Stoughton acted as chief magistrate for several years, and en
joyed the respect and confidence of the people.
* The formal declaration of their rights and privileges, in 1694, approved
both by the representatives and the counsellors, will show their views of
civil power belonging to them; and their fears, that plans were in opera
tion to infringe on the authority which they asserted to be essential to
liberty. It was of the following purport: "that they had an undoubted right
to all the liberties and privileges of an English assembly, and to have free
dom of debate and suffrage, as the Commons of England have ; that the ap
pointment of all officers doth of right belong to the general assembly ; and
that when money is to be levied of the people in the province, the assembly
be advised of the use and application thereof; that tihe establishment of all
salaries of officers, in the province, belongs also to the general court ; that
no public moneys ought to be disposed of by the governor and council, but
for the uses and intents of, and agreeable to, the acts, by which said money
is raised ; and that no money ought to be drawn or paid out of the public
treasury of the province, but by warrant ofthe governor, with advice ofthe
council, mentioning the law by which it was raised, and for what service
designed, and to be according to said law."

CHAPTER VI.

Witchcraft — Laws for Religious Worship, for Education, and for sobriety
of manners — Disputes with Government of England — French at Pema-
quid — Lt. Gov. Stoughton — Law against Jesuits, and against Slavery —
Gov. Bellamont — Gov. Dudley — His Character — War between England
and France — Depredations of Indians — Col. Church goes against Indians
¦in Acadie — Expedition to Port Royal — Meditated attack on Canada —
Heavy Debt and Tax, and Paper Money — Peace between France and
England — Prosperity of the Province — Newspapers — Gov. Shute — His
Character — Indians in Maine hostile, conquered — Dispute between Gov.
Shute and General Court — Gov. Shute, on his return to England, com
plained of the Court — Agent Dummer — Lt. Gov. Dummer — Treaty with
Eastern Indians — Clergy propose a synod — Earthquake.
The year 1692 is memorable, not only in receiving a new
charter, and in having the government duly formed and ad
ministered, after five years of interruption, but for tragical events
growing out of charges for witchcraft, which furnish melancholy
proof of the weakness and credulity of the human mind. But
for the appalling effects of this strange delusion, in the im
prisonment and execution of several respectable persons, the
facts disclosed would be matter of amusing curiosity. This
disastrous infatuation, however, was not confined to Massachu
setts, or to America. Similar scenes were exhibited in Eng
land ; and some learned men gave countenance to the cruel
proceedings, in that country as well as in New England. Super
stitious credulity was 'the support of this fatal error ; for without
a belief of the power ofthe Devil to make men his agents and
tools, the system could not have been admitted. When reason
and philosophy are disregarded, credulity and prejudice can
effect every thing but miracles.
On the slightest charge and even on bare suspicion, numbers
were adjudged guilty of the high offence "of making a league
with Satan; and were punished, even to death, on evidence
not legally sufficient to convict a man of the smallest offence.
The eyes of the magistrates and judges were at last opened, by
the accusation of respectable individuals, whose characters were
above all suspicion of such a crime, even if it were practicable.
This, however, was not till about twenty had been executed,
and many more imprisoned for a long period. It is consoling
to know, that some of the magistrates were opposed to these

92 HISTORY OF MASSACHUSETTS.
cruel proceedings ; among whom were two of the judges who
acted on the occasion. And many others, afterwards, lamented
the delusion, which had thus perverted their better judgment.
So infatuated were some of the people, at the time of the
highest excitement, that, by their vehement solicitations and
menaces, they persuaded the weak and timid to confess they
were witches, who were of holy and exemplary conduct.
Some of these afterwards declared, that they had acknowledged
themselves guilty, partly through fear, because of the threats
uttered against them, and an apprehension that they might
have been subject to the Devil's arts without knowing it.
Several years before this time, there had been two or three
executions for this supposed crime; but the extravagances and
cruehies attending the Salem tragedy, in 1692, served to keep
the people from similar delusions ever afterwards.
The legislators and rulers of Massachusetts considered it
their duty, from the eariiest settlement of the colony, to provide
for the support of religious worship and instruction, for the edu
cation of youth of aU grades and classes, for the observation of
the Lord's day, and for suppressing Intemperance, gaming and
profanity. They acted as the guardians of the public morals ;
for they believed religiqn and morality essential to the public
welfare of society. They were some times accused of being
too severe, and too minute in their laws relating to such sub
jects ; but there can be no doubt their regulations were for the
peace and good order of the colony, and that much greater
laxity would have proved injurious to the public welfare and
prosperity. The clergy were often advised, by the general
court, to adopt measures to bring about a reformation among
the people, and to strive for greater purity of morals in the
community. This was a legitimate object of the civil power ;
but when they proceeded to prescribe articles of faith, and to
require particular forms of worship, they presumed to legislate
on points beyond the province of the civil magistrate to decide.
The dispute between the rulers in Massachusetts and the
parent government, which had long been kept up, and which
was destined to continue to exercise the talents and call forth
the patriotism of the colonists, was agitated, at this period,
with a good deal of zeal. On the adoption of new regulations
in England, respecting the duties on commerce, and the collec
tion of the customs, the general court passed an act, tending
(and probably intended) to defeat the operation of those regu
lations ; alleging that they interfered with the rights of their
charter, or were oppressive to so small and distant a colony : and
a law of parliament was soon after enacted, which declared such

HISTORY OF MASSACHUSETTS. 93
a law of Massachusetts to be utteriy null and void. The acts
ofthe British pariiament, relating to the trade of the colonies,
were often the cause of complaint. They operated as restric
tions, which were odious and oppressive to the people ; and they
were chiefly designed for the benefit of England ; and thus
obliged the colonies, by way of imposts, to contribute to the
support of the government there, while they had to pay for the
maintenance of their own, respectively, and to discharge heavy
debts incurred for defence against the French and Indians.
The people of Massachusetts, with some other settlements
in New England in 1697, were alarmed by menaces of war
from the French, who had been several years laying claims
to Nova Scotia, and the eastern parts of Maine, and whose
greatest means of annoyance was the employment of the
Indians against the inhabitants on the frontiers. Pemaquid
and the country eastward of it, had been long possessed by the
French ; except occasional captures by forces from England
or Massachusetts.* A report was spread through the pro
vince, that Boston would be attacked by a French fleet, and
an attempt be made to conquer the whole coasts of New
England. Various obstacles occurred to prevent the prosecu
tion of this plan. But the fears of the inhabitants were
unusually excited ; for it was believed that the Indians of the
West, who were then governed by the French, would assist
in the attack, by falling on the settlements In the interior.
By order of Lieutenant Governor Stoughton, then in the
chair, the miHtla were prepared to defend the Province, if the
French should appear; and the fort on Castle Island was put
in repair for the protection of the capital. The treaty of
Ryswick, toward the close of the year, restored tranquillity to
the province, for a short period only ; for the following year,
the French laid claim to all the country east of Kennebec,
(though by that treaty, their forts and possession were to be
restored to England) and forbid the inhabitants from fishing
on the coasts or entering on the territory. The eastern Indians
took advantage of this state of the country, to commit depre
dations and murders, without formal notice of war, and when
the means of defence could not be seasonably provided.
* The fort at Pemaquid, near the then eastern settlements, and the terri
tory claimed by the French, was taken in 1696 by the French and Indians
under the Baron Castine, of Penobscot. This was considered an import-ant
po3t, and it bad been a great charge to M-assacbusetts to defend and keep it
in repair. It several limes changed masters, in Cbe course of the contests
between France and England ; while it was in the hands of the French,
the Indians were more bold in their attacks ; when possessed by the
English, they were- less feared and less dangerous.
11

94 HISTORY OF MASSACHUSETTS.
Among the laws of the province, while Mr. Stoughton was
in the chair, was one against Jesuits and popish priests ; and
similar orders were passed in New York prohibiting their*
residence in that colony; afleging that they instigated the
Indians to attack the English and all other protestants ; and by
his advice probably, the general assembly took into considera
tion the subject " of putting an end to negro slavery in Mas
sachusetts, and of employing white servants in their stead."
In 1703, a penalty was imposed for importing negro slaves
into the province. This truly excellent man and able
magistrate died in 1703, much lamented by the people of the
province. Eari Bellamont, who was Governor of Massachu
setts a short time in 1699-70, died the same year, at New
York. He was also several years governor of that colony.
His short administration In Massachusetts was generally ac
ceptable to the people. He is characterized as bland and
courteous in his manners, and as seeking the welfare and pros
perity of the people over whom he presided, as well as main
taining the authority of the crown. Some of his declarations
were calculated to administer just rebuke to such officers and
agents, as sought only their own power and emolument.
After the death of Mr. Stoughton, the executive authority
of the province was in the hands of the counsel, for a few
months, when Joseph Dudley, who had been president in
1686, received the royal commission to be Governor of Mas
sachusetts. He vvas continued in the chair for twelve years.
When he was agent in England, in the times ofthe Stuarts,
he made friends of the men in power, and became an apolo
gist for the prerogatives of the king, and for the arbitrary
measures adopted at that period. He could flatter those In
authority, of any description or party, for the promotion of his
own ambitious designs. While in office in Massachusetts, he
seldom agreed with the general assembly, which was always
jealous of afl encroachments on the rights and privileges
guarantied by the charter. He is represented as one covetous
both of power and wealth ; and as probably seeking for the
former, as the best means of attaining the latter. In his first
speech to the General Court, he proposed that a house should
be furnished for him, befitting the representative of the king;
and that a more liberal compensation, than formeriy, be pro
vided for his support, in his present high station. The House
hesitated, and postponed a compliance with his request. They
thus exposed themselves to his displeasure and censure, rather
than to yield to what they believed an unreasonable requisi
tion. There was litde cordiality between the representatives

HISTORY OF MASSACHUSETTS. 95
and Mr. Dudley, while he remained In office. He would
probably never have been governor had it depended on the
free suffrages of the people. Rev. Increase Mather and his
learned son accused him of insincerity and covetousness ; and
complained that his avarice led him to render unrighteous
judgments. In 1702 war was declared between England and France,
and the English settlements in Maine and in the western parts
of the piiovince were threatened by the Indians, who were
always under the influence of the French priests, and ready
to fall upon the English, at the eariiest notice of hostilities.
The governor held a conference with a delegation from Penob
scot, Norridgewock, Amariscoggin, and other eastern tribes,
who promised to maintain peace and amity with Massachusetts ;
but soon after, in junction with the French from Canada, they
attacked the settlements between Portsmouth and Casco Bay,
and captured and slew more than one hundred of the inhab
itants. About a year after, the Indians fell upon Deerfleld
and Northfield, on Connecticut River, when the people had no
warning of their approach, and destroyed several dwelling
houses by fire, slew upwards of forty, and made prisoners of
one hundred and twelve. Lancaster was attacked the same
year, several of the people were slain and the residue found
shelter in the garrison. This was the second assault and
slaughter made by the Indians on that town. In 1704, an
expedition against the French and Indians at the eastward,
was fitted out at Boston, under command of Col. Benjamin
Church, who was an officer against Philip in 1675. It con
sisted of 500 men, and he attacked the French in Nova
Scotia, (or Acadie) and the Indians of the Passamaquoddy
and Penobscot tribes, who had been then recently committing
outrages on the English.
This war continued with varied and unequal exertions, for
several years ; and in 1707, an expedition was prepared for
attacking Port Royal in Acadie, consisting of two regiments,
under Col. March, and conveyed by the province galley and
a British sloop of war. Some attempts were made on the
fort, but no very serious or vigorous assault ; and the enter
prise was abandoned, for want of a sufficient force, as was
alleged by the officers, but, as others believed, for want of
concert and resolution in the besiegers. The expense to the pro
vince, of this unfortunate expedition, was £22,000 ; for which,
in its condition, at that period, added to its previous debt, it was
very difficult to provide. The credit of the province suf?
fered by the issue of a great amount of paper money, which

96 HISTORY OF MASSACHUSETTS.
was intended to sustain h. As in all such cases, the bills
depreciated in value, in a short time, as there were no means
for their redemption by specie.
In 1708, the French and Indians made attacks on several
frontier towns and settlements. Haverill was surprised by a
party of Indians ; several houses were burnt, and the minister
and about forty of the inhabitants were killed.
An expedition was planned, the following season, to go
against Canada and Acadie. A squadron was to be §ent from
England to Boston, and Massachusetts was to furnish 1000
men. Due preparations were made in the Province ; but the
naval force, expected from England, did not arrive ; being
then required for the protection of Portugal. The plan was
revived in -1710, but was prosecuted only in part. Port
Royal was attacked, and surrended to the combined forces from
England and Massachusetts ; the latter having furnished four
regiments, except that a small portion was from the adjoining
colonies. After the capture of Port Royal, the place received
the name of Annapolis, in honor of Queen Anne.
The design to dispossess the French of the places they
held on the borders of New England was not relinquished ;
for they were considered dangerous neighbors, and they had
great influence with the Indians, to incite them to almost con
tinual hostility. The English government was also desirous
of depriving the French of their territory, and of weakening
their power, in North America. Another attempt was accor
dingly made against Canada in 1711, by order of the British
government. There were fifteen ships of war, and transports
with seven regiments of veteran English troops employed,
besides the men furnished by Massachusetts and New York ;
making in the whole 6500. A large force, raised in the
colonies, and chiefly in Massachusetts, proceeded also against
Canada by the way of the lakes, under command of General
Nicholson. But this expedition, like the former in 1690,
proved unsuccessful. The weather was unfavorable, the
pilots proved unskilful, and several of the transports with
troops were lost, to the number of 1700. The commander
of the naval expedition saw fit to abandon it ; and Nicholson,
on receiving the intelligence, at Lake George, retired, with
the men who were advancing towards Montreal. As Massa
chusetts had a large number of men in this expedition, thfe
debt of the province was much increased ; and the people
were hard pressed by the great amount of public taxes. The
General Court attempted to afford relief to debtors, by a law
to prevent oppressions, and by making the bills, issued by the

HISTORY OF MASSACHUSETTS. 97
province, a legal tender in all cases. Paper was then generally
in circulation, instead of specie. But the effect of such a
great issue of paper, resorted to in seasons of peculiar ex
igency, to pay the debts of the province, was eventually
unfavorable both to the people and to the public credit. The
general assembly might justly order, that the bills, issued by
their authority, should be received in payment to the govern
ment, but to require individuals to receive them, when
depreciated, to discharge bona fide demands, was considered
by many an arbitrary and unjustifiable measure. By the
treaty of Utrecht, in 1713, the French ceded Nova Scotia
and other places east of Kennebec to Great Britain ; and
the eastern Indians sought for peace with the English, and
signed articles of friendship and submission to them. During
this year, the boundary line between Massachusetts and Con
necticut was perambulated and marked out ; and soon after
was accepted and confirmed as correct by both those govern
ments. After eighty years had elapsed from the first date of the
English settlements in Massachusetts, the province had become
respectable for its population, enterprise, intefligence and wealth.
New England, and especially Massachusetts, by far the most
extensive and populous, began to be regarded with interest, if
not with jealousy, by foreign countries ; and the inhabitants
manifested, on their part, a desire to be acquainted with the
affairs of England and Europe, generally, as well as of the mid
dle and southern colonies in British America. Such increase
of population and trade must naturally call for a publication,
of the common character of newspapers. A paper of this kind
was established in Boston, in 1704, printed by Samuel Greene,
with the title of "Boston News-Letter." This paper was so
much encouraged, that, in a few years, the number of sub
scribers was nearly one thousand. A second paper was pub
lished in 1720, called the "Boston Gazette." - The. third was
estabhshed in 1721, cafled the "New England Courant," and
conducted by an older brother of the celebrated Benjamin
Franklin. The clergy were described as bigoted and arbitrary,
by the editor, or some writer in the paper ; and in 1722, the
general court passed a severe censure upon it.
The council exercised the supreme executive power of the
province, for a short time, after the death ef Governor Dudley.
William Taller, the lieutenant governor, also performed the
duty of chief magistrate, for a few months, at this period; and
in 1716, Governor Shute arrived from England, with a com
mission from the crown. He was a well educated man, of a

'98 HISTORY OF MASSACHUSETTS.
mild spirit, and of accomplished manners ; and what particularly
rendered him acceptable to the people, was the attachment of
himself and family to the dissenters. After he had been iri the
chair two years, he was eulogized, by some intelligent individ
uals, perhaps his personal friends, as a liberal and faithful magis
trate. Yet It appears he had some political enemies; biit
towards them even, his behavior was conciliating and magnani
mous. It was high praise, to say ol him, as one did, that the
people would have chosen him for their governor, in preference
to any native citizen. And yet, after he had been In the ad
ministration a few years more, he was engaged in a dispute
with the House of Representatives, as to his right to negative
their choice of speaker, and as to the encroachments made on
the public lands, by which the spars, reserved by the crown for
the English navy, were taken or destroyed by the people.*
In 1717, Governor Shute met the sachems of several eastern
tribes, at Arowsick Island, near the mouth of Kennebec River,
and renewed the treaty of 1713 ; which was observed by them
with a good degree of faith, for about five years, when they
commenced hostilities in Maine, by the encouragement, if not
at the direct instance ofthe French. The people, in the new
settlements in that territory, were long exposed to the barbari
ties ofthe Indians, and suffered greatly in their property; and
many lives were lost in these savage attacks. It is justly a
matter of surprise, that they attempted settlements far remote
from all efficient and seasonable protection from the govern
ment, when the aboriginals had manifested such deadly hostility
against them. There are no proofs that the people in that
part of the country committed acts of injustice or aggression on
the natives ; and there was no other cause to be assigned for
their work of destruction, than that false statements were made
to them ofthe views and designs ofthe English.f
At this period, a fort was built on Georges River, a few
leagues east of Pemaquid, for the protection of the settlements
then extending in that part of the province. The Norridge
wock and Penobscot tribes, aided, at times, by those of Passa
maquoddy, and of some within the limits of Canada, made fre
quent irruptions on the English setdements ; and although
several treaties were made with them, from the year 1700 to
* Cotton Mather said the people of Massachusetts were sincerely loyal at
this time ; but they chose to show it rather by praying for the health ofthe
king than by drinking it.
t In a letter of Governor Shute to Ralle, the Jesuit, he says, " the Eng
lish had not entered on land without a fair and honest purchase of the In
dians, and that they had deeds to show for it."

HISTORY OF MASSACHUSETTS, 99
1724, they disregarded them, as their spirit of revenge or de
sire for plunder, or a wish to gratify the catholic priests, prompt
ed. In 1724, an attack was made on them at Norridgewock,
one of their chief places of rendezvous; many of them were
slain, and their fortress destroyed. From this period, they were
far less feared, and appeared less disposed as well as less able
to injure the English in that quarter.
In his desire to retain the favor of the general court, or from
his native mildness of character. Governor Shute consented to
an act to lay a duty on West India products, on wines, on
English manufactures, and on the tonnage of British vessels.
For this, he was censured by the ministry in England, as not
duly supporting the prerogative of the crown. The law was
the more offensive to the English government, as It was passed
on occasion, if not in retaliation, of an act of pariiament, for
raising a revenue in the province by imposts, which had always
been opposed by Massachusetts. The general court rescinded
the act, and acknowledged that the objections to the measure,
by the British ministiy, were just and proper. On the other
hand, he maintained the prerogative and right of his sovereign
very decidedly; and thus afterward exposed himself to censure
in the province. He gave' his negative, as he supposed the
charter authorized, to one of the counsellors chosen by the
general court. The latter insisted that hi! was duly elected,
and therefore entkled to a seat at the council board. They
said, they sent up the names of those they had chosen, for the
information of the governor, rather than for his consent or con
currence. There was frequently a want of union and action
between him and the representatives. On one occasion, he
dissolved the house, for their opposition to his directions ; and
they adjourned for a week, without asking his consent, or giving
him notice. They also appointed a time for a public fast,
which had before been done by the governor and council ;
and claimed the right of appointing some officers, which had
always been the prerogative of the executive.* When he
first entered on the administration of the government, he ap
proved ofthe paper money policy; but soon became satisfied
ofthe evils it produced, and opposed it.
When Governor Shute went to England, in 1723, he com-
* When the governor issued a proclamation for the public, fast, at this
time, he said, "by the advice of council, and on motion ofthe house of repre
sentatives." But this did not conciliate them. They omitted Mr. Belcher,
and others, from the council, because they were friends of the governor. In
other instances, also, towards the close of bis administration, the leaders in
the house opposed him, pretending that he was disposed to support the
prerogatives of the crown to the prejudice of the rights of the province.
They also claimed the right to appoint the attorney general.

100 HISTORY OF MASSACHUSETTS.
plained ofthe conduct of the general court, for not taking suit
able measures to prevent the destruction and waste of the king s
forests and spars, and for not submitting to his veto on their
election of one of the counsellors. The general court employed
an agent. Dr. Cook, of Boston, a distinguished advocate for
the rights ofthe colonial government, to vindicate their conduct.
There was a hearing before the king's privy council ; the gov
ernor was fufly justified for his conduct, and the assembly of
Massachusetts expressly censured.
These proceedings of Massachusetts, with other previous
acts, indicating a want of due submission to the parent govern
ment, as was alleged by the then administration,_ gave such
dissatisfaction, that there was a proposition to withdraw the
charter of 1692. Jeremiah Dummer, then an agent in Eng
land, from Massachusetts, and a man very eminent for his
talents and learning, defended the province with great ability.
He did not, however, jdstlfy the general court In all the mea
sures, of which Governor Shute complained. He pleaded,
that the powers delegated by the charter had seldom been ex
ceeded by the government, and that, although these were vari
ous and extensive, they were necessary for the welfare and
prosperity of the province.* The charter was saved; but an
explanatory article was added, by which the king's right, by
his governor, to negative the election of the counsellors, was
expressly asserted and declared. In the absence of Governor
Shute, William Dummer, the lieutenant governor, filled the
chair, with fidelity and ability. In 1723, a fort was erected
on Connecticut river, near the boundary line of Massachusetts
and New Hampshire, and called fort Dummer, in honor ofthe
lieutenant governor. It was also after the return of Governor
Shute to England, while Mr. Dummer acted as chief magis-
rate, that a treaty was made with the eastern tribes of Indi
ans, which gave peace and security to the inhabitants in Maine.f
* He contended that its withdrawal, or a material diminution of powers,
would be great injustice, when the sufferings, efforts, and sacrifices, of the
inhabitants, and their fathers, were considered ; that the authority exer
cised in the province was no more than belonged to British subjects, and
was necessary, as the people were not represented in parliament. Similar
considerations were urged in 1691 . by Bishop Burnet, father of Governor
Burnet, who said in the House of Lords, " that the charters of the colonies
in New England were far more sacred than of corporations in England, as
the former were contracts with the patentees ; they promised to enlarge the
king's dominions, if they could have certain privileges; they had perform
ed their part of the contract; and if the king did not fulfil his part, it
would be manifest injustice."
t When the chiefs were asked if they would be responsible for the good
conduct of the young men of their tribes, they said "they would answer
for them when they were not intoxicated."

HISTORY OF MASSACHUSETTS. 101
In 1725, Capt. Lovell, of Dunstable, made an attack on the
Indians at Plgwackett, on Saco River, about thirty miles west
of Portland. He made a bold assault on them; but they were
very numerous, and he and his men were overpowered. Most
ofthe party were slain, or mortally wounded. It was consid
ered a very heroic adventure ; and provision was made for the
relief of the families pf those who were slain on that occasion.
So much were the people harassed on the frontier settlements,
at this time, that agents were sent to Montreal, from Massa
chusetts, to prevail with the French to prevent the hostilities
ofthe Indians.
The power of the clergy appears to have been less, at this
period, than In the early days of the colony. At their annual
convention, in 1725, they proposed, that a synod should be
called, to take into consideration the religious state of the coun
try; but the general court, whose consent was deemed proper,
and by whose order or advice former synods had been con
vened, declined giving their countenance to the proposal.
Many of the laity had become jealous of ecclesiastical power ;
and, perhaps, the disapprobation^ with which the proposed
measure was viewed by the British ministry, prevailed with
some in the province to object to it.*
The year 1727 was memorable for a severe earthquake in
New England, which was felt as far as Delaware. This was
the third in the country, noticed in the records of rare occur
rences, which excited great alarm. But other small shocks
had been experienced, during a period of seventy or eighty
years. * A writer of this period, however, represents the clergy to be catholic,
" making the basis for union vital and substantial piety, in which all good
men might join. The terms of communion run parallel with the terms of
salvation. Presbyterians, Lutherans, Anabaptists, Episcopalians, &c.,
meet together at the same table of the Lord."

12

CHAPTER VII

Governor Burnet — His Character — Dispute with General Court, about his
salary — Governor Belcher — His Character — At first very popular — Paper
Money depreciated — Occasion of long embarrassments — Parties — Oppo
sition to Governor Belcher — Naval Officer removed by the King,
and not by the Governor — Expedition to the West Indies— Line
between Massachusetts and New Hampshire run — Line run between
Rhode Island — Governor Shirley — His Character — War between Eng
land and France — Disputes and contests with Eastern Indians — Expedi
tion to Louisbourg — successful — New England threatened by the French
— Plans against Canada, and Nova Scotia — Peace, and troops recalled
from Nova Scotia — Impressments in Boston, and Riots — Plan for Bishops
in America-r-Paper Money redeemed, and discontinued — Reimburse
ments from England — Society for Industry and Economy — Clergy —
Eastern Indians — British Prohibitions on 'Trade — Agent in England —
Heavy Taxes — Commerce.
In 1728, Mr. Burnet, who had been Governor, both of
New York and New Jersey, received a commission from the
king, to be commander-in-chief of Massachusetts. He was a
son of Bishop Burnet, and had the reputation of being a great
scholar and an elegant writer. His administration was short ; but
so unpleasant, as to have given him great anxiety and vexa
tion. He was fond of parade, but of an amiable temper ; and
yet was engaged in controversy with the general court, on the
vexed question, which before and long after excited the strong
est feelings, among political characters. This was the sub
ject of a stated salary for the governor. It appears that he
made it a point of importance to be settled when he first
received the royal commission. It was the principal theme of
his communications with the representatives ; and in so dointr
he only obeyed the Instructions of the king. The house
declined establishing a salary, as recommended ; and the ma
jority of the counsellors agreed with them in their non-compli
ance. A grant, however, was made him, as had been to for
mer governors, to meet the expenses of his station. The
amount was £1700, to defray the expenses of his journey
from New York, and for his support during the year.
The dispute was maintained with warmth and obstinacy,
both by the governor and the representatives ; the former was
probably Influenced by pride of opinion, rather than avarice ;

HISTORY OF MASSACHUSETTS. 103
and the latter appear to have acted from a regard to the rights
of the people. The House insisted, that by their charter, and
by virtue of their common rights as Englishmen, it rested with
them to raise money, to what amount and for what purpose
they chose ; and that they did not perceive that the welfare of
the people, or the due support of government, required them
to establish a salary for the chief magistrate. They appealed
to the several towns in the province, and received the support
of their constituents in the course they had adopted; but the
councfl, at this time, was on the side of the governor. He
removed the court to Salem, in the befief that the country
members were too much influenced by the people of Boston,
in voting on the subject ; and he complained " that their con
duct savored too much of republicanism." He suffered him
self to be greatly excited by the controversy ; and it was sup
posed that his anxiety was so extreme as to have impaired his
health. He died at Boston, in 1729, when he had been in the
chair less than two years.
This controversy afforded evidence of the unhappy effects
of supporting, with pertinacity and bitterness, the measures of
a political character, which might be as well settled by argu
ment and good temper. The governor did no more than to
obey the instructions of the king, except that he had resolved
to carry the point, in opposition to the will of the House. On
their part, it was a question of supposed right and a measure
identified with political liberty. They had been nursed in the
arms of freedom, and felt that their sacrifices and struggles had
given them a just claim to all the authority necessary to self-
government; saving always their aflegiance to the crown;
which, as they usually interpreted it, meant little more than a
bare acknowledgment.*
Governor Belcher was commissioned in 1730. He was a
native of the province, a graduate of Harvard College; and
his father was a merchant of eminence in Boston. He was
some time in England, where he had an opportunity of a per
sonal acquaintance with men high in authority at that period.
After he came into office, there was not so much of violent
party disputes as had been a short time before ; though his
political views did not differ much from those of his predecessor.
* At the completion of a century from the first settlement of Massachu
setts, its population was estimated at 120,000. The number of vessels of all
descriptions was 600 ; about half of which traded to Europe and the West
India Islands. And the other moiety was engaged in the fishery, which
was followed on the coast of Nova Scotia, and eastward ; and nearly 6000
men were employed on the ocean. These were proofs of prosperity, not
withstanding the heavy taxes growing out of the numerous wars with the
French and Indians.

104 HISTORY OF MASSACHUSETTS.
The general court might have become discouraged from keep
ing up the contest with the king and his ministers, as in several
points they had been obliged to yield; and the governor, from
motives of policy, might have chosen to avoid all harshness in
the disputes which should arise. He made an effort, however,
to persuade the representatives to provide a stated salary for
him, which his directions from the king required ; but as they
stifl declined it, he accepted a compensation by way of grants ;
and in this the court were more liberal to him than they had
been to others, except his immediate predecessor, with whom
they had an obstinate contest to the last. Governor Belcher
had the consent of the king to accept of a compensation in this
manner. But Mr. Belcher had political opponents from other consid
erations. The difficulties growing out of the paper money
system had been increasing for several years ; and though the
embarrassments which it created were great and extensive, no
relief had been provided. The bills, issued from time to time,
were to a large nominal amount, but they had greatly depre
ciated, and thus injured the public credit, and produced much
evil in the common transactions and business of society. Pro
jects were offered for a public bank, and also for individuals to
issue bills, which should be redeemed by specie when they be
came due, and the market value of land was to be the standard
by which the paper was to be estimated. Parties were thus
formed, which soon became of a political character ; for, as a
governor, or the members of the general court were for the
bank, or opposed to it, and for some other project, so were they
popular or unpopular with each class or party ofthe people.
These projects grew out of the great amount of paper in
circulation, issued on several occasions, when the taxes could
not be paid ; and were intended to introduce a specie currency,
and thus gradually to redeem the bills of the government. But
none of these plans proved successful, or afforded the remedy
desired. As there were different schemes to effect the same
object, each had its advocates, as patriotism in some and specu
lation in others, perhaps, prompted. The consequence was,
as before suggested, that parties were formed, from selfish
motives ; which added to those of older standing, and wholly
of a political character. This state of things continued through
the administrations of Shute, Burnet, Belcher, and of a part of
that of Shirley ; and served to render the office of chief magis
trate exceedingly difficult to sustain, with peace to himself, or
the approbation of the people. The paper system had been
go long maintained, and being supposed to operate to the relief

HISTORY OF MASSACHUSETTS. 105
ofthe inhabitants, as some interested individuals represented it,
that it was unpopular to oppose it, though it was constantly
becoming more inefficient for the purpose for which it was first
introduced. Parliament at length Interfered, and prohibited
the circulation of paper money in the province, probably on
representation of the governors, who thought the system should
be put down, and which the general court was not disposed or
able to do. This produced a great clamor with certain classes
of politicians, and with a great portion of the people, who be
lieved it would be oppressive to be denied the privilege of pay
ing their debts in paper, as they had long done. An objection
was also made, as to the short time the bills were to be prohib
ited circulation after the act of parliament was passed.
Though no hifls were issued after this law of the parent gov
ernment, they were still continued in circulation, as all means
proposed to call them in and redeem them failed, till several
years later, when large sums were allowed and sent into the
province, as a reimbursement, by the British government, for
the expenses of the expedition against Louisbourg, in which
Massachusetts took an important and honorable part.
Governor Belcher was accused of contending for the pre
rogative of the crown, and of attempts to magnify his office,
as the representative of the king ; but no acts of oppression
could be specified, nor did he push his authority as the royal
agent, beyond due bounds. There were times when the
leaders of the popular party applauded his conduct and sought
his power; and yet on other occasions they opposed and
censured him. When the subject of his salary or compensa
tion was debated, they readily voted £1000 sterhng; but
declined making it permanent. The councfl proposed to add,
for future years, so long as he should continue in office ; but
the house of representatives objected, though an intimation
was given by them that they should vote the same as long as
he was in the chair, since he had proved himself a zealous
friend of the province. The popular favor then, as at all
other periods, was uncertain and fluctuating. It was the mis
fortune of Governor Belcher, not to have his worth and his
services duly appreciated, tifl his public hfe had closed. On
a candid review of his public as wefl as private conduct, it
wfll be found to have been disinterested and patriotic. The
heaviest charge against bim was that he appointed several of
his political friends and supporters to office ; and In a few in
stances removed others, to provide for them. A singular act, on
the part ofthe king, took place during Mr. Belcher's adminis
tration. He ordered the removal of a Mr. Lyde, son-in-law

106 HISTORY OF MASSACHUSETTS.
of the governor, from being naval officer, and to whom no
serious objections could be made. The case was without a
parallel ; as the governor had always the privflege to nominate
for office. Mr. Belcher did not choose to risk the displeasure
of the king, by making objections in this case. Nor does it
appear what could have prompted this measure in the king ;
for the governor was ever considered faithful to the crown. His
right to remove from office, especially from judicial office,
which he claimed and exercised on first coming into the chair,
was strenuously opposed by Mr. Read, an eminent lawyer
and one of the council ; and by his influence the board refused
to consent to such appointments.
In 1739, England declared war against Spain, and a very
large fleet safled the next year, for the West Indies. A re
quisition was made on the colonies for four regiments to assist
in the expedition. Massachusetts furnished 500 men; who,
whfle in that warm latitude, were attacked by a mortal disease,
and not more than 50 hved to return. The expenses on this
occasion to the province amounted to £35,000 old tenor,
being then equal to £7000 steriing. The wages arid cloth
ing of the men were at the expense of the crown, but the
province furnished transports and provisions. The number
first required was 1000. And the General Court voted to
enlist them. But when the time arrived for their safling, the
arms promised by England, had not been received ; and,
though 1000 were raised and a bounty given them, yet only
500 embarked.
In the time of Governor Belcher, the dispute was revived
respecting the boundary line between Massachusetts and New
Hampshire. His duty was the more delicate and his conduct
the more closely criticised, as he was then chief magistrate of
both jurisdictions. The line had been run many years before,
according to the wishes of Massachusetts ; when it was de
cided that, beginning at a point three miles north of the mouth
of Merrimac River, as mentioned in the patent, the course
should be up the river to Its source, far to the north west, as the
northern bounds ; and thence eastward to the ocean. This
was always considered an arbitrary decision, and not warranted
by the patent. It was now decided, by commissioners from
the neighboring colonies, as Massachusetts declined having it
settled in England, that the line should begin as before setfled,
and run about thirty miles on the north of the river to a
point where it takes almost a direct northerly direction, and
then to cross the river and proceed westerly. By this deter
mination Massachusetts lost a large tract which it had long

HISTORY OF MASSACHUSETTS. 107
claimed, but in the opinion of impartial judges with little
justice; and Governor Belcher failed not to receive much
censure in the affair. But there was reafly no impropriety in
his conduct, relating to the decision of this question.
It was in the following year, or 1741, that the line was also
run and settled between the old colony of Plymouth, then a
part of Massachusetts, and Rhode Island. The patent to
that colony, like many other of the royal grants, interfered
both with Plymouth and Massachusetts, as it was sometimes
interpreted. In the decision at this time had, the towns of
Tiverton, Compton, Bristol, and part of Swanzey and Bar-
rington which had been previously claimed by Plymouth,
were allotted to Rhode Island. It was difficult to find any
reasons for this judgment, from an examination of the terms of
the Plymouth patent ; and it was believed that there was some
influence arising from the corisideratlon, that Rhode Island
was of small extent, whfle the territory of Massachusetts was
already very large.
Governor Belcher was recalled in 1740, in consequence of
some complaints preferred aglnst him by political enemies^;
but the charges could not be supported ; and the more bis-
conduct and measures were scanned, the more favorable was
the public opinion with regard to him. He proved himself
faithful to the king, without encroaching on the rights, or dis
regarding the interests of the province. The clergy gave him
a high character both for piety and liberality. He was a
member of a congregational church, but was catholic in his
treatment of Episcopalians.
Mr. Shirley came into office, as Governor of Massachusetts,
in 1741. He was born and educated in England; but had
resided some time in Boston, where he was engaged in the
profession of the law. In that occupation he gave evidence
of talents ; and afterwards displayed good judgment and de
cision both in political and mflitary affairs. When he was
appointed Governor, the province was oppressed with a
heavy debt, and the embarrassments produced by the paper
money policy were felt by all classes of people. He had
also the same difficulty to encounter, in supporting the preroga
tives of the crown, which had often given his predecessors
much trouble. In these circumstances, it required great
talents, firmness and moderation to avoid censure. It was his
policy, or his measures tended, to set the parties then in the
province in warm opposition to each other, and thus to pre
vent angry disputes between himself and the General Court.
If this were his purpose, he probably was sometimes justly

108 HISTORY OF MASSACHUSETTS.
chargab e with temporizing ; but be was uniform in his oppo
sition to the paper money system, which was producing both
public and private evil, and always conducted as a fahhful
servant of the king, and giving as little offence as his duty to
him would allow.
A few years after Shiriey was placed at the head of the
province, in 1744 war commenced between England and
France. The war immediately preceding this was teimin-
ated by the treaty of Utrecht in 1713 ; and however it might
have been observed in Europe, it was often violated by the
French in North America. One cause of this, perhaps, was
the controversy as to the true bounds between the French
and English settlements. The French laid claim to Acadie,
which not only comprised Nova Scotia but included the terri
tory westward as far as Penobscot and even Kennebec. And
it was the policy of the French government to check the
growing setdements of the English in New England, by in
stigating the Indians to attack them.
This declaration of war was not indeed placing the people
of Massachusetts in an entirely novel situation ; for during
the previous half century those two European powers had
frequently been engaged in hostflity with each other ; and
their colonies in North America were drawn into the contest.
But the British and provincial troops had not acted together.
Massachusetts had promptly provided for her own defence,
when attacked by the French and Indians, without wahing
for assistance or direction from England. Not only did they
bear the expense of settling and enlarging the colony, but
they paid the cost of all measures of defence against the in
vaders for many years ; and yet when requisitions were made
on the province, it furnished men and provisions in the'expedi-
tlons against Canada and Nova Scotia, at a former period
They were always ready to join the parent government against
the common enemy of both ; though they claimed the right
of free action in the case, and generally provided for the pay
ment of the men thus employed.
At the commencement of the war, in 1744, the French
discovered a determination to take possession of Nova Scotia ;
one place was soon attacked and captured ; and Port Royal,
or Annapolis, was the principal fortress which could check
them. It was then protected by troops from Massachusetts,
who had bravely defended it against repeated attacks. This
exposure led to a plan, suggested or early encouraged by
Governor Shirley, for the destruction of Louisbourg in the
Island of Cape Breton, which was then a shelter and a place
of preparation and rendezvous for the French fleet.

HISTORY OF MASSACHUSETTS. 109
This was an enterprise of no ordinary daring ; but it was
vigorojsly and successfully prosecuted, to the great glory of
the victors, and especially to Massachusetts, whose troops
bore an honorable and an essential part in the expedition. It
was fitted out from Boston towards the close of March, 1745 ;
and consisted of 3200 men from Massachusetts, 500 from
Connecticut and 300 from New Hampshire. The naval pro
vincial force consisted of ten vessels, the two largest of which
had twenty guns each. The troops were commanded by
General Pepperrell of Massachusetts,* and they arrived at
Cape Breton the last of Aprfl. The naval force was joined
by a British fleet under command of Admiral Warren, near
the place of destination. After proper and efficient prepara
tions, the strong port of Louisbourg, defended by 2000 men,
650 of whom were regular troops, was taken on the 17th of
June. The French lost 300 men ; and of the English and
provincial troops 100 were slain, and 30 died by sickness.
The results of this victory were highly important, as a prin
cipal resting place for the French fleet in that quarter was
wrested from the enemy. The plans ax\d instructions of
Governor Shirley to General Pepperell indicated correct and
comprehensive views. General Pepperell conducted with great
energy and bravery, and the troops behaved with the steady
courage of veterans. The parent government felt and ac
knowledged the great merit of the expedition, and soon after
voted to reimburse the expenses which the province had in
curred. But, unfortunately, it engendered a jealousy in Eng
land of the growing power of Massachusetts, which dictated
measures to prevent its political advancement.
This bold enterprise was planned in the winter of 1744—5,
when it was expected the French would make an attack on
Annapolis, and endeavor to gain possession of all Acadie. In
this expectation, Massachusetts had previously sent 200 men
to retain that important place ; and they bravely defehded it
against a large French force, by which it was attacked. The
governor was obstinately opposed in this project for several
months, by the house of representatives, who thought it would
not only be of great expense to the province, but must prove
unsuccessfiil, from the strong fortress which was kept at
Louisbourg. It was treated as a most desperate enterprise.
The house finally voted for the measure by only one majority,
after long discussion ; and the merchants, and those concerned
* General Waldo of Massachusetts, and General Wolcott of Connecticut
were next in command. Rhode Island and Connecticut had some vessels in
the expedition, but were late in arriving.
13

110 HISTORY OF MASSACHUSETTS,
in the fishery on the eastern coasts of Nova Scotia, had petition
ed in favor of it. The intelligence of the conquest was the
occasion of great rejoicings ; and those who had opposed,
joined in applauding both the projectors and the actors in the
wonderful achievement.* But instead of terminating the diffi
culties and dangers which beset the province, the defeat ofthe
French, on this occasion, provoked them to greater preparations
and efforts against the Engfish, especially the colonies in New
England, which they threatened to invade and conquer. They
not only resolved to regain Cape Breton and Acadie, but to
attack and annoy, as they might be able, all the English set
tlements on the Atlantic. At the same time, the British gov
ernment proposed to make an attack on Canada, and to drive
the French from that country, whence they were ever menacing
and making saflies against the New England colonies. _ It was
determined to send out a formidable naval force, with other
troops, which were to be aided by men from the provinces.
Massachusetts, as in afl similar projects, at this period, was
called upon for the largest number ; and these were seasonably
raised, through the zealous efforts of Governor Shirley, though
it was a great burdfen to the people, who had long been subject
to requisitions, both of men and money. But v^ith all these
plans and preparations, very little was accomphshed, by either
contending power. The threatened attacks of the French were
prevented, by unfavorable weather, as well as from various
opinions as to the specific enterprises to be undertaken ; and
yet the fear of a hostile visit to New England gave the people
great anxiety, and created much expense. The British admin
istration was charged by Massachusetts, with disregard of the
welfare of the colonies, and want of proper energy, on this
occasion. It fafled to fulfil its plans of attacking Canada ; and
when the French fleet sailed, it made no preparations to pursue
it. When it was found that the expected expeditions, both of
France and England, had failed, it was concluded by the north
ern provinces to make an attack on the French at Crown
Point. On this occasion, 1500 men marched from Massachu
setts as ffir as Albany; but it was late in the season, and
nothing important was effected. At the same time, on intelli
gence of a projected invasion of Acadie, by the Canadians and
Indians, the governor sent 600 men, for the protection of
Annapolis, which it was deemed very important to keep from
the common enemy, both of England and the provinces. But,
* In 1745, there were unusual complaints of the prevalence of intemper
ance ; and it was represented as a great bane to the settlements.

HISTORY OF MASSACHUSETTS. Ill
though Annapolis was preserved, the Canadians remained in
Nova Scotia ; and it was deemed necessary to send more men
to that territory. These safled in the winter, and suffered much
by severe cold and storms. One transport was wrecked, and
those who landed were in a condition of great exposure ; the
French surprised them, slew upwards of one hundred, and cap
tured the remainder of the party. The Massachusetts troops
in Nova Scotia were disbanded in September, 1747 ; and
peace soon followed between England and France ; but the
expense of these mihtary enterprises added greatly to the debts
of the province. Soon after the peace of 1748-9, Governor
Shirley was appointed a commissioner on the part of England,
to proceed to Paris, and assist in settling the boundary lines
between the French and English colonies in America. When
he received this appointment, he was in England, whither he
had repaired on business, both of a public and personal nature.
As a corhmissioner, he conducted with perfect integrity, and
much ability. He retumed to America in 1753, to resume the
office of governor of Massachusetts. Spencer Phipps was
lieutenant governor during this period.
During the year 1747, a riot occurred in Boston, on account
of the impressment of several of the citizens, all or most of
them respectable mechanics, by the commander of a British
squadron, then in the harbor. It continued with little suspen
sion for several days ; and displayed that trait of character in
the people, an indignant impatience of arbitrary power, which
was afterwards manifested in more disastrous results. The act
of impressment, though not a singular occurrence, was not justi
fied or even excused, except in cases of great emergency. No
such excuse could then be given ; and the pretext was, that
some ofthe crew had deserted. The great body ofthe people
were much excited. They seized some ofthe British officers,
who were found on shore; and when the governor interfered,
for the preservation of the peace, he was also treated with dis
respect and rudeness. So riotous were the people, that they
attacked the house of the governor, and threatened personal
violence. They were, however, persuaded to disperse ; and yet
the following night, believing himself in danger, he retired to
the castle. The more judicious and sober part of the town, as
much opposed, however, to the unjustifiable conduct of the
naval commander, as the other citizens, used their influence to
preserve the public peace ; and tranquiflity was restored. For
four or five days, it was not safe for the naval officers to appear
in the streets ; and all who advocated them, were rebuked and
threatened.

112 HISTORY OF MASSACHUSETTS.
Soon after Governor Shiriey went to England, in 1749, there
was a plan for establishing bishops in the American provinces.
The intelligence gave great alarm, particulariy to the inhabiT
tants of Massachusetts, and of the other New England colonies,
who were strongly attached to the congregational system, and
much opposed to the episcopal form of church government.
There was no proof, however, that Gevernor Shiriey originated
or urged the plan ; and his general character for honesty and
frankness forbid the supposition. He had a controversy with
the general court, as several of his predecessors had, respecting
his salary ; but he was not unfriendly to the clergy of the prov
ince. It was natural, that the descendants of the puritans and
nonconformists of 1630, and of 1663, should be averse from
episcopal domination ; and that those who were of the church
of England should be suspected of plans to extend their power.
A similar proposition had been made more than thirty years
before; and the society for propagating the gospel in _ New
England, composed of Episcopalians, by locating their mission
aries where congregational ministers resided, seem to have
judged that none but those of their communion were duly
authorized to preach the christian religion. There is abundant
proof, from the records of past times, that the dominant party
have generafly been intolerant and exclusive.
The disputes and the embarrassments, of which the paper
money system, for a long time, had been the occasion, and for
a relief from which various projects had been presented in vain,
were brought to a close, by receiving the sum granted to Mas
sachusetts, as a reimbursement of expenses in the expedition to
Cape Breton, and that projected to Canada the year after. In
1747, it was ordered by parliament to reimburse those expenses
of the province ; and in 1749, the amount appropriated was
paid, through the agent, Mr. Bollan. The claim amounted to
nearly £262,000, in bills of the new emission, but the sterling
value was £184,000, the exchange being £142,10 for £100.
Such was the relative value in 1744, when the new emission
was made; but, before the reimbursement was ordered, it was
£250, for £100, and for the old bills it was as great as £1000
for £100. The suiii aflowed by the parhament was generally
considered to be liberal, but it did not give the ability to redeem
all the paper issued by the province, and then in circulation.
To meet the balance, a tax was ordered to be raised of
£75,000, payable in paper, at the rate of exchange above
stated. Various projects had been offered before to put an end
to the mischiefs of the paper money system, but they had
failed ; because of different views, as to the best mode of effect-

HISTORY OF MASSACHUSETTS. 113
ing it ; because speculators were interested in having such a
currency ; and because the peoplp, through a strange misappre
hension, supposed the abohshment of the system would be
injurious to them.
One great cause of the opposition to the plan of stopping
the emission of paper money, and introducing specie currency,
was to be found in a jealousy of the king's prerogative.* The
parent government was desirous of checking the paper curren
cy, not from arbitrary views, but from a wise regard to the
prosperity of the province. And the governors had instruc
tions to give their negative to all bflls for their increase or con
tinuance. The representatives considered this an improper
interference with the internal affairs of the province ; finding
immediate relief from the policy, to the common people, as
was alleged, they insisted on extending and supporting the
system. This was an unfounded jealousy ; and soon after the
discontinuance of paper money, the people became satisfied
both of the justice and expediency ofthe measure.f
It is in the strong religious character of the first and early
inhabitants of Massachusetts, that one finds the chief cause of
the efforts they made to promote industry and sobriety through
the community. Sometimes, perhaps, their legislation was an
improper interference with individual rights. Such might have
been a sumptuary law, which was passed in the early days of
the colony. There could not be the same objection to a society,
formed in 1749, for the promotion of industry. J As much is
effected by example and combined effort, such an association

* It was not that the prerogative of the crown was in all cases denied.
In professions, at least, it was admitted. But the general court undertook
sometimes to limit it, or to judge of its propriety. As in the case of the
paper money, they contended it was a matter of internal policy, of the ex
pediency of which they were to decide ; and therefore objected to the
royal instructions for prohibiting its issuing and circulation. When the
act ofthe general assembly was passed, after long debate, according to the
instructions ofthe king, and the will of parliament, there was an exception
in the event of invasion, and for the current expenses of the year.
t During the paper money system, especially when attempts were made
to abolish it, and introduce a specie currency, the parties in the province
were known rather as debtors and creditors, than as whigs and tories. And
the debtors were far more numerous than the creditors, which furnishes the
reason that the bills were kept so long in circulation, and were at last given
up with so much reluctance,
i The repeated wars, for several years, had not only diminished, or re
tarded the natural increase ofthe population of the province, but served to
introduce a habit of idleness, with those who had been engaged in similar
affairs ; and this was the immediate occasion of the formation of such a,
society.

114 HISTORY OF MASSACHUSETTS.
was probably attended by beneficial resuks to the state.* The
cler<ry gave their efficient aid for this laudable purpose.-f Xtie
act pasted the same year, to prevent vexatious law suits, was
more directly the policy of the cml rulers; and yet it might
have been as useful as the encouragement of industry, ihe
principles and the institutions of the pious founders ol the
colony were revered by their children, for many generations;
and their good influence has continued, m a great measure,
through a period of two hundred years. , , „
The treaty, concluded in 1748-9, though it suspended afl
hostilities, on the part ofthe French, against the British setde
ments in America, did not wholly restrain the Indians. Written
treaties do not always control their conduct. A remembrance
of real or pretended injuries of former times, often excited a
spirit of revenge, which spent itself wherever there were objects
of its hatred. The eastern frontiers were supposed to be stifl
in danger, and nearly five hundred troops were keptin service,
until assurances should be given of a friendly disposition in the
Norridgewock and Penobscot tribes. In course of the Slim
mer of 1749, these tribes sent delegates to Boston, to propose
terms of peace ; which, in October following, were settled at
Falmouth. The St. Francois tribe was also represented at
this meeting ; for it generally acted in concert with the other
two. The treaty, made with them in 1726, by Lieutenant
Governor Dummer, was the basis of the present convention.
By the instrument, which was signed, they promised to live in
peace with the English in that quarter, reserving the lands not
sold and conveyed already, and the privflege of hunting and
fishing where they might choose. They also agreed, that trade
* In 1753, on the anniversary of the society for promoting industry, three
hundred females of Boston assembled on the common with spinning wheels.
They were neatly attired, in cloth of their own manufacture ; and a great
croud of spectators coUected to witness the scene.
t The congregational form of church government was, in effect, the estab
lished ecclesiastical system in Massachusetts. It was the only form sup
ported or tolerated for the first fifty yeais; and the towns were required to
settle and maintain ministers of that communion. Afterwards, laws were
made more favorable to Episcopalians, to Anabaptists and to Quakers. But
the first laws only provided to exempt the polls, while the estate was taxed
for the support of the congregational clergy. The civil authority favored
the congregational churches, and none others, till the parent government
required that different denominations should be tolerated and protected.
A more catholic spirit was beginning to prevail, at this period, and there
were less denunciations of opposing sects, except that the papists were con
demned as wholly antichristian. Most of the clergy were poor ; and, as
might, therefore, be expected, had little time for literary pursuits; but there
were some among them who were laborious stufients and learned theo
logians.

HISTORY OF MASSACHUSETTS. 115
should be regulated by Massachusetts, and that they would
submit to the laws of that jurisdiction.
Complaints continued to be made against Massachusetts,
both by the ministry and a portion of the merchants in England,
for disreflrding the regulations of trade, as enjoined by the
parent government. There was just cause for these com
plaints, in many instances, of evading the payment of duties.
For there was such a general impression, that these acts of parlia
ment for raising a revenue chiefly for the benefit of England, whfle
the province had a debt and current expenses of its own to meet,
were unjust, that they were evaded, when it could be done,
with impunity. To the charge of disregarding the restrictive
parts of those laws, prohibiting trade with French, Spanish, and
Portuguese ports, the general court and people of Massachu
setts replied, that it was an oppressive regulation, and operated
greatly to their injury. But the British government insisted
upon its right to legislate, in tKis respect, over the colonies ;
and it was for the benefit of England to have the whole colonial
trade centre in that kingdom. The' chief object with the British
ministry was the prosperity and wealth of old England ; the
growth of the colonies was quite a secondary consideration,
farther than they could be made to minister to the resources of
that country. This was long an occasion of dispute and diffi
culty between Great Britain and her colonies on the American
continent ; and was one of the causes which afterwards led to
the contest, which issued in their independence. It was gen
erally admitted, that parliament had the right to regulate
foreign trade, though this was not always granted, as the regu
lations operated against the prosperity of the colonies; but
when the revenue was ordered to be entirely for the benefit of
England, the right was denied, or its exercise represented as
oppressive and unjust in its effects. For this was said to be the
same as laying taxes on the people in the colonies, for the support
of the parent government, when they were not represented in
the legislative body which made the laws for levying them.
And this was a principle which they always opposed as arbi
trary, and to which they appeared resolved never to submit.
At this period, and in this state of opinion in both countries,
the ministry adopted or revived the policy of obliging the
colonies to receive all their cloths, and other products of foreign
importation, from England; and discouraged the introduction
or extension of manufactures into America. The manufacture
of iron into nails was prohibited, though there were materials
in the country. JFhere were then four such manufactories in
f .

116 HISTORY OF MASSACHUSETTS.
Massachusetts, two in Middleborough, one at Hanover, and
one at Milton.
Massachusetts usuafly employed ah agent in England, to
represent the wants and condition of the province,^nd to be
ready to answer such complaints as might be made~gainst h,
by its jealous or interested enemies. He was active in obtain
ing a reimbursement, by parhament, of the expenses of the
province in the expeditions against Louisbourg and Crown
Point; and at afl times had the reputation of an able and faith
ful agent. He was also instructed to solicit aid for supporting
the forts on the frontiers, to pray for exemption from impress
ments, and to prevail with tlie British government to direct,
that, in future wars, the colonies should bear their respective
proportions ofthe expense.
The spirit of the people of Massachusetts, at this era, and
their promptness to assume the character of soldiers, when the
province was in danger, were often displayed. When sum
moned by the king, or their more immediate rulers, to go forth
against the enemies of the country, they readily obeyed ; and
when the^hour of dapger was over, with a few exceptions, they
returned to their homes and resumed their common occupa
tions. In 1747, there was a report spread through the pro
vince, that a large French fleet had been fitted out to invade
the coasts of New England, and to make an attack on Boston.
The rumor in the interior was, that they were already on the
coasts. A large body of the mflltia, estimated at six thousand
five hundred, assembled in the capital, as soon as the report
reached them, duly equipped, with fourteen days provisions ;
and some of them marched seventy miles.
The numerous and expensive military enterprises, which
were undertaken during several years, necessarily produced
heavy taxes, though England had made aflowances for a part
of the expenses of two of these expeditions. The tax of the
province, in 1748, was £415,512, old tenor, or £41,550 sterl
ing. Of this sum, Boston paid £65,520, or £6,550 sterling.
The whole number of inhabitants was estimated at l60,000;
and Boston contained 16,000 of the whole. A calculation was
afterwards made, on the subject of the increase of population
of New England, when the opinion-Mfas given, that it doubled
in twenty or twenty-five years. But this was not the fact from
1690 to 1750, in consequence ofthe loss of fives, in the many
wars in that period of years. . ' ^
There were two collectors of the custohns, arising from im
portations and foreign tonnage, 9rie'm*^ston -and one in
Salem. For the year 174SVhe' numW of Vessels cleared at

HISTORY OF MASSACHUSETTS. 117
each of those ports, was as foflows : At Boston, 540 foreign
vessels, and of American vessels for foreign voyages, 491: at
Salem, 131 vessels were cleared for foreign voyages. Large
quantities of rum were manufactured in Massachusetts, at this
time ; according to some statements, fifteen thousand hogsheads
annually. It was partly consumed in the province, and much
exported to the southern colonies, to Nova Scotia and New
foundland, and to the coasts of Guinea.

14

CHAPTER VIII.

Gov. Shirley returns— Lt. Gov. Phipps— Indians hostile— Forts built on
Kennebec— Treaty with six nations— Proposal of a union of the Colonies
—Heavy taxes— Excise proposed— Printer imprisoned for a libel— Further
preparations for war— Expedilion to Nova Scotia and against Canada
unsuccessful— Opposers of Shirley— Expedition to Oswego, and to Crown
Point— Earthquake— New Campaign— Gov. Shirley made Commander in
Chief— Gen. Winslow— Shirley superseded by Gen. Abercrombie, and
returned to England— Campaign of 17olJ unsuccessful— Great expenses
to the province — Rogers' Rangers.
Governor Shirley returned to America, iu 1753, and re
sumed the administration of Massachusetts. For the four years
he was absent. Lieutenant Governor Phipps was commander
in chief of the province. Under his administration the treaty
was made with the eastern tribes of Indians, in October, 1749,
and an exchange of prisoners was effected soon after, when
several citizens of Massachusetts, who had been taken by the
Indians, on the western frontiers, were restored to their friends.
A call was made on Lieutenant Governor Phipps, in 1749—50,
by the British commander in Nova Scotia, for assistance against
the Indians, who were instigated by the French to invade that
territory. He was unwilling to make war on the Penobscot
tribe, as he was urged, without first attempting pacific negotia
tion. But he gave some aid, by troops from the province, to
the British officer: the public armed sloop was put under his
command, and the French governor of Canada, who encouraged
the Indian tribes in their invasion of Nova Scotia, was notified
that Massachusetts would make common cause with the British
in that quarter.
The following year, the Canadian Indians attacked several
places on the Kennebec River, near Fort Richmond, and below
at Arowsick Island, where they burnt dwelling houses and made
a few prisoners. The immediate provocation to these wrongs was
a dispute which had happened near Sheepscot River, between
the English setflers and some Indians of the Norridgewock tribe,
in which one of the latter was kifled. The general court
ordered that one hundred and fifty men be raised, as a scouting

history of MASSACHUSETTS. 119
party, for the defence of the frontier settlements. As the
Canadian Indians still manifested a hostile spirit towards the
English, and were endeavoring to engage the eastern tribes to
attack the frontier setdements in that quarter, another conven
tion was held at Georges River, in 1757, and the articles of a
treaty formed two years before, were agreed to be observed.
But on the return of Governor Shirley, who had reason to fear
new attacks from the Indians, by the Instigations of the French
in Canada, he sent commissioners again to treat with them, to
obtain new and solemn pledges of peace. He seems to have
expected that there would soon be war again between England
and France ; and would, therefore, if possible, gain the friend
ship of the Indian tribes before it commenced. Probably, in
his negotiations at Paris, he perceived indications of a purpose
of the French government, which was afterwards disclosed, of
a formidable armament against British America, with a design
to take possession of the whole country.
Soon after the return of Governor Shirley, the designs of the
French against the British possessions began to be developed,
by depredations of the Indians, both at the east and west, who
did not, at this late period, attack the English, unless urged on
by their ancient ally or master. The plans of the French
were to maintain their territory in North America, including
all which they actually possessed, and all which they claimed,
to a great part of which the English pleaded a prior title ; and
they probably had an ultimate design of obtaining possession of
the whole country ; for so important were the settlements of
the country, at this period, that the nation which should have
possession of the whole, or the greater part, would have a pre
ponderating power in Europe. The first step in the prosecu
tion of this design, was to erect forts on the western borders,
to a great extent, and several of these were on the territory
claimed by the English. Those on Lakes Champlain and St.
George, and on the river Ohio, were of this description.
This conduct on the part ofthe French could not but create
alarm to England and her colonies ; and Governor Shirley
particularly, viewed it with great concern. He immediately
took measures of precaution, though war had not been for
merly declared. In the summer of 1754, accompanied by
several gendemen, and 500 men under command of General
Winslow, he visited Falmouth, where he renewed the articles of
former treaties with the eastern Indians ; and thence proceeded
to the Kennebec and explored the river as far as the great falls,
thirty miles above Norridgewock, but discovered no Indian
forts, which it had been reported were erecting there. During

120 HISTORY OF MASSACHUSETTS.
this expedition, and with the approbation of the general
court, in order to protect the eastern frontiers ofthe province,
two forts were built on that river ; one on the present site of
Augusta, on the eastern bank ; and one eighteen miles higher,
at the junction of the main river with the Sebastlcook, opposite
the Teconnett falls.
While these measures of precaution were taken by Massa
chusetts alone, at the instance of her provident and intelligent
governor, the British ministry, with a view to the protection
of all the colonies, supposed to be in great danger from the
French in Canada, proposed a convention to be composed of
delegates from each provincial government, to secure the
friendship of the Indian tribes, called the Six Nations. They
had, in Indeed, been long in amity with the English, and had
acknowledged themselves subject to the British king. But it
was important to brighten the chain of friendship anew ;
especially, as they had been dissatisfied with the conduct of
New York. This meeting was holden in Albany, in June,
1754 ; but only six provinces had delegates attending it.
About 150 of the Six Nations were present, who professed
friendly sentiments for the English, but desired some assuran
ces might be given that no encroachments should be made on
their territory. This assurance was given, as well as that of pro
tection against the French and the tribes in alliance with them;
and large presents were distributed, as was usual on such
occasions. At this convention, it was proposed to form a union of the
colonies, from New Hampshire to South Carolina inclusive,
under one general government, for the purpose of common
defence ; each province, or colony however, to retain its con
stitution and charter, except as to general powers for the
welfare of all. The only government which had proposed
such a system before the meeting, was Massachusetts. After
the convention, when the plan was laid before the several
general assemblies, it was not approved ; nor did the British
government urge the proposition, from an apprehension
probably, that it might soon lead to independence.
The taxes at this period, as for several preceding years,
were so great as to be oppressive, especiafly to the landhold
ers, who found it difficult to raise money, and who therefore
complained that the polls and real estate were unduly rated.
The complaint was considered so reasonable, that the general
court manifested a wish to afford relief; and hence originated
a bfll for raising money by excise on spirituous hquors, which
was advocated by the members, from the inland towns, but

HISTORY OP MASSACHUSETTS. 121
opposed generally by the towns on the sea coasts excepting
Boston. The opposition of the latter to the bfll was not sup
posed to arise from interested motives, but from a regard to
personal rights and liberty, which were in some measure
violated by it. For with a design to prevent all evasions, the
bfll provided, that every private householder should make
oath, whenever required, that the liquor which he had was
purchased of a person duly licensed and that the duties had been
paid. This feature of the bifl was extremely obnoxious, since
it authorized the officer of the customs to enter any dwelling-
house where he suspected there was spirituous liquors, on
which the duties had sot been paid. Even the governor de
clined giving his sanction to the bifl, in its original form ; and
there being but a small majority in favor of it, and probably,
if all the members had been present, it would not have passed,
it was postponed, and in the meantime submitted to the people
in the several towns, for their opinion. This was a singular
course of proceeding in legislation, and many doubted the
policy of the measure. But the people were much divided
on the subject, and it became necessary for the general court
to take the responsibifity entirely on themselves. After much
discussion, it was passed with some alterations, which however
did not change the principles of the bill ; and the governor,
at last, gave it his signatui-e For this want of consistency, as
it was called, he was censured by a great portion of the
people ; and his motives were impeached, when the majority
of the representatives who were the friends of the bfll, soon
after made him a liberal grant for services, which had long
been solicited, but postponed.
On occasion of this excise act, and the conduct of certain
members of the general court, who were accused of voting
from selfish views, there was an unusual excitement of the
public mind, and the spirit of the people was manifested, as is
common in a free country, by severe reproaches and Invectives.
The language, in one of the Boston papers, was considered
libellous by the general court, and the printer was arrested.
After due examination, he was ordered into confinement, by
the house, and kept in prison several days ; when, at the en
treaties of his family, he was dismissed with a reprimand from
the speaker. The printer conceived the arrest and confinement
to be iflegal, and commenced a suit against the speaker for false
imprisonment. His cause was not sustained by the judicial
tribunal to which he appealed, the speaker was discharged,
and the printer was mulct by payment of coasts.
The winter of 1754-5 was passed in maturing plans and in

122 HISTORY OF MASSACHUSETTS.
preparations for prosecuting the war with effect the ensuing
season, and in representations to the British government ol
the need of eflicient aid from England for this object. Gov
ernor Shirley manifested his usual zeal and loyalty on this
occasion. He proposed to the general court to raise men for
an expedition in the spring, against Crown Point, on Lake
Champlain, then in the hands ofthe French froni Canada.
The plan was suggested to them in confidence, as it was im
portant, in his opinion, to take the enemy by surprise. The
assembly soon came into his views, and granted such facihties
as could be well done, till the time arrived for carrying the
enterprise into execution. The general court also readily
agreed to raise men, for the conquest or protection of Nova
Scotia, then invaded by the French. The plan was proposed
by the British government ; and it was in compliance with its
requisition, that the troops ware raised for that expedition. It
was indeed approved and forwarded by the governor ; and
he hastened to Boston, from a convention, held at the south
in April, by request of General Braddock, to forward the
embarkation of the men destined for that eastern territory.
Most ofthe troops in this expedition were from Massachusetts;
but as it was at the expense of England, they were to be
paid the same wages as regular soldiers, and yet to be a distinct
corps and under the immediate command of their own officers*.
Colonel Monckton, a British officer, was appointed the comman
der-in-chief of the expedition ; but the Massachusetts troops
were commanded hy Coloner(afterwards General) John Winslow
of Plymouth county, a brave and intelligent officer. He was. In
fact, the efficient leader in this prompt and successful enter
prise. His popularity was so great, that 2000 men, the num
ber required, were raised in a few weeks. He sailed from
Boston towards the close of the month of May ; and before
thirty days had elapsed, being joined by about 300 regular
British troops, he took the two fortified places then in posses
sion of the French, which entirely put an end to their power
In Nova Scotia. Louisbourg was then in the hands of France,
and to that place the prisoners were sent ; while the in
habitants, who professed to be neutral, but who were thought
too subservient to the French government to remain, were
transported to Massachusetts and to other British provinces.
This fortunate expedition was not the only, nor the princi
pal mflitary enterprise which engaged the attention of the
* Some difficulties arose, both before and after this period, from directing
British officers to command the provincial troops.

HISTORY UI- MASSACllUSETTIo. 123
governor and general court of Massachusetts, at this period.
At the convention in April, called by General Braddock, it
was agreed, that while that officer proceeded against the
enemy on the Ohio River, an attack should be made on Oswego,
situated on the eastern shore of Lake Ontario near Niagara, by
the two regular provincial regiments, called Shirley's and
Pepperell's regiments, under Governor Shirley ; and that the
expedition, projected in Massachusetts, and a favorite object,
both with the governor and the general court, should pro
ceed against Crown Point, on Lake Champlain. For the
last expedition, Massachusetts voted to raise 2000 troops,
being a full moiety proposed for that purpose and 300
afterwards, as recruits, if they should be wanted. It was also
voted to appropriate £600 for the use of the six Indian
tribes in the interior of New York. The people of the pro
vince, generally, entered into the project with great ardor and
promptitude ; for, after the success against the French and
Indians at the eastward, the only way for those in Canada to
make inroads on the settlements would be by Lake Champlain.
With all these formidable and expensive* preparations,
nothing decisive or important was effected ; but, on the con
trary, the campaign closed and left matter for recollection,
only of defeat, jealousies rivalries and criminations.f
General Braddock met a disastrous defeat ; himself and
most of his officers being slain : and the few who escaped,
were saved by the agency of Major Washington, that brave
and prudent man, who, under providence, afterwards saved
the whole country from tyranny and oppression. The detach
ment ordered to Oswego on Lake Ontario, though command
ed by the resolute and enterprising Shirley, could not be
brought to act whh effect ; from unfavorable weather, and a
faflure to furnish the men which had been promised. The
troops which were to make an attack on fort Frederick at
Crown Point, under command of General Johnson, met with
various obstacles, some of which were unexpected, and others
owing to a want of due caution or promptness in the com
manding officer. The forces in this enterprise were chiefly
from Massachusetts and Connecticut, and were under the im-
* In consequence of these expeditions, a loan was resorted to of £50,000 ;
of which £17,350 were for the Crown Point enterprise, and £12,500 for
forts. t De Lancy, the Lt. Governor of New York, and General (afterwards
Sir) William Johnson were opposed to Gen. Shirley, who, after the death
of Gen. Braddock, was commander-in-chief of all the British forces in
America. Instead of aiding, they thwarted his plans, and were always
seeking or devising pretexts for censuring him.

124 HISTORY OF MASSACHUSETTS.
mediate command of General Lyman. He was sent in ad
vance, and threw up a fort on the eastern side of the Hudson,
below Lake George, and about sixty miles from Albany.
General Johnson soon followed, and pushed forward to the
south end of that lake ; and it was in his plan to have hasten
ed immediately to Ticonderoga, situated between the lakes
George and Champlain ; there to fortify himself, and thence
to proceed, if advisable, to Crown Point, which it was the
chief object ofthe expedition to take and maintain, as a check
to the enemy. But he had such reports of a formidable force
at Crown Point, that he considered it imprudent to proceed
further without more troops. He therefore called for recruits
from several of the nearest colonies. Massachusetts, although
there were then more than two thousand of her citizens in the
army, voted to raise two thousand more by enlistment, or im
pressment, and offered a liberal bounty to such as should en
gage. Before these recruits were ready to march, or had
reached his quarters, General Johnson had intelligence that
the enemy from Crown Point were on their way to attack him.
He sent out a party to reconnoitre, and if possible to prevent
their approach. This party was surprised and retreated ; and
the enemy continued to advance : But halting, from some
unknown cause, at a short distance from the American camp,
General Johnson seized the fortunate moment, and making a
vigorous assault, when not expected, he routed the French
and their Indian allies. This partial defeat was followed the
ensuing night, by two hundred of the New Hampshire troops,
falling on them unexpectedly in their quarters, and causing
their entire dispersion. Colonel Wifliams, an officer in the
Massachusetts line, who commanded the troops sent out by
General Johnson to check the French, was killed in this
affair.* After the sad reverses, in other places, this brave defence
was matter of some triumph, though the great object of the
expedition was not accomplished. The enemy did not lose
the important posts in that quarter, which it had been confi
dently predicted would be wrested from them, by such a pow
erful force as was sent against them ; nor were they in any
measure discouraged from further efforts, by the very partial
check they received from General Johnson.
After the affair between General Johnson and Baron Dies-
* Colonel Williams was a native of Newton, but was then an inhabitant
of Berkshire county. He was the founder of the college in Williamstown.
His will, giving a large part of his property for the purpose, was made
while on his way in this expedition.

HISTORY OF MASSACHUSETTS. 125
kau, near the southern part of Lake George, an effort was
made, in October following, to reinforce the English army and
to proceed against Ticonderoga and Crown Point. On the ad
vice of Governor Shirley, Massachusetts, oppressed as it was
by the expenses of the season already incurred, voted to as
sist ; and sent commissioners to Albany, to meet those from
other colonies, for uniting in furthering the design. But it
was there concluded that the men Under General Johnson
should be discharged ; leaving six hundred, however, to man
the fortress erected by General Lyman, on the Hudson, and a
fort still nearer Lake George. Of this number, Massachu
setts furnished nearly two hundred. When Governor Shirley
returned from Oswego, he gave directions, that the place
should be more 'strongly fortified ; and seven hundred men
were left for that purpose.
The fifth earthquake in New England, which excited alarm
or notice, from its first settlement by the English, occurred in
November, 1755. Its power and extent were very similar to
the memorable one of 1727. It continued for the space of
four minutes, and walls and chimnies were thrown down.
The British government, instead of abandoning the object,
the conquest of Canada, for which the great military preparations
had been made, resolved to prosecute the war with vigor, and to
retrieve the disasters of the last campaign. Nor did the colonies
lack a laudable zeal of aiding in the danger. None were more for
ward and prompt than Massachusetts. At that critical period, it
had the just praise, from eminent characters In other colonies, " of
being always foremost in measures of defence."
When the death of General Braddock was known in Eng
land, Governor Shirley was appointed commander-in-chief of
his majesty's forces in North America ; and he immediately
summoned a councfl of war, to consist of the governors of the
several colonies, to meet at New York. At this meeting, it
was proposed to prepare for military expeditions the ensuing
year, against the fort Du Quesne, and against Crown Point and
Niagara; and that troops should also be sent up the river Ken
nebec, to attack the Indians in Canada. For all these enter
prises, it was recommended to raise 12,000 men.
There was less zeal manifested for an expedition against
Crown Point, both because it was believed that it would
require great expense, and because it might be better to make
an attack on Quebec, the strong hold of Canada, which would
not make much greater expense necessary, and if taken, by aid
of a British fleet, it would decide the contest. It was not
therefore without some delay and some objections, that Massa
15

126 HISTORY OF MASSACHUSETTS.
chusetts consented to engage in this and other expeditions pro
posed. Nor is it a matter of surprise, that they should have
proceeded with caution in ordering three or four thousand men
to be raised, whose wages and bounties, with other unavoidable
expenses attending the expedition, would add greatly to the
debt and the taxes of the province, already extremely burden
some to the people. And it was in the expectation, they said,
that a sum would be advanced by the governor, who had funds
in his hands belonging to the British government, for the wages
of the past year, and a bounty for those to be raised the
approaching season. £30,000 were soon after loaned to the
province by the governor.
The popularity of Governor Shirley, at this time, was not so
great as it had before been. The failure of iliost of the expe
ditions of the past year, was by some, though most unjustly,
charged on him. And it was believed that he was ready, at
the command of the British ministry, to call for men and sup
plies from Massachusetts, when she was heavily pressed by
debt incurred for the common welfare. His measures were
criticised and censured in the public papers ; and some of the
writers were incorrect in their statements, and severe in their
accusations. The governor was so displeased with these free
remarks, that he referred to them,, in a communication to the
general court. They expres|,ed their opinion ofthe good charac
ter ofthe governor, and bore witness to his zeal and activity for the
public welfare ; but wisely declined to punish the printer, or to
interfere in the case.
Early in the spring of 1756, the proper measures were
adopted for enlisting men and preparing for the expedition to
Crown Point. This was the most important object, and great
efforts were made to raise the quota of men allotted to the prov
ince of Massachusetts, which was 3,500, for the expedition to
that place, and Major General John Winslow was appointed
to command them. He had then been some time in Nova
Scotia, where he conducted with that prudence and firmness
which added much to his character as an able military chief.
But enlistments were not easily made. The people had become
tired of military life, when their pay was long delayed, and
their exposure to disease was deemed very great. In the
expeditions, for several succeeding years, far more died by
sickness, than were slain in batde. To this should be added,
that the British ships of war were in the constant practice of •
impressing fishermen ; and that a battalion from Massachusetts
was detained in Nova Scotia, although the time of their enlist
ment had expired. Fiom all these causes it resulted, that on

HISTORY OF MASSACHUSETTS. 127
the last of May there were only 2,600 enlisted ; and so late as
August, the whole number ready for the enterprise did not
exceed 3,000.
Governor Shirley, in the mean time, though in the expecta
tion of being superseded as commander-in-chief ofthe military
forces, continued to give his attention to hasten and perfect
the preparations for the intended campaign. Soon as his
cares, as chief magistrate of Massachusetts, would permit, he
proceeded to Albany, and remained in discharge of his official
duty, till the arrival of General Abercrombie, in June, who
was appointed to succeed him. Governor Shirley, soon after,
sailed for England, having been informed, that his majesty's
service required his personal presence there. He was not
summoned to answer to any specific charges of misconduct,
nor did he receive any public censure; but was soon after
appointed governor ofthe Bahama Islands, in the West Indies.
And yet it is not improbable, that the representations made by
the lieutenant governor of New York, and General Johnson,
who were envious of his superior station, had an influence in
his being superseded. The want of success in his plans of
1755, however vigflant he was, and the want of confidence
which these and other officers had in him, might also furnish
motives for his recall. He did not relax in his efforts for the
honor ofthe British arms, and the security of the colonies, to
the day of his departure ; and he carried with him the respect
and gratitude of the people of Massachusetts, for his long and
faithful services. After holding the office of governor of the
Bahamas, he returned to Massachusetts, where he resided till
his death, in 1771.
The military plans of Governor Shirley, for the year 1756,
¦ were generally approved by General Abercrombie, and by
Lord Loudon, who succeeded hira in a few months, except
that it was concluded to make the most vigorous attack on
Crown Point, rather than to maintain Oswego, and weaken
the power of the enemy at Lake Ontario ; which Shirley had
deemed of the greatest importance. His opinion was, that it
was necessary to carry the war nearer Canada, and that by
securing Oswego, enterprises might be made against the forts
Niagara and Frontenac, or, at least, the enemy \)e prevented
from passing from Quebec to Ohio, and Illinois. By having a
force at Oswego, he also believed the French would be pre
vented from sending large supplies to Crown Point. The lat
ter was not out of his plan, but a part of it was to seize that
place also.
The departure from this extensive plan, and the delay

128 HISTORY or MASSACHUSETTS.
which was occasioned by a new destination of part of the men
first intended for Oswego, was one cause of the failure of suc
cess in the expeditions proposed in 1756. The French had
early information ofthe movements and designs ofthe English
troops, by their Indian spies ; and they ordered a large force on
Lake Ontario, and captured the forts at Oswego. They
were so powerful also at Crown Point, that General Winslow
made no attack on that post. His chief object was to maintain
his position at the south margin of Lake George, and to act
on the defensive ; such were his orders from Lord Loudon.
The British forces under General Webb did not advance far
ther than Fort Edward, several leagues south of the lake, and
on the bank of Hudson river. The smafl pox attacked the
provincial troops, and proved extensively mortal. A difficulty
also arose, as to placing the men raised in the province under
the command of British officers, and the close union of them
with regular British troops. This difficulty had occurred
before ; so that the men sometimes would not enlist, but on
condition of being under the Immediate command of their own
officers. The question arose before Lord Loudon arrived ;
and again, soon after he took the command of the army. On
representation of General Winslow, by request of his officers,
the British commander consented, that the provincials should
be kept distinct, and be commanded by officers under whom
they had enlisted ; with the reservation, that they should be
subject to his orders and directions.
On the news of the fall of Oswego, a great alarm spread
through the troops at and near Lake George, and even through
New England. The enemy were represented to be numerous,
and to be aided by a great number of Indians, ready for the
work of cruelty and slaughter. On this occasion, the general
court of Massachusetts ordered a draft of 1000 men, from the
western part of the province, in addition to the numerous forces
then in the service.
The autumn having far advanced, Lord Loudon permitted
the provincial troops to be discharged, excepting one regiment
belonging to New York; and ordered the posts which they
had hel,d to be garrisoned by the British regulars.
At the beginning of the year, on application to the Brifish
ministry, with a statement of the great expenses incurred the
the year before, in mflitary preparations and services, advances
were again made to the colonies of £115,000; of which
Massachusetts received £54,000. But the expenses so far
exceeded afl calculation at the opening of the campaign, that

( t

HISTORY OF MASSACHUSETTS. 129
the general court of Massachusetts applied to Lord Loudon
for a loan. But he was not able to accommodate them.
A corps of rangers, under Major Rogers, of New Hamp
shire, rendered much service, at this period, by alarming the
enemy, and giving information of their forces and movements.
A scouting party was also sent up the Kennebec River, as
Governor Shirley had proposed, but not so large as was
intended, nor with much benefit to the province, except to
prevent the attacks of the enemy on the settlements' in that
part of the country.

CHAPTER IX

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

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

HISTORY OF MASSACHUSETTS. 131
the several regiments, to have their men in readiness to march
when called, and appointed General Pepperell to command
them. He proceeded to the interior ofthe province, and made
preparations to proceed; but intelligence was received from
General Webb, that the enemy had returned to Crown Point,
and did not appear disposed to advance upon New England.
When Fort Wifliam Henry, at Lake George, was taken,
this season, a great portion of the men were from Massachu
setts, under the immediate command of Colonel Frye; but the
British Colonel Monroe commanded the whole force in the
garrison, composed in part of regular troops. After they sur
rendered, the men were treated with great cruelty and bar
barity by fhe Indians.
This third failure in attempting to conquer Canada, was most
discouraging to the colonies and to England. There was a
defect in the plans, or want of concert and energy in the efforts
to execute them. Perhaps none were so wise as that of Gov
ernor Shirley, in the spring of 1756. In 1757, some blame
might attach to Lord Loudon, for not sending a stronger force
to Lake George ; whfle it might also be justly said of the com
mander of the expedition, (General Webb,) that he did not
discover all the resolution which It demanded. The expenses,
growing out of these great efibrts, were sensibly felt in Massa
chusetts, whence so many troops were engaged in the service:
and had not the British government provided funds to a large
amount, the province would have become bankrupt. It was
the cause of England, as wefl as of the American colonies; for
her preponderance in Europe must be sustained by her posses
sions and power on the western continent.
Governor Pownall was not a stranger in America, nor in
Massachusetts. He had been in authority under the crown, in
New Jersey ; and though a polidcal enemy of Governor Shirley,
he was esteemed as a friend to the colonies. He had talents,
and he had ambition also; and there was some reason to be-
heve that he was not wholly innocent ol the charge of having
joined a cabal to destroy the popularity of his predecessor.
Yet, when he entered on the government of Massachusetts, he
was well received, and the people were disposed to judge can
didly of his public conduct. In a dispute, which arose soon
after he took the chair, between Lord Loudon and the general
court, he acted a conciliatory part, prompted, by a desire,
probably, to be in favor with the province over which he pre
sided. Lord Loudon, early in the summer, had required that bar
racks and quarters might be provided for British troops, on

132 HISTORY OF MASSACHUSETTS.
their being ordered to be stationed in the province ; to which
the house of assembly objected, and said that the castle was
the proper place for them. In the fall of the same year, he
proposed to the general court to pass an act, authorizing the
civil magistrates to assign quarters for the king's troops, when
they mfght come into the province. The house declined
passing such an act ; again giving an opinion that the castle was
the most suitable station for them. The British commander
was highly displeased, and wrote again, both to Governor
Pownall and to the general court, on the subject; and to' the
latter rather in a tone of menace. Soon after, a British recruit
ing party, and other regular troops, arrived ; but no quarters
had been provided. The governor exerted his influence, but
in a mild rather than a dictatorial manner ; and referred, as Lord
Loudon had done, to an act of parliament, authorizing such a
measure. The house replied, that the act of pariiament was
designed for Great Britain, and not for the colonies ; and stifl
postponed a compliance with the requisidon. Lord Loudon
wrote them, " that in time of war, the law martial must be
obeyed." The house protested, that without their consent, it
would be improper to enforce an act of parliament, unless it
expressly included the colonies. After a few days of delay,
however, they passed an act, providing for the quartering of
the troops in public houses, and conforming, as far as might be
proper, considering the difference between England and the
colonies, to other parts ofthe act of parliament on the subject.
Lord Loudon abated somewhat ofthe tone of his first demand,
and the house were soliciting aid from the British ministry,
which probably had some influence in their partial submission
to his orders. A message was sent to the governor, in reply
to his conciliating speech on the subject, written by Mr. Hutch
inson, the chairman of a committee which reported it; which
was far from displaying the firmness and decision of the first
resolution of the house, which kept the real question out of
sight, and aimed chiefly to satisfy, or to quiet each party.
The attachment of the people of Massachusetts to civil lib
erty and their charter rights, was so powerful. and deep-rooted,
that they contended for them in afl their distresses, and never
could be induced to compromit them, in want or in danger.
Their condition was often such, that they needed protection
and relief; but they seldom asked for aid, lest it would show
their dependence on the parent government. They might have
yielded, in individual cases, as that of the demand of Lord Lou
don, to provide quarters for the Bridsh troops; but when
they did yield, it was always with a protest to save the prlnci-

HISTORY OF MASSACHUSETTS. 133
pie, — that their consent was necessary, as the province was not
represented in parliament. When it was proposed to instruct
their agent to ask funds in England, to keep up the forts on the
frontiers, it was apprehended that such a measure might in
crease the authority of that government over the province, and
might lead to the exercise of its power incompatible with their
charter rights. They wished not to lean on the parent state
for safety, nor could they acknowledge any controlling power
over the legislature.
It was this spirit and this principle, which induced them to
oppose the regulations of trade, attempted to be enforced by
the British administration ; especially those provisions which
authorized the raising of a revenue for the benefit of England.
Previously to this period, such acts of pariiament had been
passed, referring not only to foreign trade, which often operated
grievously on enterprising merchants ; but to establish a rigid
system in coflecting the customs, all which were to swell the
treasury of the parent government. They had always been
willing to provide for expenses for their own government and
defence, and therefore were ready to consider it oppression, to
raise money from their industry and enterprise for another part
of the empire. And greater than all others was the complaint,
that it was denying the common rights of Englishmen, to levy
and raise money from them, in any way, when they had no
voice in the amount to be raised, nor the purposes to which it
was to be applied.
The sugar act, so called, of 1733, was revived and continued
in 1756. It purported to be for the encouragement of trade,
but one of its objects was to raise a revenue, and was therefore
obnoxious. The act granted a high duty on all sugar, molas
ses, rum, and spirits, not made in the British islands; and the
penalties were also high for any violation or evasion of the
law. The trade of Massachusetts was partly to other islands
than the English; and these articles were taken in exchange
for fish, and other things sent to those islands. The laws of
trade thus amounted almost to a prohibition. For the first
half of the century, especially for the first thirty years, the
trade from Massachusetts to the islands in the West Indies, to
the Western Islands, and to the ports in the Mediterranean,
were very profitable. In 1750, the balance of trade to the
West Indies was against the province.
For many years, Massachusetts imported English manufac
tures for the supply of some other colonies, as well as for her
own consumption, which must have added to her prosperity.
New Hampshire was the first gradually to import for her
16

134 HISTORY or MASSACHUSETTS.
inhabitants. Connecticut traded chiefly with Massachusetts,
during the former part of the century. At an eariy period,
the vessels of Massachusetts also engaged in carrying freight
from the southern colonies to Europe. The trade to the West
Indies, to the Wine Islands, to Portugal and Spain, was conge
nial to the habits and living of the people. Quoting the
observation of a French writer in Canada, who said of the
inhabitants, "that they would five wefl, if they could also dress
ivell ; but, if not, that they would retrench in the table to
adorn their persons ; " Mr. Hutchinson said, " that the Eng
lish would rather abate of their dress, than give up their punch
and wine, or their tea and coffee."
Notwithstanding the repeated disasters and failures of three
former years, the campaign for 1758 opened with vigor and
hope. Mr. Pitt had been placed at the head of the British
administration, whose character for energy and patriotism was
already justly appreciated. He was not less desirous of the
glory ofthe nation, than zealous for constitutional liberty. Un
der his auspices, the plan for mflitary operations was not dissim-
flar to that of Governor Shiriey, in 1755. It was proposed to
send a large fleet, with sufficient land forces, against Louisbourg,
then in the bands ofthe French, to whom it had been restored
by the treaty of Aix-La-Chapelle, in 1748. The celebrated
General Wolfe was then a brigadier of the land forces in that
quarter. The French fort at Du Quesne was to be attacked;
and a large force was to be sent against Ticonderoga and
Crown Point, on Lake Champlain. A requisition was made
on the colonies to raise as many men, and furnish such provis
ions, as was practicable ; and an assurance was given that a
reimbursement would be made by the British government.
The general court of Massachusetts had a short time before
dechned to issue orders for raising men, as requested by Lord
Loudon ; as it was apprehended they would be sent against
Louisbourg, the capture of which was far less a matter of inter
est to the province than that of Crown Point, which would
check the incursions of the French and Indians of Canada.
But it was now resolved to raise 7000 men for an expedition
against Canada, to be officered by citizens of the province, who
might be appointed by the commander-in-chief General
Amherst had been appointed to this important station, in place
of Lord Loudon, and such was his reputation, that the colonists
had far more respect and confidence towards him, than the
other had been able to inspire. Lord Loudon had been
strangely inactive the two preceding campaigns, remaining at
Albany with a large number of regular troops, whfle General

HISTORY or MASSACHUSETTS. 135
Winslow at one time, and the British General Webb, at anoth
er, had been at and near Lake George with forces, not sufficient
for any offensive measures, and not able, indeed, to maintain the
position they had taken against the enemy.
This was a large force for Massachusetts to raise, and the
necessary expenditures were great in proportion. Bounties
were to be given, or the enlistments would not be made ; and
this must be advanced by the province. The number raised
by voluntary enlistments was 4,500; and it became necessary
to raise the other 2,500 by impressment or drafts from the
mflltia. The whole force under General Abercrombie, of reg
ular British troops and provincials which advanced against the
French forts at Lakes George and Champlain, amounted to up
wards of 17,000.
General Abercrombie passed Lake George ; and on landing
at the northern borders, some distance from Ticonderoga, which
he proposed first to attack, he sent forward a large detachment
of 7000 men. But they were obliged to make their way
through a wilderness without paths, where they were met by a
party of the enemy, whom they attacked, and slew or captured
the greater part. This affair, otherwise not very Important, be
came memorable by the death of Lord Howe, a British nobleman,
who was in the detachment, who, though young, had attained
a character of uncommon celebrity for his bravery and virtue.*
The detachment returned to the main army, which soon after
advanced to attack Ticonderoga, as had been proposed. After
sending out small parties for discovery, by which, however, he
seemed to have been misinformed, he resolved to storm the fort.
It was a place of great strength, and was wefl manned; and,
although he made a gallant assault, he found it necessary to
retire to his former station. The loss sustained by the Eng
lish on this occasion, was 1800 men, and many valuable milita
ry articles.
The enemy, however, did not discover any plan of acting
offensively, and Colonel Bradstreet, of the provincial troops,
was directed by General Abercrombie, having himself proposed
* Major (afterwards General) Israel Putnam, who, with Major John
Stark, were then brave partisan officers, and after acting with Major
Rogers in the corps of Rangers, accompanied Lord Howe at this time. He
proposed to go forward to ascertain the strength of the enemy's party
which had been discovered, and Lord Howe insisted on joining him.
Putnam objected in vain, saying that his own life was of little value, but
that his lordship's was too valuable to be thus exposed. Howe replied,
that life must be as dear to Putnam as to himself. Massachusetts voted
£850 for the erection of a monument in Westminster Abby, to the memory
of this accomplished and gallant nobleman.

136 HISTORY OF MASSACHUSETTS.
the enterprise, to march to Lake Ontario, with three thousand
provincial troops, and one hundred British regulars ; and thence
to proceed against Fort Frontenac, near the north part of the
Lake and the River St. Lawrence. The enterprise was attend
ed with complete success. He surprised and captured the
garrison, with httle opposition ; and destroyed nine vessels, and
other property, which fell into his hands ; but soon returned,
as it was reported a large party of the enemy were advancing
against him.
The expedition against Louisbourg, mean time, was prosecu
ted with vigor, as had been proposed. It vas invested by large
naval and land forces, the latter commanded by General Am
herst ; and after a few days of judicious and vigorous assault it
surrendered to the British. General Amherst arrived in Bos-"
ton, from this expedition, in September, and hearing of the
disastrous repulse at Lake George and vicinity, he hastened to
Albany, to take on himself command of the army in that
quarter, and give all possible aid for efficient action or defence;
but it was thought to be too late in the season to undertake
another expedition at that time ; it being the opinion of mflitary
nienof experience and judgment, that it would require great
caution and circumspection, as well as courage, to be successful.
The troops were also liable to fever and ague, and other sick
ness, at that season, near the lakes.
Besides the men killed by the enemy, many of the Massa
chusetts troops died by sickness ; and the expenses, incurred
by the province for the campaign, were a heavy burden to the
people. But, with all this loss of life and treasure, there was
such a desire to prevent the inroads of the French, and to drive
them from Canada, that the general court readily consented, at
the request of the British ministry, to raise 6,500 men, for
another expedition, in 1759; in the expectation, however, that
compensation would be made eventuafly by the English gov
ernment. But a part of these were to be stationed at Penob
scot, as a guard to those engaged in budding a fort on that river ;
and it was also agreed, that such as chose might enter the
British naval service. Several hundred of these men enlisted
on board the English ships ; and 2500 served at Louisbourg, to
supply the place of British troops, who were required for the
fleet ordered to Quebec.
The plan of proceedings was in a great measure conformable
to that pursued the preceding year. The conquest of Canada
being the great object, it was arranged, that a naval force should
ascend the St. Lawrence, and an army advance by Lake
Champlain. As a prehminary measure, it was agreed that the

HISTORY or MASSACHUSETTS. 137
main land forces under General Amherst, should attack Ticon
deroga and Crown Point, and a detachment fall on the fortress
at Niagara. The fleet, with General Wolfe and the troops
under his command, arrived near Quebec, in the month of
June. Much time was spent in ascertaining the proper place
and mode of attack, and in preparing for an efficient and vigor
ous assault on the city, which was well fortified, and very diffi
cult of approach. In one skirmish, which could not well, be
avoided, 500 men were killed and taken, and General Wolfe
was some weeks suffering by severe sickness. In September,
after a consultation with his officers, he concluded to make the
attack, dangerous and desperate as it appeared. To one of his
gallant bearing, there was no other alternative. The issue
was doubtful for several hours, but British coolness and bravery
united, at length decided the gallant conflict. The command
ing generals of both armies were slain in the battle. Both
were brave, and both distinguished for mflitary talents. The
English and American people have honored the memory of
Wolfe, as one ofthe first among a host of mflitary heroes. This
brilliant affair afforded just cause of joy and courage to the New
England colonies and to the whole British empire.
Meanwhfle, General Amherst was advancing on Canada, by
the way of Lake Champlain. Ticonderoga and Crown Point
were successively abandoned by the enemy, as he approached,
after destroying much of the valuable property, which could not
be easily taken with them. They made a stand at the northern
part of the lake, and Amherst proposed to pursue them. But
he had no vessels or boats for the transportation of his troops,
and it was impossible to march by land through a perfect wil
derness. Vessels were ordered to be built ; but it was so late,
when they were finished, that the attempt to reach them was
in vain. The tempestuous weather prevented the progress of
the boats, and several of them were wrecked and lost in the
enterprise; which was soon after abandoned, for that season.
One of the vessels built at this time, was a brigantlne ; which
was afterwards despatched by General Amherst, to make dis
covery of the force and condition of the enemy. She gave
them some annoyance, but it was too late to continue in that
climate. Major Rogers, with two hundred rangers, was order
ed to fall on the village of the St. Francois Indians, on the
south side of St. Lawrence, and who had made most of the
depredations on the frontier settlements of New England, for
many preceding years. He was accustomed to this sort of
warfare, and to travefling through the thick forests like the
Indians themselves. An event occurred on his way, which

138 HISTORY OF MASSACHUSETTS.
obliged him to send back fifty or sixty of his party ; but he
proceeded with the remaining one hundred and fifty, and attack
ed the vfllage, at an early hour in the morning, when they had
no notice of his approach, and destroyed the setdement, and
slew or dispersed the whole population. At the present day,
such an act of cruelty would be severely reprobated. But it
was then viewed in a different light : it vsas cafled just retalia
tion for former cruelties and butcheries' perpetrated by that
tribe and its savage allies.
The people of Massachusetts had reason to complain of the
British mflitary commanders, that the soldiers were not always
discharged when their term of enlistment expired. In 1759,
those employed at Louisbourg, and on board the fleet, were
detained long after the time for which they engaged to serve
had elapsed. This made them averse from entering into the
naval service, and insist, as they usually did, that they should
not be united with British regular troops, but be kept in sepa
rate corps, and under provincial officers. They had an antipathy
to mercenary soldiers ; and though ready to engage in military
service, for the defence of the country, they never wished to
lose the character of citizens. They wished, indeed, to retain
the distinctive character of mflltia; and they seldom enlisted,
except for the season. To this general fact, however, there
were, no doubt, a few exceptions.
The general court was so much occupied, on the dangers which
threatened from the French and Indians, at this period, that there
was less dispute and disagreement with Governor Pownall, than
there had been with several of his predecessors. And he was
not of a disposition to seek occasions for coflision or controversy.
It was his resolution, no doubt, to be a faithful servant of the
crown ; but he was not eager to push the claims of prerogative,
when the exigency did not require it. While he was in the
chair, the requisitions on the general court were made directly
by the British commanders-in-chief, orj through him, by the
ministry in England ; and with these calls, being for men and
means, as well for their own welfare as that of the parent gov
ernment, they were ready to comply, without hesitation, to the
extent of their abflity; still having a regard for the rights ofthe
people, and laying no greater burden than the occasion de
manded. The people were subject to heavy burdens, and
they bore them cheerfully, as well from a true spirit of loyalty,
as from a regard to their own safety and liberty. For six suc
cessive years, they provided men and money in the war against
the French, and received only a partial reimbursement from
the parent state, though they were promised recompense at a
future day.

HISTORY OF MASSACHUSETTS. 139
The burdens of the people were so great, and so many the
embarrassments of navigation, during this protracted period of
war, diat the debtors were very numerous, both among the
land holders and the merchants. The merchants were in the
habit of having large credits for goods in England; and the
state of the country prevented their remittances, as they had
formerly done. An Insolvent act was passed by the general
court, in 1757, for the relief of debtors; but it was necessary,
by the provisions of the charter, that the king should approve
of it, to render it complete and valid. When it was laid before
the king, he referred it to the lords of trade, for their opinion,
and they said, that, though they approved of the principle of
the bifl, and admitted the propriety of a bankrupt, or insolvent
law, they apprehended some injustice from such a law in the
province ; because, while it operated favorably to the creditors
there, those in England might suffer. The king, therefore, de
clined giving it his approbation.
Mr. Pownafl was succeeded by Mr. Bernard, in the winter
of 1659-60, and appointed Governor of South Carolina. After
Governor Pownall's departure, and before the arrival of Gov
ernor Bernard, who was removed from the administration of
New Jersey, Mr. Hutchinson, being lieutenant governor, dis
charged the duties of chief magistrate of Massachusetts. As
the governor was soon expected, he prudently declined acting
further than attending to the ordinary service of the station.
It had already been determined to make another attempt
against Montreal, and other parts of Canada, in the hands of
the French. Mr. Pett called for the same forces as were
raised the two seasons previously, and urged the importance of
the object; at the same time promising compensation, accord
ing to the efforts which might be made. In January, 1760,
the general court ordered, that five thousand men should be
raised ; and they also voted to allow a bounty to the men who
had been detained in Nova Scotia,* and at Louisbourg, after
their term of service had expired. It was difficult, however,
to raise the number ordered. Only three thousand three hun
dred of the five thousand could be enlisted ; which, even

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

140 HISTORY OF MASSACHUSETTS.
reckoning the seven hundred, in garrison at Louisbourg and
Nova Scotia, amounted only to four thousand, in the whole,
which were in service from the province in that year;* ex-
cepdng, indeed, several smafl parties to keep up the forts at
Penobscot, St. Georges, and two on Kennebec River; two at
Hoosuck, one at Colraine, and one at Claremont. Both Gov
ernor Pownall, before he left the chair, and Mr. Hutchinson,
then lieutenant governor, after his departure, urged upon the
general court the importance of complying with the requisitions
of the British minister and General Amherst, as a great effort
was to be made for the entire conquest of Canada, and it would
probably be the last year of the war. In promising to make
every exerfion which the condition of the province and the
people would permit, they expressed a wish, that the British
ministry might be informed of the expensive efforts already
made, and order some pecuniary relief. Governor Pownafl
promised to press their plea, and to bear testimony to their
loyalty. His policy in his intercourse with the general court,
was dictated by a fufl knowledge of the views and temper of
the people ; and he wisely adopted a mild spirit in afl his com-
municadons. The temper of his successor was less mild, or
less wisely controlled, and his conduct contrasted very unfavor
ably with the deportment of Governor Pownall. But the
former was the representative ofthe king, at a period when the
vexed questions of the prerogative of the crown, and ofthe pow
ers rightfully to be exercised by the provincial government under
the charter, were continually occurring : and Mr. Bernard was
never wanting in zeal for the king, or in a disposition to main
tain all the supposed powers of his office : whfle the latter
presided at a time when other important subjects occupied the
constant attention pf the government. And he found that he
could discharge his duty to the crown, without engaging in
bitter controversy with the general court. He was also econo
mical in the expenditure of public money intrusted to him for
the common defence and ordinary affairs ofthe executive ; and
he proposed plans for preventing speculators preying upon the
soldiers, for whose sufferings he ever manifested a strong sym-
pathy.f * On a call from General Amherst^ in May, it was voted to raise five
hundred more.
t Mr. Pownall was a gentleman of gaiety and show, and he spared no
thing in the expenses of his table. Yet he was a rigid economist, when
acting as the agent of the public. He had a more correct view of the na
ture ofthe colonial charters than any other governor, except Mr. Hutchin
son ; and though a foreigner by birth, he construed more favorably, or was
more friendly to the grants of power to the people by their charters, than
the latter.

HISTORY OF MASSACHUSETTS. 141
The object of the campaign, this year, was the reduction of
Montreal, which was the most important place in the hands of
the French ; for if that could be taken, all Canada would come
under the British government. A large force was to advance
on that place, by Lake Ontario and thence by the St. Law
rence; and another detachment, by Lake Champlain. Gen
eral Amherst commanded the first, consisting chiefly of British
regular troops; while the other, in which were most ofthe pro
vincials, was under Colonel Havfland. A part of the plan was
for General Murray and as many of the troops at Quebec as
could be spared, to ascend the St. Lawrence, and join the other
detachments near Montreal. But a large French force, either
intending to recapture Quebec, or prevent a junction of the
English forces near Montreal, advanced on the former, and, by
his resolute and judicious efforts, the French commander gave
full employment to the British general for several weeks, in de
fending the city. He was repulsed, however, and General Mur
ray, with a large part of the British troops, marched to Montreal.
The several detachments reached the vicinity of Montreal,
within two days of one another ; and this united force was so
formidable, that the French general, who commanded there,
soon surrendered.

17

CHAPTER X.

Dispute between the House and Council— Expenses of war and loss of lives
—Schools and Colleges— New Troops raised— Dispute with Governor-
Claims of House and of the Governor — Customs — Collector sued— Mr.
Otis— Mr. Hutchinson— Writs of Assistance— Excitement on the occa
sion—Gold Coin— Wilkes— Whig and Tory— State of the Province at
the peace of 1763— Views of Ministers— Census— Plan to tax the Province
— Controversy on Episcopacy.
The pertinacity of the house of assembly in contending for
authority, as the more immediate representatives of the people,
even against the councfl chosen by themselves, may be seen in
their insisUng on the formal consent of that board, to the report
OH the Treasurer's accounts, which they had approved, withtjut
allowing the council to examine into the correctness of the re
port. The house had been in the practice of asking and receiv
ing the official sanction ofthe board to these reports, merely on
the examination and approval of the former. The council con
sidered this improper, and required an inspection of the docu
ments, and the means of knowing whether the report was cor
rect. The house pleaded usage, as well as a right, to keep the
treasury accounts under their own control. The reply of the
councfl was, that if the house were the sole judge in the case,
and had justly the entire management of the treasury, then it
could not be necessary for the board to testify its formal appro
bation; and that if their concurrence was proper, they must
first have an opportunity of making a decision according to the
facts and the examination of the accounts. The house at last
yielded, in effect, but they so framed their vote on the subject
as to avoid the appearance of giving up the point to the coun
cfl. In this instance, the council seem to have been correct;
otherwise, they might be considered as giving their official con
sent to a decision of the other branch of the leglslatui-e, without
inquiry and without full information. Whether there were
some aspiring men in the assembly, or whether there was a
general apprehension that the councfl were likely to be unduly
influenced by the governor, with whom they were more closely
connected in the administration, the representatives were always

HISTORY OF MASSACHUSETTS. 143
more jealous of encroachments on the rights of the people, and
more ready to assert the authority of the legislature. It is a
fact, fufly proved by various occurrences, that the council gen
erally consented, or acquiesced in the proposals of the governor,
while the representatives either wholly opposed or but partially
conformed to his requests. The charge could not, indeed, be
sustained, that the members of the councfl disregarded the
rights of the people, or consented to demands prejudicial to
the just authority of the legislature ; and yet they were seldom
found in coflision with the governors, or in decided opposition
to his recommendations.
This long period of war not only brought a heavy debt on the
provmce, but served to retard its population, and to check its
prosperity.* The loss of five or six thousand men, within five
years, must have prevented the setdement of new townships,
and lessened the amount of agricultural products, which are
necessary to augment the resources of a new country. Those
who survived the war, returned to their homes with habits un
favorable to constant and laborious employment. The manners
and dress of British officers, who were not always patterns of
sobriety and economy, were often imitated ; and a great change
was observable, in comparison with the frugahty of former days.
But the interests of learning and religion were not neglected
by the legislators nor the people. The college, under the
patronage of the government, was in a prosperous state ; its
graduates were thirty or thirty-five, annually. In most of the
towns with two hundred families, and few had less, a grammar
school was maintained ; and the teacher was usually a graduate
ofthe coflege. The laws of the province enjoined this important
measure, and also required the setdement and support of learned
ministers of religion. The benefits resulting to individuals and
to the community, from these regulations, were incalculable.
They served to maintain a healthy state of society, and gave
to the population of New England a peculiar and distinctive
character. By this wise regimen, men were trained up for the
* The expenses of Massachusetts, for five years, exceeded £400,000, be
yond the sums allowed by the British government. For the year 1761,
the sum allowed as a reimbursement was, indeed, more than half, or
nearly three fourths of the expense of the province for that year, for the
military services ; but for five years preceding, the allowance was not
more than one half. A great portion of the men raised, were stationed on
the frontiers, for defence ; and large sums were also expended in bounties,
provisions and teams, for which no reimbursements were made. It was
also the judgment of the parent government, that the colonies should bear
a part of the expenses incurred for the common safety. For the year 1758,
the whole expenses, for men in the army, in the forts, and other purposes,
were £210,000 ; but a part was reimbursed by England.

144 HISTORY or MASSACHUSETTS.
mighty struggle, which was soon then to ensue. Even then
the schoolmaster was abroad in the community. The great
body of the people had intelligence to understand their rights,
as well as hardihood of character to defend them ; and many
became fitted to explain and vindicate civfl liberty, against the
plausible arguments of the corrupt and selfish advocates of arbi
trary power.
After the conquest of Canada, and the power of France was
at an end in that quarter, a large military force was maintained
in North America (1761) by the British government, as no
treaty of peace had been concluded. The British regular
troops, however, were mostly ordered on an expedition to the
French islands, and Massachusetts raised three thousand men
to take their places. Some objection was made to this requisi
tion, but after a few days debate and opposition, the measure
was adopted. A similar requisition was made in 1762, with
which there seems to have been a compliance without much
opposition. A large bounty was also voted, this year, for nine
hundred men to join the regular British forces ; who were en
listed with far less difficulty than in former years ; either be
cause the bounty offered was higher than usual, or they ex
pected little hard service, or that the people had become more
fond of a mihtary life.
The jealousy or the vlgflance of the representatives, to pre
vent all encroachments on the rights of the people and to main
tain the principles for which they contended, was displayed, at
this time, though in a case far less important than that which
soon after justly excited so deep an interest, by a formal com
plaint of the conduct of the governor and council. In the recess
ofthe coiirt, the people of Salem and Marblehead, who were
engaged in the fishery at the eastward, requested that two
armed vessels might be sent for their protection, against the
French ships in that quarter. The vessels were fitted out for
the purpose, on the advice ofthe council; and the expense did
not exceed £400. At the following session of the general
court, the governor stated the case, and recommended that
provision be made to cover that expense. The exigency of
the occasion was a reasonable justification of the conduct of the
executive. But the representatives protested against it ; pre
tending that their right of originating taxes, one of their greatest
privileges, was taken away, and that it struck at the very exist
ence of the popular branch of the legislature. They protested
against such a measure, as altogether arbitrary, and expressed
a hope that no simflar one would be again adopted. Some
clauses in the message to the governor, was unnecessarily

HISTORY OF MASSACHUSETTS. 145
severe ; and as he thought they were a reflection on the king,
he wished thern to be erased. After some debate, the house
complied with the request, and a grant was made lo meet the
expenses which had been ordered by the executive. James
Otis was then a member of the house, and the chief supporter
of the remonstrance.
Governor Bernard, in his first speech to the general court, —
and such was the doctrine afterwards advanced and asserted by
him through his whole administration, and by his successor, —
spoke of the powers and privileges of the province, as grants
and favors from the crown ; whfle the house of representatives
always spoke of their rights, contended for the full extent of
their authority recognised by the charter, and pleaded even for
greater powers, an absolute right to levy taxes, and to legislate
for themselves, since they were not represented in the British
parliament. Governor Bernard was a zealous advocate for the
royal prerogative ; befieving himself bound by the instructions
of the king and his ministers, as well as by the provisions of the
charter ; and he urged the claims of arbitrary power as far as
prudence would permit. In this course, he was supported by
the lieutenant governor, and some others, whfle the house and
most of the council appealed to the great principles of the revo
lution of 1688, as their guide, and opposed constitutional rights
to the mere wfll ofthe ministry, and other royal agents.
Govenor Bernard, and his political friends, were also in favor
of the policy for raising a revenue in the province from imposts,
in the hope, as was supposed, of receiving, from the system,
lucrative offices and large salaries. But to the people and
their immediate representatives, this system was extremely ob
noxious, as it was a great tax on trade and navigation, and gave
occasion for petty tyranny and oppression in various ways.
Spies and informers were often employed, and the officers of
the customs retained large sums as fees, so that very littie of
the amount paid found its way into the public chest.
The coflector ofthe customs had been negligent of paying over
or accounting for the sums received by him, for some time, and
the general court directed the treasurer of the province to insti
tute a suit against him. The governor, probably by request
ofthe collector, proposed that the king's attorney should be
employed to prosecute the suit ; but the house of assembly
insisted that the treasurer was the proper person to undertake
it, in behalf of the province, to whom the money received by
the collector was to be paid. The sums particularly referred
to, arose from forfeitures, one third of which, by act of parlia
ment, accrued to the province. The object of the house was.

146 HISTORY or MASSACHUSETTS.
to have the suit brought in the courts of the province ; but the
coflector was desirous of having it decided in the court of ad^
miralty, in which case he might expect more favor. The gov
ernor might have been induced to consent to the course urged
by the house, as the chief jpstice of the superior court was
known to have no prejudices against the officers of the cus
toms, nor any objections to be governed by acts of parliament.
By advice of the council, the governor yielded to their wishes ;
but rarely, on any future occasion, did he give up his own opin
ions or plans to gratify the assembly.
The case was decided against the collector, in the lower
court, though he offered a plea in abatement, as to the jurisdicr
tion of the court. On an appeal before the superior court,
the lieutenant governor being chiefjustice,the plea was admitted,
and the judgment of the lower court was set aside. It ap
peared that the collector's accounts had been settled, accord
ing to the forms of law, at least, in the admiralty court, which,
according to act of parliament, had the jurisdiction of the case;
and the judges decided that they had no control over that
court. This decision served to increase party feeling, and to mark
more distinctly the difference of political opinion between the
supporters of the crown and its agents, and the friends of
colonial authorities and rights. Mr Otis was counsel for the
treasurer, with whom the merchants of Boston united in this
case, as they had petitioned the court to institute such a suit ;
and Mr. Hutchinson, was not only one of the superior court,
which decided against the treasurer, but, as a member of the 'i
councfl, had opposed the measure when pending in the gen
eral court. The latter lost, whfle the former received, the
approbation of the people, by these proceedings. The chief
justice, in his charge to the jury, cautioned them "against
deciding according to the popular feelings." And in this in
deed, he might have acted most uprightly ; but there were
those who more than intimated, that he was seeking for favor
from the British ministry, who had afl the best offices in their
gift. Nor was he or the governor backward in charging im
proper motives on the opposition. It was their interest to do
so : and their representations to the ministry in England were,
that the complaints and discontents in Massachusetts spring
from the disappointment of Mr. Otis and afew others. About
this period, Mr. Hutchinson made this memorable declaration :,
f that the opposition to the authority of pariiament began in
Boston ; and was moved and conducted by James Otis, both
in that town and in the general assembly !"

HISTORY OF MASSACHUSETTS. 147
The excitement produced by this dispute and the decision
in relation to it was soon followed by a stronger expression of
the popular feeling, growing out ofthe attempts of the custom
house officers to exercise authority most arbitrary and oppress
ive. They applied for writs of assistance, to enable them to
search for goods, at any time and in any store or dwelling-
house, they might choose. They suspected, they said, that
goods, on which the duties had not been paid, were sometimes
secreted in dwelling-houses and other private places, and they
wanted legal authority to enter any buildings, ad libitum : the
attorney for the crown pleaded the practice of the English
court of exchequer to prove the legality of such writs ; and
stated also that the superior court in the province had the
same authority, as to the law for collecting the customs on
trade. The objections made by Mr. Otis, the attorney for the
merchants of Boston, who opposed the granting of such pow
ers, as their dwefling-houses would be liable to search at all
times and by any petty officer or agent of the collector, were
that all general warrants were considered improper and op
pressive by the courts in England, and that a process to break
or to enter a house or store, must designate a particular build
ing, and be issued only on the oath of the complainant ; that
they were justly odious tothe people even in England, as they
led to great oppression on the subjects, and legalized acts of
tyranny and injustice in the officers ; and that although the
Court of exchequer in that country had great authority in this
respect, it would also punish the abuse of authority in the offi
cers, (who were in fact the officers of the court) ; and it was
therefore, at their peril they made searches without good cause :
But that here the court had no authority to punish the col
lector or his agents, for the most wanton and oppressive acts
in the business of their office, as they were amenable only to
the court of admiralty : That if the writs prayed for were
granted, the collector, and any person he might choose to em
ploy for the purpose, (for such was the extent of his authority
under such process,) might enter any building, without partic
ularizing it, and at any time, merely on suspicion ; and thus
there would be no restraint on the passions, party feelings or
personal enmities of the coflector and his political friends, from
acts the most odious and most oppressive. Another objection
was that such writs were not made returnable, and the court
here therefore would have no control over them or the mal
practice of those who executed them, after they were issiied ;
and thus a door would be open, he said, to all kinds of oppress
ion and tyranny, without limits and without remedy. He in-

148 HISTORY OF MASSACHUSETTS.
sisted that such a measure was pregnant with infinite mischief,
and cleariy contrary to the spirit of the British constitution. ' I
have fully considered the subject," he added, " and I solemnly
declare that I wfll to my #ing day oppose, with afl the pow
ers God has given me, all such instruments of slavery on the
one hand, and villany on the other, as this wnf of assistance
is." *
The superior court, to which application was made for
such writs, gave their opinion for issuing them ; f and Mr. Otis,
for his patriotism and zeal, on the occasion, was charged by the
governor, the chief justice, and their political friends, as bemg
actuated by a spirit of selfishness, and revenge ; but with the
opposers of arbitrary power, and the great body ofthe people,
he found favoi and admiration.
Such was the influence and importance of this transaction,
thatithas been sometimes considered the first decided measure,
which led to and hastened on the revolution, which took place
thirteen years after. It certainly served to show the arbitrary
views or the subserviency of some of the individuals high in
power in the province, who held their offices under the crown,
and the disposition of those who executed the laws of trade
and the customs, to the most odious and oppressive acts;
whfle it afforded an occasion for the display of the principles
and feelings in support of civil liberty, by which the people were
then animated. The same feelings and principles had, in
deed, long warmed and guided the people of Massachusetts ;
and it was only necessary to call them forth, that arbitrary
measures should be adopted or attempted to be enforced, which
were inconsistent with their rights, and with the measure of
self-government, which they had long enjoyed.
There was so much dissatisfaction manifested, and such ex
pressions of complaint and reprobation uttered by the people,
touching the opinions of the court and the authority of cus
tom-house officers thus sanctioned, that, at the next meeting
* " I do not recollect that the town of Boston ever chose a lawyer to repre
sent it, under the second charter, till the year 1738, when Mr. Reed was
chosen, but left out the next year, and Mr. Pratt in 1758 and 1759. These
were men of the first character in their profession. Lawyers have since
taken the lead and been much employed in public measures." Hutch. Vol.
ill. — But Oxenbridge Thacher was a member from Boston, as well as James
Otis, as early as 1764.
f Some of the justices had objections to granting writs of assistance, and
judgment was postponed. The chief justice was desired to write to Eng
land for information, as to the practice there, in similar cases. He learnt
that the court of exchequer did issue writs of a general nature, touching
the customs ; and this was afterwards deemed a sufficient authority for grant
ing them in the province.

HISTORY OF MASSACHUSETTS. 149
of the general court, the governor saw fit to admonish them
" to disregard afl attempts to disturb the public mind," (as he
chose to represent the indignant declarations of the friends of
liberty;) "as there was no just cause for a jealousy of tyranny
under the reigning monarch, as there had been in the time of
the Stuart dynasty." The representatives and council united
in an answer to the speech, and said, that they knew no rea
son for his apprehension or admonition, at that time ; that they
were not sensible of any party feelings or unjust jealousies, and
that, if the people should manifest them, they would endeavor
to suppress them ; that they had no suspicion their civfl rights
were in danger under his administration ; but still that it was
their duty to see for themselves, in guarding the interests and
liberties of their constituents.
On a bill for making gold a tender, at its current value in
the province, which was brought into the house of represen
tatives and passed, a dispute was engendered, which was fol
lowed by a warm discussion, and produced or confirmed party
feelings of long continuance and of Important results. Gold as
well as silver had been the current coin for several years, from
the introduction of specie for paper in 1753-4 ; but silver only
had been a lawful tender in the payment of debts. Silver, in
England, had Increased in value, or in price, at nearly the rate
of four pence on the dollar ; on this account, more silver had
been sent out of the province than gold, and the former had
become comparatively scarce. For the benefit of the people,
it was proposed to make gold a legal tender ; for while it was
not so, the debtor would be obliged to obtain sflver, at a con
siderable loss, to satisfy bis creditor. By the influence chiefly
of Mr. Hutchinson, the lieutenant governor, the council refused
to concur with the house, and the bill failed. Their objection
was, that it was sufficient to have one made a tender ; that the
other might be left to take its chance ; and that it might be as
profitable to export gold as silver 1 Such was the language of
the great opposer of the bill ; but the people were not satisfied,
and the rnost considered the objection altogether frivolous. —
If Mr Otis, on this occasion, secured the attachment of the peo
ple, the lieutenant governor forfeited it in an equal degree. The
bill was calculated for the relief of those who had large debts
to discharge, and only lessened somewhat of the profits of the
capitalist. The effect produced on political parties, then form
ing, or becoming more dlstinctiy marked, served to show that
the minds of the people were prepared to contend, not only for
their civil privfleges, but for their own interests, if in any
18

150 HISTORY OF MASSACHUSETTS.
respects different from the officers and dependants of the king.
The friends of the people seized on this conduct of Mr Hutch
inson, to represeat him as one indifferent to the welfare of the
poor, so he did not himself suffer.
The controversy, which arose in England, between Wilkes
and the administration, (1763J excited a lively interest in
Massachusetts, and tended to keep ahve the feelings already
awakened in favor of liberty. It was believed, by the whigs
of that period, that Mr Wilkes, who was a member of pariia
ment, was persecuted on account of his political principles,
which were highly in favor of liberty. He was arrested by a
warrant from the speaker of the house of commons, for an al
leged libel on the house, and confined in the tower. But, on
application to a judicial tribunal, was ordered to be discharged.
His imprisonment was deemed altogether arbitrary and unjust,
by the whigs both in England and America ; and the occasion
was seized to declaim against the tyranny of the administration,
and the jealousy of the people was thereby aroused towards
the friends of the British ministry in both countries. One of
the principal advocates in Massachusetts, for the measures of
administration, observed, " that men took sides in New England
on mere abstract points in government, when there was nothing
in practice which could give grounds for forming parties :' as
if principles were unimportant, and it was sufficient to object to
real acts of Oppression, or the execution of a despotic system.
The motto ofthe patriots of Massachusetts was, " ohsta princi-
piis." The spirit of those who supported the measures of ad
ministration may be detected in the justification offered by the
individual already quoted, when the officers of the crown, es
pecially those of the customs, were charged with promoting
measures restrictive of the rights and liberties of the people,
" that they had the law on their side. " *
At this period, the terms, tory and whig were introduced in
the colonies, as descriptive of the two great political parties,
then forming, and soon after more distinctively known and de
signated. The appellation became very general, as the dis
pute became more warm and frequent, between those who sup
ported the measures of administration, however arbitrary, and
those who opposed them and professed to be friends of liberty,
however vehement in their opposition, or extravagant in their
opinions. The latter epithet was a passport to popular favor,
* Mr. Hutchinson, who was the lieutenant governor, chief justice of the
•uperior court, judge of probate, &c. &c. &c.

HISTORY OF MASSACHUSETTS. 151
without regard to other qualities ; and the former rendered one
unpopular, though amiable and virtuous in private life. The
distinction, certainly, was real and great between these respec
tive classes of politicians ; the one held to principles dangerous
to republican freedom, and the other to such as were favorable
to the hberties ofthe people ; and yet party prejudices, as has
always been the case, served to represent one class, as pos
sessing none but selfish and malignant feelings, and the other as
governed, in afl cases, by generous aud disinterested motives.
Mr. Hutchinson was of exemplary manners in domestic hfe,
and deemed moral and correct in his intercourse with his fel
low men. But he was considered ambitious and very covetous
of honor and office. And with this ruling passion, he was in
duced to advocate the claims of the crown and the conduct of
the British ministry, however oppressive to the people, or con
flicting with the rights granted by the charter. The political
principles of Mr Hutchinson, which led hirn to contend rather
for the authority of the government, than for the rights and
liberties of the people, and the decisions he had given, as chief
justice, which were in favor of the officers of the crown, who
were deemed very arbitrary and oppressive in their conduct,
served to deprive him of the popular favor, and an influence
was exerted in the general court to lessen both his salary and
his power. It was proposed to exclude the lieutenant gov
ernor from the council-board, and to prohibit any justice ofthe
superior court from being a member of either branch of the
legislature. It was also contended, that he was to act only in
case of a vacancy in the chair, and that being an officer ap
pointed by the king, he ought not to be of the board of coun
sellors, who were elected by the representatives. But prece
dent was in favor of the heutenant governor having a seat at
the board. For the year 1762, no extra aflowance was made
the chief justice, as had been done for many previous years.
On the return of peace, the Brhish ministry became particu
larly attentive to the state of the American provinces, and
manifested a desire to learn their resources and population.
Whether it was intended to alter their charters and maintain
a different form of government, or whether it was apprehende<J
that the people were aiming at independence, and that it would
be necessary to have a mflitary force to prevent it, did not
appear. It was more probable that a plan was proposed to
raise a revenue in the colonies, which were represented to be
fully able to yield it, towards the support of the parent govern
ment, and the payment of its immense debt ; and that from the

152 HISTORY OF MASSACHUSETTS.
known opposition to such a measure, it would be necessary to
have a mflitary power to enforce it. This was justly deemed
a difficult measure ; for it was well known in England, that the
colonies contended for the sole right of laying taxes and raising
a revenue ; and that they had long insisted, that they needed
all which the people could well pay, for their own debts, and
the ordinary expenses of their several governments.
As a part of this system, probably, (it was so considered in
Massachusetts, however,) an order was sent to Governor Ber
nard, to have an exact census taken in the province. A law of
the general court was necessary to carry such an order into
effect, requiring the several towns to make returns of the number'
of their inhabitants. Great opposition was made to the passage
of such a law. Some feared ulterior views had dictated the
plan, unfavorable to the authority and interests of the province ;
and some were weak enough to object to it, as indicating a
distrust in providence. The subject was postponed for several
sessions of the general court, but at last a vote was obtained in
favor ofthe measure by a small majority.
The policy of the British ministry for taxing the people in
the colonies, for the support of the parent government, began
to be manifested at this time, (1763) with less disguise than for
merly. Still, it was a question, how it could be effected with the
least offence to the American people. It was soon perceived, that
it could be accomplished only by way of duties on trade ; for,
to direct and internal taxes the people would never submit.
Even the first mode would be attended with difficulty in the
collection. There would be frequent infractions or evasions of
the law ; and nothing but a military force would ensure success
to the system.* The ministry in England were ready enough
to adopt the plan ; but there was reason to believe that individ
uals in Massachusetts and the other provinces favored it, in the
hope of obtaining office in the custom-houses, or large salaries
from the revenue in other public stations.
During the year 1763, so full of interest relating to subjects
of a merely political nature, a controversy arose of a religious
character, which called into exercise the talents of a distin
guished clergyman of Massachusetts, and which serves to iflus-
trate the views and feelings of the people of that period. The
society in England for propagating the gospel in foreign parts,
which was composed of episcopalians, had neariy thirty mis-
' It was, in fact, proposed to keep up an army of 10,000 men in the col-
nriies, at this period.

HISTORY OF MASSACHUSETTS. 153
sionarles located in different parts of New England ; and most,
if not all of them, were in towns where the gospel was faith
fully preached by the congregational or other dissenting minis
ters of good education. This was a gross misapplication of
their funds, unless they took the exclusive ground, that the
people in New England, who had not episcopal teachers, were
without preachers of the gospel. Many feared, that it was
intended to introduce episcopacy into the colonies, as had been
more than once proposed before, and that it might be made the
established religion, as in England. Several of these missionaries
were placed in the vicinity of Boston, and one at Cambridge,
where the people enjoyed the preaching of the gospel in afl its
fulness and truth. Such an injudicious and narrow spirit called
for reprehension. Rev. Dr. Mayhew undertook to show the
perversion of the designs, and the misapplication ofthe funds
of the society, if its real object was to spread the knowledge of
the gospel. His writings on the subject, were equally powerful
and severe ; and having the popular sentiment in their favor,
extended and increased his literary fame. The ability dis
played by Dr. Mayhew could not be resisted, and the society
soon changed the direction of their efforts ; but the fears of the
people in New England were not removed, as to the designs of
the English hierarchy. Such also was the connexion between
the estabhshed church in England and the monarchy, that this
movement, on the part of episcopacy, led to the apprehension
that the parent government meditated designs incompatible
with civfl liberty.
During the years 1762 and 1763, there were no measures
proposed, except those relating to the currency and the custom
house, already noticed, which brought into discussion the ques
tion of the supremacy of parliament and ofthe authority of the
provincial legislature. Several subjects, indeed, were brought
forward, bearing, in some degree, upon this Important ques
tion ; and the house never fafled to assert their right to be
consulted in raising or appropriating money, in all measures at
all affecting the legislative authority which they had long
claimed. The governor called for several hundred men to man
the forts in the eastern parts of the province, and In Nova
Scotia, and also to march to the lakes and westward ; but, in
some cases, they declined raising any ofthe men he required ;
and in others, ordered only a small portion which were called for.
And when he advised that the forts on the frontiers should be
repaired, they rephed that the state of the public treasury vvas
such, they had not the means to do it. When the governor

154 HISTORY OF MASSACHUSETTS.
referred to express instructions from the ministry for the requi
sitions he made, they replied, that they must judge of the ne
cessity of the case, and the abflity of the people. They gave
repeated directions to their agent in England, to attend to the
rights of the province, in the bills before pariiament, which
related to the colonies, especially as to regulations of trade, and
the duties imposed, for raising a revenue in the colonies for the
benefit of the parent government, when the province was
greatly in debt, and needed all its resources to support its credit,
and to discharge the Current expenses ; and above afl, as to
the plan then suggested of keeping up an army in the colonies,
when the war in America had ceased. In some cases, the
house instructed the agent, without consulting the councfl, or
asking thern to join, as they were jealous of the leading mem
bers of that board, and feared they would not speak to the agent
with sufficient decision and explicitness.
There was some just cause, at this period, to fear, that the
British ministry cherished designs of governing the colonies,
and of raising a revenue, without asking the consent of the
assemblies ; and of exercising all the great attributes of author
ity, which would be placing the province altogether in a de
pendent and very degraded state. Indications of this kind
appeared in several plans suggested by the ministry, and the
agent of the province expressed his fears, that this was in con
templation. The intefligent men in Massachusetts were
alarmed at these appearances, especiafly when the doctrine of
the king's prerogative and of the supremacy of parliament found
many advocates in the province. In a wish to guard their
rights, they sometimes gave way to unreasonable jealousies;
and sometimes asserted and claimed more power than the char
ter granted them. They perceived, however, as they believed,
that the subjects in England had greater privfleges, in some
material points, than they had ; particularly, as the people
there were represented in the house of commons, where all
taxes and duties were ordered, and afl grants of money were
made. The only security for the rights of the colonists, they
said, was in the house of assembly having similar authority in
the province ; and every deviation from this principle, in any
form, was opposed, as inconsistent with the rights of English
men, and as an exercise of arbitrary power.
In 1763, a committee was chosen to prepare a statement of
the population, trade, and resources of the province. The
statement which was made soon after, gave 245,000 inhabitants,
5000 of which were people of color. The manufactories were

HISTORY OF MASSACHUSETTS. 155
few. The cod fishery gave employment to 300 vessels; 100
in the mackerel fishery ; and about 180 in the whale business,
most of which then visited the northern latitudes. In these
several pursuits, 6000 men found employment. A large num
ber were also engaged in foreign voyages, for transporting fish
and lumber, and bringing, in return, the products of the Western
Islands, and wine and spirit from Spain and Portugal, and the
manufactures of England.

CHAPTER XI.

British propose to raise a revenue in the Colonies — Sugar act — Opposed —
Kesolves as to right of Taxing — Otis' Pamphlet — Its doctrines— Views
of British Ministry — Petition to Parliament — Difference on its tenor-
Letter to Agent — Answer to Governor's speech — Opinions of Trade —
Representatives in Parliament from Colonies proposed — Stamp Act —
Convention at New York — Riots and Mobs at Stamp Office, and else
where — Opinions on public rights and duties of Governor and Represent
atives — Stamps sent into Province — Distributor of them resigns — House
declines to interfere.
In the winter of 1764, the British ministry brought forward.
in parliament a plan for raising a revenue in the American col
onies. A high duty was laid on molasses, a principal article
of trade with the West Indies, and which was manufactured in
large quantities into sugar and rum, in Massachusetts. A bifl
laying duties on writs, deeds, and other public papers, was
introduced, but postponed. The act for a duty on molasses
was passed, and the duty fixed at threepence on a gallon.
There had long been a simflar act of parliament ; but the duty
was so high (being sixpence^ that it would have operated as a
prohibition, had it been rigidly exacted. But this dispropor
tionate and extravagant duty served only the purpose of evasion
and smuggling. The article was Imported, but the law was not
enforced ; so that when a duty of threepence was imposed by
the act of 1764, and a provision made for a rigid enforcement,
the people complained of the measure as very oppressive. It
was also matter of complaint, that the province had no notice
of the bifl till it had passed into a law, and therefore no oppor
tunity to state their objections to It. The bill for stamp duties
was postponed merely on condition, that the colonies might
have the privilege of taxing themselves for the benefit of the
parent state ; the alternative being to lay such tax in their own
way, or submit to such tax as pariiament might direct.
These measures of the British administration produced a
great sensation in Massachusetts: and awakened the zeal of
the patriots to prevent the operation of the proposed system.
Fresh instructions were given to the agent in England, to

HISTORY OF MASSACHUSETTS. 157
remonstrate against the law which had been passed, and to pre
vail on ministers to withdraw the one which had been of
fered and postponed. They prayed the governor to inter
cede for them \vith the king ; they addressed protests and peti
tions to the ministry ; made statements of their past services
and expenses in defence of the British territories, and of the
great debt ofthe province ;* and passed resolutions, expressive
of their views of the polilleal powers of the province, and of
the exclusive right of the general assembly to lay taxes of
every kind on the people, as well as to direct to what purposes
they should be applied.
In these patriotic measures to resist the encroachments of
arbitrary power, the citizens of Boston seem to have been the
first. They instructed their representativesf in May, 1764, " to
use their utmost influence to maintain the rights and privileges
of the province, as well those which we derive from the charter
as those which, being prior to and independent of it, we hold
as free born subjects of Great Britain ; to preserve the indepen
dence of the house of representatives, which is necessary for a
free people ; to use their influence for a law to render the judges
and all officers of the crown ineligible to seats in the house or
councfl ; to prevent, if possible, new and heavy duties on
trade ; for if one trade may be taxed (say they) why not our
land, without consent ofthe representatives; as afl taxes ought
to be laid by them ; especially to insist on this, as otherwise
we shafl be no better than slaves." At the same time, how
ever, they expressly acknowledged a subordination to the gov
ernment, of Great Britain.
These doctrines and principles were approved by the house
of assembly in June, 1764 ; and its approbation was also given,
at the same time, to a pamphlet, then just published, written
by James Otis; In which those doctrines were asserted and
advocated with equal zeal and abflity. These opinions and
principles, the house adopted as their own, by ordering copies
to be sent to their agent in England, and Instructing him to
consider them as his guide. This was the act of the house of
representatives, without consulting the council, which had gen
erally joined with them In similar measures. In the letter to
the agent they said, " we consider this act, not merely to reg
ulate trade, but to raise a revenue, and learn that other mea-
• The public tax for 1764, chiefly for paying off the debt incurred from
1755 to 1762, (which was nearly £1,000,000,) was £138,000.
t The Boston i-(^resentatives, for 1764, were James Otis, Oxenbridge
Thacher, Thomas Cushing, and Thomas Gray. Richard Dana a.nd.
Samuel Mams were two of the committee which prepared the instructions.
19

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

HISTORY OF MASSACHUSETTS. 159
support of its government ; and unjust for the reason before
given, that it was a tax, in laying which their representatives
had no voice. Much was urged in the pamphlet, by way of
fliustratlon ofthe injustice ofthe proposed system of taxation ;
and the opinions of Locke were quoted to fortify the arguments
of the writer. The supremacy of parliament seems to be
admitted ; but a distinction was set up, in favor ofthe power ofthe
subordinate legislature in the province, to tax the people in all •
cases, and for the purposes of internal police ; consenting, how
ever, that great national concerns should be under the exclusive
direction of the parent state.
The plan of the Bi-itish ministry, at this time, which was
distinctly avowed to be, to raise a revenue from the colonies,
for the payment of the national debt of England, was Indeed
opposed from principle, as it was deemed contrary to the rights
of Englishmen, and to th^great principles ofthe British consti
tution, as recognised in 1088 ; but the opposition probably was
the more decided and explicit, as the money to be raised in
America by the laws of parliament, where no representatives
of the Interests and feelings of the colonists could be heard, was
to be applied solely to reduce the debt of England, or to sup
port officers of the crown ; and such laws were also to be
enforced by regular British troops. To such a system, no won
der that the people of Massachusetts, long accustomed to liberty
and self-government, were most resolutely opposed. They saw
a foreign legislature claiming the right to tax them, and an armed
force to execute the odious law which seized on their property,
without their consent — and this t-ax was to be applied to sup
port the agents of tyranny ; mercenary soldiers, and petty offi
cers, appointed to collect the taxes!
There was an attempt, also, by Mr. Otis, in his pamphlet,
and the committee who prepared the letter to the agent of the
province in England, to convince the ministry and parliament of
the inexpediency and impolicy of the proposed system. The
sufferings and hardships, the dangers and expenses of the first
settlers of the province, their exertions for their own defence
for more than a hundred years, without aid from England, the
efforts made for ten years then last past, for the honor and wel
fare of the British empire, and the check to the wealth and
prosperity of the colonies, by the plan intended — were afl stated,
in the hope that the ministry would abandon their purpose, for
the sake of the growth of the province, and from feelings of
justice, even if they had the right to enforce it.
At this session, in June, 1764, the house of representatives
chose a committee to write to the other colonies, informing them

160 HISTORY OF MASSACHUSETTS.
what measures they had adopted, and what statements they
had made to the agent in England ; and soliciting their concur
rence In the great object, which all must have in view, by giv-
bg simflar directions to their agents, to be presented to pariia
ment or the ministry.
The governor was too politic to interfere with these proceed
ings, any further than to prorogue the general court to a distant
day ; and he did not call them together till some of his political
friends advised him to do it. But he and the lieutenant governor
wrote to the ministry in England, that the opposition to their
plan of raising a revenue was owing to a few disappointed indi
viduals ; and yet at the same time presented a different view ofthe
state of the popular feehng, by expressing a belief that the
mihtary might be necessary to carry the system into fifll effect;
but whether a land or naval force, they did not at that time
decide. The lieutenant governor also, soon alter-, and before
the next session of the general court, wrote to his political
friends, that the plan was impolitic, and would probably serve
to Injure the trade of the province, even that branch of it,
which led to commercial intercourse with England.
The general court was prorogued by the governor to July,
and postponed, by several proclamations, to the month of Octo
ber. It was the general belief, that this measure was designed
to give opportunity for more deliberate councils, and more
moderate feelings, than were manifested by the proceedings in
June. The friends of the ministry were unwflling to admit,
that the opinions and doctrines of Mr. Otis, and of some others
in the house, were agreeable to the citizens of the province,
generally. They deemed those doctrines httle short of treason,
and highly dangerous to the peace of the colonies ; and they
hoped that the event would prove they were true prophets. It
was not to be supposed, as they had said, that the province
would set itself in array against the royal will, as made known
by the ministers, or the authority of parliament, to make laws
binding them even in all cases whatever. The wisdom of
British rulers, they concluded, would be considered infallible,
and their power irresistible. But the people were not prepared
to acknowledge such doctrines, nor to admit such a conclusion.
The principles of their fathers would lead them to subscribe to
no such political creed. The conduct of the crown officers,
especially those in the customs, aud the disposition of the gov
ernor and the' chief justice to support them in their proceedings,
served to awaken the fears of the people, and to direct their
inquiries to the tendency of measures adopted by the British
ministry. The long period of the adjournment ofthe legisla-

HISTORY OF MASSACHUSETTS. 161
ture was not lost. The people had time to 'form their opin
ions ; and the representatives, to learn the views of their con
stituents. Some ofthe leading members ofthe general court, who op
posed the policy of the British administration, were charged
with being influenced by selfish and personal consideratons.
But there could not have been any just foundation for the
charge. For the expression ofthe opinion ofthe people gave
evidence, that tire patriots were not contending for speculative
tenets, nor declaiming against imaginary evils. And where
success was almost hopeless, it could not justly be concluded,
that their professions were insincere, or their efforts the fruit of
mere ambition.
When the general court met, in October, the governor
avoided touching on the measures of the ministry, or of the
proceedings of the house at the former session. He merely
advised to moderation, and to harmony between the two
branches. The representatives, however, were prepared to
follow up their opposition to the policy of the British adminis
tration, and resolved to omit no efforts to preserve the liberties
they had before enjoyed, and to which they contended they
were entided by their charter and by virtue of their birthright.
They had found the tone of public feeling to be such, as to
incite to perseverance rather than to retract aught of former
declarations and claims. A large committee was chosen, to
prepare a memorial to the king, before whom they wished
directly to lay their grievances and fears, in the hope that his
royal favor might be exercised in their behalf. In this paper,
they spoke decidedly, though most respectfully, of their rights,
and at the same time declared their loyalty to his person and
crown. Another consideration, probably, led to this course, as
they had always acknowledged allegiance to the crown ; but
were reluctant to apply to parliament, whose right to make
laws for them, they were not wflllng so fully to admit. But
they wished for the voice of the council, also, in the measure,
and, therefore, sent the petition to that body for its concurrence.
The councfl objected to the tone and language of the address,
and proposed, also, that if any memorial was sent, it should be
addressed to the house of commons. This caused delay, and
a conference was agreed, by a committee from each branch.
A difference of opinion still prevailed between the committee
of the house and of the council. The original paper, as it
passed the house, claimed the right of laying all taxes and du
ties on the province, and by implication, at least, denied the
right of parliament to impose them. The majority of the com-

162 HISTORY OF MASSACHUSETTS.
mlttee of the council was opposed to taking this high ground ;
and proposed to speak of it as a privilege or favor to be aflowed
to impose taxes, and not as a right. The committee of the
house insisted upon the original term. The councfl would not
consent; and a compromise was finally made, by which the
term liberties was substituted, in one place, for rights, and m
another, privileges was inserted ; so that the prayer of the pe
tition was, " that the hberties and privileges oi the provmce,
relative to internal taxes, might be continued."
In this petition, the general court referred to the high duty
laid on sugar and molasses, large quantities of which were im-,
ported from the West India Islands, in return for fish and lum
ber, which was the chief trade of the province, and which en
abled them to purchase the manufactures of England ; and they
complained of the establishment of courts of admiralty in the
colonies, and of the provisions of the act, which gave great
power to the custom-house officers, encouraged spies and in
formers, authorized trials in a distant province, and denied
redress to the defendant, even on proving his innocence. But
the principal objection \a as, that the right or privflege always
enjoyed, was taken away, — that of their representatives de
ciding freely, both of the way and manner of raising internal
taxes, ofthe ability of the people to pay, and the purposes to
which the money should be appfled. They also stated, that
their taxes were high, owing to the great debt of the province.
And as pariiament claimed the right to tax the province, be
cause the province had a right to protection from the parent
state, they showed, that the people of Massachusetts had always
defended themselves, only having aid from England against a
common enemy, the French, when the nation made war for
its own purposes and objects. In truth, there was no promise
of protection, on the one part, nor claim to it, on the other,
authorized by the charter.*
In their letter to the agent, at the same time, the general
court said, they had touched upon their rights in such a man
ner, as that no inference could be drawn, that they had either
given them up, or had set up in opposition to parliament, or de
nied that they were bound by acts of parliament; and yet, they
added, "in a letter to you, we may be more exphcit, — a right
* So far were the people in Massachusetts from claiming protection from
England, (and they probably would have done it, if they had the right to
demand it,) that when it was proposed, at an early day, to ask for aid as a
favor, they declined it, because it might be construed, by the parent gov
ernment, as leaning on them, and looking to them for assistance; and
would have an injurious effect on their right to self-government.

HISTORY OF MASSACHUSETTS. 163
the people of the province undoubtedly have, by charter, to
tax themselves; and so far as parliament shall lay taxes on us,
so far will they deprive us of this right. If the first settlers of
the colony had not supposed they were as secure in the enjoy
ment of this right as to the title to their lands, they would
never have left England and settied in America."
Although the governor prudently avoided giving his opinion
on the subjects, which had excited so general and deep an
interest through the province, the house chose a committee, in
which the council, as was usual in such cases, joined them, to
answer his speech, and to express their views as to the great
question, which then agitated the public mind *
Similar opinions were advanced in this paper as in the letter
to the agent, and in the memorial to the house of commons.
They said they would seize the occasion to express their senti
ments, on a subject of the last importance to the province.
Acknowledging their duty to submit to the act of parliament
for raising a revenue in the province, untfl it was repealed, they
objected, "that it affected their civfl rights and their commer
cial interests, — the former, inasrnuch as it deprived them of a
trial by jury, in -case of seizures, for alleged violations ofthe
law ; and as the judge and officers of the admiralty court were
interested in the event ofthe suit; and the latter, by the high
duties, and severe penalties provided." They attempted, also,
to show the injury to their trade with England, as well as with
foreign ports, by the restrictions imposed. And they requested
the governor to use his influence with the British ministry to
repeal the oppressive act.
At this session, a joint committee was appointed, to make a
statement ofthe expenses incurred by the province in preced
ing periods, which was accordingly prepared ; and at the close
they observe, "that the province has had its full share of the
burdens of the British empire; that, by its representatives, it
has submitted to the heaviest taxes; that it was greatly ex
hausted by past exertions, and that it would be very difficult to
clear the great load of debt remaining, if the trade were left to
its natural course, and no new burdens laid on them by Eng
land : that if the act was enforced it would so impoverish the
people, and drain off the specie, that a general bankruptcy,
both public and private, must ensue."
The opinions advanced, and the rights claimed and asserted
in these public papers, cannot excite any surprise in the minds
of those who have noticed the declara.tlons and conduct of the
* Mr. Bowdoin was chairman ofthe committee who reported this answer.

164 HISTORY OF MASSACHUSETTS.
people of Massachusetts, for several preceding generations, and
even from the eariiest period of its settlement. They were
but new expressions ofthe sentiments ofthe colony, on former
occasions, when their rights were invaded, or their authority to
make laws for their own government was called in question.
Saving always their allegiance to the king, as would be done if
they had lived in England, they asserted the right, derived
both from nature and their chaiter, to make laws and assess
taxes lor themselves, or by their fellows, chosen expressly for
the purpose ; and, therefore, remonstrated against all Interfering
and controlling authority in these respects. This they invaria
bly did. They expressly refused submission to the commis
sioners of Charies II. ; and this was but an expression of their
general principles; and when called on for troops, by the
agents and officers of the British government, from time to
time, they debated the propriety of the call; and sometimes
declined to comply, and sometimes to furnish only a part of
what was required.
As one objection to the right of parliament in laying taxes
on the people In the province, and legislating for them in other
respects, was that the province was not represented in that
body, it was a plan of some individuals, of whom Mr. Otis, at
first, was one, to have members from the colonies to sit in the
British house of commons. The ministry was inclined to favor
the measure ; but it was soon after perceived, that the repre
sentatives would be so small, that it would be of no benefit, and
it was never formally discussed in pariiament.
These opposing claims and opinions go to show, that a stand
had been taken by Massachusetts, which if sustained would
lender the province almost Independent of the government of
England ; or if given up, there would be an end to the civil
power as hitherto usually exercised, and the authority of par
liament be supreme and unlimited. This was the alternative,
which some intelligent men apprehended, at this period, though
none then probabLy sought for independence. The zeal and
earnestness, with which the patriots, even at that early stage
of the dispute with Great Britain, urged their rights and op
posed the claims of England, furnish evidence, that they look
ed to the consequences of measures, and that they thought their
liberties must be ably defended, or they would be lost forever.
If the tax on sugar and molasses, to raise a revenue was de
nounced as inconsistent with charter rights and the principles
of British liberty, the stamp act, by which all printed or writ
ten public legal papers were liable to an excise or duty, met
with still stronger opposition. It was considered as an internal

HISTORY OF MASSACHUSETTS. 165
tax, for the purpose of raising money in the province for the
use of Great Britain. So far, indeed, as the former act was
not a mere regulation of trade, but intended to draw a revenue
from the province, without the consent of the representatives,
it was opposed and reprobated. As to the stamp act, there
was no disguise or deception in the case ; the professed object
was to raise money for the public treasury of England, except
it should be all squandered on the officers of the crown in the
province. Writs of all kinds, probate papers, deeds, and even
diplomas for college degrees, were all subject to a duty.
At the session in January, 1765, Governor Bernard made a
short speech to the assembly, and observed " that the present
were times of difficulty and distrust ; and recommended for
bearance and submission to the laws of parliament."
The representatives rephed, " that though the times were
difficult, they hoped not of distrust — that they would nofdls-
trust the wisdom and goodness of parliament, but would still
rely on them, next to the wisdom and goodness of the Su
preme." No measure of great political importance was adopt
ed at this session ; except that an effort was made to withhold
the extra grant to Mr. Hutchinson, as chief justice ; and it was
allowed by a majority of only one vote. But when the court
convened the last of May following, intelligence had arrived
that the stamp act had passed ; and the governor endeavored
to moderate the feelings of the people on the subject, in his
public speech. He said, " the character of the monarch was
such as to realize the idea of a patriot king : and that the Brit
ish parliament was the sanctuary of liberty and justice, in whose
proceedings they might have perfect confidence." To this
speech, the house made no reply, but immediately chose a
committee to consider the state of the province, who reported
the plan of a convention to be holden at New York, composed
of delegates from all the colonies, " to consult for the liberty
and safety of the people in this alarming crisis." A commit
tee was chosen, consisting of James Otis, Oliver Partridge and
Timothy Ruggles ; * and they were instructed to consider the
difficulties to which the colonies would be reduced, by the
operation of the acts of parliament for laying duties and taxes
on the people. The convention met in October foflowing,
* Timothy Ruggles, one of the delegates from Massachusetts, was op
posed to the opinions advanced at the convention ; for which, on his return
he was censured by the house of assembly. The resolutions went fully
to deny the right of the British parliament to tax the people in America. —
On that occasion, Mr. Hutchinson said, " it was not infrequently the case
that the advocates for liberty denied others liberty to dissent from them."
20

166 HISTORY OF MASSACHUSETTS.
composed of delegates from Massachusetts, Rhode Island, New
Jersey, Pennsylvania, Delaware and Maryland. They pre
pared petitions to the king and to pariiament, in which they
stated and urged the arguments and views presented in " The
Rights of the Colonies," and in the public papers of the general
court of M-dssachusetts, in 1764.
Before the time of holding the convention in New York, as
proposed, had arrived, the people in Massachusetts became
impatient under their repeated acts of oppression and tyraiiny,
as they deemed them to be ; and their highly excited feelings
hurried them on to acts of great Irregularity and disorder. A mob
collected, in the month of August, suspended an effigy of the
person who was appointed to distribute the stamps ; and thence
proceeded to attack his office and dwelling-house. And a few
nights after, they made repeated assaults on the mansion of the
lieutenant governor ; which they injured, and threw most of his
furniture and books into the street. *
These disorders were perpetrated by the lower class of the
community — sober and intelligent men of the patriotic party
regretted and condemned them. Whfle the governor and his
political friends endeavored to place them to the prejudice of
the opposition, by representing them as enemies of law and
order, those opposed to. the late measures of the British ad
ministration referred to them as proof of the oppressions the
people suffered, and by which they were driven to such acts
of violence.
On this occasion, the governor called the general court to
gether at an early day, and referring to the late riots, said, " the
executive authority was too weak to maintain order and put
the laws in force, and that he must place that arduous duty in
their hands. Without entering into an argument as to the
propriety ofthe acts of which they complained, he could only
remind them, that being laws of parliament, they ought to be
obeyed." " The right of parliament to make laws for the colo
nies," he added, " however it had been controverted in the pro
vince, was undisputed at Westminster." He advised them " to
oppose, not the legality but the expediency of the measures of
which they complained : And he would have them reflect,
that if the people refused to use stamps, there must be a sus
pension of afl legal processes, and of afl contracts in writing."
He said " he was not disposed to magnify the dangers which
were before them, but he thought the province was on the
* Some valuable papers and letters, which Mr. Hutchinson had collected,
were then destroyed, which was an irreparable loss.

HISTORY OF MASSACHUSETTS. 167
brink of a precipice, and that a sense of their danger was ne
cessary to their preservation." The governor also expressed
his beflef that the people needed to be enlightened and re
strained ; and yet a short time before he had represented the
discontents in the province to be confined to a few ambitious
individuals. The house did not answer the governor's communication
for four weeks ; for he prorogued the court two days after it
was made to them, and at the end of that time he again called
them together. They were then prepared with an able an
swer, and also passed resolutions expressive of their views, as
to the policy which the British was pursuing, and of the rights
of the provincial assembly. In their reply to the governor,
they said, " that if the province was on the brink of a precipice,
a sight ofthe danger was necessary to its preservation, and to
despair ofthe commonwealth would be a certain presage of its
fall — that the people were awake to a sense of their danger,
but their prudence would not be wanting to prevent the ruin
of the province. " They beheved the laws sufficient for the
protection and relief of individuals, and they did not see the
necessity of additional acts on the part of the legislature ; they
could not oblige the people to use the stamps ; that they must
judge for themselves ; and if the ordinary business was sus
pended, it was not the fault ofthe house.
The governor said that the stamp act was an act of parlia
ment, and ought therefore to be obeyed. The house observ
ed, that they would not question or limit the authority of par
liament — yet that there certainly were bounds to it : that con
stitutional principles set bounds to and ought to control even
the parliament itself The charter of the province, they said,
gave to the general court the power of making laws for its in
ternal goYcrnment and taxation, and the charter has not been
violated. They asserted, that there were certain original, in
herent rights belonging to the people, of which parliament it
self could not divest them, consistently with the constitution ;
one of which was a representation in the same body which ex
ercised the power of taxation : and the right of the colonies to
make their own laws and lay taxes, they said, had never been
questioned — to claim a right in parliament therefore to tax
the people without their consent, (by their representatives)
would be despotic. They complained that some ofthe essen
tial rights of magna charia, to which they had, as Englishmen,
an undoubted claim, were injured by it ; that it cancelled the
conditions on which our ancestors settled the country, — that it
was totally subversive ofthe happy frame of a subordinate civil

168 HISTORY or MASSACHUSETTS,
government, recognised in the charter, which secures allegiance
to the crown, connexion with the nation, and to themselves the
indefeasible rights of Englishmen.
The governor said, in his message, that he had not made it
his business to form any judgment of the stamp act. The
house, in reply, expressed great surprise, that, as he had known
the discontents and complaints which prevafled, and professed
to be anxious for the liberties and welfare of the people, he
had not examined the provisions of the law, which he would
have seen were very injurious to the province. He also insin
uated in his message, that they had countenanced the riots, or
had not opposed and condemned them with due severity ; on
which it was observed by the house, — " we inherit from out
fathers the highest relish for civfl 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 infringed, we feel the grievance ;
but we understand the nature of our happy constitution too
well, and entertain too high an opinion of the virtue and jus=
tice of parliament, to encourage any means of redress, but what
are justifiable by that constitution. "
At this session, October, 1765, the house of assembly passed
several resolutions, referring to the dispute then agitated, touch
ing the right claimed by the parliament, to lay taxes and raise
a revenue in the province. These resolutions were unanimous
ly adopted, and fully show the views and sentiments then pre-=
vailing among the people. It was declared, that there were
certain essential rights common to mankind, founded in the law
of God and nature, and that they were recognised by the
British constitution — that the inhabitants of the province were
entitled to those rights, in common with afl men, and that no
law of society could justly deprive them of those rights — that
no man could take the property of another without his consent,
and that on this principle is founded the- right of representation
in the same body which made laws for raising taxes — that by
the royal charter, the people of the province were entided to
afl the rights, liberties, and immunities of free and natural sub^
jects of Great Britain — that those rights belong to the people
of the province in common justice, as they settied the country
at their own costs, and had defended themselves in time of
danger ; and having large taxes to pay for the support of gov
ernment in the province, it would be unjust to require them to
assist in the support of the government of England : that a
representation of the people of the province in pariiament was
impracticable, and therefore the powers of legislation were

HISTORY OF MASSACHUSETTS. 169
allowed to be exercised in America ; that therefore all Jaws
made by any power whatever, other than the general assembly
of the province, imposing taxes on the inhabitants, were in
fringements of their inherent and unalienable rights, as men and
British subjects, and rendered void the most valuable declara
tion of their charter. They also complained of the powers
exercised by courts of admiralty, where there were no juries,
and cases were decided in a capricious and arbitrary manner.
These resolutions, the house ordered to be recorded, " that a
just sense of liberty and their firm sentiments of loyalty might
be transmitted to posterity." *
While the general court was sitting, a vessel arrived from
England with large quantities of stamp paper for Massachusetts,
New Hampshire, and Rhode Island. . The governor was at a
loss how to dispose of them, and probably anxious to avoid
giving offence ; and he asked the advice of the councfl, who
referred him to the house of representatives. The house said,
in reply to a message from the governor on the subject, " that
as the stamps were brought into the province without their
directions, it might prove of fll consequence for them to take
any concern in the matter. " The governor again asked the
opinion of the councfl as to the proper disposition of the stamps,
who advised that they be deposited at the castle, to wait the
orders ofthe British ministry. The officer, Mr. Oflver, had
before declined to receive the stamps, and had resigned his
office as distributor of them.
* Hutchinson attributes the answer of the house and the resolutions, to
Samuel Adams, who was one of the committee. Thomas Cushing and
SamueljDexter were also members of it. James Otis was absent. Tbs
style and sentiments fully confirm the opinion of Mr. Hutchinsoii,

CHAPTER XII

Judicial Courts suspended, on account of Stamps— Opinion of Representa
tives, and of the council thereon— Dispute with governor and Council
on drawing money from the treasury— Extracts from Governor s speeches,
and answers of the House-^Stamp Act repealed, and assertion of the
right of Parliament to make laws for the Colonies— Mr. Pitt— Dispute
with Governor about choice of Counsellors— Reflections of the Council
on the Riots— Address of House to the King— Political views of Gov
ernor Bernard— Different opinions among the people— Dispute m grant
ing compensation for the losses by the mob— Trade- Arrival of British
troops — Dispute about expenses ofthe troops.
It now became an important question, whether the courts
should proceed without the use of the stamp paper, and whether
any business could be legally transacted, where there were
written contracts, without them. The citizens of Boston peti
tioned the governor and council to direct the courts to proceed
without them. The general court being in session, appointed
a committee on the subject, and the councfl joined several
members of that board ; but though a report was made and
accepted in the council, the house did not approve, and it was
continued to the January session following. The report was
in favor ofthe courts proceeding in the usual business, as though
no such act of parhament had been passed. In January, it
was proposed by the house to add to it, " that the courts be
directed to sit immediately ; " but the councfl seem not to have
been willing to order the court to sit, but stated that it was
understood the courts would be holden as formerly. Early in
the spring they were held at the regular terms. As the courts
had been suspended during the fall months, the house was desi
rous of directing them in January to proceed in their proper
duties. The councfl were not backward in condemning the
stamp act, and they expressed an opinion, that the courts might
proceed without stamps ; but were unwflling further to
interfere; they said "the most sensible and judicious persons
in the colonies looked on the act as grievous and unconstitution
al; and that it was believed no one would think it consistent
with his reputation to distribute the stamps. " When the

HISTORY OF MASSACHUSETTS. 171
stamps were deposited at the castle, the governor and councfl
ordered additional men as a guard ; and afterwards issued war
rants for their wages, without having the authority of a resolve
of the house for it. This was a subject of heavy complaint, as
a dangerous precedent. The heuse remonstrated against it to
the councfl ; and the latter excused their conduct, by saying
that the exigency required it. The house insisted, that It was
highly Improper ; but granted that the executive might justly
order the men for protection, though it should not decide their
pay, nor draw money from the treasury without a resolve of
both branches of the legislature. The danger to the liberties
of the people from such power in the executive was pointed out
by the house ; and in a second address to the councfl, there
was a solemn protest against the principle.
The last day of the court, the governor sent a long message
to the house, in which he criminated their conduct, and com
plained that he had not been treated with due respect. The
first day of the following session, the house made a full reply ;
in which they observed, "that they should have been happy
to have passed it in sflence, but felt bound to notice some parts
of it, as he had borne hard on them. They could not suppose,"
they said, " that he meant to push the prerogative so far, as to
impose sflence on them. They expressed surprise that he
should say, the disordered state of the province had affected its
very councils ; and to intimate that it was on the eve of a rebel
lion. Impartial history," they said, " would testify, that the
people of the province, after giving the strongest testimony of
their loyalty to the king, also gave equal testimony of a love of
hberty and a regard to those principles, which are the basis of
his majesty's government, by a glorious stand even against an
act of parliament, when they saw their essential and unaliena
ble rights disregarded and infringed — and that they had know
ledge and virtue enough to regulate their opposition by law.
Your excellency says, the times have been made more difficult
than they need to have been ; which is our opinion also. They
who have made them so,* have reason to regret the injury they
have done to an honest and virtuous people. We hope tran-
qufllity wfll be soon restored. The custom-houses are open,
and the people permitted to attend to their usual employments.
The courts of justice also must be open ; open immediately ;
and the law, the great rifle of right, be executed. The stop
ping of the courts of justice is a grievance which this house
* The governor and lieutenant governor had before this written to
England, approving ofthe stamp act, if they did not even recommend it.

172 HISTORY OF MASSACHUSETTS.
must inquire into. Justice must be administered through the
province. In the mean time we shall wait in hope that the
loyal application to the king for a repeal of the stamp act wifl
succeed. " With reference to the declaration of the governor,
in his speech, that he had not«nterfered with the stamp act, the .
house say, " they were sorry, when he knew what interest and
alarm it had excited in the province, he should not have exert
ed his influence in their favor, and represented the feelings and
complaints of- the people on the subject."
At the session of the general court, in January, 1766, the
governor made a very short speech, and said, " that when the
time should come that his services would be acceptable to the
province, he should gladly use it for their benefit. " The repre
sentatives replied, " that they had never known the time, since he
had been in the chair, that his services would not have been
acceptable and useful ; and, that in seeking the welfare of the
province, they could not but stfll hope for his a.ssistance. "
The British minister had given directions that the stamp act,
and the mutiny act, passed about the same time, should be pub
lished by authority in the province ; and the governor desired
the house of representatives to give orders accordingly ; but
the house declined. The governor, by advice of councfl,
directed that they should be published. The house com
plained, that this was done contrary to their opinion, and an
expense Incurred for service which they wished not to be per
formed.' They represented it as arbitrary and unconstitutional.
At the same time, they complained, that the governor had an
irresponsible councfl, who met -at his house every week, and
advised to irnproper measures, some of which were specified.
These complaints were expressed in the form of resolutions,
and published. They also complained again, that the judicial
Courts were shut, which tended to dissolve the bonds of civfl
society ; and was an intolerable grievance, and ought forthwith
to be redressed.
While remonstrances were made against the stamp act, as an
unconstitutional measure, it was also represented as oppressive,
and petitions were offered for its repeal. In asking this, the
general court made strong professions of loyalty, and were care
ful to acknowledge their allegiance to the crown.
Their denial of a right in parliament to pass the stamp
act or to impose taxes on the people in the province, was a
great hindrance to its repeal. The ministry thought it would
be yieldiiig too much ; that it would be admitting, in effect, that
the parliament had no right to legislate for the colonies ; which
Ihey would not for a moment allow. This was evident from

HISTORY OF MASSACHUSETTS. 173
declarations in parliament, from some ofthe minister's letters to
the governor, and from the agents of the province in England
to the general court. But the opposition was so decided and
so general in the colonies against the stamp act, and the agents
and friends of Massachusetts were so active in remonstrating
•against it, that early in the winter of 1766, it was made a
question, whether it would not be both just and politic to re
peal it. The proposition was received with no favor at first;
but various considerations united to produce an opinion for the
policy of withdrawing it. It was admitted to be a novel mea
sure, even if just and constitutional ; for It was found, " that it
had not been the practice of England to lay internal taxes on
her dominions which were not represented " — and " that the
statute book abounded with judgments of parliament, that inter
nal taxes ought not to be laid without consent of parliament,
or the representation of that part of the kingdom which paid."
And some apprehended serious resistance from the colonies,
should attempts be made by ministers to enforce the law. —
Many able statesmen in parliament spoke earnestly for repeal
ing the act, and against the justice of passing it at first; among
whom were Mr. Pitt, Mr. Pownafl, who had been governor of
the province, the dukes of Newcastle, of Grafton, and of Rich
mond, the lord high chancellor, and the chancellor of the ex
chequer. Mr Pitt said, "this kingdom has no right to tax the
colonies ! We give and grant to his majesty, the property of
his subjects In America ! It is an absurdity. The commons of
America have always been in the exercise of this constitutional
right of granting their own money ; and they would have been
slaves, if they had not enjoyed it."
If the repeal ofthe stamp act had not been coupled with an
offensive andjalarrning declaration," that the parliament of Eng
land had a right to bind the colonies in all cases whatever,"
the measure would have given entire and universal satisfaction.
But, while relief from an actual burden gave great joy to the com
mon people, and all classes rejoiced in the event, the more in
telligent patriots received it with distrust and anxiety, because
the principle, against which they had been contending, was.
avowed and asserted, and was to operate, on future occasions, to
the prejudice of their rights and liberties, as the will ofthe ad
ministration might dictate. After the stamp act was withdrawn,
which they had prayed might be done, still to complain might
be construed against them ; and to acquiesce in silence in the
sentiment advanced, v/ould be wrong, and might soon produce
most arbitrary measures. The governor took advantage ofthe
occasion to tell the house, " that he presumed they were sat-
21

174 HISTORY OF MASSACHUSETTS.
isfied and grateful ; and if any should complain, they must be
deemed of a factious spirit, and of very bad tempers. "
The chief cause of this reflection from the governor on the
house was their omitting to elect such counsellors as were most
agreeable to him ; and which he chose to construe into an In
sult on the king as well as himself, and even "' as having a ten-*
dency to overthrow the government of the province.'' The
persons, who had been several previous years chosen into the
council, and left out in May 1766, were Mr. Hutchinson, (the
lieutenant governor,) secretary Oliver, and judges Oliver and
Trowbridge. The three first had become very unpopular, from
the belief that they had favored the stamp act, and approved
the plan of raising a revenue in the province by internal taxes
for the treasury in England, or for high salaries to officers of
the crown, and of a mflitary force to sustain the custom-house
officers in their oppressions. The house expressed their sur
prise, that the governor should consider their conduct in this
respect so irnproper and dangerous ; they said, " it was their
right to elect, and it was most unexpected to be censured for a
legal and constitutional act. They believed they had chosen
able and faithful men, and they had no doubt they would take
good care of the interests of the province. The persons not
elected, who the governor thought necessary to the safety and
honor of the colony, had other employment and other offices,
which required all their time."*
The governor informed the house, at this time, that when he
received any special instructions from the king, which he was
daily expecting, he would communicate them. In reply, the
house observed, " when your excellency shall be directed to
speak to us with greater authority than your own, we shall be
all attention ; being assured, that every thing coming from his
majesty will be fufl of grace and truth." Soon after, letters
were received from the secretary of state, accompanied by an
official notice ofthe repeal of the stamp act; in which refer
ence was made to the declaration connected with it, ofthe right
of parliament to legislate for the colonies in all cases ; and re
quiring also that compensation be made to those who sustained
losses by the riots of the preceding year. The governor im
mediately sent the letters to the general court ; and urged them
to indemnify the persons whose property was destroyed. He
1 At this session, the governor had given bis veto to the election of James
Otis, as speaker — and he withheld his consent from the fcllowing persons,
chosen counsellors ; Colonel Otis, Thomas Saunders, Samuel Dexter, and
John Gerrish and of this, the house had equal right to complain, as he had of
their passing by his/uD«j-i(es,

HISTORY OF MASSACHUSETTS. 175
also observed, that if any " objections were made to it, or any
attempts still to disquiet the rninds of th^ people, those who
were the authors ought to be marked out for punishment, or
disgrace."* On this occasion, the council addressed a separate answer to
the governor, sq firm and spirited, that justice to their charac
ters requires a full statement of ^ts contents. " It is with pain
we express our apprehension' that your excellency's speech
may lead some, not acf(.uainted with the state of the province,
to form such an opinion of the people as they do not deserve.
Surely, you cannot mean to impute the enortnities, committed
by a few abandotied persons, to the body of the people, or to
either branch of tfie government. We are sure no ill-temper
prevails among the people, notwithstanding your intimations ;
nothing which can lead parliament to regret its favor in the re
peal ofthe stamp act, as your excellency seems to intimate.
" Your excellency is pleased to say, that the government
has been attacked in form, and oppugnatlon made to the au
thority of the king, because the two houses have exercised a
legal right in the choice of counsellors. A regard to justice
and truth, to our own character and the reputation of the pro
vince, oblige us to speak with freedom, but without intending
any disrespect to your excellency. Silence on such an occa
sion would merit the imputation, which your excellency's lan
guage tends to lay on us. Can it be justly said, that the peo
ple ofthe province have attacked the government and are guil
ty of oppugnatlon to his majesty's authority, because their rep
resentations have not chosen the men to be counsellors, whom
your excellency would prefer, and who have before had a seat
at the board 1 Your excellency has seen fit to exercise the
right of rejecting several persons chosen by the house and the
general court, but no one complains that it is an attack on the
government. And we feel it our duty to bear testimony to the
loyal and dutiful temper ofthe people, and the constitutional
proceedings of the house of assembly. We really hope, that,
hecause an election is made not agreeable to the chair, it wfll
not be said the government has been attacked or the king's au
thority opposed. "j-
* It was supposed, that he had particular reference to Samuel Adams,
and James Otis. They were the most decided, zealous and active — and bad
they cowered under the threats of the royal governor, the cause of liberty
must have greatly suffered.
f It was proof of great presumption in the lieutenant governor, that, when
not chosen to the council, of which the governor made so loud complaint,
be still took a seat at the board. A committee of the house, going with a mes
sage to the council, some days after the elections, were much surprised to

176 HISTORY OF MASSACHUSETTS.
The reply ofthe house was equally firm and Independent.*
They contended for a riglpt to elect such men into the councfl
as they saw fit ; and to decade iir'what way and to what amount
a grant should be to those who' suffered by the riots of the
former season ; — and they voted to postpone the subject, that
they might learn the opinions.of their constituenls.,. As to their
right of electing om; jnau/br ^floth^', they musC.be the sole
judges, and they hoped'' to exercise tfSslr/ight vvith. discretion—
they must proteha^ainsf the con,ti-.o{ of direction of ihe chair
in their electlons^-and however wise,' prudent,- and mild was
the present execptive, they had no-gissu-reHce-tli^t' bis successor
would possess those shining. virtues. As.Jio^ttie residue of the
speech, they said, " tlvey'were sorry to be constrained to ob
serve, that the general ai;- and st}le of it sa'vors much more of
an act of free grace and p^iidon, than of .tf'pariiamentary ad
dress to the general court ; and we sincerely wish your excel
lency had been pleased to reserve it for a proclarnation."
At this session, (June 1766) A loyal and humble address
was prepared and sent to the king, expressing the, thanks of
the house for his clemency in approving the act for tfie repeal
of the law imposing duties oh stamps. This address was a fair
expression of the opinions and views of the representatives of
Massachusetts at that period of political controversy and alarm.
It may not be difficult to show, that they recognised the su
premacy of parliament more readily at one time, than they did
at others, or, that, in protesting against the charge of their po
litical enemies of aiming at absolute Independence, they spoke
more submissively, than they did when laws were made to tax
them and raise a revenue in the province without their con
sent. Then they pleaded for the sole and exclusive right of
legislation. A qualified supremacy in parliament, they did not
indeed, deny — and yet insisted on the power of the subordi
nate legislation in the province for laying all taxes on the peo
ple. The right derived from nature and recognised by char
ter, they held sacred, and boldly asserted — but at the same
find the lieutenant governor had taken a seat there. They remonstrated to
the council immediately, against the conduct of Mr. J-Iutchinson. He at
tempted to justify it, and to claim a seat, as lieutenant governor. The
house still complained, and insisted, that, though in the absence ofthe gov
ernor, he had a right to the chair, he had no right to a seat at the board, at
any other time. The council ii greed with tKe house, and the lieutenant
governor gave up his claim. \ '
¦•'Mr. Bowdoin was supposed tobe the writer ofthe answer to the council
— a part of which only is given,- Mr. Hutchinson said that Mr. Bowdoin was
the leading member of council, after he was left out ; and that he was gen
erally in sentiment with the friends of liberty in the house.
I'

HISTORY OF MASSACHUSETTS. 177
time called themselves the faithful subjects of the king, and
professed submission (wlthsoi^ie exceptions) to parliament. Mr.
Hutchinson argued, that they iniist either submit to pariiament,
or admit that they claimed'-lndepjEudence. They were not
willing to allow the alternative. But when the crisis came at
last, aud parliament made laws and the ministiy gave instruc
tions which Were opposed and resisted, a .^evolution was the
inevitable cojisequence. ^ *_ ¦• ¦¦¦
Governor, Bernard vVas' disposed to assert the authority of
parliament- arid the prerogative 'to- the fullest extent : and was
often less guarded and less .pnid-^nt in his language than Mr.
Hutchinson. When- the Stanrip aft was repealed, and the peo
ple were disposed-;.p- -be quiet, he'-'used irritating expressions,
and plainly intinwtedj^ that if there were any more disorders
or complaints, thSy. must expect no lenity, but force, to oblige
them to submit. This produced warm, and sometimes intem
perate and indecorous replies fiom the representatives. When
the lleutenan|t governor and other friends of the governor were
left out of the couij^efl, he charged them with an attack on the
government, and oppugnation to the king. They replied with
warmth and severity ; and they had just cause for both. His
arbitrary principles were offensive to their high spirits, and
they believed dangerous to the liberties ofthe people. They
retorted his charge of causing discontents and alarm ; and littie
cordiality from that time existed between them. They con
sidered him the agent of an administration, claiming to exercise
a power over them inconsistent with their rights and hostile to
their prosperity. The British government had recently mani
fested a determination to extend its authority to the colonies ;
which, however claimed before, had seldom been fully exerted,
and which their fathers opposed or denied. They were con
vinced ofthe governor's devotion to the views and plans ofthe
British ministry, for reducing them to the lowest degree of co
lonial dependence, and for governing the people by foreign
officers ; and had no expectation that he would contend for the
rights of the province. If the governot-, or Mr. "Hutchinson ever
appliedUo England, in behalf of the province, it wasfor/atJora;
whflst the true friends of hberty sought for redr-ess from op
pression, and boldly resisted ^11 arbitraiy exercise of power in
the parliament or its agents. Every session of the general
court, which brought the governor apd the representatives to
gether was sure to produce cQlh^n. ^nd crimination. He
contended for submission to acts of parliament and to ministerial
instructions ; and they asseirted their rights, as free-born Eng
lishmen, and the pow^'r granted by charter. The two parties

178 HISTORY OF MASSACHUSETTS.
were thus at issue eariy in the dispute ; neither would yield,
but urged each their claims whh increasing feeling and obsti
nacy. ¦ • , n/r -u u
A portion of those, who sometimes voted with Mr. Hutch
inson and opposed some of the measures of the most zealous
whigs, at this period, were the sincere friends of civil liberty.
It was not from want of attachment to the principles of politi
cal freedom, but from timidity, that they did not give their
voice in favor of all the measures proposed by James Otis,
Samuel Adams and their friends. They readfly united jn re
monstrating against the sugar act, the stamp act and simflar
measures ofthe parent government, and in praying for redress;
but dechned opposing the'authority of pariiament, as the more
decided and daring spirits of the day did. They loved their
country, but feared the opposition could not sustain itself, and
that force would be used to oppress the people ; and the condi
tion of the province be far more abject and distressing than if
submission were yielded to the laws of parliament. It was
among the aged chiefly that such sentiments were declared ;
aud some apology is due to tiieir prudence, or their fears, while
far higher praise is due to those fearless patriots who opposed
the giant strength of England, in defence of constitutional free
dom and the unalienable rights ofthe people.
After this period, it appears that governor Bernard kept the
general court in session for as short a time as possible, and on
ly summoned them to meet to hear instructions and orders from
the British ministry. Often when he called a meeting, they
were suddenly prorogued, if found deliberating on measures to
vindicate and preserve their rights. Whfle together at the
regular session in May and June, the house chose a committee,
by recommendation o( the governor, to inquire who were ac
tive in the riots of 1765, though they then declined making
compensation to the sufferers. The committee met and gave
notice to the governor, who had said, that the rioters were
known, and that proof could be easily given, if an investigation
should be made. But he was not able to produce evidence to
fix the charge on any individuals. Still he complaine'd " that
justice was not done, that the house was disposed to wink the
matter out of sight," and intimated that the inhabitants of the
town were answerable for the disorders, unless they would de
tect the Individuals who had committed them. In October,
the governor summoned a special meeting of the general court,
and desired them to say expressly, whether they would, or
would not grant compensation to those, whose property was
destroyed by the mob, the preceding autumn : and he was so

HISTORY OF MASSACHUSETTS. 179
unwise as to tell them, when that single subject was decided,
be should immediately send them home. I'o this ungracious
speech, the house of representatives replied vvith great firm
ness and decision ; and afluded to his former message on the
subject, in which he spoke neither with becoming dignity
nor good temper. " The manner In which your excellency has
repeatedly urged compensation to the sufl-'erers by the riots,"
(they sayj " Is derogatory to the honor of the house, and in
breach ofthe privileges thereof The terms used are very dif
ferent from those dictated by the king's express command, as
signified in a letter from the secretary of state. They tend to
weaken the Inherent, uncontrollable right ofthe people to dis
pose of their own money to such purposes as they shall deem
expedient, and to no other. The house, however, with most
dutiful and profound respect for his majesty's gracious and mild
recommendation, have passed a bill, to be sent to the several
towns in the province for the consideration of the people ;
granting compensation to the sufferers, and a general indemnity
¦ and pardon to the offenders." The preamble to the bill was
as follows : — " As the king's most excellent majesty, from a de
sire that the sufferers in the late riots should be compensated,
and a veflbe drawn over the late unhappy excesses, has been
pleased to signify his intention to forgive and forget them, at
the same time, in his abundant clemency recommending com
pensation to the sufferers ; from a grateful sense of his majes
ty's grace and clemency, in order to promote peace and safety,
to make compensation to said sufferers, and thus to demonstrate
to the world a sense of the happiness we enjoy, in being a part
of the British empire, and being entitled to the rights, liber
ties and privfleges of British subjects, we, his majesty's most •
dutiful and loyal subjects, the repreisentatlves of the commons
of this province, in general court assembled, have resolved to
give and grant," Sic.
This bifl was passed in December, 1766; and resolves were
also adopted by the house, declaring the reasons for making
the compensation ; which were, " from a loyal and grateful re
gard to the king's mfld and gracious recommendation, from
deference to the opinions of the iUustrious friends of the colonies
in England, and for the sake of internal peace and order, with
out regard to-any interpretation of his majesty's recommenda
tion into a requisition precluding all debate and controversy ;
under a fufl persuasion that the sufferers had no just claim on
the province; and that this compliance ought not, hereafter, to
be drawn into a precedent." The resolves further assert, " that
the resolutions of the house of representatives had not, as

180 HISTORY OF MASSACHUSETTS.
charged by their enemies, produced the riots ; since the riots
happened in August, and the said resolutions were passed in
October after." *
The letter from the British minister, used the term recom
mendation, m mgmg 2. cova^ena&mn to the sufferers; but the
governor made use of more dictatorial terms, which gave the
' offence, and which gave occasion for the house to reply to him
with more than usual severity. It was a question in the
British house of commons, whether the word recommendation
was sufficientiy strong ; but by the influence of Pitt, and other
friends ofthe province, it was used as most consistent wuh the
hberties and rights of the people ; at the same time it was
urged as a reason for the provincial legislature to comply with
the views of the British government.f The house seized the
occasion, and voted a grant to be made, without yielding any
thing ofthe great principle, for which they were contending.
"The restrictions on trade, and the high duties on articles im
ported into the province, which had often been cause of com
plaint, were again, in 1766, the occasion of general discontent,
and of remonstrances to the British government. The subject
was under consideration by the house, in June and in Novem
ber. The merchants were consulted, and letters addressed to
the agents in England for relief An attempt was also made in
parliament, but without success. The merchants in London
joined the political enemies of the province, and a bill was
brought into parliament laying duties on paper, glass, tea, and
some other articles : but the privilege was given to carry lum
ber and potash directiy to Ireland. The appointment of addi
tional officers of the customs from England, also increased the
' discontents ofthe people. For it was not only considered op
pressive to pay such high duties, but it was feared that officers,
who were not citizens of the province, but strangers to the
people, would be arbitrary and vexatious in their conduct.
And the event justified the fears aud predictions of the intefli
gent friends of liberty. When it was found that petitions and
^ These resolves, in answer to the governor's speech, and the bill for the
relief of sufferers hy the riots in 176.5, were prepared by James Otis, Jr.,
Samuel Adams, Samuel Dexter, and Joseph Hawley. They were the
most active and influential patriots of that period. To whoin should
be added James Bowdoin, of the council, and Thomas. Cushing, James
Otis, Sen,, Thomas Saunders, Colonel O. Partridge. Of the less firm ad
vocates for liberty, when the dispute became more serious, but in 1765,
were among its supporters, were William Brattle, Colonel Bowers, General
Winslow, 11, Tyler, E. Gray, Sheaffe,and Rnpes.
t There was a partial change in IIk* ministry, at this time; and the ad
ministration was somewhat more favorably disposed to admit the claims of
Massachusetts to a right of laying all internal tii.xes ; but the supremacy
of parliament over the colonies, was asserted by the new as well as by the
old ministry.

HISTORY OF MASSACHUSETTS. 181
remonstrances had no effect, most of the merchants, with other
citizens, united in a resolution to import no more goods of the
manufacture of England.* The measure was not deemed so
hostfle to Great Britain, as at a later period, when a similar
resolution was made. Nor did it produce the injury to English
manufactures, which some had expected. The ministry was
too much determined to persevere in the policy of imposing
duties on all articles carried into the colonies, and of regulating
trade solely for the benefit of the parent state, to be moved
from their purpose by any trifling inconvenience. The effect,
in Massachusetts, was a far less importation of woollens, and an
increase of the manufacture of cloth by the people.
In the fall of 1767, some troops ofthe royal British artfllery
arrived in the harbor of Boston, and it was said that more had
been ordered, to be stationed in the province. The general
court was not sitting at the tirne, and the governor directed
that provision be made for them at the castie, though there
was no legislative authority for such an expense. These troops
were sent by virtue of an act of parliament of 1764, authorizing
the king to order a mflitary force to be stationed in any pro
vince he might choose, and to quarter them on the people.
The act did not immediately go into operation; but the wary
patriots considered it pregnant with much mischief, for they
saw in It a preparation to enforce obnoxious and oppressive
laws at the point of the bayonet.
When the session of January, in 1767, opened, the governor
made a very short speech ; neither referring to the measures of
the year then past, which had produced so much excitement,
nor yet to the arrival of British troops in the province, and his
order to quarter them on the province. The house commented
freely on the following sentence of his speech, which was all it
offered to their attention, except the usual tender of his co
operation in measures for the public welfare : your exceflency
Is pleased to recommend to us, "the support of the authority
of government, the maintenance of the honor of the province,
and the promotion of the welfare of the people." "By the
authority ofthe government, this house understands the charter
rights and powers of the great and general court or assembly
of this province, and the powers with which the civil officers of
* From twelve to fifteen ships arrived annually in the port of Boston,
with the products and manufactures of Great Britain. But in 1767, the
amount of goods imported from England was less, by £165,000, than in
1764 ; owing to the conduct of the British ministry, and a dislike of the acts
imposing high duties ; and in 1768, a large ship, with English goods, was
sent back, without unloading.
22

182 HISTORY OF MASSACHUSETTS.
the province are by law invested. Whfle the members of the
assembly firmly maintain those rights and powers, and the peo
ple sustain the civil officers in the exercise of their respective
powers, in execution of the good laws of the province, then we
apprehend the authority of government is supported. It is
necessary for the support of this authority, that the representa
tives inform themselves of the extent of those rights and powers,
and sacredly adhere to their own, as one branch of the legisla
ture : that they zealously assert the rights of their constituents,
the people of the province ; and that they endeavor to have
the people well acquainted with their natural and constitutional
rights and privileges. And we shafl always be glad to find
your excellency exciting us to the discharge of this important
duty." They also adverted to the conduct of the lieutenant
governor, in taking a seat in council when he was not elected
a member. " If he were introduced by your exceflency, we
apprehend that the happiest means of supporting the authority
of government, or maintaining the honor of the province was
not consulted therein. If he took a seat of his own motion, we
are constrained to say, that It affords a new and additional in
stance of ambition and a lust of power, to what we have here
tofore observed. — We cannot promise your exceflency that
there wfll be no disagreement or diversity of sentiment among
the members of the general court; this is hardly to be expected
in a free assembly. In such cases, the house will consider
their own honor concerned to debate with candor and to de
cide with judgment. Had your excellency any comrnand from
his majesty to lay before us, we should attend to it with the
utmost respect and loyalty, being fully persuaded that our
gracious sovereign will require nothing of us but what is just
and wise. When you shafl be pleased to communicate to us
any proposal of your own, we shall duly consider its nature,
importance and tendency, and act agreeably to the best light
of our understanding."
The house requested, also, to be informed, whether any
provision had been made, at the expense of the province, for
the troops arrived in the harbor of Boston ; and whether more
were expected. An artful reply was made by the governor,
but not sufficient to satisfy or silence the house. He said he
would order an account made out and sent to the house, of
expenses incurred for the troops, the council having advised
to provide for the troops, in pursuance of an act of parliament :
as if the advice of council and an act of parliament were au
thority enough for the executive to expend the money of the
people, and to quarter troops in the province, without a law of

HISTORY OF MASSACHUSETTS. 183
the general court. The house were not satisfied with the rea
son or argument of the governor, and rejoined to his reply,
"that it vvas by virtue ofthe royal charter alone the governor
and council had authority to draw money out of the treasury,
and that only accordlug to acts ofthe general court ofthe pro
vince, — and that it fully secured to the house of representatives
the right of originating, granting and disposing of taxes. Your
exceflency, therefore, in giving orders by advice of councfl, to
make provisions for the artfllery companies at the castie, acted
contrary to the plain meaning and intention of the charter.
If there was, indeed, an immediate necessity for some provi
sion for the troops, we are surprised you did not give informa
tion of what had been done by the executive, neither at the
last session, nor at the opening of the present. Your excel
lency and the council, by taking this step, have unconstitu
tionally and unnecessarily subjected the province to an expense,
without giving the house an opportunity of passing their judg
ment on it, and have also put it out of our power to testify,' by
an act of our own, our readiness to grant to his majesty of our
free accord, such aid as his service requires."
At the session ofthe general court, the last of May, 1767,
the governor said, " he had no special commands from the king
to communicate," and advised to " the despatch of the public
business, and to a spirit of harmony in the public councfls,
which seemed to have lately departed from the several branches
of the government." He declared, "that he should not de
cline the full exercise of the powers of his office, yet intended
to use them with due moderation. Unnecessary disputes, he
said, were expensive, and he hoped would be avoided." The
house replied, " that they most sincerely desired a mutual con
fidence between the several branches of government; and that
they were not sensible of any act, on their part, which tended
to interrupt the general harmony. We are concerned to say,
however, that when the people have shown due submission
and true loyalty, it should be represented that they are in a
bad temper and ready to complain unjustly. We shafl be glad
of proof to assure the people that you have had no hand in
such representation. We are satisfied your exceflency does
not intend to decfine the use of any powers vested in your
office ; but you wifl allow us to observe, that there is such a
thing as an indiscreet use of legal poiver, of which we must
form our own judgment. We shall despatch the public busi
ness in as short a time as possible; but there are matters of
great concern to the people of the province before us ; and whfle
we shafl avoid unnecessary disputation, well knowing how ex-

184 HISTORY OF MASSACHUSETTS.
pensive it is, we shafl endeavor to maintain and defend the
rights of the people, in all suitable ways. We hope their
hberties wfll not be drawn in question ; but if they should be,
we are bound to contend for them ; and shall not think the time
so employed, misspent, nor any dispute on our part, for such
an object, unnecessary."
When the governor notified the house, during the session,
that twenty-seven recruits had arrived, for which he desired
provision might be made, it was resolved, " that such provision
be made for them, while they remain here, as has been usually
made for the king's regular troops, when occasionally in the
province." In this resolution, a uew proof may be seen, of a
disposition to comply with an act of parhament and the com
mand of the king, aild of a discriminating regard for the rights
and authority of the government of the province. The mutiny
act, passed by parliament some time before, provided that
troops, when on their way to a fortress or place where they
were to be stationed, to act against a foreign enemy, should be
supplied, for a short time, with necessary support by the colo
nies. It was an abuse of the law and in violation of the rights
of the people, that ministers ordered troops to be permanently
placed in the province, and to be supported at its expense.
Not only was the order to furnish supplies for the troops op
posed, as inconsistent with the right of the assembly to originate
and make grants, and to appropriate them, of their own free
judgment, but it was a cause of great alarm to the people, that
a mflitary force was to be kept up in the province in time of
peace. When there was war between Great Britain and
France, and troops were sent from England to go against
Canada, there was no objection to their being a short time in
the province, or to furnish them with provisions. But there
was no such cause in 1766-7; and it could not fail to excite
great fears, when troops were stationed at and near the metro
polis ofthe province. The people saw in it a determination of
the parent government to enforce laws, however oppressive or
however unpopular. To the discerning mind of the American
patriot, it was ominous of great political evfl.*
* The question has been often discussed, which province, or colony, was
first to make a full and decided opposition to the right of parliament to im
pose taxes, or to legislate as to the internal concerns of the American peo
ple. The 28th of May, 1765, the house of assembly of Virginia passed the
following resolution : " That the taxation of the people by their representa
tives, who can best judge what taxes the people are able to bear, and what
are the best way of raising them, and must themselves be aftected by them,
is the only security against a burdensome taxation and the distinguishing
characteristic of British freedom, without which the ancient constitution

CHAPTER XIII

Conduct towards the native Indians — Governor Bernard gave his negative
to several Counsellors elected by the House — Plan to establish Episco
pacy — Governor Bernard misrepresents the General Court — Complains
that he is attacked in the public prints — Plays prohibited — Slave trade
condemned by General Court — Town meeting in Boston ; Resolutions
passed — Petition of House to the King, and Circular to other Colonies
— Refuse to rescind Circulars — Governor dissolved the Assembly — Com
plaints ofthe people — Convention in Boston — British troops stationed in
Boston — Conduct of Colonel of troops — General Gage in Boston — Gen
eral Court convened — Governor Bernard unpopular — Firmness of the
Council — Dispute between Governor and House.
The question of right in laying taxes on the people of the
province, and legislating on their internal concerns, was of such
cannot exist." This has been said to be the first explicit denial ofthe author
ity of parliament over the people in the colonies. But the defclaration and
resolves ofthe house of representatives of Massachusetts, in June, and espe
cially in November, 1764, assert their exclusive right to levy taxes in the
province. The citizens of Boston said, in May, 1764, "if our trade may be
taxed by parliament, why not our lands .-¦ why not the produce of our lands
and every thing we possess? This, we conceive, annihilates our charter
rights to govern and tax ourselves. It strikes at our rights and privileges,
which we hold in Common with our fellow subjects, who are natives of
Great Britain. The house of assembly, in June 1764, remonstrated against
the claim of parliament to tax the colonies. In a letter to their agent in
England, they complained, " that he seemed to have tacitly admitted the
right of parliament to lay duties and taxes on them; " " which," they ad
ded, " never could be conceded, as they were not represented in the British
legislature : it being a fundamental principle of the British constitution,
that the subject could not be taxed without the consent of his representa
tive." They complained that they should be reduced to slavery, if parlia
ment could tax them at its pleasure. The house gave notice to the other
colonies of these proceedings, (which, no doubt, led to the resolutions of
Virginia and New York.) In October, 1764, the representatives of Massa
chusetts were still more explicit. They prepared a petition to the king,
which the council saw fit to have directed to the British house of commons,
and which they altered in some material points. The house had asserted
the sole right to tax themselves by their representatives, and that it v.'as an
infringement on their rights, for parliament to impose taxes and duties on
them. The council substituted p-mZeo-es for rights. The house objected,
and at last, by compromise, inserted liberties instead. The original draft,
as adopted by the house, was as explicit and full as the resolves of Virginia
in May, 1765. And an a letter to their agent, at this time both council and

186 HISTORY OF MASSACHUSETTS.
general interest, that other subjects were frequently postponed;
or, when before the general court, excited little attention, com
pared to the former. In 1767, however, there was a tempo
rary suspension of the great controversy with the British ad
ministration, as all the arguments had already been advanced
on both sides, and no particular measure, (except that of quar
tering the troops, which was also adjusted, as to the particular
case which was presented,) exclusively engaged the public
mind; other subjects occupied the attention of the legislature.
In his message to the general court, (May, 1767,) the gov
ernor communicated a letter from the British ministers, referring
to complaints made by the Indians in some of the colonies,*
that encroachments had been made on their lands. A joint
committee was appointed, to consider the subject, so far as
Massachusetts was concerned. The report of the committee
was highly honorable to the character of the province from its
first settlement. Nor was the statement made ever contra
dicted; as probably it w^-ould have been, if incorrect. The
committee say, " we are satisfied there are no complaints
against this province by his majesty's agents for Indian affairs.
It is with much pleasure that we remind your exceflency, and
inform the world, that greater care was taken of the Indians
ly our pious ancestors, during the old charter, and by this
government under the new, even to this day, than was ever
required of us, by ihe British government." The report refers
to a law of the colony, of 1633, " to prevent injustice and
frauds towards the Indians ; " to efforts early and frequently
made to provide Instructers for the Indians; and to laws requir
ing magistrates to see fufl justice done them in all cases. It
added, " the Indians always had perfect confidence in the gov
ernment of the colony. We glory in its conduct, in this re
spect : we make our boast of it, as unexampled ; and we have
been free and spontaneous on our part."
At the general election, the last Wednesday of May, 1767,
governor Bernard gave bis negative to several gentlemen who
were chosen couns'eflors by the general court. They were
members of the house ; and were immediately appointed a
house say, "that they had spoken in their petition of their rights, so as not
to give offence, and so as that no inference should be drawn, either that they
had given up, or had set up in apposition to parliament ; but in a letter to
him they might be more explicit, and they then say, " that the people of
the colonies have the (sole) right to tax themselves, and that so far as par
liament should lay taxes on them, so far they should be deprived of their
right." * It is not stated which colonies the complaints of the Indians referred to.

history of MASSACHUSETTS. 187
committee to introduce to the governor other counsellors elected
in their place. A similar course was pursued by the represen
tatives at a later day ;* but livhether from recollection of the
former case does not appear. It was a singular instance, per
haps, that the governor proposed to the house, that if they would
elect Mr. Hutchinson and some other of his friends into the
council, he would consent to the choice of some of their par
ticular friends. The house declined to make any such compro
mise.! The people of Massachusetts were again alarmed, this year,
by the report, that bishops were to be supported in the colo
nies, under the patronage and at the expense of the British
government. There was probably, no formal plan of the ad
ministration to establish episcopacy in America as it was in
England, though some zealous members of that church wished
for such a measure. The fear was, that the congregational forms
of worship would be discountenanced; and the complaints
were therefore very general. Much was written on the sub
ject. Both laity and clergy deprecated such a plan : and the
agent in England was instructed to oppose it. Whether the
design of the British government, for giving greater support to
episcopacy in America, was ultimately to promote political pur
poses, or grew out of a desire in the bishops to extend the bor
ders of their church, and put down dissenters, can not easily
bedecided ; but the degree of apprehension was thesame, with
the people of Massachusetts : their aversion was to the system,
and not merely to the means of introducing and supporting it.-
It had been long suspected, that governor Bernard and Mr.
Hutchinson gave unfavorable statements of the views of Mas
sachusetts to the British ministry ; that they approved of high
duties and custom-house officers, and even ,of a military force
to assist in carrying arbitrary and oppressive acts of parliament
into operation. At the session of the assembly, in January,
1768, the governor sent them a copy of a letter he had receiv
ed from one ofthe ministers, approving of his conduct, and cen
suring the house, for its opposition to acts of parliament ; and
as being generally indisposed to a due submission tothe parent
government. The house requested of the governor, copies of
any communication he had made to the ministry, to which this
letter'was a reply. For they considered, from some parts of
the letter from England to the governor that he had misrepre--
* In 1811.
t This fact is mentioned by Mr. Hutchinson himself, in his III. Vol.

18S HISTORY OF MASSACHUSETTS.
sented their views and characters ; and led the king and his
ministers to think them unreasonably disposed to complain 'of
the measures of the British government. The governor de
clined to furnish any copies of his letters to the ministry ; and was
even unwilling the house should retain a copy ofthe letter he
had laid before them. They wished to communicate it to their
constituents, and to point out hs unfounded statements. After
some delay, he gave them a copy as they desired ; which was
soon after published. It was evident, from the tenor of the
letter, that the governor had censured, and in some measure,
misrepresented the general court to the British ministry. The
letter ofthe minister commended the governor for his negative
on the counsellors, chosen by the house ; but condemned the
house for not electing such counsellors as would be agreeable
to the governor. The conduct of the governor, in this in
stance, for writing privately to England, of the " bad spirit (as
he called it) ofthe people, of their opposition to the authority
of the parent government, and recommending that regular
troops be sent into the province, to keep the people in subjec
tion" — was noticed in the Boston Gazette, a paper devoted to
the cause of liberty, with some severe remarks on his charac
ter, as a friend of arbitrary principles. Of this the governor pub
licly complained to the house. They replied, " that in a free
country, and in times of political excitement, there would be
severe remarks ; and that his friends had represented, in some
ofthe papers, the supporters of the liberty and rights of the
province, to be bad men, and wholly governed'by selfish motives."
They therefore concluded to take no further notice of the pub
lication to which he referred.*
Attempts were made in 1767, to permit theatrical exh'hi-
tions, and to repeal the laws before made against them. In the
eariy days of Massachusetts, severe laws were passed against
them, but some unsuccessful efforts had been subsequently
made to abolish such statutes. The proposal, this year, to re
peal the old. laws, was equally vain ; a majority of the people
were opposed to such exhibitions and entertainments. They
considered them as calculated rather to corrupt than to im
prove the heart. They said, " they claimed, indeed, to be in
nocent amusements ; but they believed them the means of dis-
* The superior court set soon after iu Suffolk, and the chief justice, (Mr.
Hutchinson,) spoke ofthe libel, and told tho grand jury they were bound
by oath to notice it; and the attorney general laid a bill before them; but ,
they returned it, indorsed, " ignoramus."

HISTORY OF MASSACHUSETTS. 189
semlnating licentious maxims, and tending to immorality of con
duct."* The subject of slavery occupied the attention ofthe legisla
ture of Massachusetts, at one of the sessions in 1767. A bifl
was passed by both branches of the general court, to prohibit
the slave trade ; but the governor refused to give it his signa
ture. It was believed he had been so instructed by the British
ministry, probably through the influence of merchants concern
ed in this inhuman traffic, to prevent the passage of such an
act. In the time of Governor Hutchinson, several attempts
were made by the representatives of Massachusetts, to put an
end to this practice, which is so gross an outrage against hu
manity; but he also declined to give it his sanction, for the
same reason. His directions from the ministry prevented. As
correct views of civil liberty and of the rights of man prevailed
in the province, greater sympathy for the Africans was mani
fested ; and many owners of slaves gave up their claims to their
services. At this period, it was computed that one third within
the province were in Boston .f
In the disputes, between Governor Bernard and the house of
assembly of Massachusetts, for several years, he was unfortu
nate in his manner, and feeble in his argument, unless it was
enough merely to assert the supremacy of parliament. The
replies of the house were always able, and sometimes severe.
He often exposed himself to their just criticisms : and they
never failed to take advantage of his errors or his caprice. In
1767, he appears to have designedly avoided all dispute with
them, and to have them in session as Tittle time as possible.
The general court was a less time in session that year, than in
any other for a long period. The town of Boston, at this time,
requested the governor to call a meeting of the legislature ;
but he declined. And a meeting of the citizens of that patriot
ic town was holden in November, to consider the state of pub
lic affairs. Resolutions were passed, to encourage industry,
economy, and manufactures. A committee was also chosen
to obtain subscribers to an agreement not to use British goods,
and to refrain from the use of all unnecessary articles. The
subscribers were very numerous ; and many other towns in the
* The British ofiicers, then in Boston, frequently recited plays, or parts of
them, before some ofthe inhabitants ; which led to an effort, in those who
were pleased with the amusement, to obtain a repeal of the statute which
forbid them.
t Some negro slaves were brought into Massachusetts afterwards, in
1770, by the captain of a vessel from the West Indies ; they sued for their
liberty, and the issue was in their favor.
23

190 HISTORY OF MASSACHUSETTS.
province adopted a simflar resolution. The members of the
most respectable families appeared in a plain and unexpensive
dress ; and for tea and foreign fruit, substituted other and cheaper
articles for refreshment.
When the general court came together in January, 1768,
they were fully prepared for action. A large committee was
chosen to consider the state of the province. Mr. Cushing,
who was the speaker, as was then the usage, was the nominal
chairman ; but the more efficient and able members were
Samuel Adams, James Otis, Joseph Hawley, Colonel Otis, Sam
uel Dexter, and John Hancock. They prepared a petition to
the king, and to the ministry, a long message to the governor,
a letter of great power to their agent in England, and a circular
address to all the other provincial assemblies. In all these
papers, they were firm and decided in contending for their
rights, as Englishmen, and for such as their charter assured
them of: and at the same time, were temperate and respectful
to the king and the ministry. Their letter to the agent was
very elaborate ; and was justly considered an uncommonly able
document. And their circular to the other colonial assemblies
was calculated to cafl forth the patriotic zeal and efforts of the
friends of hberty in afl parts of America.
Their petition to the king, contained the strongest profes
sions of loyalty, and stated the sufferings and labors of their
ancestors in settling the province ; and contended for the author
ity of a subordinate legislature to make laws for the govern
ment and welfare of the people. Similar views were express
ed in the letter to ministers. In the circular to the general
assemblies ofthe other colonies, they referred to recent acts of
parliament, which were deemed oppressive, and incompatible
with the rights of the people and ofthe legislatures in Ameri
ca ; as those imposing duties and restrictions on trade; estab
lishing courts of admiralty, in which causes were decided with
out juries, and exorbitant fees demanded ; and quartering troops
among the people in time of peace. They wished to know
the views and sentiments of the several assemblies, on these
and other topics, regarding the liberty and welfare of the colo
nies. Their letter to their agent in England contained afl the
arguments used in their public papers ; but was far more full
and elaborate. Some extracts from it are necessary to show
not only the views, but the abflity of the men of Massachusetts,
who conducted the interesting controversy, at that period, with
the administration in England.*
*John Dickinson, the author ofthe "Farmer's Letters," said — "Never will

HISTORY OF MASSACHUSETTS. 191
" The fundamental rules of the British constitution are the
only security of the subjects of the whole empire ; and it is a
security to which all in every part of the kingdom are entitled.
The supreme legislature, in every free state, derives its power
from the constitution ; by the fundamental rules of which it is
bounded and circumscribed. As a legislative power is essen
tially requisite where the powers of government are exercised,
the legislative assemblies in America, (it is conceived) were
erected, as their existence and the free exercise of their pow
er within their several Ihnlts, are essentially important and ne
cessary to preserve to the subjects in America the advantages
of the fundamental laws of the constitution. When we speak
ofthe rights of the people in America and of the interest we
have in the British constitution, in common with other British
subjects, we shall not be suspected of the most distant thought
of an independency of Great Britain. We know some have
supposed this ofthe colonists. But it is so far from the truth,
that we apprehend the colonies would refuse it, if offered them,
and would deem it a misfortune to be separated from the gov
ernment of England. Whfle we have the full enjoyment of
the rights of our happy constitution, there will be no grounds
of envy or discontent on the one hand, nor of jealousy and dis
trust on the other. It is the glory of the British constitution,
that it has its foundation in the laws of God and nature. It is a
natural and essential right, that a man shall quietly enjoy and
have the sole disposal of his own property. This right is re
cognised in the constitution. And this natural and constitu
tional i-ight is so familiar to the people in America, that it
would be difficult, if possible, to convince them that any neces
sity can render it just and equitable that parliament should im
pose duties or taxes on them, internal or external, for the sole
purpose of raising a revenue. The reason is obvious : because
they are not represented and their consent cannot constitution-
afly be had in parliament.
" When the parliament, soon after the repeal of the stamp
act, thought proper to declare its authority and right to make
laws, which should in all cases be binding on the colonies, it is
probable that acts for laying taxes, internal and external, were
my heart become insensible, (till it is indifferent to all worldly things,) of
the obligations I owe to the people of Massachusetts, for the vigilance with
which they have watched over, and the zeal and firmness with which they
have maintained the liberties of the colonies." " If America is saved,"
(said the citizens of Philadelphia,) " from impending danger, Massachusetts
must be considered the guardian." P. Randolph said, " I consider the
people of Massachusetts as very vigilant and steadfast guardians of Ameri
can liberty."

192 HISTORY OF MASSACHUSETTS.
included ; for the act, lately passed, imposing duties on paper,
glass, tea, and painters' stuffs, as wefl as the sugar act and
stamp act, are in form and substance as much revenue acts, as
those for the land tax, customs, and excise, in England. We
humbly conceive, that objections may be justly made to thein ;
and we think it can be shown, that they are oppressive and inju
rious. The security of right and property is the great end of
government ; and such measures as tend to render right and prop
erty precarious, tend to destroy both property and government.
But what property can the colonists be supposed to have, if
their money may be granted away by others, and without their
own consent? Yet this is the case at present; for they were
in no sense represented in pariiament when the act for raising
a revenue in America was passed. The stamp act was com
plained of as a great grievance ; and is there any difference
between the late act and the stamp act ? They were both
designed to raise a revenue in America.*
" The original contract between the king and the first setflers
here, was a royal promise, in behalf of the nation, that if they,
at their own charge, would subdue a wilderness, and thus
enlarge the king's dominions, they and their posterity should
enjoy such rights and privileges, as in their several charters
are expressed ; which are the rights, liberties, and privileges of
natural born subjects within the realm. The principal privilege
implied, and in most charters fully expressed, is a freedom from
all taxes, but such as they shall consent to, in person or by
representatives of their own free election. King James II. broke
the original charter ; but, happily for us, his arbitrary conduct
was disapproved in England. The charter of this province
was restored, with nearly equal privfleges and rights; especially
that of a representative assembly, with the power of laying
taxes and regulating the internal concerns of the province.
" By the common law, the colonists are adjudged to be natu
ral born subjects. So they are declared by charter ; and they
are so by the spirit ofthe law of nature and nations. And no
jurist, we think, will deny, that they are entitied to all the
essential rights, liberties, and privileges of the king's subjects
' In 1767, an act of parliament imposed duties on glass, tea, paper,
painters' stuff, &c., imported into the colonies ; not as a regulation of trade,
but to raise a revenue ; and that revenue to be, not for the colonial treasure
ies, but for such purposes as the British ministers should direct. This
was in pursuance of tlie declaration of parliament, on repeal of the stamp
act, " that it had aright to bind the colonies in all caf^s wliatever." At the
same time, ,i board of British commissioners was established in Boston, to
collect and distribute the duties ; and several military companies were also
sent into the province to aid the custom-house oflRcers. Hence the letters
and petitioijs aboye weutioned.

HISTORY OF MASSACHUSETTS. 193
born within the realm. The attorney general told King James,
' that he could no more grant a commission to levy money on
his subjects In the colonies, without their consent, by their
assemblies, than he could discharge them of their allegiance to
the crown.' "
They also referred to the injury on trade arising from the
duties on imported goods and products, and stated that they
should not be able to take the manufactures of England as they
had done. It was said, that Great Britain received twenty-five
per cent, more than would have been paid, if the colonies had
taken them from other places. Goods were brought annually
into the colonies from England, of the value of about two mil
lions; and the tax really paid on them was four hundred thou
sand pounds. The restrictions on commerce, by which the
colonies were prohibited from trading directly to other ports
than English, were also shown to be for the benefit of Great
Britain, and injurious to the people in America. Objections
were likewise made to the appropriation of the revenue, thus
to be raised, which was to support numerous officers appointed
in England, and a standing military force to compel the people
to submit to the arbitrary acts of the ministry ; and they mention
ed the dissolving of the general court in New York, by a
ministerial order, because it declined to provide for quartering
the British troops in that colony ; and pointed out the injustice
of such a measure.
The governor and his political friends in the province were
hi'j;hly displeased with the proceedings ofthe general assembly
in January, 1768 ; particularly with their circular letter to the
other colonies, in which their opinions were requested on the
interesting subjects therein suggested. The measure was rep
resented as having been urged by a few factious, discontented
men ; and as designed to form a united opposition in the colo
nies to the late acts of parliament. Such representations were
made by the governor that the British ministers gave him
directions, that unless the circular letter was rescinded to dis
solve the general court. The governor informed them, that
such orders had been received. The house requested copies
of the minister's letters ; and also of the governor's letters to
the ministry. They were desirous to know what he had writ
ten ; for they believed he had misrepresented their views,
touching the circular to the other colonies. They had not
proposed a convention, nor any other plan of united opposition :
and, on former occasions, such meetings had been held without
giving offence to the government in England. There was a
general desire, therefore, to see the late letters of the governor

194 HISTORY OF MASSACHUSETTS.
to England ; but he declined : and the house refused, by a
large vote, to rescind their circular letter. They also said, it
would be of no avail ; for the letters had been sent several
months before ; and no further action was intended by them.
On their message to the governor,* stating that they had voted
not to rescind, he immediately adjourned the court ; and the fol
lowing day issued a proclamation to dissolve it.f
This measure of the governor served only to increase the
opposition, and to inspirit the leaders to greater resolution and
activity. It was not in character for the patriots of that day to
be easily intimidated, or driven from their purpose. Their
minds were made up for the crisis, whenever it might arrive.
And no obstacles or menaces could check their zeal in the just
cause in which they were engaged.
In the month of June, at the instance of an officer of the cus
toms, a vessel belonging to a merchant of Boston was seized
by a boat's crew of an English ship-of-war in the harbor, and
forcibly taken from the wharf to the ship. The act was com
mitted in a violent manner, by cutting her fasts ; and the peo
ple were highly exasperated on the occasion. They assembled ^
in the evening, and committed some disorders, and insulted
some of the officers of the British ship, whom they found in
the town. The seizure of the merchant vessel was made
merely on suspicion, and unnecessary violence was committed
by those who seized her. The general court was consulting on
measures to punish the rioters when it was dissolved. The coun
cil, remaining in session, made a report on the subject, and
authorized the governor to offer a reward for the detection of
those concerned in the riot. But, at the same time, gave an
opinion, that the seizure was an aggravated affair, and that
some excuse was to be made for the irritation and disorder
among the people afterward. J
The proceedings of the council, at this period, were firm
and judicious. They addressed a letter to the agent of the
* More than five sixths of the members of the house voted not to rescind.
When the house gave the governor notice of their vote, they said " they
were actuated by a sense of their duty to God, their king, their country,
and their posterity ; and they hoped his future conduct would be governed
by the same principles."
t There was no secrecy in preparing and voting to send the circular to
the other colonies ; and the governor was informed of the measure at the
time by a committee of the house. The minister in England told the
agent, " that he saw nothing unreasonable in it." The excitement was
owing to a belief of gross misrepresentation by the governor.
t Mr. Pitt said in parliament, at this time, when opposing the oppressive
measures of the ministry towards the colonies — "'The Americans have
been wronged ; they have been driven to madness by your injustice —
Will you punish them for the madness you have occasioned ,' "

HISTORY OF MASSACHUSETTS. 195
province, and to the ministry in England, complaining of the
order to dissolve the house of representatives. They Insisted,
that the circular letter to the other colonies did not merit such
a course; the letter merely asking and giving advice. They
spoke of the alarm and discontents of the people arising from
a dissolution of the general court ; of the oppressive effect of
the new duties ; of the arbitrary conduct of the officers of
the customs ; and especially ofthe quartering of regular troops
in the province.*
It was a period of great excitement, and every friend of
liberty and constitutional law was anxiously meditating what
course was proper to pursue. The merchants renewed the
agreement not to import the manufactures of England ; and
articles of mourning were dispensed with at funerals. The
citizens of Boston met again, and prayed the governor to call
the general court together, which he declined to do. He
informed them, he could not summon the court, without -an
order from the British ministers ; and if he should call them
together, and they would not rescind the circular letter, or
confess the error of issuing it, he should again dissolve it. They
then proposed a convention In Boston, and requested all the
towns in the province to choose members to attend it. A con
vention was accordingly holden in that place, in September,
1768, composed of delegates from more than one hundred
towns. They were in session several days. The first measure
adopted was a request to the governor to call a general court.f
But he refused to receive the petition, and said, it was an unau
thorized and irregular meeting. The convention disclaimed
all legislative and governmental authority ; and declared the
cause and object of the meeting were the alarms of the people,
and the obtaining of rehef from the oppressive system of imposts,
custom-house officers,! and regular troops ; which were griev
ances to the province, and incompatible with its just authority,
its rights and liberties. They recommended to the people to
refrain from all acts of violence and tumult, and to submit to
all legal authority, tfll some way of relief should be opened to
them. They prepared a letter to the agent of the province m
* Mr. Hutchinson says " that after the lieutenant governor was left ouf
of the council, there was little freedom and independence in that body ;
and that it became subservient to the views ofthe leaders in the house."
t At this meeting, it was also voted, that the people of the province be
advised to furnish themselves with fire-arms : and that a day of fasting and
prayer be observed.
t The officers of the customs were very obnoxious to the people. The
cadets, the governor's guard, voted not to dine with the commander-in-
chief, on a public occasion, (June, 1768) if the commissioners were invited.

196 HISTORY OF MASSACHUSETTS.
England, and a petition to the king. In these, they said there
was reason to fear, that misstatements had been made, by some
in authority in the province, as to the conduct and designs of
the people; in consequence of which regular troops were
ordered to be stationed among them. They complained that
the general court had been dissolved, and that petitions before
forwarded to the king had not been presented. They stated
that the people did not wish for independence, nor were pro
moters of riot and violence. " We hold that the sovereignty of
his majesty. King George Third, (they said) is entire in afl parts of
the British empire ; God forbid, that we should ever act or wish
any thing In repugnation of the same. We appear as plain,
honest men, humbly desiring peace and order ; and whfle the peo
ple observe a medium between abject submission and a slavish
stupidity under grievous oppressions, on one hand, and illegal
attempts to obtain relief, on the other, and steadily persevere
in constitutional applications to recover their just rights and
liberties, they think they may promise themselves success."
So prudent and temperate were the proceedings ofthe con
vention, that, though the governor and his friends, at first, con
sidered it highly irregular, they spoke of its conduct afterwards
without censure. Some of the government party said, "it was
destitute of spirit, and that the expected arrival of more troops
intimidated a majority of the meeting." It was a season of
uncommon anxiety and apprehension through the province;
and it was difficult to decide, whether forbearance and modera
tion, or more spirited measures, were the most proper, and the
most suitable to guard against continued or even greater acts of
oppression. It was evident, there was a determination in
ministers to enforce the acts of parliament, which in the prov
ince were considered unjust, even at the point of the bayonet.
Whether they had adopted such a determination, from their
own conviction, that it was necessary to carry the laws into
effect, at all hazards ; or whether the advice of Governor Ber
nard, and others in Massachusetts, had induced the ministry to
adopt such a course ; the belief of the people in fact was, that
a standing army would be sent into the province, to awe, or to
coerce them into submission.
This was a perilous condition, and required not only resolu
tion and spirit, but wisdom and prudence.* The province was
* From 1763 to 1766, James Otis, Jr., an eminent attorney of Boston,
was the leading member ofthe house of representatives. His father, an
inhabitant of Barnstable, was also one of the zealous and active advocates
for the rights ofthe province. The education of the son" was superior to
that of the father : but both had talent, and energy of character. Mr.

HISTORY OF MASSACHUSETTS. 197
weak, and England was powerful — a contest of force, at that
time, would have been the extreme of folly and rashness. And
yet, quledy to acquiesce in the measures of administration, was
not in character for the men of that day, and it would have
proved fatal to the cause of constitutional liberty. Prudent
counsels prevafled ; and the effect was eventually favorable.
There was no apathy, and no servile submission to arbitrary
power. Proper remonstrances were made against the oppress
ive measures under which the people of the province were
groaning; and a spirit was gaining strength, as information
prevafled, to meet impending difficulties. One of the greatest
evils felt, was the want of a house of assembly, a constitutional
body, to oppose tyranny, and to defend the people in the
enjoyment of their rights and liberties. For, if the British min
istry could prevent the general court sitting, as they pleased, the
regular way to seek relief and to oppose arbitiary measures
could no longer be used. The evil was in some measure miti
gated by the vigilance and firmness of the council. They
could be a check, in some cases, on the governor, though they
could not perform any acts of legislation.
On the day ofthe adjournment ofthe convention in Boston,
or only the evening before, two regiments of British troops
arrived from Halifax, which had been ordered by General
Gage, in compliance with instructions from England, to be sta-
Hutchinson charged them with ambition and selfishness ;' while the peo
ple generally were unable to account for his public conduct, except from
the love of office and power. Samuel Adams, of Bostbn, was among the
early supporters Of the rights and liberties ofthe people. Before he was a
member ofthe house, he had great influence with the committees, appoint
ed to prepare state papers, and took the lead in the proceedings of the town ,
rtlating to public affairs. He was chosen a member of the house in Sep
tember, 1765, in the place of Oxenbridge Thacher, (who died at that time)
who was a very learned, judicious, and able friend of the province. Tho
mas Cushing, who was often speaker of the house, was a member for Bos
ton, and a warm supporter of civil liberty ; but he was not qualified to be a
leader of opposition, in a time like that of 1765, and 1770. James Bowdoin
was distinguished for wisdom, discretion, and cool judgment, yet not defi
cient in energy and decision of character, to contend against the ablest
advocates of the British government. He was generally chosen into the
council ; and was there a great supporter ofthe measures proposed by the
whigs in the house. He was also a scholar and a philosopher, Samuel
Dexter, in some respects, was of a similar character to Bowdoin ; a man
of the first education, of great reading, and well versed in the writings of
Locke, Grotius, Hampden, Sidney, and Harrington, Joseph Hawley, an
eminent lawyer of Northampton, was more like Otis ; ardent, zealous, and
eloquent ; and in his writings aKiinst the friends of arbitrary power, full of
severity and sarcasm. Thomas Saunders, of Gloucester, and Joseph Ger
rish, of Newburyport, were men of influence in the house, and had the
honor of being several times rejected by the governor, when chosen coun
sellors, merely because they were opposed to his arbitrary principles, and
to the measures of the British ministry.
24

198 HISTORY OF MASSACHUSETTS.
tioned in the capital of Massachusetts. One or two others
were also expected from Ireland ; intelligence having been
received that orders had been issued for that purpose. The
alarm produced by these events was universal and extreme.
To have regular troops stationed in the province in time of
peace, was altogether unprecedented. The only design was
seen to be to compel obedience to the arbitrary orders of cus
tom-house officers, or of the governor, who was disposed to
maintain his authority (and of the extent of his authority he
was to be sole judge) at every hazard. And the prospect was
the more exciting and alarming, as it was known that the gov
ernor and some others had given ministers an opinion, that
order and law could not be maintained in Massachusetts with
out an armed force.
The popular excitement was so great, at this time, that the
governor was alarmed for his personal safety. Some of the
people were too much inclined to jnobs ; and though most of
the reflecting part of the town did not approve such violences,
it was said, they did not use afl possible efforts to prevent or
punish them. Probably, the governor was conscious he had
been the cause of sending troops into the province. He had
been often charged with advising to it. Mr. Hutchinson says,
that General Gage, at New York, then commander of the
British forces In America, had orders to send troops to Massa
chusetts, whenever Governor Bernard should desire it. He
once asked the advice of the councfl (in 1767) whether he
should apply to General Gage for troops : and he enjoined se
crecy under their oaths, when he requested their consent.
They advised against it ; and the troops were not applied for,
at that time. Whether he made a request for them again in
1768, does not appear ; but the people generafly supposed, that
it was in consequence of his representations, the troops were
sent in that year. Governor Bernard proposed leaving the
province, at this period ; and said to his friends, that he had
been more happy in New Jersey than in Massachusetts. The
troops came, and he seems to, have been more wflllng to re
main. The house had before this requested the British min
istry that Governor Bernard might be recafled. He was very
unpopular at this time ; for it was known that he had greatly
misrepresented the province.
Before the troops arrived, the governor informed the coun
cfl, that they were soon expected, and desired them to order
a place and provisions for them. The council advised that the
selectmen of Boston might be consulted ; but they declined
acting in the case. The governor then pressed the subject

HISTORY OF MASSACHUSETTS. 199
again before the council. They gave an opinion, after some
deliberation, that the troops should be stationed at the castle ;
and offered as reasons, that there was no necessity to quarter
them in Boston, and that the accommodations at the castle
were sufficient ; at least for the two regiments expected from
Halifax; and they hoped no others would be ordered. The
governor replied, that the directions were for part of the troops
to be stationed in Boston, to preserve the peace and order of
the town.* It was only proposed at first, to quarter one regi
ment in Boston, and to have the other stationed on Castie Is
land. But, the commander was told, on his arrival, that both
the town and the governor's councfl were opposed to having
the troops stationed in Boston ; and he resolved to land all in
that place, instead of the castle. When desired to provide
quarters for them, the councfl said there were barracks at the
castle unoccupied, and that was the proper place for them.
Under a pretence, that the troops were wholly under control
of the colonel, and that he had no authority in the case, the
governor had invited the military officers (and some others) to
be present in councfl, when the request was made to the board,
for quarters for the troops. And the colonel presumed to give
his opinion, at the councfl board ; " saying, that no man out of
Massachusetts would have objected to such a request, and that
they bad put a wrong construction on the act of parliament,
which provided for the quartering of troops in the colonies."
He also threatened to give information to the ministry, of this
refusal of the councfl .f The officer was so inconsiderate as
to say, that there was a bad spirit in Boston, which had induc
ed him to land both regiments there. The council re
plied, that he was mistaken ; and they hoped he would repre
sent to the authority in England, that the people were peace
able and orderly; and wquld prevent the sending of more
troops into the province. The council finafly consented, that
the governor, if he saw fit, might quarter the troops in Bos
ton, but that the expense must niSt be on the province, but on
the British government.^
* The people said, " to overawe the friends of liberty, and to support
British agents and officers in their conduct, howsoever oppressive or arbi
trary :" and " that the troops would not have been sent, but by advice of
ill-minded persons."
t This was singular conduct ; and justly alarmed' the friends of civil lib-'
erty. The representatives of the people were not allowed to assemble ; and
even the council was overawed by the presence of a military officer, who
was not of the board.
tThe frame of a guard-house, which the British colonel, Dalrymple, had
put up, at the south end of Boston, on the neck, was pulled down by tha
mob, the evening of October 10th, 1768.

200 HISTORY OF MASSACHUSETTS.
Soon after, General Gage arrived in Boston from New York,
probably by request of Goiernor Bernard, and he too was in
vited to be present in council, when the governor asked advice
as to the disposition of the regiments then expected from Ire
land. The governor proposed that the manufactory buflding,
the property ofthe province, should be fitted up for the troops.
After much urging by the governor, six out of eleven of the
council consented that the buflding might be used for that pur
pose, provided there was not sufficient room at the castie ; and
that the expenses be borne by the crown. The governor af
terwards, ordered the sheriff, accompanied by Mr. Hutchinson,
to take possession, if he could peaceably : but he was prevent
ed, (as Hutchinson says,) "by some of the first-rate sons of
liberty." General Gao;e then hired houses for the troops; but
this was not done, without great difficulty. There was a strong
objection to having regular troops in the town or provinces, ,
and few were so sordid as to barter their principles of hberty
for gold. While General Gage was in Boston, the council
presented an address to him ; with a view to apologise for the
late disorders, and to show that troops were not necessary to
the quiet of the province, or the execution of the laws : and
desiring him to order the troops in Boston to the castie, and
to prevent any more coming into the province. The council '
-of the next year complained that General Gage had misrepre*
sented the state and temper of the people, and had advised,
that the troops be kept in the province. P-erhaps, nothing
better could be justly expected of a military chief.
The prospect at this period (the winter of 1768-9) was encour
aging to the friends of administration, and the opposition party
was almost ready to despond. There was no house of assem
bly — the governor and his supporters had the confidence of
ministers — their ill reports of the province were believed, the
oppressive and obnoxious laws were in full operation, and sev
eral regiments of mercenary troops had been sent into the
province to enforce those laws. Arbitrary power was trium
phant. The people indeed, complained, the councfl com
plained and remonstrated — but however just their complaints
and remonstrances, the strong arm of power was against them,
But the genius of liberty was not dead nor asleep. There
was a spirit of Inquiry and of resolution abroad among the
people ; and most were ready to suffer every thing in support
pf civil liberty, for which their fathers had struggled.*
* Governor Bernard wrote to the ministry, that some of the people of
Massachusetts were mad enough to declare " that they were ready to dje
^or liberty." This was a strange sentiment to the governor!

HISTORY OF MASSACHUSETTS. 201
It was found, that acts of parliament for quartering troops, and
for sending persons suspected of t^jpason to England for trial, had
been repealed, or were of no force. And after a few months,
the friends of liberty took fresh courage, and resolved never to
despair of the commonwealth. When Governor Bernard was
requested to call the general court together and declined, he
said he could not do it, till directed by the King's ministers.
But in the spring of 1769, writs were issued for the choice of
representatives to meet the last Wednesday of May. ' He
probably received instructions for that purpose. His conduct
was not fully approved in England ; and he was certainly de
ficient in discretion, or in a conciliating temper. The riots were
prejudicial, in some degree, to the character of the province ;
but the temperate and prudent conduct of the council and the
moderation of the convention which was held in Boston, serv
ed to convince the administration in England, that the people
of Massachusetts were notdisposed to rebellion, but were loyal
and friendly to law and order. The military force, howev
er, continued in Boston, ready, when necessary, to support the
governor and other officers of the crown.
But the spirit of liberty was not subdued, under afl this
formidable- array of power. There was, indeed, a mighty odds,
and yet patriotism was watchful and active. When the house
assembled, a resolve was 'passed, approving the firm and faith
ful conduct of the council, during the suspension of the court:
and a solemn protest was made to the governor, even before
his regular and usual speech to them, against stationing troops
in the province in a time of peace, and placing a portion of
them near the house where the legislature met, as if to over
awe them in their deliberations for the welfare and liberties of
the people. They said, " the experience of ages was sufficient
to show that the military power is ever dangerous, and subver
sive of free institutions. The councfl has publicly declared,
that the military is unnecessary for the support of civil author
ity in the province : Nor can we conceive that his majesty's
service requires a fleet and army here, in this time of profound
peace. We have a right to expect that your exceflency will
give the necessary orders, as the king's agent, for the removal
ofthe troops and ships, out of this port, and from the gates of
this city, during the session of the general court." They also
declared, that it was their purpose to support the king's author-
'ity, and- the welfare of the province, — to make a thorough in
quiry into the grievances of the people, and to have them
redressedj, to reform fllegal proceedings and maintain public
liberty : for that these were the great ends for which the court

202 HISTORY OF MASSACHUSETTS.
had assembled.* The governor replied, "that he had no
authority over the ships in the harbor, nor the troops in the
town ; and therefore could give no orders for their removal."
This gave no satisfaction to the representatives, nor to the
people. The great principle, both in England and the colonies,
was, that the military must always be subordinate to the civfl
authority. But here were nearly four regiments, consisting of
about two thousand troops, above the control and orders of the
civfl power, and solely at the command of a military officer.
The declaration of the governor, therefore, served to increase
rather than to allay the fears of the people. Before attending
to the usual business of the session, or choosing counsellors, the
house adopted resolutions and a protest, in which they declared
that they would, to the utmost of their power, support and
maintain a constitutional freedom in their elections, debates and
dehberations, — that having an armed force by sea and land, in
and near the metropolis, while the legislature was in session,
was a breach of privilege, and inconsistent with that dignity
and freedom, with which they had a right to deliberate and de
termine. And that they proceeded to take part in the elec
tions of the day, from necessity only.
In a short speech to the general court, the governor profess
ed to aim at the honor of the crown and the welfare of the
people; and said these two objects were, in his view, quite
consistent. But his conduct gave no evidence that he sought
the latter, however desirous he might be to maintain the former.
He declined the proper exercise of his authority, as chief
magistrate ofthe province, and left the disposition of the troops
entirely to the control of their immediate commander. This
was a gross error, either in Governor Bernard, or the ministry,
by whose instructions he acted. He also gave his dissent to
eleven gendemen chosen into the councfl ; among whom was
Bowdoin, and several others, truly discree,t and moderate men,
even in their political conduct.f
The house 'of representatives declined proceeding to the
ordinary business of the session; and a third time protested
lagainst the troops being stationed in Boston, and especially by
the court house. They said it was an insult to the representa
tives, and to the province ; and they again expressed their sur
prise, that the governor should say, that he had no authority or.
* Part of the British troops were quartered near the State House, anfl
their cannon placed just by the doors. Some were in the market house,
;and some in a building called the Manufactory House.
t Arteraas Ward, John Hancock, William Brattle, and Walter Spencer,
..were of the number.

HISTORY OF MASSACHUSETTS. 203
control over the troops in the province. He, in reply, com
plained that they had been together fifteen days, and transacted
no moife of the public business. He said they were expending
the people's money, without doing them any service. They
retorted, " that they must judge what the Interests of the peo
ple required, and should presume on their approbation, whfle
defending their rights. The people would not complain on
account of the expense of a few days continuance of the court,
so that their liberties were preserved." When the governor
found the house thus firm, he adjourned the general court to
Cambridge; and there again reminded them that much time
had been spent, and the public business remained undone. He
stated what he thought necessary should be attended to, and
requested them to despatch it, that the legislature might be
adjourned. The house passed resolutions, expressing their
opinion of the arbitrary and unconstitutional conduct of the
British ministry, in ordering troops into the province, to awe
the proceedings ofthe legislature, and to compel the people to
submit to oppressive taxes. They declared their loyalty to
the king, and their determination to submit to his authority;
but believed that he had' been deceived by misstatements from
his agents and officers in the province, who must have known,
that the people were seeking only to maintain their rights in a
legal and constitutional manner.
A few days after. Governor Bernard informed the general
court, that the king had signified his pleasure that he should
repair to England and give an account of the state of the pro
vince. The house, in their reply to this notice, said they were
bound at all times to acquiesce in the directions of the king,
and that they cheerfully did so, in the present case, particularly.
They hoped he would give a true statement of the province,
for they had reason to believe, that he and others had given
false accounts of the views and designs of the inhabitants.
They were desirous, they said, that all those who had wickedly
excited the displeasure of the king and his ministers against
them, should be removed from all trust among them; and they
were satisfied they could answer for themselves and constituents'
whenever called upon. The governor had urged a grant, both
to himself and the lieutenant governor, after his departure;'
they repfied that they should duly guard the money of the-
people, and make no grant but such as they thought proper;;
b'Ut that they should be always ready to provide for a support;
for the governor, according to the ability ofthe people.
In a message, a few days later, the governor cafled on the
house to make provision for the troops in Boston and at the

204 HISTORY OF MASSACHUSETTS.
castie. The house took no notice of the request; and he
again desired that they should provide for them, without delay;
suggesting that there was an act of pariiament requiring it to
be done. He further asked the house to build more barracks
for the accommodation of the troops. This was probably done
to find more matter of complaint against the province ; for, no
doubt, he expected they would refuse. The answer of the
house, to these messages, was as firm and spirited as any com
munication ever made, by any assembly, to the royal governor.
A part of it is given, to show that their resolute spirit was not
subdued: "We are surprised, that your exceflency had the
request of General Gage, and the military commander here, so
long before it was made known to us, — and that when one
message had been sent us, another 'quickening demand' so
soon followed. It is yet more surprising, that when his
majesty, in the late wars, in which this people freely bled with
his regular troops, only requested our aid, it is now demanded
in an imperious tone, by the barrack-master, or commander of
a regiment. Such an indignity to your excellency's high sta
tion would have been an affair between your excellency and
the barrack-master, had it not have been laid before us, as an
appendage to the message you were pleased to send us.
" We have already declared our sense ofthe injury done this
people by the exertions of a fevr selfish persons, who have caused
the quartering of regular troops among us, in a time of peace.
Even in a time of war, the act of parliament only requires pro
vision to be made by a colony for a short time, while they are .
on their way to their final destination. * * * The whole con
tinent has been sometime distressed with acts of parliament,
imposing taxes, for the purpose of raising a revenue, on the
people without their consent, or that of their representatives, —
and we take leave to say, that we deem all such acts to be for
laying a tribute, for the purpose of dissipation among pensioners
and placemen. And if the present be continued, it wfll be
difficult to distinguish the case of widows and orphans in
America, plundered by infamous informers, from those who
suffered under the most oppressive of the Roman governors of
provinces. The free representatives of the yet free people of
America, are called upon to advance such sums of money, as
those may demand, over whom they have no control. As the
agents of the people we ought to grant only what we think
reasonable, and they have abflity to pay. Your excellency
must excuse us, therefore, in this explicit declaration, that as
we cannot, consistently with our honor or interest, and much
less with ihe duty we oive our constituents, so we never shall

HISTORY OF MASSACHUSETTS. 205
make provision, for the purposes in your two last messages men
tioned." Governor Bernard did not suffer this high-toned message
from the house to go unnoticed. He said he considered it as
going entirely to deny the supremacy of pariiament, and setting
up their authority as above that of the parent government :
That no representations of his were necessary to shov^ the
ministry that his add their authority were at an end in the
province ; their own declarations being sufficient to establish
the fact. The day after this reply of the governor to the
house, he prorogued the general court to January. But the
house took time to prepare a second petition to the king, for his
recall from the province; in which they referred to numerous
Instances of his arbitrary conduct, and represented him as an
enemy to the liberties and welfare of the people. The coun
cil was as much dissatisfied with his administration as the
house; and it afterwards appeared that some of the British
ministry disapproved of his course, and admitted that he had
represented the province as requiring an armed force to keep
it in order.
On this, as well as on other occasions, the neighboring
colonies looked to Massachusetts for direction and example, in
the political dispute with the parent state. They considered
her as taking the lead in the cause of civil liberty, and as op
posing the agents of arbitrary power, for the benefit of all. It
was, indeed, a common cause ; but from her comparative
strength and her past efforts, Massachusetts was observed with
peculiar interest. Had her statesmen and patriots faltered,
the other parts of the country would have hardly dared to op
pose. The friends of liberty, in different colonies, acknow
ledged the great services of Massachusetts, and often encour
aged her by their gratitude and commendation.*
* A resolution was reported by the house, in June, 1769, " that no law,
made by any authority where the people were not represented, was binding
on them." It was altered, afterwards, however, so as to refer to laws im
posing taxes, duties, &c.

25

CHAPTER XIV.

British troops remain in Boston — General Court adjourned a, long time-
Statement and Protest of the Citizens of Boston— Massacre in Boston,
March, 1770 — General Court held in Cambridge — House remonstrate
against it — Riot at Gloucester — Ministerial instructions — Gov. Hutchin
son's political views — Dispute continued, on holding the General Court
out of Boston — Governor's salary paid from England — Courts — Mr. Han
cock — Public finances — Samuel Adams — Controversy on salary of Gov
ernor and Judges — John Adams — Proceedings of Boston — Their state
ment and circular.
The continuance of the British troops in the province was
a subject of deep and constant complaint. For there could be
no reason given for retaining them, but to compel obedience to
severe and oppressive acts of the parent government. None
but arbitrary measures would be opposed by so loyal and sober
a people. Some of the ministry were opposed to sending or
continuing them in the province ; and many members of the
house of commons condemned it as an impolitic measure. But
the majority beheved the statements of Governor Bernard, and
therefore advised to it; and when requested to withdraw them,-
chose to try the experiment a httle longer. The troops were
kept in strict discipline, for some months; and few complaints
were made of gross insults offered to the people.*
There was now another long period without a session of the
general court. The king's representative in the province had ,
power, not only to call a meeting of the legislature at such
time as he chose, but to prorogue it as long as he saw proper,
without their request or consent. This was one of the in
stances of arbitrary power, in Governor Bernard. It had been
tisual to have a session in the autumn ; but thoiigh much pub-
• Impressments were frequent, at this period, by officers of British ships
of war. The lieutenant of the Rose frigate, in attempting to impress men
from a vessel of Marblehead, was opposed and killed. Four men of the
American vessel were tried for murder, and acquitted. Lieutenant Gov
ernor Hutchinson, then Chief Justice, was opposed to having a jury, con
sidering it an admiralty case ; but the majority of the court were in favor
cf a jury.

HISTjORY of MASSACHUSETTS. 207
lie business required attention, he adjourned the court to Janu
ary, and soon after safled for England.*
But if the representatives of the province had no opportu
nity to act, as a body, in maintenance of their rights, the peo
ple were vigilant and watchful, in this respect, as far as con
sistent with law and order. And in no other way, were they
disposed to proceed in opposition to the oppressive measures
by which they suffered. It was only a very few who advocated
riots and mobs. The people were generafly deeply sensible of
the evfls of a standing army in the province, of the British law
for raising a revenue, and of the numerous custom-house offi
cers, who had no sympathy for the inhabitants, and who were
ready to use the greatest extent of the power with which they
were clothed.f Many towns instructed their representatives tq
make all possible efforts for the removal arid redress of these
grievances. Boston, the capital of the province, where the
citizens were alike intefligent and patriotic, prepared an address
to the king, at this time, for the purpose of vindicating the
character of the town and province, from the misrepresentations
of Governor Bernard, and appealing to the favor and magna
nimity of their sovereign. They averred that they sincerely
desired a continuance of the union with Great Britain. They
explicitly declared, that they considered their rights were in-r
vaded by the late measures of administration; and protested
against acts for raising a reyeriiie in the province without their
consent ; against a board of commissioners of the customs, the
quartering of troops, and the instructions of ministers having
the force of law.
At the same time, the merchants, and other citizens of Bost
ton, renewed the agreement for not importing and using British
goods. J A very few, only, declined subscribing the agreement,
two of whom were the sons of the lieutenant governor, who
became very unpopular by this refusal. At a very large meet-:
* Governor Bernard was very unpopular in the latter part of his adminis
tration. He had advised to the appointment ofthe counsellors by the king,
and to recall all commissions given to improper persons ; intending such as
were opposed to his arbitrary measures. Bowdoin, S. Adams, and James
Otis, Jr., were expressly iiamed. Governor Bernard was so obnoxious,
that, in 1767, at the public examination ofthe schools in Boston, the select
men declined inviting him.
t In 1769, it was proposed to send to England for trial any persons ac
cused of unjust opposition. This gave great alarm, and called forth the
clamors ofthe people.
t Arnold Welles.'Edward Davis and Henderson Inches, were the commit
tee to ascertain who violated the agreement. There was a fear that inter
est might sway some to evade it, as well as political views.

208 HISTORY OF MASSACHUSETTS.
ing, the town voted to prevail with all importers of goods, to
conform to the agreement; and while assembled, the lielenant
governor sent the sheriff to disperse them, and to foibear afl
such unlawful meetings.* It was voted, that the sheriff inform
the lieutenant governor, that they considered the meeting war
ranted by the laws of the province; that his message had been
received with due solemnity and deference ; and that it was their
determination to maintain consciences void of just offence to
wards God, and towards man.
A partial change was again made in the British ministry,
and the duties were removed from some articles, which had
been subject to high rates of impost. But the principle was
still asserted, by the administration in England, that the parent
government had the right to legislate for the colonies ; and that
the only question with them was, as to the expediency and the
extent, in any particular cases. Whfle this principle was ad
vanced, the patriots in the colonies could not be satisfied, nor
could they cease to contend against it. Their doctrine was,
and with them it was all-Important and indispensable, that they
had the sole right, derived from nature, their charter, and the
spirit of the British constitution, to tax themselves through
their representatives. This doctrine, they were resolved never
to yield ; and, with all their love of order and submission to
legal authority, so long as the British government interfered
with this principle or claim, they were prepared to struggle ;
and seemed determined to oppose till their right was fully
recognised.f The great body of the people are more apt to be aroused
by specific acts of injustice and oppression, than by the mere
assertion of principles, however dangerous and hostfle to liberty,
The more intelligent and foresighted saw nothing but evil and
danger, from a standing army; but after the first moment of
alarm was over, on the landing of the troops, and as they were
kept for some time, under strict discipline, they were viewed
by many with less fear and abhorrence. But in the winter
and spring of 1770, the soldiers were permitted to wander
more frequentiy about the streets, and became insolent and
menacing in their language. In a few instances, they were
" They had not applied to him for liberty to hold the meeting ; and unless
such consent was had, a town meeting for political purposes was deemed
unlawful. i In 1769, an order was obtained of the king, granting an appeal to the
council of state in England, from the judgment ofthe superior court of thp
province, in an action of ejectment. The general court instructed their
agent in England " to pre-yent such a fatal precedent being established,"

HISTORY OF MASSACHUSETTS. 209
and indecent in their deportment towards respectable
\les. The people also, on some occasions, applied abusive
acts to the soldiers, which served to provoke and irritate
Befc^e the fatal evening of the Sth of March, several
ates and affrays had occurred between the citizens and
ioldiers, or officers of the customs. One of the most seri
ous of these took place on the 22d of February, between a
notorious spy and informer against the merchants, and a few
boys, who had caught the spirit of the times. The boys were
carrying paintings of those merchants who still imported Eng
lish goods. They were met by the informer, who endeavored
to persuade a countryman then passing to destroy the paintings;
The passenger declined, and he attempted to destroy or deface
them himself A number of the citizens soon coflected ; and
the informer charged some of them with perjury, and threatened
to prosecute them. They considered him too insignificant to
be noticed. The boys, however, were provoked at having
their images broken and mutflated. They followed the raan
to his house, and assailed bim with abusive epithets. As soon
as he entered his house, be took up a gun, but the boys were
not frightened ; and threw snow balls against the house, as
the only revenge they could have on him. He fired from a
window, and one of the boys was killed by the shot. The ex
citement which arose on this wanton and most unjustifiable act,
was extreme through the whole town and province. The
funeral ofthe deceased lad was attended by an immense con
course of people, a great portion of them highly respectable;
and he was considered a martyr to liberty ; and a victim of
arbitrary power.
The officers of the customs, with their mercenary agents,
and the soldiers, were deemed enemies of the people and of
liberty, and became more and more the objects of indignation
and abhorrence. Some imprudent speeches, and even threats,
were made by individuals, whose feelings were too powerful
to be entirely restrained. The soldiers, fearing, or affecting to
fear, assaults, roamed about in parties, and with large blud
geons ; who were far more insolent and menacing, both in
language and gestures, than any of the citizens. They seem
ed to be seeking occasions for attacking the people. They
should have been kept in their quarters, or suffered only to go
abroad with an officer, who would have felt it his duty to
restrain them from afl disorderly acts.
On the second and third of March, repeated quarrels took
place between some of the soldiers and the laborers at a rope
walk. Different accounts were given of the affray, but it ap-

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

HISTORY or MASSACHUSETTS. 21 1
The heutenant governor had immediate notice of this tragi
cal affair, and came into the street, and thence to the coun
cfl chamber. Some of the citizens urged that the troops be
ordered to their barracks ; but he declined giving such orders.
He addressed the people, however, and advised them to retire,
expressing his deep regret at what had taken place. Warrants
were made out by the justices ofthe town, and the captain and
the soldiers of the guard were arrested and committed. The
next morning the citizens of Boston held a meeting, and sent
a committee to the lieutenant governor, who was then holding
a council, requesting the removal ofthe troops from the town.
He replied, that he had no authority over them. The peo
ple were not satisfied with his reply, and again made the re
quest ; the council also urged him, at least, to express a desire
to the military commander that he would remove them. To
this he assented, but would give no positive orders; It was
therefore left with the officer to decide ; and he consented that
one regiment should be removed to the castle. But the peo
ple were not satisfied that any should remain In the town ; and
voted that it was necessary for the peace and safety of the in
habitants, that all should be withdrawn. The committee, of
which Samuel Adams was chairman, aga!in proceeded to the
council chamber, and made known the vote of the meeting;
He addressed himself to the military commander, as the lieu
tenant said he had no control ofthe troops, and said if he could
order one regiment, he could also order both, and that it was
at his peril he should refuse. The officen was astonished at
the boldness ofthe citizen, and Mr. Hutchinson said, "it was
a strong expression of that determined spirit which dictated
afl future measures." Some of the officers were displeased
with being thus obhged to leave Boston, at the Instance of the
populace, as they said ; but, in a few days, the commanding-
officer prudently consented that the whole of the troops should
be stationed at the castle. The officers and tnen, who were
apprehended for firing on the people, had a fdir and impartial
trial, and were acquitted. The people were much agitated at
the time of the transaction ; but they had time for reflection,-
and a more full and correct account probably satisfied them,'
that, though the bloody deed could not be justified, the sol
diers were first assaulted, on the evening the firing took place ;
and that their acquittal was such as the law fiilly sanctioned.*
There had now been a long suspension of the legislature.
* R. T. Paine acted for the government in the absence of the king's
attorney; and J. Adams, and J. Quincy were counsel for the prisonei's.

212 HISTORY OF MASSACHUSETTS.
Governor Bernard, by adjourning the court from July to Jan
uary, had omitted the usual fall meeting. The lieutenant gov
ernor ordered it further prorogued to the middle of March, in
compliance, as he said, with instructions received from the
British ministry ; and then directed that the session should be
in Cambridge. The house was dissatisfied with the measure ;
and complained that the wfll of ministers should be so arbitra
rily exerted. It was a grievance, they said, to have the gen
eral court so long postponed, and then holden out ofthe capital
of the province. The lieutenant governor pleaded his in
structions, and cleariy intimated that the instructions v/ere per
emptory, and that he had no discretion ; but it afterwards ap
peared, that he was only conditionally instructed, and that if
there were good reasons against the court sitting in Cambridge'
rather than in Boston, he might order it to be corivened in the
latter place. This conduct argued that want of fairness, ne
cessary to the full confidence of the people in their chief
magistrate, without which he could not expect to be very use
ful. The representatives protested against this arbitrary mea
sure, and declined proceeding to business for several days. It
was a great inconvenience to them, they said, lo be at a dis
tance from the records of the court ; but their chief objection
was, that ministerial instructions were allowed to supersede law
and the provisions ofthe charter.* They addressed the coun
cil on the subject, and requested that body to join in urging
a return of the court to Boston. The councfl sent a message
to the lieutenant governor, in which they expressed, in strong
terms, their objection to the measure, and their sense of the
impropriety of the British ministry giving instructions in a
case, in which the lieutenant governor could better judge than
they. The principal motive for oiderlng the general court to
be holden out of Boston, was that the citizens of that town
had great influence with the members ; and it was an influ
ence altogether opposed to the arbitrary measures ofthe Brit
ish administration, and its agents in the province.
During this session, the lieutenant governor informed the
house that a person bad been fll-treated at Gloucester ; f and
* The instructions of the British ministers were very alarming to the
friends of cbnstitutional liberty in Massachusetts. They saw the danger of
having constitiltional law superseded by the bare will of a minister, who
was liable to be deceived by the statements of interested individuals and
office holders. It was from this principle, that they so long opposed hold
ing the general court out of Boston, ahd spent many weeks in contending
with Mr. Hutchinson touching that measure.
t It was said, the man was subjected to the summary punishment ofthe
day, which was tar and feathers.

HISTORY OF MASSACHUSETTS. 213
called their special attention to the case. The man had be
come obnoxious to the inhabitants, on account of the severity
with which he treated some merchants supposed to have se
creted imported goods. The house replied, that they consid
ered the courts of law able to afford redress to the person who
had been injured ; and could not admit that the case was one
requiring any special legislation. They also took occasion to
refer to the aggravated attack then lately made on the citizens
of Boston by armed soldiers, which the lieutenant governor
had not even noticed during the session ; they expressed their
surprise that he had not spoken of it ; and declared their opin
ion, " that if there were no arbitrary and oppressive laws to be
enforced, there would be no insults offered to Individuals, nor
any need of a standing army in the province in time of peace."
They said they abhorred all riots and disorders; but they
could not answer for the conduct of individuals who were threat
ened and oppressed, contrary to the laws of the province.
During this session, March 1770, Mr. Cushing, the speaker,
was absent on account of sickness. Mr. Hancock was chosen
in his place, but the lieutenant governor rejected him.
In May, the general court was again ordered by the lieuten
ant governor, to meet in Cambridge. On the first day, before
proceeding to any other business, the house protested against
it, as contrary to long usage, as inconvenient, and as against
the plain meaning of the charter : and they also declared their
apprehensions of an utter annihilation of their rights, if the
instructions of ministers were to have the force of law in afl
cases. A long dispute took place on this subject ; in which
much learning and ability were displayed. The house said
that the ministry, for unjustifiable purposes, might order
the lieutenant governor to hold the court in Lincoln or Berk
shire county ; but that it would be both arbitrary and oppres
sive. They did not deny the prerogative of the crown ; but
even this they contended was to be exercised " with discre
tion, and for good reasons only." But they believed there
was no good reason for holding the court out of Boston, and
that none had been given; that the nleasure, therefore, was
altogether arbitrary, and they must protest against it.
This dispute, on the part of the house, was conducted by
Samuel Adams, John Adams, Joseph Hawley, John Hancock
and others. Mr. Bowdoin was this year chosen into the council,
and was not negatived by Mr. Hutchinson, as he had often been
by Governor Bernard. John Adams was elected a member of
the house for Boston in the place of Mr. Bowdoin. It would
have been very unpopular in Hutchinson to have rejected a man
26

214 HISTORY OF MAfSSAOHUSETTS.
of such Weight of character as Bowdoin. He might have with
held his consent from Hancock or Otis with less danger to his
popularity. The controversy about holding thecourt out of Boston, was
continued for nearly two years. The house, and the councfl
repeatedly protested against it, not only because it was incon
venient, but because it was done by order of the lieutenant
governor, in conformity to ministerial directions ; and because,
by submitting to it, the house would have acknowledged the
force and authority of said instructions, as binding in other cases,
even in opposition to standing laws and to express provisions
of the charter.
Mr. Hutchinson often gave his negative to a part of the
gentlemen elected to the council ; but still the majority of the
board were firm friends of civil liberty, and opposed to the ar
bitrary orders and measures of the British ministers, which he
was ready to obey and to enforce. He said, indeed, that it
was not his intention or wish to make any encroachments on
the rights of the people ; but at the same time declared, that
he would give up no part of the prerogative of the crown ; by
which he meant, no doubt, that he should strictly observe all
ministerial instructions. And in the long controversy as to
holding the general assembly out of Boston, he said, " that he
should consult his majesty's will, touching the time and place of
holding the court." And yet the will of the king was but
another name for the caprice of ministers, who, in most cases,
gave directions as Governor Bernard and Mr. Hutchinson de
sired and advised. On the one hand, the lieutenant governor
was determined to support the dignity and authority of the
parent government, and to exercise power by virtue of the
royal prerogative ; on the other, the representatives were re
solved to maintain charter privileges, and the rights which
they possessed, as free-born subjects of Great Britain, and the
higher claims derived, as they asserted, from the God of nature.
But for the political disputes between Governor Bernard,
for several years, and at this time, between Lieutenant Governor
Hutchinson and the general court, there would have been
great prosperity and content in the province. There had now
been many years of peace ; and agriculture and the fisheries
were in a prosperous state. Commerce occupied the attention
of a portion ofthe people ; yet was less profitable than would
have been, if there had been fewer restrictions, and the duties
not so high. There was not, indeed, the prosperity and profit
attending navigation that might have been ; but it was pursued,
and afforded some profits to adventurers. But the dispute as to
the civil rights and liberties of the people of the province, was

HISTORY OF MASSACHUSETTS. 215
of so much interest, and gave so universal alarm, that a great
check was thereby given to the common prosperity and happi
ness. The people of Massachusetts had always been strongly
attached both to civil and religious liberty ; and when their
rights were invaded, every thing else seemed of littie concern to
them. They felt for posterity as well as themselves ; and
were ready to contend, at all times, that freedom might be the
inheritance of their chfldren. They may have construed too
liberally the clauses of their charter, which granted the powers
of maintaining a separate government in the colony ; but had
they not so construed and so contended, their posterity would
have been slaves. , If instructions of ministers, and royal letters,
and the commands of governors, and military and custom-house
officers, had been submitted to, as was urged on them, they
would have had no constitution, no rule of equity and justice,
and no permanent principles of government.
Mr. Hutchinson was as arbitrary, and as great an advocate
for ministerial instructions, as his predecessor had been. He
had imbibed a high notion of the royal prerogative, of the
directions of ministers, and of the supremacy of parhament.
It was clearly his great purpose to support and enforce them to
the fuflest extent ; and to leave to the people only what liberty
and power they might enjoy consistently with them. His
conduct, as to removing and keeping the general court at Cam
bridge, contrary to the repeated wishes of both representatives
and councfl, was altogether unjustifiable, and rendered him very
unpopular. In the summer of 1770, the lieutenant governor surrendered
the fortress on Castle Island into the hands of the commanding
officer of the British troops. It had before been under com
mand and control of the governor of the province. It was, at
this time, delivered up to the commander of regular troops,
over whom the civfl authority and the chief magistrate had no
power. The keys of the garrison were given up, in form, by
the heutenant governor. He had before, on the tragical affair
of the Sth of March, disclaimed all authority over the troops
then in Boston ; and now he gave, out of his own power and
command, the only fortress in the vicinity of the capital. This
was just cause of complaint and alarm. The house of repre
sentatives remonstrated against it, as a gross breach of trust,
and a most reprehensible disregard of the rights and the safety
of the people. But the lieutenant governor pleaded ministerial
instructions, and orders from General Gage at New York. It
was in character foi: Mr. Hutchinson to obey such authority.
On all occasions, he was entirely subservient to the views of

216 HISTORY OF MASSACHUSETTS.
those who directed the affairs of the British government, and
had places of profit and honor to bestow.
A committee was appointed by the house of representatives
in November, 1770, to correspond with the agent in England,
and with committees in the other colonies, on the state of pub
lic affairs. Samuel Adams, John Hancock, and John Adams,
were on this committee. It does not appear that they imme
diately opened a correspondence with the other colonies. The
objections made to a circular letter from the general court in
1768, to the other colonies, might have prevented. But they
wrote to their agents in England, Benjamin Franklin and Ar
thur Lee, in very pressing terms. They referred to the late
measures of administration, which they considered oppressive
and repugnant to their charter rights: and they said they feared
the loss of all which was dear in society, unless ministers could
be induced to change their policy towards the colonies. Frank
lin, in reply, said, "that many in England doubted the right
of parliament to lay taxes on the people in America: but that
the ministers were not willing to admit they had not the
right." He was of opinion, they would not insist or practise
on the principle in future. But in this he was mistaken. They
adhered to it more rigidly till the revolution took place. He
admitted, " that Massachusetts had been persecuted and abused
by individuals both in the province and in England. The
design," he says " was to render you odious, and then deprive you
of your rights by violent or arbitrary measures. I hope the colo
nies wfll show, by their resolves, that they know their rights, and
wfll not relinquish them. Ministers object to your having
agents here, except such as your governor approves. But
such agents would be of no benefit to you ; they would not be
faithful to your rights and interests." He added — "I have
given it as my opinion, that if you could be restored to the
rights you enjoyed before the measures and policy of adminis
tration in 1764, you would be satisfied : and I am glad to find
by your letter, that I have expressed your views, in this re
spect." Mr. Lee had less hopes in the lenity and justice of
the British ministry, at that time. After referring to " the
firm stand, made by Massachusetts against insidious and op
pressive acts of administration, which was applauded by the
present, and would secure the gratitude and admiration of future
times," he observed, " he had a lively sense of the peculiar
oppressions of Massachusetts, and could assure them, that to the
utmost of his power he would unite with the other agents in
watching over their rights, in seeking for a redress of their
grievances, and fixing the great principles of freedom on a per-

HISTORY OF MASSACHUSETTS. 217
manent constitutional basis. But I think America must depend
on her own exertions and firmness in securing the object of her
wishes. America must work out hei own salvation. From
the British government, she must expect neither mercy nor
justice. The present ministry have designedly adopted such a
system of policy, as to render quiet submission to it perfect
slavery. They have substituted discretion for law, and set the
principles of the constitution afloat on the fluctuating sea of
arbitrary wifl. Not to oppose this pernicious system would be
a crime. To oppose it unsuccessfufly, would be a misfortune
only. If lawless power must prevail, still it behoves us to
protest against it ; and bear testimony before God and man,
that we did not submit, without a struggle, to a humiliating
state of bondage."
In one of his letters in May, 1771, Dr. Franklin said, " he
saw in the policy of administration, that the seeds were sowing
for a total disunion of the two countries. Men are appointed
to office and power by the ministry, who wfll be insolent and
rapacious, and who wfll become odious to the people ; and be
ing odious to the people, they wfll become mahcious ; and will
misrepresent and calumniate thern. They will complain and
apply to the parent government for more power, and for aid
from the military. The oppressions on the people will lead to
riots and violences. Greater force and rigor will be necessary
to keep the people in subjection. Force will beget force in
opposition. War wfll ensue — and the alternative wifl be ab
solute slavery or independence. I am no prophet : but history
shows, that by such steps great empires have been divided."
At a session of the legislature, the w-inter following, the
lieutenant governor refused to sign the tax bfll, because there
was a clause in it, which would render the crown officers of the
customs liable to a tax on their income. Their fees amounted
to a sum much larger than any office in the province afforded ;
and it was then the practice to tax those who had large incomes
and salaries. Mr. Hutchinson objected to those persons being
taxed, as others were, because he was instructed to do it. Yet
he acknowledged he was surprised in being directed to object
to it ; which clearly implied that he thought it improper.
In April, 1771, Mr. Hutchinson received a commission to
be governor ; and he continued to be a zealous advocate for
ministerial measures. So devoted was he to the supremacy of
parliament, and the instructions of ministers, that he considered
afl opposition, in the general court, to his wifl and his requests,
as arising from unreasonable insubordination, or a desire to per
plex hirn personally. In May, and at every session during

218 HISTORY OF MASSACHUSETTS.
the year, and most of 1772, the dispute was kept up, as to the
general court being held out of Boston. The house insisted,
that it was Inconvenient and arbitrary ; and proceeded to the
public business only from necessity. He asserted his authority
and right to hold the court, wherever directed by ministers.
And, when he had no other reason, he informed them, that he
should not hold the court in Boston, tifl they would acknow
ledge they had been wrong in objecting to the validity of in
structions in all cases ; and particularly in ordering the court
to be holden where he might think fit.
The temper, as well as the principles, of Governor Hutch
inson are fully manifested by his conduct in 1770-1 ; and
served to confirm the fears which his former political course
had excited. Yet timid politicians were ready to apologize for
his conduct ; and to charge the patriots who opposed him, with
making unreasonable complaints, and with a captious spirit.
They were men, and no doubt some personal feelings were
at times indulged by them, in their public proceedings. If
Mr. Hutchinson were fully believed, the opposition of the
Otises, father and son, of Samuel Adams, Joseph Hawley, and
some others, might be attributed to disappointment. Their
contemporaries had a far more honorable opinion of them ; and
had they not been truly patriotic, they would not have been
supported as they were by an intelligent people. The spirit
of patriotism prevailed through the colonies; and the inhabi
tants were generafly ready to make any sacrifices for the main
tenance of their rights and liberties. In Massachusetts they
gave up the use of tea; and manufactured cloths in their fami
lies to a great extent, instead of importing them from England.*
At this period, the idea of a political separation and inde
pendence was not probably indulged ; certainly not generally
contemplated. The opposition was to unconstitutional meas
ures on the part of the British administration ; to exorbitant
and novel claims of authority by ministers in England over the
free citizens in the colonies. New claims certainly were set
up by administration in England ; and such as the people of
Massachusetts deemed highly arbitrary. And yet in opposing
them, it would be strange if they had not urged their own
* Besides the persons already named, who were among the leaders in
opposing the arbitrary measures of the British ministry, at this critical peri
od, were William Heath, Samuel Danforth, William Phillips, Artemas
Ward, Jedediah Foster, James Prescott, Samuel Dexter, James Warren,
Robert T. Paine, Timothy Danielson, Jerathmael Bowers, Benjamin
Greenleaf, Thomas Gardner, Thomas Saunders, Walter Spooner, Timothy
Pickering, David Cobb, and others.

HISTORY OF MASSAOHUSETTS. 219
claims to power to an extreme, which would lead to inde
pendence. This, they did not publicly acknowledge, till three
years later, when they became satisfied, it was the only alter
native of avoiding the most degrading submission.*
It was a just charge repeatedly made against the officers of
the crown, in Massachusetts, that they misrepresented the
views and conduct of the whigs ; and that oppressive and ar
bitrary measures were adopted in England towards the prov
ince, in consequecce of such misstatements. This was the
origin of sending troops into the province in 1768. The affair
of Sth of March, 1770, was also grossly misrepresented ; and
all the blame laid on the people of Boston, ?s if they had
formed a previous plan to attack the troops and to drive them
from the town by force. This statement operated greatly to
the prejudice of the province in England. Mr. Bowdoin and
others of the council gave a very different, and no doubt a
more correct account of that event. Mr. Hutchinson had also
joined with Governor Bernard, in 1767 and '68, in represent
ing the people of Massachusetts in such a state of insubordi
nation, that troops were necessary to be stationed in Boston.
And in 1770 and '71, his letters described them as wholly op
posed to the authority of the king and the pariiament, because
they objected to ministerial Instructions having greater or equal
force with law or plain constitutional principles.
It was owing to the statements of Mr. Hutchinson and his
political friends, that the British ministry, at this time, ordered
a large salary for the governor, the lieutenant governor, and
other officers of the crown in the province, independent of
any vote of the house of assembly ; and directed, that the
heavy duties on imported goods, now rigidly exacted, should
be applied for that purpose. The bouse had always made a
grant for the support of the governor. But, in order to make
him wholly Independent of the house, and a more zealous
agent of the British government, it was proposed, in 1771, and
probably at his request, to provide a salary for him from
England. This was new cause of complaint against Gover
nor Hutchinson, by the patriots in Massachusetts, and of a
dispute between them till he left the province in 1774. It
seems to have been the object of Mr. Hutchinson to have the-
officers of the crown exercise all power in the province, and
* Mr. Hutchinson says, " that Samuel Adams declared, in a Boston town-
meeting, in 1769, independent we are, and independent we will be." And
that Joseph Hawley said, in the general court, about the same time, " that
he knew not how parliament could ever have acquired a right lo legislate
over the colonies."

220 HISTORY OF MASSACHUSETTS.
to be wholly distinct and independent of the legislature. And
such a system would have led directly to arbitrary power and
to tyranny and oppression in every form. The intelligent
men of Massachusetts had a just and correct view of the
tendency of such a system; and they resolved to resist and
oppose it, at every hazard. They knew, that petty offi
cers, at a distance from their masters, might practise eveiy kind
of despotism ; and that there was danger of such practices in
Massachusetts. It has been so in all past times. The Roman
officers in distant provinces were far more oppressive than those
were who resided in the capital of the empire. In an exten
sive government, whether monarchical or republican, it wifl
always be the case : men clothed with a little brief authority
will oppress the people, and exercise power beyond the de
sign of their office.
Governor Hutchinson took advantage of some misunder
standing between Mr. Hancock and Mr. Samuel Adams, to
court the former, and to attempt gaining him to support the
administration. But Mr. Hancock declined the proposal.
Whether he was wavering at all in his political course, does
not appear ; the reason he offered for giving up public business
for the time, was the necessity of attending to his private af
fairs. Not long after, at the session in March 1772, Mr. Han
cock, being chosen speaker ofthe house (pro tem.) was approved
by the governor. At the same time, Mr. Hancock and some
others proposed to request the governor to remove the court
to Boston, for the reason that it was inconvenient to hold it in
any other place. Mr. Adams and Mr. Bowdoin were oppos
ed to requesting it for that reason alone ; and insisted, that it
should be objected to holding it out of Boston merely by virtue
of ministerial instructions. But Governor Hutchinson did not
find Mr. Hancock sufficientiy pliable. At the election, in May
1772, when he was chosen counsellor, the governor again
rejected hirn.
When the usual proclamation for a public thanksgiving was
issued in the fall of 1771, the people of Boston prevafled on
the clergy of the town, and of some places in the country, to
omit reading it. Their objection to it was, " that it called on
the people to give thanks for the continuance of their civil and
religious liberties." They said, " it was not true ; and that it
would be acknowledging their political rights remained unim
paired, which all knew not to be the case. Their rights were
denied and violated, and it would be mockery to thank heaven
for their continuance." The people must have been sadly
oppressed, or given to idle apprehensions, when they resorted
to language and conduct like this.

HISTORY OF MASSACHUSETTS. 221
The finances of Massachusetts, at this time, were in a
favorable condition. The. public funds, arising from the sale of
lands, and debts due the province, were such as to render a
tax unnecessary. The debt, incurred by the wars of 1755 —
1762, had been paid. There was no excise, and impost du
ties were less onerous than formerly. From some articles the
duties had been removed ; and on molasses and teas, much
reduced. These articles were imported into the province, in
very large quantities. The first was chiefly manufactured
into rum ; and more tea was used in Massachusetts than in all
the other colonies. Navigation and the fisheries continued in
a prosperous state. Still the claims of the British ministry,
composed of men of arbitrary principles, were such as to
spread discontent and alarm through the province. There
were indeed some men of liberal pohtical views in parliament ;
but they were a smafl minority. Some changes had been
made in the administration, but tory principles .prevailed ;
and the policy of ministers was, to keep the colonies in
entire subordination. And .as Massachusetts had been most
forward and most decided in opposition to the claims of ad
ministration, the chief object was to keep the province in
what was called due subjection.
There were in the province, at this period, two parties of
somewhat similar pofitieal opinions and views with those in
England. But however oppressive government may be, it is not
strictly correct, perhaps, to call its friends and supporters a
party. With very few exceptions, it was true in Massachu
setts, at this period, that the measures of the British govern
ment were advocated only by officers of the crown ; by the
governor, the lieutenant governor, by the officers of the cus
toms, and their family connexions. They fafled not to repre
sent the opposers of administration as ambitious, selfish, and
factious. All discontents among the people were attributed
to artful and disappointed individuals ; and the government was
declared to be just and mild. But the great body of the peo
ple knew and saw enough to perceive that their oppressions
were real, and their rulers were arbitrary, without trusting to
any exaggerated statements. Principles were advanced and
measures adopted by the administration which the people be
lieved struck at the foundation of civil liberty and threatened
to destroy every vestige of political freedom. It was not a
speculative pursuit ; it was not a controversy of words as lo an
abstract theory. A system was avowed and commenced, which
must soon issue in depriving them of all the attributes of self-
government, and subjecting them wholly to the caprice and
27

222 HISTORY OF MASSACHUSETTS.
cupidity of individuals, whose wealth and power would be in
exact proportion to the degradation and sufferings ofthe people,
Samuel Adams was so firm and decided, yet so discreet in
his opposition to the measures of the British ministry, and to
the conduct of Governor Hutchinson, that it was important to
the friends of administration to destroy his influence with the
people. No one had a stronger hold on their confidence. He
was not to be Ijribed or flattered. No offers were made to
him of office or favor. His character was too well known to
lead to such an effort. But there was an attempt to leave him
out of the house, by preventing his election from Boston, in
1772. He did not stand alone, Indeed, against the venal sup
porters of administration. Many others, as before mentioned,
were able, decided, and unwavering. Yet he was particularly
obnoxious to ministerial agents ; and was considered by them
to be one of their ablest opponents. But his popularity was
too firmly rooted to be shaken. In 720 votes cast, at the elec
tion, he received more than 500. And when it was known,
that he had the particular censure of the officers of govern
ment, the people rallied more strongly in his favor. They
believed he sought nothing from the government, that he was
the friend of constitutional law and order ; that he was fixed
and immovable in purpose, and that his conduct was based on
religious principles.*
In June, 1772, the governor directed, or consented, that the
general court should be held in Boston. It had been convened
hy his orders, in conformity to ministerial instructions, subject
however to his judgment of the propriety ofthe measure, for
more than two years at Cambridge. The house and council,
by very large majorities, opposed and remonstrated against it,
as inconvenient and arbitrary. Nor did the governor ever
give any " good reasons " for it. It was a mere exercise of
power, without just cause ; and therefore it was censured ;
and it was considered, as one among many other instances of
a plan in England to govern the colonies at pleasure, and not
according to constitutional principles. The friends of the gov
ernor disapproved of his conduct in this affair. He pleaded
his instructions ; and yet these instructions left it to him to
decide. He was offended that the house complained of his
conduct as arbitrary ; and he yielded at last, by the strong
and unanimous advice of the council : but afterwards said,
with much truth and candor, " that if the desire of the general
" Mr. Hutchinson says, the attack on Mr Adams failed ; and that it oply
served to unite the opposition more closely in vigorous exertions.

HISTORY OF MASSACHUSETTS. 223
court had been immediately complied with, in this respect,
it would have been with a better grace."*
No sooner was the dispute closed, in which the governor
and the general court had long been engaged, touching the
right and propriety ofthe former to direct the meetings ofthe
latter, to be in any place other than Boston, the capital of the
province, where it had been always held, except for special
and necessary cause, and where the public records were
deposited ; when another subject of interest presented, which
served to keep ahve a spirit of opposition and hostility between
the representative of the king and the representatives of the
people in the province. This was, whether the governor and
the judges of the superior court should receive their salaries
from England, or from the people in the colony, in such man
ner and to such amount as their representatives might order.
It was first determined by ministers to allow only the govern
or's salary ; but it was soon' after agreed by them to pay the
judges also from the public treasury in England ; or from the
proceeds of duties collected in the province, by virtue of the
laws of pariiament, and by custom-house officers of their
appointment. It was to be done entirely independent of the
government of the province. And the effect would be to
render the governor and judges Indifferent to the approbation
and censures ofthe representatives of the people. If the gov
ernor had been chosen by the people, and the judges appoint
ed during good behavior, it would have been proper, that they
should have fixed and permanent salaries while in office. But
it was contended, by the house of representatives, that as the
governor received his appointment from the king, and the
judges were put into office by his nomination, and removable
only by the pleasure of ministers in England, the only security
or inducement for their fidelity to the province, was to depend
on the general court for their support ; and such had been the
immemorial usage. The effect of this new measure could not
fall to be, a less regard for the favor and good will of the
province, in the judges and governor, and their greater sub
serviency to the views of administration in England. No one
denied that such would probably be the effect : nor was it
doubted, that the suggestion, for such a measure, originated
with the officers of the crown in the province.
The house desired to know of the governor, if such was the
order of the ministry, and asked for a copy of the instructions
on the subject ; as he had already declined .signing a bfll,
* These are his own words. Vol. III. page 357.

224 HISTORY or Massachusetts.
providing for these salaries, in the usual form. He rephed,
that it was his majesty's will he should receive his support in
future from the treasury of England, and not depend for it on
the general assembly of the province. They objected to this
mode of his receiving a support, as contrary to the spirit ofthe
charter, to invariable usage, and as of dangerous tendency.
He replied, that it was the pleasure of the king, his master, as
signified by his ministers, he should receive his salary immedi
ately from the crown, and not depend on the general court for
it ; and that the king had a perfect right to decide in what
way he and his other servants should be supported. He went
into a long argument to show that the charter was in no sense
or measure a contract between the king and the province, so
that they could claim any thing of right ; but that afl was a
grant of mere grace and favor from the royal goodness ; and
subject therefore to his pleasure. It was sufficient for him,
that the king had now ordered that he and the judges
should receive their support ; and therefore he could approve
of no bill granting hirn a salary by the general court,
without the royal approbation and consent.
This plan gave uneasiness to the people, who considered it as
a part of a system, gradually and Insidiously to be introduced,
to render all the officers of the crown, including the judges of
the courts, who had all power in their hands, and could prevent
any laws and decisions they might choose, independent ofthe
people, separating their interest, which had been heretofore
identified, and could not be disunited without danger to civil
liberty ; the very fundamental and essential principle of repub
lican freedom, being a union and identity of interests of the
people and their public agents. The several messages to the
governor on this subject from the house, were prepared by Ma
jor Hawley, Samuel Adams, J.Hancock, W. Heath, and J.War
ren ; and J. Adams, though not of the house, at the time, en
gaged in the controversy, and wrote in the public papers with
great learning and ability. He showed, that the judges did
not in fact hold their offices during good behavior; that they
ought to hold them by that tenure, being appointed by virtue
of a law ofthe province, .agreeably to the charter; yet, that as
they were not removable by any authority in the province, but
liable at any time to be removed by the will and pleasure of
the king, they would probably be retained in office so long as
their conduct should be agreeable to the British government;
and if they received their support from the crown, they might
become unduly subservient to the views of the ministry in
England, and destitute of a due respect for the laws of the

History of MASSAcnasETTS. 225
province or the rights of the people. These papers were as
popular as they were able ; and, with other writings, which
appeared within two years after, under the signature of No-
vanglus, and the essays on canon and feudal law, justiy gave
the author great celebrity. The governor viewed them with
a different spirit. The next election, when Mr. Adams was
returned to the council by the house, he was rejected, with
some others, who were among the most respectable characters
in the province.
At the' session ofthe general court in June, 1772, when the
governor declined receiving his salary from the province, and
attempted to justify receiving it from the British government,
he requested that the province-house, so called, in Boston,
which had often been the residence of the chief magistrate,
might be repaired, and made fit for the reception of his family.
The court replied, that the building was intended for the gov
ernor of the province who had heretofore received his support
by order ofthe general court; but as he chose to be supported
by the British government, and declined a salary offered by the
province, they did not feel obliged to be at any expense for his
accommodation. The subject of the governor's and the judges' salary was
taken up by the citizens of Boston in the fall of 1772 ; and
they held a town meeting, to consider what measures were
proper to be adopted. They sent a committee to the gover
nor to learn what had been done by the ministry in England,
particularly as to the salaries of the judges. He gave them no
answer. They desired the general court might be called
together ; but he said he should not do it. A committee was
then appointed to repo»t on " the rights of the province, as men,
as christians, and as subjects of the British empire ;" and also to
correspond with other towns in the province. At a future
meeting, a report was made, and accepted with perfect unanim-
ty ; and ordered to be circulated in all parts of the country.
James Otis and Samuel Adams were of the committee* chosen
to make the report ; and it went fully into the inquiry of the
authority ofthe British parliament over the people in the colo-

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

226 history of Massachusetts.
nies, and of their civfl rights, which had been long agitated
with so much zeal and ability.
In this report, they referred to their natural and unahenable
rights, as men, for which they were indebted to none but their
Creator, and with which no government or prince might inter
fere, except by consent or contract. As British subjects, or as
Englishmen, they claimed equal rights with their brethren in
England, who were represented in the British parliament, and
contended for a legislative assembly in the province, to make
laws and lay taxes. And they added, that the christian reli
gion gave its sanction to their views of civfl liberty, and justi
fied the authority which their fathers had always exercised.
They then referred to their grievances, and to the various in
stances in which their rights had been infringed. In their cir
cular letters to the other towns in the province, they expressed
their fears " that a system of despotism and oppression was
preparing, which, unless soon and vigorously opposed, would
seal their political degradation and ruin forever." "They
should deeply regret," they said, " if there was not a spirit
still existing, such as animated their ancestors, which induced
them, in face of every difficulty and danger, to forsake their
native country, and make a settiement on bare creation. They
were not afraid of poverty, but they disdained slavery." Most
towns in the province replied to this address, and manifested an
ardent attachment to civfl liberty, and a correct knowledge of
their rights. Efforts were made by the friends of the governor
to prevent the meeting of the towns on this occasion. They
wished to put down the spirit which was awakened, and to be
able to say, that only a few approved of the measure. But
the attempt was in vain.
The great question at issue between the agents and officers
of the crown, and the people in the colonies, was never more
deeply interesting than at this period. On the doctrines ad
vanced, ofthe authority of the British parliament in America,
and of the right of ministers to issue instructions which had the
force of law, encroachments had been making on the rights and
liberties of the province, and it was seen to be necessary to
make a stand against them. They were not prepared for, nor
did many then meditate, independence ; but one spirit animated
them to oppose arbitrary power, and to maintain their rights.
To do this in a constitutional way, by remonstrances and ap
peals, and petitions, was the universal purpose. But these
had produced no good effects, and had not prevented the ad
vance of claims, which they deemed intolerable. To resort to

HISTORY OF MASSACHUSETTS. 227,
arms, was not their plan — and to act the pait of rebels, was
most abhorrent to their principles and habits. They had acted
under a high sense of their duty as christians. They would ¦
not employ unlawful means to accomplish even a good end.
They would act under the shield of the British constitution, and-
of their charter ; and appeal to them for a sanction of all their
measures,

CHAPTER XV

Governor Hutchinson's opinion and speech on the supremacy of Parlia
ment — Opinion of General Court, and dispute with governor on the
subject — Governor's letters published, and added to his unpopularity —
He is called to England by the King — Correspondence of General Court
with Virginia — ^Tea imported and destroyed — Dispute about salaries of
the Judges — Declaration of Ministers and others in England — The
Charter altered, and the rights of the province infringed — Boston Port
Bill — Jurors refuse to take the oath and to act — Governor Hutchinson sails
for England — General Gage succeeds — Negatives several Counsellors
— Adjourns the General Court to Salem — Delegates chosen for a Con
tinental Congress — Governor Gage dissolves the Court — Military Com
panies. While the people of Massachusetts were the more confirm
ed in their opinion of their rights, and were resolved to oppose
what they considered arbitrary power, the governor was equafly
determined to support the supreme authority of the parent
state over the province, and to insist on subjection to afl the
measures of the British ministry. He had already contended
for the absolute supremacy of parliament, and the prerogatives
of the crown, with great abflity and firmness. And he seems
to have resolved to make one effort more to convince the rep
resentatives that they had taken untenable ground, and must
yield the contest to him, or hazard the chance of an appeal to
arms. In January, 1773, at the opening of the session, when
there had been an unusually long period wthout a meeting of
the general court, he delivered an elaborate speech, on the
absolute supremacy of parliament, and on the duty of acquies
cence and submission in the colonies. His object was to show,
that they ought to obey, without hesitation or inquiry, whatever
laws or directions were given in England, or that their opposi
tion must be considered rebellion, and treated accordingly. He
had evidentiy bestowed great labor on the speech. It was
plausible in its statement, and gave proof of much research.
To this important communication, both the council and the

HISTORY OF MASSACHUSETTS. 229
house replied ; but not till after an unusual time ; the answer
ofthe council being nineteen days after, and that of the house
twenty.* The deep interest of the question at issue, and the
responsibility they felt as to consequences, probably induced
them not to reply but with great consideration and caution.
There was, in truth, no neiv argument adduced by the gover
nor, for the supremacy of parliament, in the sense for which he
contended ; nor in the reply of the council or house,' for an
exemption from such authority. But the governor attempted
to reduce the general court to the dilemma of admitting the
supreme authority of parliament over the colonies, in all cases,
and to any extent; or of intending and aiming at an entire
independence of the^ British government. The reply was,
" that if such were the alternative, then the colonists were mere
slaves of the ministry and of parliament, or were totafly inde
pendent; and that they did not contend for, nor should admit
either. Notwithstanding the terrors and evfls your excellency
has pictured to us, as the effects of independence," they said,
" there is more reason to dread the consequences of absolute,
uncontrofled power, whether of a monarch or a nation, than
those of total independence. If your excellency expects to have
a line drawn by us, between the supreme authority of parlia
ment and the total independence of the colonies, we should say,
it would be an arduous undertaking, and of the highest import
ance to all the colonies ; and therefore if we could conceive of
such a line, we should be unwflling to attempt to draw it, with
out their consent in a congress. We cannot but express our
concern, that your excellency has reduced us to the unhappy
alternative either of acquiescing in your sentiments, or of freely
discussing this subject. With all the deference due to parlia
ment, we are humbly of opinion, that, as all human authority
is, and ought to be, limited, it cannot constitutionally extend its
power io ihe levying of taxes in any form, on ihe people of
this province."
The governor rejoined, by a long and labored speech, and
the councfl and house again replied to him. Their replies were
separate, but agreed in substance and in principle ; and both
* Mr. Hutchinson was, undoubtedly, mistaken here (as before, in
attributing the materials of " The Rights of the Colonies " to some one in
England) when he gives the credit of this Snswer of the house to a gentle
man of Maryland, to whom, he says, they applied for assistance, " as they
were unable to refute his arguments." It is enough, in Massachusetts, to
state who were the committee to answer bis speech, viz : Samuel Adams,
John Hancock, Joseph Hawley, Jedediah Foster, and William Phillips ;
and the committee of the council were Mr. Bowdoin, Harrison Gray, J,
Otis, senior, and Stephen Hall.
28

230 HISTORY OF MASSACHUSETTS.
contended, that, apart from natural rights, their charter declared
" they were to be governed by laws made by themselves, and
by officers chosen by themselves ; that to this privilege and
right they were also entitled as Englishmen ; and that it was
therefore an unjust usurpation in the British government to
legislate for them, to impose taxes on them, and appoint offi
cers to administer and enforce such laws within the province."
They concluded by saying, " if the doctrine we oppose be
true, then are the lands, property, liberties, and lives of the
people in this province subject to the crown and a legislative
body, in which they are not represented and have no voice.
We have, indeed, a constitution, or charter, but your excel
lency has explained it to be a mere phantom, to be limited,
controlled, superseded, and nullified, at the wfll of another.
And is this the constitution which so charmed our ancestors,
that they kept a day of thanksgiving for it? Were they men
of so little discernment, such children in understanding, as to
please themselves with the imagination, that they were blest
with the same rights and liberties which their brethren in Eng
land enjoyed ; when, at the same time, they had consented to
be ruled by a legislature, a thousand leagues distant, which
could not be supposed to be acquainted with their circumstan
ces and wants, and in which they were not in any sense repre
sented?" *
The views ofthe governor, respecting the legislative author
ity of parliament within the colonies, which went to the entire
subjection of the people to a government in which they were
not represented, served to render him very obnoxious to the
friends of civfl liberty. He had volunteered his services as an
advocate of the claims ofthe British administration to interfere
and direct in all the concerns of the province, so as to leave
no power whatever to the people, which might not be controlled
and nullified. At the session in June, new matter was fur
nished, to place him in a most unfavorable attitude. Several
of his letters were produced, wrhtenin 1768, and subsequently,
to some friends of government in England, in which he had
represented the people in Massachusetts to be in such a state
of opposition to the British administration, and the executive so
* Mr. Hutchinson says, " the style of the council and house, in thic
controversy, was correct, the reasoning plausible, and the facts so repre
sented as to give a favorable appearance to a system which was delusive.''
He says also, " that some friends of the government in England doubted
the policy of his introducing the subject, without having directions tp dc
it." It was believed that the ministry did not approve of this conduct ol
the governor. For a full view of this most interesting dispute, see Massa
chusetts State Papers.

HISTORY OF MASSACHUSETTS. 231
feeble, that a military force would be necessary to maintain the
laws'; that the counsellors ought to be appointed by the king ;
and that a revenue might well be raised in the province from
duties on trade and commerce. The publication of these let
ters caused a great excitement in the minds ofthe people. The
governor was exceedingly sensitive on the occasion : and en
deavored to shift the disgrace from himself on those who had
published his private letters. These letters not only disclosed
his subserviency to the British administration ; but his duplicity,
and his low estimation ofthe rights and liberties of the people.
In these letters, and in his speeches in January preceding,
mentioned above, Mr. Hutchinson avowed opinious quite at
variance with declarations made by him in 1764, when the
dispute began, touching the right of parliament to impose taxes
and legislate for the colonies. Though even then preferring
rather to speak of the privilege than the right of laying taxes
by the colonial assemblies, to the exclusion of the legislation of
the British parliament, yet he said " the people of Massachu
setts had always exercised the power, and thought they only
had the right to tax themselves." *
The political principles and conduct of Governor Hutchin
son were so fully understood, and so generally reprobated, at
this time, that a resolution was formed by the general court to
have hirn removed from his high station in the province. It
was true, indeed, that his sentiments were agreeable to the
British ministry, and his conduct in the chair, in most cases
approved, though some members of the government in Eng
land more than intimated, that he had pressed the doctrine of
the legislative authority of parliament in the colonies farther
than was prudent and expedient. And some of the ministry
were inclined to adopt more mild and healing measures. The
petition from Massachusetts for the removal of Governor Hutch
inson, was not sustained by sufficient proofs or reasons, and
was therefore dismissed. Soon after, however, the king was
pleased to direct him to repair to England ; but it does not
appear whether to learn from hirn more fully the state of the
province, or to remove him from a station where he was un
popular. The governor probably requested leave to go to
England. In a letter to the British ministry from the general
court, they refer to the dispute with the governor, as to the
* The council also passed resolutions condemning the letters of Mr.
Hutchinson, as highly improper and injurious to the province, as well as
inconsistent with his character and station. The committee who prepared
the resolutions of the council were Mr. Bowdoin, Mr. Sever, Professor
Winthrop, and Mr. Dexter.

232 HISTORY OF MASSACHUSETTS.
rights ofthe legislature in the province, and the authority of
pariiament over it. They were apprehensive the governor
would give an unfavorable statement of their views on the sub
ject.* They said, " they regretted that the subject had been
agitated ; but that the governor forced it on them, and they
could not acquiesce in his opinions." They declared however,
that they aimed not at independence.
At the beginning of the session, in May , (1773,) f the
house of representatives chose a large committee to correspond
with committees of the other colonies, on political subjects,
which had then some time so deeply engaged the public mind.
In 1768, a circular letter was addressed to the other colonies,
which led to no very important results, except that it might
have awakened or strengthened a common feeling in the cause
of liberty, which was dear to them all. In 1770, a committee
had been appointed by the house of assembly to correspond
with other colonial assemblies ; but no important measure of
united effort followed in opposition to British policy. At this
time, a letter had been received from the house of assembly of
Virginia, proposing a correspondence between the two colo
nies, which were the most populous in British America. The
vote in the house of Massachusetts was to open a correspon
dence with all the colonies. And this measure, as was in
tended, led to a good understanding, andto a concert of action,
between different parts of the country, and hastened that highly
important event, a congress of delegates from all the colo
nies, which was held at Phfladelphia, in September, 1774.
The tendency of this correspondence was soon perceived by
the British ministry ; and Governor Hutchinson was instructed
to signify to the general court that they had incurred his
majesty's displeasure by such a measure.
The spirit which animated the representatives of Massachu
setts, at this period, maybe seen in their reply to the governor,
who, in his displeasure at their publishing his letters and
passing resolves on the evils they might produce in England,
admonished them, (June 1773) that they 'had been a long
** The citizens of Boston, in May, 1773, voted, that if the governor should
invite the commissioners ofthe revenue to dine with him at Faneuil Hall,
they would not permit him to use it. The governor resented this conduct,
and provided another place for the public dinner, and invited the commis
sioners. t In May, 1773, at the election of members of the council. Governor
Hutchinson gave his negative to three : John Adams, William Phillips, and
Jerathmeel Bowers ; but consented to John Hancock, John Winthrop, and
three others, " who, (he said) were ofthe same sentiments with the others;
yet had they been rejected also, there would not have been a quorum."

HISTORY OF MASSACHUSETTS. 233
time together and had attended to little public business which
was necessary to be done. They said, " that if they had
not passed and published the resolves on his letters, they should
have betrayed a total want of regard for the honor and reputa
tion ofthe province and the true interests of their constituents.
If it were considered that those letters contained matters of an
extraordinary and alarming nature, we should not be remind
ed, that we are in the fourth week of the session, and that
little ofthe common business had been accomplished.* We
are answerable to none bui our constituents, for ihe iime we
spend in attending to the public business, which they have
chosen us to transact : and we are fully of ihe opinion, that
we are the only judges of the iime which is proper or neces
sary for us io take in deliberating and determining on all
matters which may justly come under our consideration."
In the fall of 1773, large quantities of tea were imported
into Boston from England, by merchants engaged in the East
India trade, but by consent and approbation of the ministry,
who were desirous, perhaps, of putting the temper of the peo
ple to another trial. The colonies, especially Massachusetts,
had afforded a great market for the sale of this article. A
drawback was allowed in England on all which was exported,
which was another inducement to send it to America. The
people of Boston had early notice of the intended shipment:
and a meeting was held, when the agreement not to purchase
or use tea was revived, and it was further determined that it
should not be landed. The consignees were desired not to
receive it, nor allow it to be taken from the ships. They de
clined making any such promise. A second meeting was
called, when it was voted, "that the duty on tea was a tax on
the people, imposed without their consent; and that sending
the article into the province, in this manner, was an attempt

* June, 1773, when the letters were written by the house of Massachu
setts to the other colonies, advising to united efforts, Governor Hutchinson
said, " they were highly improper, and a g/arimg- attempt to alter the con
stitution of the colonies. * * * that it was an act which should have
been considered an avowal of independence, and could be justified only on
the principle of independence." He expressed the opinion, that govern
ment in England ought then to have taken prompt and energetic measures.
When the governor expressed his disapprobation of these letters, the house
said, " that as he corresponded with the ministry in England, for the pur
pose of concert and strength to control and oppress the people, they consid
ered it proper to consult with the friends of liberty through the colonies."
The governor was irritated, 'and said, " this was low and vulgar abuse,
and far beneath the dignity of the house," Soon after, when the house
complained, because he would not act on their impeachment of Judge Oliver,
nor permit the subject to be laid before the council, he charged them " with
exhibiting strong marks of envy, malignity, and a revengeful spirit."

234 HISTORY OF MASSACHUSETTS.
to enforce the plan of the ministry to raise a revenue ; and was,
therefore, a direct attack on the liberties of the people ; and
that whoever should receive or vend the tea, would prove him
self an enemy to the country." A committee of the town
was again directed to wait on the consignees, with a request
that they would have no concern with the cargoes when they
arrived. They returned an evasive answer, which the town
declared to be unsatisfactory and affrontive.
When the tea arrived, another meeting of the people was
held in Boston, attended also by the Inhabitants of other towns,
some of them at the distance of twenty mfles. There was an
unusual excitement. It was said, "that the hour of ruin, or
of manly opposition had come." The word went forth, "for
all who were friends of the country to make a united resistance
to this last and worst measure of administration." At this
very populous meeting, it was voted, " to use all lawful efforts
to prevent the landing of the tea, and to have it returned to
England." The consignees became alarmed, and promised to
advise, that It should be sent back. But this was not suffi
ciently decisive to satisfy the people. And the meeting was
adjourned for several hours, to give the owners or the factor
time to decide. These protested against the proceedings of the
town : but the town forbid the landing, and even the entering
of the tea at the custom-house, at the peril of the owners.
They, however, ordered a watch of twenty-five men, for the
secJurity of the vessels and cargoes ; for they probably feared
that there would be a mob, and wished to prevent it.
In the meantime, application was made to the governor to
order clearances for the vessels, that they might return ; but
he declined, saying that it belonged to the officers of the cus
toms to decide in such cases. He had already called on the
council for advice, as to a guard to prevent riots, and to protect
the merchants in landing the teas — who had refused to inter
fere in the affair, as the civil magistrate was competent to
order it.
On the foflowing day, the citizens again assembled, to learn
the decision ofthe factors ofthe vessels and cargoes, whether
they would order them back forthwith, or not, when the sheriff
appeared with a proclamation from the governor, which de
clared the meeting unlawful, and ordered the people to dis
perse. But a vote passed unanimously, that they would not
separate, as the meeting was regular, and their object import
ant. Some of the agents of the English merchants who had
sent over the tea, sent word to the meeting, that they must
decline giving orders for the return of the ships with their

HISTORY OF MASSACHUSETTS. 235
cargoes ; but that they would consent that it should be stored
tfll they could hear from England.
The people continued in a highly excited state, the conduct
ofthe factors and consignees having given them no satisfaction.
They again resolved, that they would prevent the landing of
the tea, at every hazard. And they requested the assistance
of their fellow-citizens from the country towns, on due notice
to be given, if the exigency should require it. A portion of
the people were fully sensible of the effect of any violent pro
ceedings. They could not but expect the power of England
would be exerted to reduce the province to submission. And
they warned the more zealous and ardent, to reflect on the
consequences of the measures they might pursue, and to do
nothing which could not be justified, or which they should be
ashamed or afraid to defend, at a future day.*
When it became evident that the owners and factors of the
cargoes would not comply with the requests of the people, nor
the governor, nor the officers of the customs Interfere as in-
treated, a number of men in disguise, as the meeting broke up
at the approach of night, proceeded to the vessels, and soon
threw all the tea into the dock. No damage was done or
offered to any other property ; and but few of the inhabitants
were apprised of what was intended and executed, except those
personally engaged in the enterprise, who were about fifty.
The people through the province approved of the spirited con
duct of the Bostonians, and declared their readiness to support
them, in opposition to all unjust and oppressive measures of
the British ministry. And the opinion was Increasing, " that
if they would maintain their rights and liberties, they must
fight for them." f
During the winter session of 1774, the general court was
chiefly engaged on the subject of the judges' salaries.- Pro
vision was made in England for their support, for the purpose
of rendering them wholly independent of the colonial govern
ment. This was a matter of great complaint, as it was be
heved they would become too much under the influence of the
British ministry. The house requested the judges to decline
receiving their salary from England. Three of them declared
their readiness to receive it from the province, as they had
done. But Mr. OUver, the chief justice, said "he dare not
decline receiving it from England, without leave first obtained
* Josiah Quincy, Jr. addressed the people, on this occasion, and in this
strain, with great effect.
t This was the public declaration of Joseph Hawley, of Northampton,
and one ofthe leading members ofthe house of assembly.

236 HISTORY OF MASSACHUSETTS.
ofthe king." It was then voted, "that, by this coiiduct, he
had become obnoxious to the good people of the province, and
had rendered himself unfit to hold the office of a justice of the
court." The house then remonstrated to the governor and
councfl, against the conduct of the chief justice, and prayed
for his removal from office. The governor refused to consult
the council on the subject, on the plea, that it belonged to the
king alone to remove him. The house then addressed the
council on the subject, and the council requested the governor
to have it considered by the board. But the governor took
no notice of the application. The house, therefore, resolved,
by a vote ninety-six to nine, to impeach the chief justice of
high crimes and misdemeanors ; and both the house and coun
cil passed a resolution for the adjournment of the court to a
distant day. The governor still declined acting on the subject;
and the councfl could not with propriety proceed without him,
whfle he was in the province.
It was reported that the British ministry proposed to appoint
Mr. Pownall again to the chair, in Massachusetts, who would
probably conciliate the people ; but a majority of administration
were in favor of decided measures, and of compelling the pro
vince to submission. The Premier (Lord North) declared
"that he would never listen to petitions or complaints from the
colonies, till they were at his feet." But several members of
parliament declared the conduct of the ministers both arbitrary
and impolitic. Mr. Burke said, " it was only unjust and op
pressive laws, that the people in Massachusetts had opposed ;
and that great constitutional principles were not to be settled
by the sword." Mr. Pownall predicted, "that the people
would resist, and were prepared to resist, all attempts to coerce
them; and if there should be a rebellion in Massachusetts, the
question would be, who caused it? " * Mr. Pitt, and Mr.
Barre, also advocated the cause of the colonies, and insisted
that it was owing to unconstitutional measures of the ministry,
that any disorders had taken place.
In June, 1774, Mr. Hutchinson left the province and sailed
for England.f General Gage, who had been several years
* Dr. Franklin had said before, when questioned by the ministry, "that
there was no plan of rebellion in the colonies, but if troops were stationed
there, they would soon produce one."
t The following remarks, respecting the character of Mr. Hutchinson,
in the Boston Gazette, were attributed, by Dr. Eliot, to Hon. John Ad
ams. " It is true, that Mr. Hutchinson was amiable, and exemplary in
some respects, and very unamiable in others ; otherwise he could not have
retained so much popularity, nor made so pernicious a use of it. In several
important offices, his conduct was upright and faithful, where his political

HISTORY OF MASSACHUSETTS. 237
commander-in-chief of the British troops in America, was ap
pointed his successor, as governor of Massachusetts, and arrived
in Boston a short time before the departure of Mr. Hutchin
son. It was a critical period ; and it required much political
experience, and great moderation and prudence, as well as
decision, in one placed at the head of the province. The
people had been much oppressed and much abused by men
who sought less the public welfare than their own personal
honor or emolument ; or who, at least, sought rather to please
their superiors than to maintain the liberty and peace of their
fellow-citizens. It may be doubted, indeed, whether a
character very mild and conciliating, who might have been
chief magistrate, at that time of jealousy and discontent, could
have quieted the people and pleased the British ministry.
General Gage certainly was not the character for" such a pur
pose. Nor is it, on the other hand, any more than a matter
of conjecture, that he was appointed, because he was a mflitary
man, and would not hesitate to enforce his orders by the aid
ofthe sword.
The conduct of Governor Bernard and Governor Hutchin
son, indicated their belief, that the legislature of Massachusetts
must act at all times in entire subserviency to the administra
tion in England ; that the general assembly of the province
could only legislate so far as permitted, or not prohibited by
the parent government ; and that whenever the latter, or its
agents, disapproved, or interposed, or otherwise directed, the
general court must yield and obey. Hence their complaints of
the obstinacy, or opposition and insubordination ofthe represen
tatives of Massachusetts. Hence their representations, of the
want of due submission in the general assembly, and in the
council ; and of the weakness of the officers of the crown.
They therefore had advised to sending regular troops into the
province, to awe the people, and to nerve the arm of govern-
objeot was not aifected ; but he bent every thing to that. Had he contin
ued steadfast to those principles, which he early professed, and which had
secured him the confidence of the people, he would have lived and died
respected and beloved, and done honor to his native country. But, by
renouncing those principles, which had made him and his ancestors respec
table, his character is now considered by all Americans, and the best men
in England, as one who in all his actions, aimed at making himself great,
at the expense of the liberties of his country. He was so open to flattery,
that they were sure of his friendship who employed it. And he was very
credulous in every thing which favored his own plans, and very incredu
lous of every thing which made against him. His abilities and learning
were above the ordinary standard ; but were greatly exaggerated by bis
interested favorites. He was industrious, and had acquired much knowl
edge of history and polities ; but he did not fully understand or appreciats
the character ofthe peopla of New England."
29

238 HISTORY OF MASSACHUSETTS.
ment.* They had persuaded ministers to make the officers of
the crown wholly independent of the province. And at their
instance, it was determined to have a council, one branch of
the legislature and the advisers of the governor, appointed by
the king, instead of being elected by the representatives ofthe
people, as they had hitherto been. The council were not
sufficiently pliable to satisfy Governor Hutchinson or Governor
Bernard. It could not be truly said, of such men as Bowdoin,
the Adamses, Dexter, Hancock, Winthrop, Prescott, Sever,
Philhps, and Ward, that they were factious; but they
were firm advocates for the liberties of the people, and there
fore not the men to giva satisfaction to the agents of the Brit
ish ministry, who at that period were actuated by high tory
principles, very little less unfavorable to political freedom than
those which governed the administration ofthe Stuarts.
But the principles avowed by the more discreet of the oppo
sition in Massachusetts, and the disposition manifested by the
common people to proceed to violence against the measures of
the ministry, (as in the destruction of the tea,) led to more
decided conduct in the British government. In addition to the
appointment of counsellors by the king, the charter was so far
changed, as that the governor was to have the sole power of
appointing civil and jiidicial officers, and that jurors should be
returned by the sherifl's, instead of being drawn by lot, by the
selectmen. An act of parliament was also passed, in March,
1774, declaring Boston in a state of blockade after the 1st of
June, and shutting the port against all commerce and naviga
tion. These measures were highly obnoxious to the people,
both in principle and effect. The intelligence of these acts of
the British government was received in May, and before the
sitting of the general court. The citizens of Boston assembled
on the occasion ; and it was voted to recommend to the other
colonies to refuse all commercial intercourse with England. A
messenger was sent to Philadelphia, to communicate the vote,
who was received with great enthusiasm , and thence another
was sent to Maryland and Virginia, to give information of the
plan proposed in Boston. The inhabitants of Marblehead,
Salem, and Newburyport passed resolutions for the accommo
dation and relief of their fellow-citizens in the capital. Ano
ther meeting was held in Boston, in June, when a vote was
* Governor Hutchinson, in 1773, " agreed on a new organization and
settlement ofthe militia, as desired by the general court ; but was careful to
give commissions to such persons only as were v:dl affected to government."
Governor Bernard had been requested by the house, in 1769, to have a more
efficient organization of the militia, but he paid no attention to the request.

HISTORY OF MASSACHUSETTS. 239
passed, that an agreement, called " the solemn league and
covenant," should be offered to the people through the pro
vince, (and a copy forwarded to the other colonies) by which
they pledged themselves to use no goods imported from Great
Britain, so long as the act continued for blockading the port of
Boston. More was expected from this measure than the event
justified, though it had some effect on the merchants in Eng
land, who shipped goods for the colonies ; and Governor Gage
considered it an act of such direct opposition to the policy of
ministers, if not ofimmediate injury to the British merchants, that
he issued a proclamation, forbidding the people to subscribe
the agreement, and threatening them with transportation to
England, to be tried for treason. But such threats were lost
upon the people of Massachusetts. They felt themselves op
pressed ; they considered the measures of the parent govern
ment most arbitrary ; they were satisfied that their rights and lib
erties were not only in danger, but were actually violated ; and
with such a feeling and such a conviction, it was not in their
character to hesitate, or to stop to count the cost of opposition.
One manifestation of their feelings, at this period, was a refusal
of the grand jurors in Middlesex and Worcester, where the
superior courts were held in April, to take the usual oaths, or
to proceed to any business, until they were assured Chief Jus
tice Oliver would not attend. He had consented to receive his
salary from England, and had been impeached by the repre
sentatives, though Governor Hutchinson had not allowed a
trial ; and they declared that he had forfeited his seat on the
bench. At this time, some zealous individuals in Massachusetts and
the other colonies, made an arrangement for stated and fre
quent communications between different parts of the country.
This was attended with great advantage, in a pohtical view;
for concert of action and of opinion was seen to be essential ;
and it was important to give and receive the earliest intelli
gence, as to the measures adopted by every colony, respectively,
at this alarming and critical period. There had been a post-
office establishment in the British colonies before this time, and
Dr. Franklin, was deputy post-master-general. But he was
removed from the office, early in 1774, on account of his
political principles, and his open and warm support of the con
duct of Massachusetts, whose agent he then was in England.
On the election of counsellors, at the beginning of the ses
sion, in May, 1774, Governor Gage rejected thirteen of those
who received the votes of the general court, and who enjoyed
the highest confidence of the people, as well for discretion as

240 HISTORY OF MASSACHUSETTS.
firmness.* This was a larger number than Bernard or Hutch
inson had ever negatived at any one time. And this measure,
which discovered a disposition to offend rather than to con
ciliate, was foflowed by others, manifesting a simflar temper.
In his speech, at the opening of the session, he informed the
court, that he should adjourn them to Salem, on the first of
June: and when the committee of the councfl were reading
their answer to his speech, he abruptly forbid their proceeding,
because there was an intimation in it, that his two immediate
predecessors had been inimical to the liberties of the province.
He said, "he considered such a suggestion an insult to the king
and an affront to himself" The removal of the court from
Boston, he wefl knew would be exceedingly disagreeable to
the members of it, and to the people at large ; for be was not
ignorant of the great discontents, and the objections arising from
a simflar measure by Governor Hutchinson, a few years before,
The act could only be dictated either by a wish to censure the
people of Boston, or to show how littie he thought ofthe right
claimed by the general court, to have a voice in deciding
where its meetings should be held. The court was adjourned
to Salem, the first of June, by proclamation of the governor;
as he had signified the first day of the session. And when he
found that they were nothing intimidated by his conduct, but
were preparing measures for the safety of the province, without
consulting his pleasure, on the 17th he issued another procla
mation, to dissolve them. Before the proclamation was pub
lished, the secretary was sent to dissolve the court, by orders
of the governor ; but he was denied admittance, and the mes
senger was directed to keep the door closed. The subject
then under consideration in the house, was the appointment of
delegates, to meet others from the several colonies, in a general
congress, during the year, to propose and unite in measures for
a redress of their grievances, and for the restoration and security
ofthe political rights of all. After this measure was adopted,
and the delegates chosen for Massachusetts,! and directions
given to communicate the fact to the other colonies, the mem
bers ofthe court separated .J
" This rejection by the governor, of the counsellors elected, could be for
no other cause than their opposition to arbitrary measures, and to their
zealous advocacy of the rights and liberties of the people. They were the
following : James Bowdoin, John Winthrop, Timothy Danielson, Benja
min Austin, William Phillips, Michael Farley, James Prescott, John Adams,
Norton Quincy, Jerathmeel Bowers, Jedediah Foster, and Enoch Freeman.
t These delegates were, Thomas Cushing, Samuel Adams, Robert T.
Paine, James Bowdoin, and John Adams.
t A citizen of New York, in a letter, of June, 1774, says, " I am higbly

HISTORY OF MASSACHUSETTS. 241
During this sessson of the legislature, resolutions were adopt
ed, advising the citizens of Boston to be firm and patient, and
the people through the province to assist the inhabitants of the
capital, and all to persevere in the disuse of British goods, and
other foreign articles, which were subject to impost ; in the
hope, as they said, "that it might be seen they were not
alarmed by poverty or adversity, and that the British ministry
would relent, as to the continuance of measures so injurious
and oppressive." They also desired the governor to appoint
a day for public fasting and prayer ; but he declined. And
they then recommended a particular day for the purpose, in
imitation, as they said, of their pious ancestors, who, "on afl
occasions of common danger an3 distress, devoutly looked to
God for direction and favor."
The conduct of Governor Gage, in the short space of two
months, fully proved, that arbitrary measures were still to be
pursued, and that the voice of the representatives of the people
was not to be regarded. A large military force had been
ordered from England, and was daily expected. The pros
pect was as hopeless as in the days of the hated Andross, to
whose tyrannical administration the conduct of Governor Gage
was frequently likened. The general court was dissolved, as in
his time ; and the councfl was to consist of such persons as the
British ministry should designate. The people, however, did
not despond; and they felt it a duty to wait the result of the
deliberations of the general congress, which was expected to
assemble in the course of the year. Yet, in Massachusetts,
the people were not altogether inactive. Meetings were
holden, in most of the counties, composed of delegates from
the towns within their respective hmits, at which resolutions
were adopted, declaring their opinion, that the recent measures
of the British government were unjust and oppressive, and
their determination to maintain their liberties, at every hazard.
They referred to the conduct of the governor, "which they
considered indicative of a purpose to rule the province by
force ; " and they declared themselves in favor of a provincial
congress, as the general court had been dissolved.
The spirit and. ultimate views of the people of Massachusetts
were manifested, also, during the year, by the voluntary form
ation of independent companies of mflltia, which elected their
own officers, and met frequently for mflitary discipline. No
doubt this measure was recommended or suggested by some
pleased with the spirit of your assembl}'. It is composed of patriots, well
fitted to be entrusted with the libisarties of the people. Their resolution and
good sense would do them honor in any country under heaven."

242 HISTORY OF MASSACHUSETTS.
ofthe more discerning polititians, and yet without any settied
plan of independence, or of a resort to force, except for de
fence. As early as this period, there were frequent evidences,
that their ancient rights and liberties would not be yielded
without a struggle, and even an appeal to arms. There were
then many in the province, only in the meridian of life, who
had served as officers in the wars between England and France,
from 1755 to 1763.*

* A dispute which had been some time kept up, as to the boundary line
between Massachusetts and New York, was settled, in the spring of 1773,
to mutual satisfaction. There had been several meetings of commissioners
to adjust the dispute, but without fifect. Major Hav/ley was chairman of
the commissioners fiom Massachusetts. The commissioners from New
York insisted, that those from Massachusetts should relinquish their claims
west of Hudson River. But they would not consent; and Mr. Hutchin
son says, it was at his suggestion that they refused.

CHAPTER XVI.

Objections to the Judges — Jurors refuse to act — Colonel Hancock dismissed
from command of the Cadets — Governor Gage erects fortifications in and
near Boston, and collects military stores — Conventions in Suffolk and
Essex — Governor forbids meetings of the people — Resolutions of Con
vention — Provincial Congress — Its proceedings — Measures of the Con
tinental Congress — Committee of Safety — Delegates to second General
Congress — Clergy — New Provincial Congress, 1775 — General Warren
Chairman of Committee of Safety — British troops sent to Salem to seize
military stores.
The regular course of justice was again impeded during the
fall of this year, from objections to the chief justice, as before
mentioned. Another objection was now made against the
court. Three of the justices were among the counsellors late
ly appointed in England. To sanction their doings, and not
to disapprove even of their having seats on the bench, would
be an acknowledgment of a right in the British government
to appoint the council, and to change the charter of the prov
ince ; and an assent to the union of the judicial and executive
powers. The jurors, for Suffolk county, both grand and petit,
refused to take the usual oaths. Yet it does not appear that
any fine was imposed on the jurors ; but the court proceeded
to business, the following day, to the great surprise and dissat
isfaction of the people.*
At this time, the governor probably anticipated some forci
ble opposition to his measures, and he appeared resolved to
pursue them, even by force, if necessary, whatever might be
the opinions or complaints of the people. He ordered mflitary
* Governor Gage dismissed Mr. Hancock from the command of the
independent company of cadets, at this time, without giving any reasons
for the removal, except that Mr. Hancock had not treated him with due
respect. The company presented an address to Mr. Hancock, expressive
of their high sense of his patriotism, and of their personal regard for him.
The other officers gave up their commissions, and declared they would not
remain in the company, after their commander had been thus unjustly
treated. The want of respect charged against Mr. Hancock, by the gover
nor was not specified. It was probably a want of such servile submissiott'
as the despotic temper of General Gage required.

244 HISTORY OF MASSACHUSETTS.
stores and ordnances from New York to Boston ; and by his
directions large quantities of gunpowder, which belonged to
the province, were removed into the metropolis, from Cam
bridge and Chariestown, and placed in the keeping of British
regular troops, then lately arrived. Individuals were in the
habh of deposhing gunpowder in the public houses, for safe
keeping ; this he seized also, and refused to deliver it to the
owners. And soon after, in the fall of 1774, he caused forti
fications to be erected on the neck, at the only entrance by
land into the town.
The highly excited feelings of the people, under these cir
cumstances, broke out in some acts of menace and riot, which
no friend of law and order could fully justify. Some of the
counsellors appointed by the king resided in Cambridge, and
the people assembled from that and neighboring towns, pro
ceeded to their houses, and insisted on their tendering a resig
nation of their offices. No acts of personal violence, however,
were committed. The act was evidence of the indignation of
the people against the counsellors ; and the influence of the
more prudent prevailed to prevent further mischief, than a
temporary alarm and fear of bloodshed.
The convention of delegates for Suffolk, at this time, was
highly respectable, and the resolutions adopted very spirited.
Dr. Joseph Warren was chairman of the committee, which
reported them. He was esteemed as one ofthe most ardent and
fearless of the friends of civfl liberty. He was a good scholar,
of very popular talents, and animated by the spirit of a
martyr. In the report, it was declared, " that the mea
sures ofthe British government were dictated, not by justice
or wisdom, but by mere power and a spirit of vengeance,
exerted to extinguish civil liberty. On the wisdom, fortitude,
and exertions of the present day depends the fate of this new
world, and of the unborn mflllons of future time. If we tamely
submit to the wfll of licentious rulers, and basely yield to
arbitrary power, future generations wifl load our memories with
incessant execrations. But if we arrest the hand which would
grasp our honest gains, if we nobly defeat the fatal edict which
claims a right to bind us in all cases whatever, if we manfully
resist the unconstitutional usurpations of power put forth to
enslave us, posterity will acknowledge the virtue which pre
served them free and happy. * * * We are determined on
the defensive, so long as such conduct may be justified by rea
son and the principles of self-preservation, and no longer. We
earnestly recommend to the people to avoid all riots and
licentious attacks on persons and property ; but, by a steady

HISTORY OF MASSACHUSETTS. 245
and manly opposition, to convince our enemies that in a con
test so Important, a cause so solemn, our conduct shall be such
as to merit the approbation of the wise, and the admiration
ofthe brave and free, in every age and country."
A committee was appointed by this convention to wait on
the governor and request him to discontinue the fortifications
on the neck at the south part of Boston, as it was matter of
alarm to the country, and the soldiers were insolent and abu
sive to the people as they passed. But he declined ; and re
ferred to the military preparations making in various parts of
the province.
The convention in Essex, at the same time, (September)
was equally respectable, firm, and spirited. " Civil war,"
they said, " was to be deprecated, as a great calamity, but
they were resolved to maintain their liberties at every hazard,
even at the risk of life itself; as those could not die too eariy
who laid down their lives in support of the laws and liberties
of their country." Governor Gage forbid the town meeting
called to choose delegates to attend the convention. But the
committee, who conferred with him on the subject, expressed
their opinion that the meeting was perfectly lawful and proper.
He replied, " that he should not discuss the matter with them ;
he came not to argue, but to execute the laws of parliament,
and was determined they should be executed." He added,
" that if the citizens should assemble, he would send the sheriff
to disperse them ; and if the sheriff needed support, be would
himself support him with his troops." The troops were, in
fact, ordered to be in readiness ; but before they received fur
ther orders, the people had chosen their delegates and separa
ted. Warrants were made out to arrest the persons chosen,
and some of them were arrested ; but they found bail, and no
further prosecution was had against thein.
In compliance with the opinion and wishes of the people
through the province, delegates were chosen in September, to
meet in October, to attend to the publicinterests and safety, at
that most critical period, when theie was no general court, and
the arm of power was stretched out to crush them. They
met in Salem, to the number of 288, and chose John Hancock,
President, and Benjamin Lincoln, Secretary ; and adjourned
to meet forthwith, at Concord. This body was called a pro
vincial congress; and a large committee was appointed to
consider the state ol the province. They prepared an address
to the governor, which was presented to him by a committee
of twenty-one of the convention.* The purport of the address
* This committee was composed of Col, Lee, Col. Ward, Col. Oine,
30

246 HISTORY OF MASSACHUSETTS.
was, that they had met to consult for the public welfare, and
they now hoped that the measures, of which the people had
complained, which were oppressive in their effects, and deem
ed to be infringements on their rights and liberties, would be
pursued no longer, that the troops would be withdrawn, and
all hostfle preparations be discontinued. They professed their
loyalty to the king, and expressed a desire for the restoration
of harmony with the parent government. The governor
repfied, that he felt himself justified in his conduct, and that
there was no design to enslave or oppress the people ; and he
would have them reflect whether their meeting was not a vio
lation of their charter, which they admitted to be their guide.
The congress adjourned to meet at Cambridge the following
week ; when another committee was chosen to take measures
for the defence of the province.
There was now a large military force in Boston, under the
command ofthe governor, ready to obey him in the execution
of any orders he might give. And he had already declared,
that It was not his duty to justify the acts of the British minis
try, but to enforce them. Great firmness and prudence were
necessary in the provincial, as wefl as in the general congress.
The object they had in view was most just and praiseworthy;
it was the preservation of civil fiberty, long enjoyed in the
colonies. It was necessary that the means adopted to secure
.the blessing, should be wise and proper. Rash councils and
violent proceedings might essentially injure the cause in which
they were engaged. It was their policy to act merely on the
defensive ; or to adopt measures of precaution, and be prepared
for any exigency which should occur. They had, indeed,
already often petitioned and remonstrated, but it had been en
tirely in vain. The general congress had then recently adopt
ed the same course Massachusetts had before pursued. Peti
tions were forwarded from that august body to the king, and to
parliament; tothe people of England; and to the people in
the colonies. And the congress adjourned, to wait the event of
their appeals and memorials to the British government.
Many of the committee of the provincial congress were
military officers ; and they were directed to ascertain the
quantity of arms, cannon, and gunpowder, in the province;
and to encourage mflitary discipline among the citizens. The
Cnpt, Thomas Gardner, Henry Gardner, Esq., N. Gorham, Esq., Mr. De-
veus. Col. Pomeroy, Hon, Col. Prescott, Col. Thayer, Mr. Williams,
Capt. Heath, Capt, Upham, Mr, Barnes, Capt. Doolittle, Mr. Lothrop,
Major Thompson, Mr. Pickering, Mr. Palmer, Mr. Brown, and Mr. Thomp
son.

HISTORY OF MASSACHUSETTS. 247
collectors of taxes were also directed not to pay the money in
their hands, or to be received, to the treasurer of the province,
who was then under the influence of the governor ; but to
retain it subject to the orders of the congress. And soon after
another treasurer was chosen to receive it. A committee was
then appointed, of an executive character, and called "the
committee of safety," * to continue to act after the adjourn
ment: and three general officers were chosen to comrnand the
mflitary of the province.f
The provincial congress met again the last of November,
and continued in session fourteen days. Most of the coun
sellors, elected in May preceding, attended, as they had been
requested. The delegates to the - general congress from the
province, having returned, and being members of this body
also, appeared at this time ; and communicated the proceedings
ofthe congress, which had been held in Philadelphia ; which
were fufly approved. Several of the counsellors appointed
by the king, gave notice to the meeting, that they had declined
the appointment. Five delegates were elected to attend an
other general congress, to meet at Philadelphia, in May fol
lowing, unless business should require their meeting at an earlier
day. They were the same persons who were delegates in the
former congress, except Mr. Hancock was chosen instead of
Mr. Bowdoin, who declined. An address was also made to
the clergy in the province, requesting their influence in favor
of a compliance, by the people, with the resolves for the disuse
of British goods, and for the encouragement of manufactures
among themselves. The clergy were the firm friends of civil
liberty ; and, during the whole controversy with England, and
the struggle which followed, supported the patriots in their
measures for maintaining the rights of the people.
When this provincial congress separated, on the 10th of
December, it recommended to the people to choose delegates
for another, to meet in February foflowing, and published an
address to their constituents ; in which they observed, that they
had adopted or proposed such measures as they believed
proper, in the situation of the province ; that it was necessary
* This committee consisted of Hon. John Hancock, Dr. Joseph Warren,
Dr. B. Church, Mr. Devens, of Charlestown, Capt. B. White, Mr. J.
Palmer, and Norton Quincy, of Braintree, Capt, A. Watson, of Cambridge,
and Col. Orne, of Marblehead. And others were added to the committee
afterwards. f These were Col. Ward, of Worcester, Col. Thomas, of Plymouth, and
Col. Pomeroy, of Hampshire, who had been field officers in the war of
1756-'60 ; who were esteemed for their intelligence, patriotism and bravery ;
and who were afterwards appointed general officers.

248 HISTORY OF MASSACHUSETTS.
for the people to be preparing to defend their liberties and
rights ; and yet that they had hope in the wisdom and clemency
of the king, and in the justice of pariiament, if they could have
a true representation of the sentiments and designs of the
colonists. The people were exhorted, " to consider their dan
ger, and to be prepared to meet and avert it, by their love of
liberty and of their country, by respect for the memories of
their ancestors, and by a regard for posterity ; and to remem
ber that they must stand or fall w ith the liberties of America."
The men who made this address were not innovators, nor were
they ambitious, nor enemies of regular government and whole
some laws; they were moral, religious, discreet, intelligent,
and desirous of enjoying themselves and handing down to their
children that degree of civfl liberty, which the people of the
colony had possessed, and which the whigs, of 1688, in Eng
land, contended for and acquired. But the ministerial agents
in the province were of opinion, that the people were not to
judge what portion of freedom they must have ; and should be
thankful for what was granted them, as a privilege. It was,
indeed, expressly declared, that the people in the colonies
could not justiy expect so much liberty, as those who were in
England ; and as they had chosen to settle and live at the dis
tance of three thousand mfles, they must be content with such
a measure of freedom, as the British government might think
sufficient for them.*
The new congress of Massachusetts met in February, 1775,
as had been proposed. The committee of safety was contin
ued, and its powers enlarged. They were clothed with author
ity to call out the mflitia, if necessary, and to oppose all attempts
to enforce the obnoxious laws of parliament. They were also
directed to take charge ofthe military stores and implements In
the province. And the militia were desired to conform to their
commands. A return of arms, ammunition, and of men, was
ordered to be made, at an early day. Concord and Worcester
were designated as suitable places to deposit the mflitary stores.
Two more general officers were appointed ; and the people
were urged to manufacture saltpetre as a material for gunpow
der. Another address was also sent out to the people, appeal
ing to their patriotic feelings, and exhorting them to prudence,
firmness, and resolution, in the event of an attack on their lib
erties by force. A new committee was chosen to correspond
with the other colonies ; and the members from Boston were
authorized to call a meeting at any time they might think neces-
• See Hutchinson, Vol, III, 409. London cd, 1828.

HISTORY OF MASSACHUSETTS. 249
sary. On the first of February, the provincial congress adjourn
ed to the 22d of March. Mr. Hancock was chairman of the
committee of safety, at this time; but when he went to Phila
delphia, early in the spring, to attend the continental congress.
Dr. Joseph Warren was appointed in his place.
Governor Gage was not ignorant ofthe proceedings of either
the continental or provincial congress; and he was disposed to
take possession of such military stores as were in the vicinity of
Boston, where were his head quarters. He was informed that
there was a quantity at Salem or Danvers ; and he sent a de
tachment of 150 men, by way of Marblehead, whither they
were transported by water, to seize them. When the troops
reached Salem, it was said the stores were at Danvers. In
proceeding to that viflage, it was necessary to pass a bridge, on
the way from Salem. When the British troops arrived at the
bridge, they found about fifty of the mihtia posted there under
Colonel Pickering. They had taken up the bridge, and
appeared determined not to permit the British detachment to
pass. The commander of the corps ordered, that the planks
of the bridge be replaced. But his orders were disregarded.
The British officer was much excited, and declared he would
proceed. Some ofthe citizens of Salem endeavored to prevafl
with him to return ; intimating that if he attempted to pass by
force, or should offer any violence, he would be opposed at
every hazard, by the mihtia on the other side, who were then
much increased in number, and were determined to oppose
force to force. A compromise was effected.* The planks of
the bridge were replaced ; the British officer and some of his
men were suffered to pass over, and then immediately returned.
The affair was brought to an issue, without bloodshed. But it
served to shew the British general, that the Americans had
spirit and resolution to defend their rights ; and to convince
the latter, that there must be a resort to force, unless the peo
ple submitted to the arbitrary acts of the British parliament.
* Rev. Dr. Barnard, of Salem, was acquainted with the British officer
who commanded the party. He proceeded to the spot, and assured the
officer that Col. Pickering and his men would never permit him to seize
the stores.

CHAPTER XVII,

Third Provincial Congress, March, 1775 — Its advice and orders — More
British troops arrive — War or submission. — British Patriots' — Affair at
Lexington and Concord — Meeting of Provincial Congress — More men
raised — Governor Gage denounced as an enemy to the Province —
Militia collect at Cambridge and Roxbury, and from Massachusetts,
Connecticut, New Hampshire, and Rhode Island — Advice of General
Congress desired, as to civil government — Measures of defence — Battle
of Bunker Hill — Great slaughter — Death of General Warren — Cause
of its Failure — General Washington appointed Commander-in-chief —
Measures adopted to augment the Army,
The provincial congress was again held the 22d of March
at Concord. The affair at Salei-n, and the movements of Gen
eral Gage excited apprehensions of attacks on other places ;
and a report was circulated that the British troops in Boston
would be sent out to destroy- the military stores which had been
collected. It was an object with the congress to strengthen
the committee of safety, and to prepare for self-defence, if the
British should make such an attempt. The elite corps, or minute
companies, were desired to improve themselves in mflitary dis
cipline ; and several artiflery companies were ordered to be
raised. The people were urged to pay their taxes to the new
treasurer, with all possible despatch; and loans were solicited
for the use of the province. The counsellors who had been
appointed by the British ministers, and who had accepted the
trust, were declared to be enemies to the country.*
Early in the spring, an additional number of British troops
arrived at Boston ; and an opinion prevafled, that the crisis was
approaching, when the alternative must be base submission oi
war. With a very great majority of the people, there was no
hesitation as to the choice. A few, indeed, who had long
opposed the policy of the parent government, thought it would
be most prudent stifl to petition and submit. But the love of
* Those who declined acting, by virtue of their appointment by the
king, were Danforth, Powell, Watson, Russell, Lee, Royall, Hooper,
Worthington, Paine, Williams, Vassall, Palrrier, and Woodbridge.

HISTORY or MASSACHUSETTS. 251
hberty was so strong with the great body of the people, includ
ing a due proportion of the best educated and opulent, that
they were resolved to oppose the measures of administration in
England, at every hazard. They admitted that the prospect
presented almost insuperable difficulties. But, probably, they
looked to the support to be given by the whole country, as
some cause for hope ; and stfll cherished a belief, that the
friends of constitutional freedom in England would have influ
ence to introduce more favorable counsels. The strong mea
sures then adopted by ministers were opposed by Lord Chat
ham, and others ; who expressly declared, " that they consid
ered the people of Massachusetts as standing in defence of
constitutional rights, and the conduct of administration as unjust
and tyrannical." They predicted forcible opposition, and even
expressed a hope that success might attend the struggle of the
colonies for political liberty. It was believed, that ministers
hesitated; for a concfliatory plan was proposed, for the colonies
to tax themselves, as had been made in 1765; but it was only
a suggestion, and too indefinite to lead to any relaxation of
measures of defence in America. It was afterwards disclosed
to be only a pretence, for the purpose of preventing a union of
the people in different parts ofthe country.
Before the provincial congress separated, which was on the
I5th of April, it was agreed to raise troops immediately, for the
defence of the province : for it was known that General Gage
had received orders to put down all opposition ; and afl the
civil power was concentrated in him, with an army for his
support. The committee of safety was directed to appoint
field officers for the regiments to be raised, and to make the
greatest preparations for defence which the resources of the
province would afford. Committees were also chosen to visit
New Hampshire, Connecticut, and Rhode Island, to inform
them of the measures adopted in Massachusetts, and to request
their support and cooperation, as events might require. This
meeting took care also to provide for another assembly of dele
gates or representatives of the people, to be held on the last
Wednesday of May, the usual time for the organization of the
general court.
On the 18th of Aprfl, several British military officers from
^Boston were observed riding through Cambridge and on the
road to Lexington ; and an apprehension arose that some hostile
movement was at hand. The committee of safety gave orders
for the removal ofthe stores from Concord. Dr. Warren, the
chairman, who was most vigilant and enterprising, and who had
directed a constant watch of the troops, received notice during

252 HISTORY OP MASSACHUSETTS.
the night ofthe 18th, that a detachment ofthe British forces in
Boston, of 1000 men, were landing at Lechmere's Point, in
Cambridge. He immediately despatched messengers to Lex
ington and Concord lo give the people notice, that they would
probably be attacked. Directions were given for the mflitia to
protect such stores at Concord as had not been removed. No
tice was also sent to Mr. Adams and Mr. Hancock, who were then
at the house of the clergyman, in Lexington, of the expected
approach of the British troops. These two patriots were
among the most active opponents of arbitrary power, and
were particularly denounced, as deserving the vengeance of the
British government. The detachment of British troops arrived
at Lexington, near the church, soon after day-light. A com
pany of the militia was already collected there. The British
commander rode up to them, and said, " Disperse ! you damned
rebels, disperse!" and immediately fired his pistol; and the
soldiers who were in front fired also. The militia dispersed,
but some of them fired on the British as they retired. In this
attack, eight of the mflitia were killed and several wounded.
The British reported, that the militia first fired; but it was
fully proved afterwards, that the British began the attack, and
that the firing from the Americans was only from a few as they
were retiring.
The British detachment proceeded to Concord, about five
miles further, without meeting any opposition. Some of the
militia had assembled at this place, under arms, on the intefli
gence that the British troops were advancing. These were
not very numerous ; and they retired to a bridge, at the dis
tance of nearly two miles, where they made a stand ; in the
expectation, probably, that the British forces would not pursue
them, or that others of the mflitia would come to their aid.
A part of the British troops followed them to the bridge. The
mflitia, who were on the farther side, were desirous of return
ing to the village, to protect the people and their property, as
well as the public stores. To prevent this, the British re
moved a part of the bridge ; but the militia pressed forward,
as if resolved to go to the village. The British troops then
fired on them ; and the fire was returned by the Americans
with spirit and effect. And the former were pursued near to
the vfllage, when the militia received a check from the united
force of the whole detachment. The mflitia, however, poured
in from the vicinity ; and the British commander gave orders
to return to Boston. The mflitia hung upon their rear; and
many of the regular troops were kflled aud wounded. At
Lexington, they received a reinforcement from General Gage,

HISTORY OF MASSACHUSETTS. 253
which rendered them so formidable that it was not prudent for
the militia to make any systematic attack on them. Part of a
regiment from Salem, under Colonel Pickering, reached Med
ford late in the afternoon, but not in season to give them any
check. The loss of the British, on this occasion, killed,
wounded, and missing, was nearly three hundred ; and upwards
of eighty ofthe militia were killed or wounded.
The provincial congress assembled again, on the 22d of the
month, and voted to raise thirteen thousand men, who were to
repair to Cambridge and vicinity, without delay. They also
again made application to the neighboring colonies, for them to
proceed to the same place. They said, "they had no hope
left but in a large mflitary force, sufficient to strike terror into
the hearts of their enemies;" as they now for the first time
cafled the British; "and they were determined to part with
their hberties, only at the price of their lives." They de
nounced Governor Gage, as an enemy to the province, and an
agent of tyrannical rulers, to oppress and enslave the people.
And he, in his turn, issued a proclamation, declaring Massa
chusetts to be in a state of rebellion. In some of his conduct.
General Gage was not only severe, but unjust. He pro
mised to allow the citizens of Boston to leave the town, on
condition of depositing their arms in a public place under his
command ; but when they gave up their arms, he utterly re
fused to let them go; as the hardened Pharaoh did the people
of Israel.
Within ten days after the affair at Lexington and Concord,
a large number of the mflitia collected In Cambridge and Rox
bury; but many of them without suitable military equipments;
and their organization was quite imperfect. The alarm occa
sioned by the battle at Concord, was very great; but a reso
lution was manifested, to hasten to the place of danger, and, if
possible, to prevent further aggressions. Some of the militia
from Connecticut, New Hampshire, and Rhode Island, arrived
at an early day, accompanied by individuals who had been
brave officers in the campaigns of 1756-,'60.*
A statement was made to the continental congress, then
sitting in Phfladelphia, ofthe affair at Concord and Lexington,
and of the preparations made and making for defence. That
august body approved of the conduct of Massachusetts, and
recommended to all the other colonies to raise men and forward
them to the neighborhood of Boston to act for the general
welfare. * The most distinguished were Col. Israel Putnam, of Connecticut, Col.
John Stark, of New Hampshire, and Col. Greene, of Rhode Island.
31

254 HISTORY OF MASSACHUSETTS.
At this time, the congress of Massachusetts applied to the
continental congress for advice, as to the form of government
proper to be adopted, in their peculiar situation. They had
declared against the authority of Governor Gage, and of the
counsellors appointed by the king; and though they had
assumed the civfl authority in the province, it was not pre
cisely in the way pointed out in their charter. There was no
general court and no house of assembly, according to the direc
tions of that instrument. But they had acted, for several
months, as the representatives of the people, chosen according
to ancient usage : and had appointed a committee of safety,
who performed the appropriate duties of the executive depart
ment. They were sensible this was only a temporary form
of government, for the immediate exigency of the occasion;
but did not wish to establish a government, without consulting
the other colonies. They had been compefled to raise troops;
yet, as the military, in afl free stales, should be subordinate to
the civil power, they said they were concerned at having an
army, even of their own citizens, without a civil power to pro
vide for and control it. Few disorders or inconveniences had
happened, in this period; for the great object of self defence,
and of the preservation of liberty against arbitrary power, pre
vented all private disputes among the people. As the general
congress did not immediately reply, another application was
made for advice ; which shewed the desire of Massachusetts,
to have a fixed form of civil government, and to receive the
approbation of the rest of America, in an affair of such vast
importance. A few weeks after, the opinion of the general
congress was received, " that it would be proper to conform,
as far as might be, to the provisions of their charter; — to elect
representatives, and these representatives to choose counsel
lors, who were to form an executive department, and exercise
the powers before vested in the governor and council." This
plan met the views of the people generally in Massachusetts,
and undoubtedly was suggested by some of her eminent citi
zens, either in the general, or in the provincial congress.
The provincial congress continued in session tifl the 27th of
May ; after a few days another assembled, which was before
the opinion and advice of the general congress had been re
ceived. This continued together only a short time, and
ordered, that representatives should be elected to meet in July,
to proceed agreeably to the opinion given by the continental
congress. While together, further measures were adopted, by
the provincial congress, for organizing the militia, who had'
assembled at Cambridge and Roxbury, and to provide for their

HISTORY OF MASSACHUSETTS. 255
efficient equipment. There was an apprehension, that the
British General would make an attack on the Americans, with
all his forces ; and the provincial troops were generally deficient
in arms and gunpowder. It was desired, if possible, to give the
enemy a check, if they should leave Boston, and prevent their
penetrating into the interior. By the last of May, there were
twenty two regiments in the vicinity of Boston, besides the
troops from the adjoining provinces. Artemas Ward was ap
pointed commander-in-chief, and John Thomas second in com
mand ; the former was at Cambridge and the latter at Roxbury.
The Connecticut men, under General Putnam, and those of
New Hampshire, under Colonel Stark, were, in some measure,
independent ofthe Massachusetts mflitia; but there was a per-
fectiy good understanding between them. It was not tfll July,
when the continental congress undertook to organize the army,
and appointed George Washington commander-in-chief, that a
complete organization and system was formed.
It was not to be supposed that General Gage would remain
long inactive, when he had a large body of regular troops under
his command, and the Americans, though rather more numer
ous, were so poorly disciplined and equipped. A report was
circulated, that he intended to lake possession of the heights of
Dorchester and of Charlestown, and to erect fortifications
thereon; where his men would be better situated for making
any future attacks. On the fifteenth of June, the committee
of safety gave orders for the mflitia to be prepared to march at
the shortest notice : and it was proposed to take possession of
the hills in Dorchester and Charlestown, before the British
General should order his troops there. After some consulta
tion, it was decided to fortify the heights of Charlestown only,
at that time. A detachment, of about twelve hundred men,
was ordered to that place, on the evening of the sixteenth, and
at the day-light of the following morning, a redoubt was thrown
up, on the eminence south of Bunker Hfll, and much nearer
the river, which separates Charlestown from Boston. At this
time, they were discovered by the British in the capital ,* and
a ship of war lying in the river opened a heavy fire upon them.
They were also fired upon from the fort on Copp's Hill, at the
north part of Boston, and from several armed vessels, which
had come up on the western side of Charlestown. By noon,
they were exposed to a heavy fire from various directions.
They were much fatigued by the labor of the night and morn
ing, in throwing up the redoubt and breastwork. No recruits
had then arrived from the main army at Cambridge. A littie
after two o'clock, a large body of Britisn troops passed over

256 HISTORY OF MASSACHUSETTS.
from Boston, estimated at neariy three tiiousand, and landed
at a point south-east ofthe redoubt where the Americans were
posted. At this time, some Connecticut troops, under General
Putnam, arrived near the redoubt, and on the descent of the
eastern side of the hill, whfle the British were forming. They
threw up some new mown grass against the fence, and waited
the approach of the enemy : and before the attack was made,
some of the New Hampshire militia arrived, and were posted
near to the Connecticut troops: for it was evident the British
Intended to attack the redoubt, where Colonel Prescott was
posted with the Massachusetts troops, on the rear, rather than
to march directiy up in front. The number of Americans, at
this time, in the fort, and by the fence, on the easteriy side of
the hfll, were about two thousand, or two thousand two hun
dred. Colonel Prescott commanded at the fort ; but it ap
peared that General Putnam had the direction or inspection of
the whole, as he rode from the fence to the fort and back,
several times, and also as far as the neck, to hasten the recruits,
which were ordered on at a late hour. That no earlier or
greater reinforcements were sent on to Charlestown from Cam
bridge, was probably owing to an apprehension, that the Brit
ish would make an attack on the militia in that place, by cross
ing the bay, from the western part of Boston.
About three o'clock, the British troops marched up, as was
expected, chiefly towards the Americans posted at the fence,
on the eastern declivity of the hill, on which the redoubt had
been thrown up ; and began the fire, when at some distance.
The militia had been ordered to reserve their fire tfll the
enemy should approach very near: and when the word was
given, they poured such an Incessant fire on the British regu
lars, that great numbers fell, and the others soon retreated to
the place where they landed. They were soon rallied again
by their officers ; and again were repulsed In a simflar manner
as before, and with great slaughter.* The British in Boston
were spectators of the scene. And a reinforcement was sent
over immediately. The Americans received but little addi
tional aid, which was obtained by General Putman, who rode
over the neck, and sent on such of the mihtia as were near.
When the third attack was made by the British, they had
more light artillery ; and the militia under Putnam and Pres
cott, had but one company, and that was not well prepared.
The attack was now made more directly on the redoubt, but
* At this time the town of Charlestown was set on fire, which added to
the horrors of the day.

HISTORY OF MASSACHUSETTS. 257
in two parts at the same time. The Americans had but littie
ammunition, which was soon expended, and very few of them
had bayonets. They received the British bravely ;* but were
soon ordered to retreat. Those in the redoubt retired first,
and were in some measure covered by those at the fence, on
the eastern side ofthe hifl.
Dr. Joseph Warren, who was then president of the provincial
congress, a few days before appointed a major-general, was
slain, near the close of the action. He was not in command
on that occasion, and w-as merely a volunteer. His ardent
patriotism would not suffer hirn to remain at a distance from
the scene of danger. He was urged not to go and expose
himself unnecessarily; he replied, "that he could not rest
while others were fighting for the country, but he must take
a part with them."
General Warren had the confidence and affection of the
people in a remarkable degree. He was possessed of ardent
feelings and honorable principles ; and the spirit of patriotism
was as pure as it was warm in his heart. He was in the prime
of life, and of the best education the country could afford.
The other men of distinction, who were killed or mortally
wounded, were Colonel Thomas Gardner, Lieutenant Colonel
Parker, and Majors Moore and McClary. The loss of hfe,
on this memorable day, was very great. Of the Americans,
about one hundred were killed, and nearly three hundred
wounded or taken; of the latter between thirty and forty.
The British had between fourteen and fifteen hundred,f killed
and wounded : a large proportion of which were killed, includ
ing upwards of eighty officers. J
This was a disastrous event to Massachusetts; but the peo
ple did not despond. And if there was some want of system
and promptness on the occasion, those who had proposed
taking possession of the place were not blamed. There^was
* The British officers said, " the Americans fought like devils."
t One account gave eleven hundred wounded, and seven hundred and
forty-five killed. The British only would know, and they were unwilling
to confess the full extent of their loss.
t The numbers engaged, on each side, in this battle, have been variously
given. Prescott went on with one thousand, or a little more : parts of three
regiments, but not full ones. He was reinforced with a very few, till just
before the battle began, when probably one thousand more arrived ; all
making about two thousand, or two thousand two hundred. The British
consisted of about three thousand, at first, and afterwards one thousand, or
fifteen hundred were added. But some have estimated the whole at five
thousand. This is probably too high. When they made the third and last
attack they had not many more than at the first ; but in the two first repulses
their loss was very great.

258 HISTORY OF MASSACHUSETTS.
evidentiy a want of plan in the enterprise ; but, perhaps, the
unprepared condition of the country is a sufficient excuse for
the imperfection of the arrangements. If the militia at the
redoubt had been aided by one thousand more men from Cam
bridge, by noon, which might have been easily done, and more
ammunition sent, the British would not have taken the fort.
But there was littie ammunition in the whole army then col
lected; and if there was just cause to fear an attack from the
British, on the American main army, it might have been good
policy not to weaken it, by sending a reinforcement to Charles
town. The British generals were convinced that the Ameri
cans wovHA fight, as well as argue, for their rights; and were
thus deterred from making another attack for a long time,
which gave opportunity to collect military stores, and teach
the men the mflitary discipline, necessary to fit them to oppose
the regular troops of Britain with effect.
On the day ofthe battle in Charlestown, the provincial con
gress, then in session at Watertown, voted to procure provi
sions for the troops, who were then under enlistment for eight
months, and to collect fire arms wherever to be found. And
the committee of safety issued orders for all the mflitia within
twenty miles to repair to Cambridge. The aid of the adjoin
ing colonies was again solicited, in furnishing more troops ; and
it was stated that there were ten thousand regular troops in
Boston, under General Gage, and that more were daily ex
pected. Application was made to the continental congress,
at Phfladelphia, that they would appoint a general-in-chief, to
command the whole American forces. The Massachusetts
congress had made such a request soon after the affair at Lex
ington and Concord ; and the general congress had already
acted on the subject. On the fifteenth of June, it voted to
appoint such an officer; and on the sixteenth, on motion of
one of the delegates from Massachusetts, George Washing
ton, then a member of that body, was unanimously elected.
Four major generals were chosen, a few days after, one of
whom was Artemas Ward, of Massachusetts ; and eight briga
dier generals, three of them from Massachusetts, John Thomas,
William Heath, and Seth Pomery.*
* Dr. Benjamin Church, who had acted with the patriots, and was one
ofthe representatives of Boston, was detected, about this time, in corres
ponding with the British officers. He was arrested and examined by a
committee ofthe representatives. His conduct was considered very repre
hensible ; but he was only punished by being expelled from being a mem
ber of the house. He complained of his treatment; while others thought
he merited a more severe punishment. His letters were in characters, but
were decyphered by Rev. Dr. Samuel West, of Dartmouth,

HISTORY OF MASSACHUSETTS. 259
General Washington arrived at Cambridge on the second of
July, and took command ofthe troops there assembled. The
congress of Massachusetts sent a committe to meet him at the
western bounds of the province; and when he reached Cam
bridge, made an address to him, declaring their entire confi
dence in his patriotism, his ability and wisdom, and their readi
ness to afford him all the aid in their power. In his reply,
he spoke of their zeal, their sufferings and services, in the
cause of the liberties of the country, and of his need of their
support in the trying duties which he had undertaken. His
reply was characteristic of the wisdom, intelligence, and
modesty of one, who, through his whole life, and especially
after this period, received the universal esteem, confidence,
and admiration of the country.*
* General Washington was instructed, by the continental congress, to
consult the civil authority of Massachusetts, and in his military operations,
to conform, as far as possible, to their wishes and directions. His conduct,
while in the province, was agreeable to his instructions. His own sense of
right would suggest the same course to him. For, though a brave officer,
he knew the importance of submitting to the civil authority.

CHAPTER XVIII.

Representatives meet, 19th July, 1775, and elect an Executive Council —
Population and state ofthe Prbvince — Army at Cambridge aud Roxbury
— ijestitute of equipments — Want of cannon, fire-arms, and powder —
Falmouth burnt by the British — Powder Mills erected — Measures of de
fence adopted — Forts built — Privations — Courts organized — Public ex
penses — Invasion of Canada unsuccessful — Death of General Mont
gomery — Men enlisted for a year — Plan to attack Boston— Dorchester
Heights fortified — British leave Boston.
On the nineteenth of July, representatives having been
elected, in conformity to the advice of the continental con
gress, a house of assembly was held at Watertown, consisting
of two hundred and six members; the most of whom had been
delegates to the provincial congress, which had been in session
for some time, till the eighteenth. They proceeded to elect
counsellors, who were to act as one branch of the legislature,
and also as the executive of the province, or commonwealth.
And the following named persons were chosen : James Bow
doin, John Hancock, Benjamin Greenleaf, Joseph Gerrish,
Samuel Adams, Wflliam Sever, Jedediah Foster, Michael
Farley, Joseph Palmer, Jabez Fisher, John Pitts, John Win
throp, John Adams, Thomas Cushing, Benjamin Lincoln,
Caleb Cushing, James Prescott, Azor Orne, Walter Spooner,
James Otis, Robert T. Paine, Benjamin Chadbourn, Enoch
Freeman, Charles Chauncey, Moses Gill, Samuel Holten, E.
Taylor, and J. Taylor. .Samuel Adams was chosen secretary;
but, as he was a delegate to the continental congress, Perez
Morton was appointed deputy secretary.
It was voted, by the representatives, that the councfl should
exercise all the authority formerly in the hands of the governor
and council ; and that their acts should be observed accord
ingly. The ordinary civfl affairs of the state were conducted
with remarkable order and quiet ; there were no acts of vio
lence or irregularity committed, and no complaints of injustice
or opposition. But the judicial courts were not duly organized
till November.

HISTORY OF MASSAOHUSETTS. 261
In the month of August, the troops at Cambridge and vicinity
were formed into a continental army, under General Washing
ton, whose commission was from the general congress. His
quarters were in Cambridge. General Ward was put in com
mand of the right wing, at Roxbury, and General Lee, of the
left wing, at Prospect Hifl.
The whole number of American troops, at this time, was
estimated at fifteen thousand ; of which nine thousand were of
Massachusetts,* and most of the remainder from Connecticut,
New Hampshire, and Rhode Island. But several companies
of riflemen soon after were added, from Pennsylvania, Mary
land, and Virginia.
In July, 1775, the continental congress published a statement
ofthe causes of a resort to arms. They gave a view of their
rights, and of the late measures of the British parhament and
ministry, by which their rights were infringed and violated.
They professed a desire that the union with England might be
continued, by a change of policy under which they suffered.
" The usurpations of power, and the restraints on their liberty,
as recently made," they said, " they could not endure. We
have remonstrated and petitioned, but all in vain. The terms
proposed by the British ministry were as humiliating as could
be dictated by remorseless victors to conquered enemies. In
our condition, to accept them would be to deserve them. We
are reduced to the alternative of unconditional submission to
tyrannical rulers, or resistance by force. The latter is our
choice. We have counted the cost, and find nothing so dread
ful as voluntary slavery. Honor, justice, and humanity, forbid
us tamely to surrender that freedom, which we received from
our gallant ancestors, and which our innocent posterity have a
right to receive from us. We cannot endure the infamy and
guflt of resigning future generations to that wretchedness
which inevitably awaits them, if we basely entail hereditary
bondage upon them. * * * Our cause is just ; our union is
perfect ; our internal resources are great ; and we solemnly
declare, before God and the world, that, exerting all the means
and power which our Creator hath bestowed, we wfll employ
the arms which our implacable enemies have compelled us to
use, with unabating perseverance and at every hazard, for the
* The population of Massachusetts, at this time, was upwards of font
hundred thousand, including Maine, which consisted of about ninety-five
thousand. The harbor of Boston, and most of the coast, were exposed to
British armed ships ; and the fishing and coasting business, as well as for-
eign navigation, were entirely suspended.
32

36§ HISTORY OF MASSACHUSETTS.
preservation of our liberties ; being With one mind resolved to
die freemen rather than to live slaves. But we have not raised
an army with the ambitious design of separating from Great
Britain, and establishing independent states. We fight not for
glory or conquest. In our own native land, in defence of the
freedom which is our birthright, and which we have ever
enjoyed tifl the late violations of it, for the protection of our
property, acquired by honest industry, against violence actually
offered, we have taken up arms. We shall lay them down
when hostifities shafl cease on the part of our aggressors, and
not before."
It required great attention and prudence to introduce the
necessary discipline among the troops. They were the yeo
manry of the country, and had voluntarily engaged in mflitary
services, from purely patriotic motives. Most of them were
unused to a military life, and insensible of the necessity of
subordination and strict obedience to their officers. The insuf
ficiency of cannon, fire-arms, and powder, was another serious
defect, requiring early attention. The towns were called upon
by the congress of Massachusetts, at the request of General
Washington, to send a portion of their common stock, which
which was soon forwarded ; but there were very few cannon to
be had in the country. Some were brought soon after from
Ticonderoga and Crown Point, which had been captured in
May, of that year, by volunteers from Connecticut, Vermont,
and the county of Berkshire, in Massachusetts. The greater
part taken at those places, however, was not transported untfl
the winter following, when the conveyance was comparatively
easy. General Washington also cafled for more of the militia
of Massachusetts, as it was apprehended the British would
make an attack on the American lines, and the number of the
militia assembled was not found to be so great as had been first
reported. A committee of the Massachusetts assembly was sent to Lake
Champlain, in June, to see if the cannon and other military
articles, lately taken in the forts there, could be removed to
Cambridge, or secured for future use : and to take necessary
measures for the defence of ihe northwestern frontiers, from
depredations by the British and Indians. The committee
continued at the lake several weeks, and ordered on some com
panies from Berkshire, to keep possession of the forts which
had been captured. Some men also were soon after sent on
from New York to that quarter. A statement was eariy made
to the continental congress, by Massachusetts, ofthe importance

HISTORY OF MASSACHUSETTS. 263
of retaining these forts, as well as of taking possession of Cana
da. And an expedition was prepared, a few months after,
under Generals Montgomery and Schuyler, for that purpose.
Major Hawley was early in favor of such a measure ; for he
considered it highly important for the safety of the New Eng
land colonies, that an efficient military force should be sent to
Lake Champlain, if it did not proceed any farther.
The British army remained quietly in Boston for the residue
of the season. Governor Gage went to England in September,
and General Howe took the chief command. Generals Bour-
goyne and Chnton were then whh the British troops in the
capital. They arrived a short time before the battie of Bunker
Hfll in Charlestown. The British armed vessels, however,
committed depredations in several places on the sea board. A
large American ship, with a valuable cargo, going into the harbor
of Gloucester, in August, was taken by boats from a frigate
at a fittle distance. But the frigate did not approach very near
her, for fear of grounding. The people of Gloucester recap
tured the ship with their boats, and carried her into the harbor
in safety ; and the British marines, who had boarded her from
the frigate, were lodged in the county jail. In October, Bris
tol, in Rhode Island, was bombarded by three British ships-of-
war ; a good deal of damage was done, and most of the inhab
itants left their homes. About the same time, Falmouth, on
Casco Bay, (Maine) was attacked and burnt by the British,
who visited the place to obtain spars for the use of the ships in
Boston harbor. The people refused to furnish the spars ; and
after a few hours notice, and most of the inhabitants had time to
depart, the town was bombarded, and most of the houses and
stores were burnt.
The Americans were engaged in fortifying Prospect Hill
and Lechmere's Point, in Cambridge ; and two eminences in
Chariestown still nearer to the neck leading to Bunker Hill,
where some of the British troops were stationed. Roxbury was
also fortified, and other places between that town and Cam
bridge, near the bay, to check the enemy if they should attempt
to land from Boston.
The provincial congress of Massachusetts had been very
vigflant and prompt in providing for the public defence; but
the general court, formed the latter part of July, had much to
perform for the same purpose. It was a difficult task to furnish
provisions for so many troops ; and yet more difficult to obtain
the mflitary stores which were wanted. Loans were solicited,
and large sums were collected in that way ; but not sufficient

264 HISTORY OF MASSACHUSETTS.
for the calls and expenses of the occasion. The continental
congress, at this time, cafled for three miflion dollars ; and Massa
chusetts was assessed a sixth part of the sum. A tax of £40,000
was laid, and an emission of paper money voted, to the amount
of £100,000. Two powder mills were erected, at the expense
of Massachusetts ; one at Andover, and one at Stoughton ; and
afterwards, a third at Sutton. Privateers were also fitted out
by consent of the general court, which were very successful in
taking British transports on the coast.
The inhabitants of Boston, who remained in the town, were
subject to great privations and sufferings, and to harsh and severe
treatment from the British. Contributions were made for their
relief, by the people in all parts ofthe colonies, but it was diffi
cult to convey it to them.
The general court made a request to the continental congress,
to hold its meetings in Massachusetts, near Boston. This was
declined ; but a committee of that body was sent to Cambridge
to confer with the executive of the state, and the commander-
in-chief of the army. Dr. Franklin was one ofthe committee
on the part of congress, and Bowdoin, Sever, Otis, and Spoon
er, on the part of Massachusetts. It was agreed to raise an
army of twenty-four thousand men for the ensuing year, and to
call on the several colonies for their respective proportions of
money to meet the necessary expenses. Soon after, congress
issued a large amount of paper money : they said, " they could
not borrow, and the people were unable to pay great taxes ;
and that they had no other resources but the worth of this
fertile country. That on the credit of such a hank, they had
emitted bflls, and that the faith of the continent was pledged to
redeem them."
In urging the people to enlist, the committee of the general
court said, " Happy wifl he be who shall be able to boast,
that he was one of those who assisted in the arduous but noble
work of defending the hberties of his country." Washington
said, " We have taken up arms in defence of the liberties of
our country, and we are determined to maintain them, or die in
the struggle." About this tirne, the liberty tree, so cafled, in
Boston, was cut down by the British ; which gave occasion to
one of the patriotic citizens to say, " that the American tree
of liberty was too firmly rooted to be destroyed by all the power
of Brflain."
Some small skirmishing took place In the month of Septem
ber, between the American and British outposts. One was at
Charlestown neck, where several ofthe British were wounded,

HISTORY OP MASSACHUSETTS. 265
One was on the neck between Boston and Roxbury, near the
British fortifications, when some of their barracks were burnt.
And one at the light-house, where some Americans attempted to
injure the light, that it might be of no benefit to the British
vessels. At this time, companies and parts of companies of
militia, were stationed at Braintree, Scituate, the gurnet in
Plymouth bay, and other places on the sea board.
Among the acts of the first general court, a law was passed
for the appointment of justices of the courts of common pleas,
justices of the peace, sheriffs, and other civfl officers : and the
commissions of persons who had been appointed by the gov
ernor and former councfl were declared to be vacated and null
Justices of the superior court were not appointed tfll Novem
ber. These were John Adams, Wflliam Cushing, N. P. Sar-
geant, R. T. Paine, and Wifliam Reed. Sargeant, Paine, and
Reed declined ; and Jedediah Foster and James Sullivan
were appointed soon after.
Application was made in October to the cotitinental congress
for a reimbursement for expenses, in men's wages, provisions,
and mflitary stores. Massachusetts had then paid, for provis
ions and mflitary articles, £10,000, from April to August ;
£65,000 for wages, and for clothing, £16,000. Besides the
army at and near Cambridge, those on the seaboard at different
places amounted to nearly two thousand. The general congress
advanced £133,000.
At this period, there was littie expectation of being again
united to Great Britain ; though all hope was not yet extinguished
of such an event. If the councils of Pitt, and other -British
statesmen of his views could prevail, there would be cause to
expect a reunion. It woifld have been more difficult, probably,
to adjust the dispute than ten, and even five years before. But
the spirit and measures of administration left httie to hope ; and
the British nation generafly supported the ministry in its policy
towards America. It was necessary, therefore, to continue
preparations for the defence and welfare of the country. It
was an object to have Canada on the side ofthe other colonies,
or to prevent any injury from a union of the British and Indians
in that territory. Massachusetts assisted in the expedition into
that country, planned by congress under General Montgomery;
and General Washington sent twelve hundred troops from
Cambridge, in September, by the way of Kennebec River, to
assist in the reduction of Quebec. This enterprise proved
unsuccessful. Montgomery was fortunate, indeed, in taking
Montreal and some other places ; but when he proceeded to

266 HISTORY OF MASSACHUSETTS.
Quebec, he had but few troops ; the city was strongly fortified ;
he made the attack without sufficient preparations ; and fefl in
the first onset.
It was soon perceived that armed vessels might be of great
benefit, by taking British transports with provisions and mflitary
stores sent from England and Ireland for the army in Boston,
Some private vessels had already captured several large ships
with valuable cargoes. The general court voted £50,000 for
this purpose; and several ships and brigs were fitted out in the
latter part of 1775. The British small vessels sent out from
Boston for plunder on the coasts, were by this means prevent
ed doing the injury which they intended to the inhabitants, or
obtaining the supplies needed for the troops in the capital.
Captain Manly, of Marblehead, was distinguished for his bravery
and enterprise on this occasion.
Orders were issued in the fall, for enKsting men for one year
to serve in the continental army. Though this order was
agreeable to a vote or request of the general congress, each
state was to furnish a particular number, according to its popu
lation. The term, for which the men then in camp had enlist
ed would expire with the present year : and it was requisite to
have the new troops on the spot the first of January. The
enlistment proceeded very slowly ; and at the latter part of
December only a sipall portion required had engaged for the
succeeding campaign. The general court immediately gave
orders to reenlist those then in the camp for three months, and
until men for the year could be procured. At this time.
General Washington requested five thousand of the mflltia, and
they were cafled in, at very short notice; and, on the first of
January, 1776, he made a requisition for six regiments of mfli
tia, which were also immediately put under his command. He
was then meditating an attack on the enemy in Boston, and
the other troops under him did not exceed nine thousand. For
a great part of the winter, Massachusetts furnished between
eleven and twelve thousand men ofthe American army.
It was the opinion of the people generally, at this time, and
of many members of congress, and of the general court of Mas
sachusetts, that an attack on the British in Boston would be
proper, and might be successful. The public feeling is often
excited without good reasons, or a correct view of facts, accord
ing to which a just decision can be formed. .The people judge
according to their wishes, rather than mature reflection. They
thought more might have been done for six or eight months,
^nd with a number of troops much larger than the Britishi.

HISTORY OF MASSACHUSETTS. 267
But they did not consider, that the American array was com
posed of undisciplined troops, and had a scanty portion of mili
tary articles. General Washington was sensible of the expec
tation and feelings of the people. He held a councfl of war
on the subject, but the officers advised against an attack. But
Colonel Knox, who was sent early in the winter to Albany, to
provide means for transporting the remainder of cannon taken
on the lake, returned in February. And the commander-in-
chief again summoned a meeting of the officers, to consider the
expediency of an expedition against the enemy in the capital.
Many were still opposed ; but he was anxious himself, that an
attempt should be made, and he knew that he might be charged
with inaction, if he did not make an effort on the occasion. It
would be desperate to attempt to enter Boston by land over
the neck, for the place was strongly fortified by the British,
and the pass very narrow. The only way would be to pass
on the ice to the west part of Boston, or to the common. The
plan was settled, to pass over from Cambridge and Brookline,
in two divisions, under Generals Sullivan and Greene, and
General Putnam to command the whole expedition. After
the arrival of the cannon, and this plan was matured, the
weather was so mfld as to render its execution impracticable.*
When this plan failed, it was determined to take possession
of the heights in the north part of Dorchester, the nearest spot
to Boston not in possession ofthe British. A detachment was
sent from the division at Roxbury, under General Thomas, on
the night ofthe 4th of March. A heavy cannonade had been
kept up from the American camp, for several days, to divert
the attention of the enemy. By the morning a sufficient breast
work was thrown up, which surprised the British in Boston, as
much as that on Breed's Hfll, in Charlestown, on the 17th of
June. The enemy were fully aware of their exposure, both
in Boston, and in the harbor, from this fortress; and concluded
that they must drive the American troops from the heights, or
leave their station. A plan was formed to attack the fort, but
a storm prevented the enterprise: and on the 17th of March,
the British troops and fleet departed from Massachusetts ; ex
cept that several of the armed vessels remained in the lower
harbor of Boston for some weeks later. A great part of the

* " It is not in the pages of history," said Washington in a letter, at this
time, " to furnish a case like this : to maintain a post for six months, within
musket shot of the enemy, without ammunition; and at the same time, to
disband an army and recruit another, within that distance of twelve thou'
•and disciplined and regular troops."

268 HISTORY OF MASSACHUSETTS.
British navy had left Boston before this time, and proceeded
to New York, and thence to South Carolina. Those who
left Boston on the 17th of March, went to Halifax; and soon
after to New York, with the regular troops, composing the
army intended to subdue the colonies.

CHAPTER XIX.

General Washington, with the American army, proceeds to New York—'
Address of the General Court and people of Boston, to Washington —
General Thomas ordered to Canada with several regiments — The expedi
tion unsuccessful — Death' of General Thomas — Declaration of Indepen
dence — War in the Middle States — Tories — Militia discipline^— Style of
writs altered — Calls for the Militia — Great effijrts to recruit the Army —
Paper money depreciates — Laws for the relief of the people, and against
monopolies — Military affairs at and near New York — Washington pro
ceeds to Delaware — Battle of Trenton and Princeton — Success of Ameri
cans under Washington — Enlistments for 1777 — Difficulty of raising men
for three years — Large bounties given — Massachusetts' Regiments — New
emission of paper — High taxes — Attack on Rhode Island, and on St.
Johns, in Nova Scotia.
General Washington left Cambridge soon after the de
parture of the British, with a great part of the American army,
for New York, where it was supposed the enemy would make
their next attack. The general court requested him to leave
six regiments, for the defence of Boston and vicinity, in the
apprehension that the British might return, after the American
troops were withdrawn. He consented that three regiments
should remain, which was as great a portion of the army as
could well be spared. Some had already been ordered to
Canada, under General Thomas ; and the residue would be
necessary to check the British at New York, if they should
visit that place. The troops left for the defence of Boston and
the seaboard, were put under command of General Ward.
And three other regiments were soon after raised by the
general court, to provide an adequate protection.
Before General Washington left Massachusetts, he was ad
dressed by the representatives, declaring their entire approba
tion of his conduct, and their admiration of his prudence and
firmness in the arduous office he sustained. The inhabitants
of Boston also addressed him, when he marched into the town,
after the British had left it, and assured him of their confidence
in his wisdom and patriotism.
The troops ordered to Canada, were chiefly from Massachu-
33

270 HISTORY or MASSACHUSETTS^
setts; but before they reached Quebec, the British were
reinforced, and the Americans were retreating. The men
under General Thomas were worn down by the fatigue of a
long march through an unsettied country ; and the officers ad
vised to retire to Montreal. The whole number of Americat*
troops did not exceed two thousand, and scarcely three hundred
were fit for active service. The time for which some of them
had enlisted was expired. They therefore retired to Montreal,
and thence fo Crown Point. General Thomas was seized
with the small pox, and died before the troops reached the
last named place. The retreat was conducted with good
judgment; and much camion and promptness were necessary
to avoid the superior force ofthe British.
General Thomas was a native of Plymouth county, and of
a very respectable family. He was in the campaigns of
1758-'60, when his conduct, both as an officer and a man,
was highly honorable,- and received the special commendation
of Governor Shirley. General Thomas was succeeded by
General Sullivan, for a few montiis, when General Schuyler,
of New York, was appointed to the command in the northern
department* But the British soon recaptured all the fortified
places on the lake.
During the sitting ofthe general court, in May, 1776, they
passed an order, calling on the people lo express their opinion,
as to the formal and entire separation from Great Britain, and
requesting them to instruct the representatives, then about to
be chosen, on the subject. The question of independence be
came a topic of very general discussion. A reconciliation with
the government of England was at this time expected by very
few. But it was thought most proper to have the sentiments of
the people, expressed in their primary assemblies. The town
of Boston, and many others in Massachusetts, declared them
selves in favor ofthe measure; referring the subject, however,
to the continental congress, in whose patriotism and intelligence,
they said, they had perfect confidence. Some of the leading
characters wrote to the delegates in the general congress, and
urged to a formal act of separation from Great Britain. It was
believed, that such a measure had become necessary. The
condition of the colonies was such as to expose them to the
heavy charge of rebellion; and a civil war was odious to the
minds of many. There was no hope of a restoration of former
rights and privileges; and it was said, that the people would
act with more decision if they were wholly separate from Eng
land, and a distinct nation. They were ready for a revolution;
and a formal declaration of independence would place them in

HISTORY OF MASSACHUSETTS. 271
an attitude dlfl'erent from that of rebels. On the fourtii of
July following, the continental congress, after most mature
consideration, declared the American colonies to be Sovereign
and Independent States, and asserted their right and titie to all
the attributes of such a station, among the nations ofthe earth.
The intefligence was received in all parts of the country with
great welcome and rejoicing ; but in none more than in Massa
chusetts. There were, in all the colonies, a greater or less number
who disapproved of the opposition made to the parent govern
ment, and who, on this account, were obnoxious to the great
body ofthe people. But there were different classes among
them. Some were chiefly apprehensive of the consequences
of opposition, and believed it would be impossible to succeed:
others, who were mostiy officers of the crown, were more bitter
and virulent in censuring the friends of liberty. The latter
joined the British in Boston, for safety, and went with them to
Halifax. A part of these never returned, and were supported
by the British government : others came back and threw them
selves on the mercy of the government. They were impri
soned for a few months; and it was long before the prejudices
ofthe people against them were entirely eradicated.
Several months before the declaration of independence, the
general court of Massachusetts voted, to alter the style of writs
and other legal processes, substituting " the people and govern
ment of Massachusetts," for " George the third ;¦" and in dating
public official papers, the particular year of tlie reign of the
king, which had been in practice, was omitted. A law was
made, for the training and discipline of the militia. They
were fiable to be called for, at any hour; and it was judged im
portant to have them instructed, in some measure, in the mili
tary art. The system of military discipline and exercise pre
pared by Colonel Pickering, in the fall of 1774, with some
improvements, which he had made in it, was adopted for the
guide ofthe militia, by authority ofthe general court.
After the British troops left Boston, the general court of
Massachusetts was relieved, in some measure, of the great care
and anxiety which had rested on it, to provide for the defence
ofthe country. Yet the duties still to be performed were but
a little less onerous than during the first year ofthe war. The
enemy invaded New York, in June, with a large army from
Halifax and England ; and a great force from Canada was also
advancing on Lake Champlain. The fear of another attack
on Boston was removed ; but great exertions were necessary
to raise the proportion of men, required to act against the

272 HISTORY OF MASSACHUSETTS.
British in other parts of the country, and to pay the amount
called for by congress, to support the continental army.
Soon after the British arrived at New York, General Wash
ington called on congress for more troops, and they recommend
ed lo the several states to furnish them. The general court of
Massachusetts voted to raise five thousand men, on this occa- ,
sion, for the term of six months. The time was critical, and
demanded extraordinary efforts. The British army at New
York consisted of twenty thousand; and a large force was
advancing from Canada, at the same time. In the preamble
of the resolve for raising these men, it was said, "the unre
lenting spirit of the British ministry was pushing them on for
the destruction of America and to enslave us forever; but we
trust, that a manly and brave resistance will defeat their wicked
design : though the number of men called for is large, this is
not to be regarded, when we consider the noble object we have
in view. We trust our fellow-citizens will not confer with jlesh
and blood, but wifl readily and promptiy fill up the regiments
required, that we may be able to defeat the plans of our cruel
oppressors." £50,000 were voted for bounties, and the ad
vance pay for one month. The general court also consented,
that two ofthe regiments, left for the defence of Boston in the
spring, should proceed to join the main army at New York,
and ordered the militia to be in readiness to march for the
protection of the metropolis, whenever it should be necessary.
In addition to all these efforts, other regiments of militia were
soon after ordered to New York, from Bristol and Plymouth
counties; and some from Berkshire and Hampshire counties,
to reinforce the northern army.
In September, another call was made by General Washing
ton, for more of the mflitia; and the general court ordered
every fifth man to march. The enemy soon after appeared off
Rhode Island, and a part of the mflitia were ordered to pro- "
ceed for the defence of that place. General Lincoln was ap
pointed to command those destined for New York ; and march
ed, with a great number, as far as Fairfield, in Connecticut.
But the British, at the time, discovered no design to penetrate
into the country, and the men were discharged within three
months, the term for which they were enlisted.
Nothing but a most devoted spirh of patriotism, and a strong
love of liberty, could have prompted to such sacrifices and
efforts. In other times, the expenses and exertions of the year
1776, alone, would have discouraged the inhabitants. The
greater part of the whole male population was engaged in the
public service, in the course of the year. It also required large

HISTORY OF MASSACHUSETTS. 273
numbers to attend the waggons of provisions and stores ; ship-
carpenters were sent to the lake to bufld boats ; and women
and children were obliged to perform the ordinary labor of
agriculture. Whfle the general court was so much occupied in providing
for the military service, their attention was also required to the
internal affairs of the state. The people were so pressed with
public claims, that they were unable to meet private demands.
Laws were made for their relief, by suspending legal processes
for the collection of debts. The paper money depreciated ; and
the soldiers and their famflies suffered much by it. A committee
was appointed, to meet others from Connecticut, Rhode Island
and New Hampshire, to adopt measures for preventing the
depreciation of the bills, and a spirit of monopoly and specula^
tion which prevafled: the committees had two meetings, but it
was found impossible to remedy the evfl.
The efforts of General Washington, in the summer of 1776,
to check the British at New York, were ineffectual. Their
army numbered more than twenty thousand ; and the Ameri
can regular troops were but littie more than half that number,
to which may be added the mflitia for short periods ; but whosa
term of enlistment often expired when they were most wanted.
A large part of the American troops were then at the north,
under Schuyler and Gates, to oppose the British from Canada.
General Washington could only give the enemy .some check in
their movements, and make good a retreat, when they ap^-
preached with a formidable force. There were several engage-t
ments between large portions of the two armies, in the course
of the season, on Long Island, at and near the city of New
York, and in the country near the Hudson ; in which many
were kflled on both sides. But the British generally succeeded
in driving the Americans from the forts and positions they had
taken; and General Washington was obhged to retire through
New Jersey, and cross the Delaware. There he formed the
bold plan of recrossing the river, and making an attack on the
enemy, who had pursued him to Trenton, though he had only
about two thousand two hundred men. It was the last of De-^
cember, and the most of those then with him would soon finish
their term of service. He recrossed the Delaware, near Tren
ton, with great difficulty,* as there was ice in the river ; and sur
prised and captured a large body of the enemy. He pursued
those who retired, to the vicinity of Princeton, and there gained
a second victory. These daring attacks induced the British to
* Two detachments of the American troops were not able to pass over.

274 HISTORY OF MASSACHUSETTS.
go into winter quarters; revived the almost expiring hopes of
the Americans ; and gave opportunity to fill up the enlistments
for the future. Congress had, before this time, recommended
to the stales to raise seventy-five thousand men, for the term
of three years, or during the war.. And the portion for Mas
sachusetts was fifteen regiments, being more than a sixth part
ofthe whole number required. The following year, two more
regiments were added from Massachusetts, one of which was
artillery. A bounty was also given, to induce men to enflst;
and in most cases clothing was furnished, and some pay ad
vanced by the state.
The British sent a fleet, with six thousand troops, fo Rhode
Island, who landed at Newport, in December; which gave
great alarm to the people of that state and of Massachusetts.
The militia were called out in great numbers, to check fhe
enemy, on this occasion. The mflitia in Berkshire were
ordered to be in readiness,' to march whenever cafled for, to
recruit the army near Lake Champlain ; and were furnished
with arms at the expense of the state.
At the close of 1776, it was found that £150,000 had been
expended by Massachusetts, to comply with recommendations
of the continental congress, exclusive of various expenses for
the defence of the state, and of the services of fhe militia at
Rhode Island. On application to congress, for a reimburse
ment, £100,000 was received. General Washington bore
testimony lo the promptness of Massachusetts at this lime, and
to the activity and bravery of the mihtia which were furnished.
Eariy in 1777, two thousand of the mflitia of Massachusetts
were sent on to join Washington in New Jersey. His army
was stfll very small : for the enlistments of regular troops were
not so readily made as had been expected. In all the states,
the men engaged for three years, and during the war, with
great reluctance. The general court of Massachusetts offered
an additional bounty, lo be paid by two instalments, and
fiimished a large number of blankets ; so that the poor soldiers
had not to pay for them with depreciated paper. Still it was a
long time before the full number could be raised ; nor was this
effected till orders were issued for the several towns to raise
their proportion by classes, and to engage them on such terms
as they might b§ able. The regiments raised in Massachu- '
setts were marched chiefly to fhe north-west, to oppose the
British in that quarter ; and the others were ordered to the
south, to join the main array under General Washington.
In the spring of 1777, General Ward resigned his command

HISTORY OF MASSACHUSETTS. 275
of the troops in and near Boston, and General Heath was ap
pointed in his place. A commission as major-general in the
continental array was now given to Benjamin Lincoln, who
had been a brigadier before. Colonel Henry Knox was ap
pointed brigadier general of artillery; and Glover, Patterson,
Learned, and Nixon, brigadiers in the infantry. The public
and private armed vessels captured several valuable ships, be
longing to the British. From the first of July, 1775, to the
last of December, 1776, it was estimated that the cargoes thus
taken, were worth one and a half million sterling.
There had been a great difficulty in providing fire-arms for
the men raised in Massachusetts and the other parts of the
country. A large quantity arrived in March, 1777, with other
valuable articles, from France. And a supply was thus obtain
ed for the troops then preparing to join the American army.*
The expenses and debts of the state were such, at this period,
as to require another large emission of paper, and a lax of
£100,000. The amount of bflls was £125,000; but these
depreciated as soon as issued, and the taxes were not easfly
collected. This was a time of very great distress and suffering.
Every thing not absolutely necessary for the support of the
people at home was furnished the army. Provisions from the
western counties were sent on to the troops near Lake Cham
plain. For the population far from Albany was then very thin,
and Vermont was just beginning to be settled. The inhabi
tants on fhe seaboard were unable to procure grain and flour
from the south. Few had a competency ; none could boast of
abundance. In Aprfl, the mflitia were ordered out again in large numbers ;
some to Providence and Rhode Island, and some to the army
on the Hudson, above Albany. The enemy were very strong
in that quarter. General Burgoyne had the command, and
was threatening to push forward against the Americans. There
was also a plan, this season, to drive the British from Rhode
Island ; and Massachusetts furnished most of the men for the
enterprise : and for the greater part of the summer and fafl,
the number of three thousand and twenty-five hundred were
furnished, for a larger or shorter term. The enterprise did not
succeed ; for the British fleet had command of the bays and
waters in that vicinity.
In June, 1777, Massachusetts sent a regiment of men, and a
* The commanders of the regiments belonging to Massachusetts, were
Vose, Bayley, Greaton, Shepard, Putnam, Nixon, Francis, Brewer, Alden,
M. Jackson, Wesson, Marshall, Bradford, Smith, Bigelow, H. Jackson, and
Cr!ine. And soon after, Brooks and Sproat.

276 HISTORY OF MASSACHUSETTS.
small naval force, for the relief of St. Johns, and other places
on the Bay of Fundy, where the people were friendly to the
American cause ; and who, on that account, were frequently
harassed by the British from Halifax. Congress gave its consent
to the expedition, but afforded no assistance. Unexpected
difficulties occurred, which prevented the execution of the plan;
and the naval force of the British was too large to ensure success
on the water, in that quarter.

CHAPTER XX.

A Constitution proposed and formed by General Court, but rejected by
the majority of the citizens — Large body of the Militia called out —
Northern Army — The British advance — Battle near Lake George and at
Saratoga — British army captured, October, 1777 — Affairs at the south,
and in the middle states — B.ittle of Brandy wine and of Germantown —
British take possession of Philadelphia, and the American army have
quarters at Valley Forge, in vicinity — The men suffer much for want of
clothes — Heavy assessments laid on the states by Congress — More men
required — Loans — Appeals to the People — Confederation — John Ad
ams Envoy to France and Holland — An able Negotiator — Delegates to
Congress, and Judges of Superior Court, 1778.
At the session of the general court, in June, 1777, it was
proposed to prepare a civil constitution for the state, and a com
mittee of twelve was appointed to present a form at the next
meeting. The subject had been suggested during the prece
ding winter ; and it had been recommended to the people, by
the general court for 1776—7, fo choose their representatives
with a view lo their forming such a constitution. Many ofthe
towns were opposed lo this mode of preparing a form of gov
ernment. It was contended, that it should be done by dele
gates chosen for that specific purpose, and not by the general
court. The committee, however, reported a constilution in
January, 1778 ; which was submitted lo the people, and
rejected by a great majority. It was prepared at short notice,
and not sufficiently matured. The greatest objection to it was,
that there was no bill of rights ; or that the natural and unalien
able rights of the people were not expressly reserved and
secured. The executive power was not fully and exclusively
given to the governor ; and yet he was lo be president of the
senate. But in many respects its outlines were similar to those
ofthe form" of government prepared and adopted in 1780.*
The British army from Canada made advances on the Hud
son towards Albany, in August, and it was so formidable, that
" See Appendix.
34

278 HISTORY OF MASSACHUSETTS.
more of the mflitia were called for from Massachusetts and the
adjoining states. A great number, also, at this time, were serving
for the protection of Rhode Island. But the case was so
urgent, that the general court ordered reinforcements from the
militia in Berkshire and Hampshire; and a few weeks after
from the counties of Worcester, Middlesex, Essex, and York.
The feelings of the people fully responded to the address of their
representatives, on this occasion ; who said, " We rely on that
public virtue, and that unbounded love of freedom and of coun
try, with which the mflitia of Massachusetts have always been
inspired." Large sums were appropriated for provisions for
these troops and those previously in that quarter ; and for
making the roads passable through the western partof the state,
and over fhe Green Mountains. Every seventh man in the militia
was called out, at this time ; and what, with the continental regu
lar troops, and the militia at Rhode Island, and on duty at various
places on the seacoasts, within the state, amounted to about
every fifth able-bodied man ; making in the public service, for
August, September, and October, not less than twenty thousahd.
The American troops near Lake Champlain, and on the Hud
son River, were commanded by General Gates ; General Lin
coln, of Massachusetts, had been designated by Washington for
fhe command ; but was not able to proceed when first selected.
But he arrived in camp soon after the brilliant affair at Ben
nington, when the brave General Stark, with the mflitia of
New Hampshire, surprised and captured the greater part of an
advanced detachment of the British army. The British lost
nearly one thousand men in this affair, in kflled and taken ;
and the whole party under Stark scarcely amounted to that
number. General Lincoln saw the exposed situation of the
British army, as it had advanced south of Lake Champlain, at
a distance from the fortified places, and he made a diversion in
their rear, to cut off all communication with those forts ; when
it became necessary for General Bourgoyne to press on, where
he would be opposed by General Gates with a large force, or
to return to the lake, when he would be between two assaihng
armies. General Lincoln left a considerable force in the fort
at the south part of the lake, and joined the main army under
General Gates, near Saratoga. A severe action took place be
tween the British and American forces, on the 19th of Septem
ber. Almost the whole of the British army and a great part
of the Americans were engaged. The attack was begun by
three British regiments on a detachment of the Americans, and
about a mile in advance of their main body. The British were
repulsed ; but soon resumed the attack with additional num-

HISTORY OF MASSACHUSETTS. 279
bers. The Americans were also reinforced by another division ;
and the whole ofthe enemy were soon engaged in the battie.
The American army maintained its position. The British
retired to the place whence they made the attack in the morn
ing, with the loss of, about one thousand, in killed, wounded,
and taken ; while those of the Americans did not exceed three
hundred and twenty.
On the 7th of October, there was another general engage
ment between the British and Americans near Saratoga. The
right wing of the British attempted to fake post on the left of
the American main army. Three regiments ofthe Ameri
cans advanced lo oppose them, about fhe distance of a mile,
when each party aimed for an eminence which intervened.
The Americans were so fortunate as to gain possession of it.
The British attacked them, with great force and spirit, but
were repulsed, and pursued to their lines by the Americans ;
who entered one of their entrenchments sword in hand. The
Americans remained for the night near the British lines ; and
General Bourgoyne retired to a distant position which was
strongly fortified. On the 19lh he surrendered to the Ameri
can army. He was disappointed of fhe relief or support he
expected, and his troops were exhausted by fatigue and want
of provisions. The plan of the British had been fo push on
to Albany, and to join a detachment from New York on the
Hudson River below that place, and thus to cut off all communi
cation between the New England states, and those south of
New York. The defeat of this plan, and the capture of a
large army of fhe enemy, of eight thousand men, was matter
of great rejoicing in America. When fhe Brifish began fhe
campaign they were said lo be ten thousand. The Ameri
cans under General Gates amounted to twelve or thirteen
thousand ; the greater part of which were from Massachusetts.
General Lincoln was wounded, and taken off from active
service for several months. Colonel John Brooks, of Massa
chusetts, was particularly distinguished in the engagements
which preceded the surrender of fhe British army. Colonel
Francis and Colburn of Massachusetts were killed in this
campaign. General Stark, of New Hampshire, made a present
of some ofthe military articles, taken by him from the British,
to the general court of Massachusetts. A letter of thanks
was written to him, and he was presented with a suit of clothes
and a piece of linen ; which expressed their sense of his useful
services, as well as a present of far greater value would have
done, in more prosperous times.
While these important events were passing, at the north.

280 HISTORY OF MASSACHUSETTS.
General Washington was watching the main army of the
enemy, near New York, and preparing fo defend the country
from their incursions. He could act judiciously, only on the
defensive. The British were in possession of New York and
a great part of New Jersey, with an army of veteran troops,
more numerous than the American ; and their fleet gave them
great advantages in all their operations on the seaboard.
General Washington had not a force sufficient fo justify an
attack on the enemy. And one attempt, if unsuccessful, would
probably have ruined the cause of America for ever. It was his
policy, and the dictate of wisdom and patriotism, to move
with caution, and to prepare himself lo meet fhe British army
with effect, when it could be done with hope of success, or
when the defence of the country fully demanded it.
The last of August, the British commander safled from"
New York and landed twenty-five thousand men in Maryland,
at Elk River, and not far from the borders of the state of
Delaware. Washington, who was in the vicinity of Phfladel
phia, marched immediately to Wilmington, within a few miles
of the enemy; and fhe militia, in the lower parts of Penn
sylvania were called in to join him. The British approached
within two miles of Wilmington, and then filed off for a fort
on the heights of the Brandywine. General Washington
perceived their design, and sent a detachment to take posses
sion before the enemy should reach it. This movement
brought on a severe action, the following morning; which
continued with some short relaxations, through the day, and in
which the greater portion of both armies were engaged. The
British had the advantage in numbers ; but by the skilful
arrangements of Washington, and the bravery of his officers,
the Americans maintained their ppsition, and retired at evening
in good order without being pursued by the enemy. Nearly
one thousand were killed and wounded In the American
army ; the loss of the British was reported to be much greater.
The Marquis Lafayette, who had joined the American army
a short time before, and was a volunteer in the battle, was
severely wounded. But he was soon after appointed a. major
general, though only twenty years of age. He had then
been in America only a few months. A second battle was
fought on the Sth of October, at Germantown, near Philadel
phia, between the troops under General Washington and the
British commanded by General Howe. The attack was made
by the Americans, with effect ; but a thick fog came on,
which disconcerted the plan previously formed by Washing
ton. The enemy could not be discerned ; and different

HISTORY OF MASSACHUSETTS. 281
divisions of the Americans mistook each other for British
troops. A number of men were killed ; but neither army
could claim a victory. A small portion only of the troops
under General Washington at this time, were from Massachu
setts. The enemy took possession of Philadelphia for the
winter ; and the quarters of the American army were fixed in
the vicinity, at a place called Valley-Forge. The greater
part of the troops who were at the capture of Bourgoyne
joined fhe main army at that place in November, and re
mained there through the winter. Their sufferings were very
great from want of suitable provisions and clothing, particularly
the latter.
The general court was in session fhe greater part of the
suinraer and fall of 1777 ; and after a short recess, met
again the last of November to consult for the public defence
and safety. Congress had voted fo call on the states for
^5,000,000; and the sum required of Massachusetts was up
wards of $800,000; a larger amount than of any other state.
The assembly immediately proposed lo raise a loan of $250,-
000, and voted a tax of $800,000 ; but paper was then the
currency ofthe country, and its real value far below the nom
inal. At this session, agents were chosen lo request congress
to adjust the claims of the state, as it was believed its ex
penses had been much greater than its just proportion ; and
this would lessen the amount necessary for Massachusetts to
raise, at that time.
Orders were issued, at this period, for raising men to take
the place of those whose term of service was about to expire,
who had been called out for the defence of Rhode Island,
and other places on the seacoasts ; and some were enlisted
parliculary for the defence of Boston and the public stores
deposited there ; as fhe regular regiments had been marched
to the main army some time before. General Heath, then in
the continental service, applied to the state for a loan of
$30,000 ; which was furnished ; but the state had to borrow it
of individuals. In February, 1778, the legislature chose a com
mittee to confer with General Washington, as fo the additional
number of men he might probably require for the approaching
campaign ; and the committee were instructed to assure him
" that fhe state of Massachusetts had a high and grateful sense
of his incessant and unwearied services in behalf of the
country, and would cheerfufly cooperate with him, to their
utmost ability, in endeavors to expel the enemy and lo save
America from thraldom and slavery." At the same time,
the assembly voted to provide a full suit of clothes for all the
soldiers in the continental army from Massachusetts; andto

282 HISTORY OF MASSACHUSETTS.
make a grant to the officers who had been some time in
service and who should promise to remain ; to field officers
$150, and to others, $120. Some officers had then recently
retired from the army, to take care of their families, which
were in a destitute condition.
When the committee returned from a consultation whh
General Washington, fhe legislature called on the towns
which had not furnished their full quota of men, to raise them
immediately ; and directed the attorney for the state lo prose
cute them after a few weeks, if they should still be delin
quent. As it was found very difficult to enlist men for three
years, the general court voted to raise 2000 for nine months,
to fill up the regiments, which were deficient, and the enlistment
for the longer term to proceed also with all possible despatch.
The towns were required to give these men a bounty, and the
state furnished arms and other military equipments. An addi
tional number of men, being 1500, were soon after ordered to be
raised, partly for Rhode Island, and partiy to defend the north
western frontier, where some British and Indians were stifl
making inroads.
Such exertions and expenses by fhe people, could not be
expected without an appeal to their patriotism and their love
of freedom, which had been proved fo be equal to" every ex
igency. "Act like yourselves," was the language addressed
to them ; " arouse, at the call of Washington and your coun
try, and you will soon be crowned with glory, independence
and peace. We must part with present ease and property,
for a time ; and let us rejoice at the sacrifice. Let us antici
pate th^ joy which wfll fill our minds when we shall receive
the reward of our labors ; when we shall see our land flourish
in peace ; when grateful millions shall hafl us, as the pro
tectors of our country's freedom, and an approving conscience
shafl light up eternal sunshine in our breasts."
In December, 1777, the continental congress proposed a
plan of "Confederation and perpetual Union" between the states,
which would give more authority to that body. Hitherto, its
acts had been only advisory ; and it was provided by the pro
posed plan, that they should be binding on fhe several states.
Massachusetts early assented fo the system ; but some of the
states declined for two or three years, which was attended with
much weakness and evil fo fhe interests ofthe country.
Early in the year 1778, John Adams, of Massachusetts
was appointed, by congress, ambassador to France, and em
barked' at Boston in a continental frigate. Mr. Adams was
some time at Paris, and afterwards in Hofland, as minister to

HISTORY OF. MASSACHUSETTS. 283
the United Provinces. He was an able negotiator, faithful to
his high trust, and his services proved very useful to the
country. The delegates appointed to congress, for this year,
vf^ere Samuel Adams, Francis Dana, Elbridge Gerry, James
Lovell, and Samuel Holten. Mr. Adams had been one of
the delegates from the first congress, which was in September
1774. The judges of the superior court at this time, were
Wflliam Cushing, N. P. Sargeant, Jedediah Foster, James
Sullivan, and David Sewall. When the general court ad
journed in March, they authorized the councfl to provide for
fhe defence of the state, in any exigency which might occur ;
and to order out 3000 men, if they should be requested by
General Washington.

CHAPTER XXL

British Army leaves Philadelphia— Battle of Monmouth— Massachusetts
Regiments^General Lee arrested — Rhode Island invaded — Mihtia order
ed there — French Fleet — American Army retreat — Lafayette — Additional
expenses and taxes in Massachusetts — New Bedford attacked and burnt
by the British— Colonel Alden killed at Cherry Valley— General Gates
commands in Boston sometime in 177S-9 — British Government offer to
negotiate — Engage the savages — Finances — Congress call formoney — At-,
tempts to prevent monopoly and speculation — Gen. Washington calls for\
more men — Want of provisions in Massachusetts — Officers of Army poor
ly paid — Convention — Further requisitions of Congress' — Penobscot ex
pedition — Further attempts to regulate the price of provision — Men and
money called for — Bounties of land promised to ofiicers and soldiers —
Public Fasts.
The British army left Philadelphia in June, 1778, and
proceeded through New Jersey for New York. General
Washington, with the American troops, pursued and gave them
battle al Monmouth. He ordered an attack on their rear, and
endeavored to bring on a general engagement ; for his men
and officers weie in high spirits, and his numbers were respec
table. General Lee, to whom an important command was
assigned, failed to accomplish the object designated by the
commander-in-chief, either through treachery or want of neces
sary promptness ; and the fortune of the day was far less
favorable to the Americans than it promised to have been,
when the attack began. The number of the enemy, however,
killed, wounded, and taken, was about 2000 ; and the Ameri
cans had 350 killed and wounded, or who died by the exces
sive heat and the imprudent use of cold water. A large por
tion ofthe troops, engaged in this affair, were from Massachu
setts. General Knox commanded the artillery on that occa
sion, and received the special thanks of the commander-in-
chief General Lee was put under arrest for unmilitary con
duct and disobedience of orders.*
• The battle of Monmouth was on the 28th day of June ; and was long
remembered as an uncommonly hot day. Massachusetts had fourteen
regiments in the engagement. General Lee was tried by a military court,

HISTORY OF MASSACHUSETTS. 285
The British stfll kept possession of Rhode Island, and by
help of their fleet had command ofthe waters in the vicinity.
They landed at Warren, in May, and took or destroyed the
properly of ihc inhabitants. And soon after visited Fall River,
in the south part of Freetown, and set fire to mills and other
buildings. In both these cases, they were attacked by the
militia and were compelled to flee. There was a constant
alarm in that quarter, for most of the summer. Great part
of the militia in Dartmouth, Freetown, and Swanzey, were
required to keep guard along the coast and near all the har
bors in those places. And the mflltia in large numbers were
sent on to the borders ofthe state, from a great distance. In
August, the plan was revived of a descent on Rhode Island, to
drive the British from Newport. And a great number of
mflitia were ordered to assemble in the vicinity for that pur
pose. Some regiments of regular continental troops were also
sent on by General Washington to aid in the design ; and Gen
eral Sullivan was appointed to command the expedition. Mr.
Hancock, who was a major-general of militia, commanded
those who went from Massachusetts. Several volunteer com
panies joined him, from Boston, Salem, Beverly, Gloucester,
and Newburyport ; and some from towns in Maine. The
whole formed a large force : the British were estimated at
8000 ; and were strongly fortified In Newport. It was a part
of the plan, that a French fleet, then expected, should assist
in the expedition. The Americans passed on to the Island
and advanced far towards Newport, and began to throw up
fortifications. The French heard of a British naval force corn
ing from New York and endeavored lo meet them, but en
countered a severe storm, and was obliged to put away for
Boston harbor, after suffering considerable loss by the gale.
The British, from Newport, made an attack on the Ameri
can lines, and were received with great spirit. The attack was
kept up most of the day ; and many were kflled and wounded,
both of the Americans and British ; but the former kept pos-

Boon after ; by which he was found guilty of the charges preferred against
bim ; which were disobedience of orders, and for a disorderly and shameful
1-etreat : and the sentence was that he be suspended from his command in the
American army, for one year. In January, 1780, congress dismissed him
from bis rank; — and he retired from the public service. General Lee was
a foreigner, and had been in the country but a short time before the wai'
began. He was a conceited man, and considered himself better entitled to
the chief command than Washington. It was doubtful whether his conduct
originated in envy towards General Washington, or whether he was sin
cerely friendly to the British cause.
35

286 HISTORY OF JtASSACHUSETTS.
session of their entrenchments.* The enemy received large
reinforcements in a few days, from New York ; when General
Sullivan, by advice of his officers, concluded toleave the Island.
The retreat was wefl conducted, and without loss fo the Amer
icans.! The expenses of this expedition fell heavfly on Massachu
setts, which furnished a large portion of the men engaged in
it. The mflltia were raised and paid by the slate. The loss
of labor, too, on the farmers, in August and September, was
very severely felt. It was a time of great alarm ; and extraor
dinary efforts were made either to force the enemy to leave
the Island, or to prevent their depredations on the neighboring
territory. Their vessels visited most of the bays and harbors
on the coasts, and plundered the inhabitants of their sheep and
caftle, fruit and grain. A squadron entered Buzzard's Bay
and landed a number of troops in Dartmouth, near Bedford
village. They marched up the river, about four mfles on fhe
west side, and through that vfllage, where they set fire to sev
eral houses, and wounded two of the inhabitants. They
passed down on the east side of the river, through Fairhaven
village ; and there also burnt a number of buildings. A de
tachment of artfllery attacked them, but too small to give them
much annoyance. The lieutenant commanding fhe detach
ment was mortally wounded by the Brifish. The mflitia from
the neighboring towns collected by evening, and obliged them
to take to their boats and return fo fhe squadron in fhe outer
harbor. Colonel Fearing, of Wareham, commanded the mili
tia that were out on that occasion. A large amount of proper
ty was destroyed by the enemy at this time, in the vfllages
of New Bedford and Fairhaven.

* About 200 Americans were killed and wounded in this engagement :
among the former were two lieutenants in Col. H. Jackson's regiment, be
longing to Massachusetts.
t The Marquis Lafayette was a volunteer in this enterprise. He .came
on from the main army, with General Greene ; and their advice and as
sistance were very acceptable to General Sullivan. When the French ileet
put into Boston harbor, he went to that place, to consult with the admiral,
and to urge him to afford further aid to the Americans. He hastened back
to Rhode Island, and assisted in conducting the retreat after the reinforce
ments received by the British. Lafayette visited Boston again the winter
following, and there embarked for France. His influence with the French
ministry was highly favorable to America. He soon visited the United
States again, and remaiiied till the close ofthe war. He enjoyed the entire
confidence of Washington ; and was the chief in active command at the
capture of Cornwallis, in 1781. On that occasion, he rendered very efficient
service. He -visited America again in 1784, was greeted with peculiar wel
come by his companions in arms, and by the whole people. After a long
period of reverses and trials, Lafayette once more landed on our shores and

HISTORY OF MASSACHUSETTS. 287
A party of continental troops, chiefly from Massachusetts,
and commanded by Colonel Alden, of Plymouth county, who
were posted at Cherry Vafley, in 1778, about seventy miles
west of Albany, were surprised by the British and Indians,
in the month of November, and a great number of the Ameri
cans were kifled or taken. It was an outpost built under the
superintendence of Colonel Alden, and kept up for the de
fence of the inhabitants in the frontier settlements. At that
period, the population was few and scattered beyond Schenec
tady ; but if was judged necessary to have a fort in advance
of the inhabitants to prevent the depredations of the enemy ;
and after the capture of Bourgoyne, several posts had been
retained on the western and northwestern frontiers. The
fort was attacked by surprise, the enemy having approached
by a blind and unusual path, whfle two other ways to the fort
were carefully guarded. The British and Indians numbered
seven hundred ; no notice was received of their approach, till
they rushed upon the fort and the house a few rods distant, where
the commander lodged ; who fefl before he could reach the
fort. Lieutenant Colonel Tracy was taken, and about
seventy soldiers were killed or captured by the savages.
In November 1778, General Gates was appointed com
mander of the troops in Boston and vicinity, who had before
been under the command of General Ward and General
Heath. There was an apprehension, at that time, of a visit by
the British fleet, which was formidable both at New York and
Newport ; and which gave indications of preparing for some
new expedition. The Brifish commander was impatient of
making an attack on places on the seaboard, which could be
approached by a naval force ; and there was reason to sup
pose that the capital of Massachusetts was his particular
object. Preparations were therefore made for such an event.
General Gates remained at Boston and Providence through
the winter ; and when he left the slate he expressed his satis
faction of the measures ofthe general court and ofthe conduct
of the people.
An attempt was made by the Brifish government, in the
summer of 1778, to suspend hostilities and to open a dis
cussion for reconciliation. Commissioners were appointed to
treat with congress, or with any separate state. No satisfac
tory proposition was made, but merely a vague promise of
made a tour of the United States, in 1824 and 5 ; when he was received
with such honors and rejoicing, as had been awarded to no one except Gen
eral Washington, the commander of the Anieiican army of the revolution,
and the first President ofthe United States.

288 ¦ HISTORY OF MASSACHUSETTS.
pardon and of favor, on condition of a previous submission.
The object probably was to gain time for further preparations
to prosecute the war, to detach one state, or one part of the
country from the rest, or lo prevent an afliance with France,
which the British dreaded, and which was then expected to
take place. Besides, at this period, it was the determination
of congress and of all the slates not lo relax in their opposition
to England, untfl their independence was fufly acknowledged.
The plan of reconcfliation, on the terms proposed by the
British ministry, was considered, even by some statesmen in
England, to be vain and impracticable. The proclamation,
issued by the British ministry after congress rejected the
proposition, threatening the Americans with all the vengeance
and cruelty which savages could inflict, was condemned by en
lightened Englishmen, as unjust, unchristian and inhuman,
They said " it was a proclamation contrary to humanity, to
Christianity and to every principle of virtuous policy ; that it
was their duty to soften the horrors of war, and lo act as
christians. But that now a war of revenge was threatened,
such as Moloch in Pandemonium advised ; which would fix
an inveterate hatred in the people of America against the very
name of Englishmen, and which would remain to fhe latest
posterity." And Burke asked — " against whom are these
dreadful menaces pronounced, but against those who are
conscious of rectitude, who are acting in a righteous cause, and
contending for freedom and their country ?"
Eariy in 1779, congress voted to raise $15,000,000, of
which Massachusetts was to provide $2,000,000. It was
provided, that the amount might be appropriated by the
authority of the slate, but for general or continental purposes;
and it was to be accounted for, on an adjustment between the
stale and the continent at a future time. Most of the ex
penses for fhe common defence of the country were incurred
originally by each state, and a claim thence arose on congress
for reimbursement, when the just proportions ofthe respective
states for the whole aggregate amount should be ascer-:
tained. The complaints increased, on the part of fhe great body of
the people, of extortion, monopoly, and of the depreciation of
the public paper occasioned by speculators ; and the atten
tion of congress was called fo the subject. The attempt by
the New England states, for this purpose, had proved in
effectual. Nor was it more practicable for congress to provide
a remedy or a preventive. They recommended to the states,
to regulate the prices of the common and necessary articles

HISTORY OF MASSACHUSETTS. 289
of living. If was a question with some members of congress, and
with others in Massachusetts, whether such a measure would
be practicable or politic. The system was approved by a
convention of the northern states, which was held al Hartford.
"the legislature of Massachusetts gave its sanction, by passings
law in favor of it. But all proved ineffectual. Public opinion
was such as fo make it difficult to execute the law. Many
doubted fhe right of the legislature to prevent speculation, or
to regulate fhe prices of articles in any measure. Personal
interest prevailed with too many, who had the ability to profit
by the necessities and wants of the common people. The
soldiers were obliged to part with their certificates of public
service at a great sacrifice, and those who had articles
for sale demanded exorbitant prices. In the spring of this
year (1779,) there was such a scarcity of provisions, that the
attention of the legislature was called to devise some relief.
The summer of 1778 had been a very dry season ; the army
had taken up great stores of meat and grain ; the British
troops captured in October 1777, wefe supported in Massa
chusetts most of the time subsequently and through the year
1778 ; and an embargo had been laid, so that vessels were
prevented coming from the south, even if they might escape
the British. The sum of $200,000, (to be paid however, in
paper much depreciated) was voted by the general court to
purchase grain; and if was distributed principally among the
people in towns on the seacoasts, who suffered much more
than those of the interior parts of the stale. Except for a
few years in the early settlement of the country, the suffer-.
ings of the people had never been so great.
The condition of fhe army, both officers and soldiers, was
stfll such as to require immediate relief; and congress was
unable fo procure it. The soldiers of the seventeen regi
ments raised by Massachusetts were furnished with necessary
clothing ; and the general court gave orders to the towns to
provide for their families. And, as on a former occasion,
advances were made to the officers, of different suras, accord^.
ing to their rank.
In the spring of 1779, General Washington made a request
for a reinforcement to the continental array. He inquired
what number could be raised in Massachusetts. The general
court replied, that if he thought the public service required
it, they might raise two thousand, besides those now en-,
gaged, in the continental army, at Rhode Island, and on the
seacoasts. Soon after, orders were issued to enlist one
thousand five hundred for nine months, and the towns were

290 HISTORY OF MASSACHUSETTS.
required fo furnish their respective quota. The towns which
should furnish their proportions by the first of June were to
receive a bounty from the slate. A few weeks later, five
hundred of the militia were ordered to Rhode Island and a
regiment was raised to serve within the state, to defend the
seacoasts. It was proposed again by the general court, in February,
1779, to the people, to express their opinion of forming a con
stitution, and of cafling a convention for that object. In June,
a return was made of their voles on the subject. The majority
given in was in favor of the measure, but many towns made no
return. Precepts were issued for a convention to be held in
September ; and it was formed at that time. James Bowdoin
was elected president. A committee was chosen to prepare
the draft of a constitution ; and after a few weeks, the conven
tion adjourned to January, 1780.
Congress made a requisition for $45,000,000; and the por
tion of Massachusetts was $6,000,000. It was to be paid in
their own paper, before' 'issued, which had become much de
preciated, so that the nominal sum was far beyond the real
value.* Massachusetts obtained relief, however, under this
heavy demand, by a loan from Congress, for three months, of
$2,500,000. A request was also made to congress, to use fhe
six millions for the immediate benefit of fhe state, as its ad
vances were already great to the continent; congress was not
able lo comply with the request, but acknowledged " the great
zeal and exertions of Massachusetts in the common cause."
In June, 1779, a British naval force from Halifax took pos
session of Penobscot. There were nine armed vessels, with
one thousand troops, in the enterprise. It was believed they
would commit depredations on the fishing and coasting vessels,
and on the inhabitants of the seaboard. An armament was
filled out in July, to dislodge them. It was the plan and at
the expense of Massachusetts, though congress was made ac
quainted with the expedition. The popular voice was in favor
of the measure. The fleet consisted of nearly forty armed
vessels and transports, with twelve or fourteen hundred men;
a part of which was pressed into the service, on that occasion.
The fleet was comraanded by Commodore Saltonstal, and the
troops by Generals Lovell and Wadsworth. The armament
safled under disadvantages, for want of time in making the pre
parations ; and there was some disagreement between the naval
"¦ The paper was then about $20 for one in specie ; and it continued
rfipidly to depreciate, so that in 1780 it was at $40 for one.

HISTORY OV MASSACHUSETTS. 291
commander and General Lovell, after their arrival at Penobscot.
The British had erected fortifications on an eminence. But an
attack was soon made by the Americans ; and in doing it, they
were obliged to chmb up a very high and sleep chff. But
they resolutely advanced, though exposed to a heavy fire from
the enemy; whom they drove into their entrenchment. Many
of the Americans were killed and wounded in ascending the
precipice. They retired to a little distance from the fort, to
wait for a reinforcement from their vessels. But no as.sistance
was received, as was expected ; and in the meantime, the
British were strengthened by more troops from their fleet ;
when all further attempts would have been desperate. The
Araericans retired from the peninsula ; and destroying most of
their vessels, proceeded fo Boston by land. The country was
then a wilderness most of the way to Kennebec ; and the men
suffered very much. A committee of the general court was
appointed to inquire into the causes of the failure. Lovell and
Wadsworth were acquitted of all misconduct; but the naval
commander was censured for not acting more promptly in con
cert with them.
Further efforts were made to regulate the price ofthe neces
sary articles of living by the general court, and by county
conventions; but they proved ineffectual. All those who
received salaries, including the officers and soldiers of the
army, suffered extremely. In many towns the people gener
ally provided for the support of the clergy ; but their losses
were still great, on account of the depreciation of the paper
in circulation. The evil was so great, that congress soon after
negotiated loans in Europe, and made large importations of
specie; and the general court of Massachusetts chose rather
to raise money by taxes, than to emit more paper, which it
was supposed would increase the depreciation. The public
taxes were very high, and the people generally with little
means to pay them.
The slate was still threatened with an attack from the Brit
ish, and the alarm on fhe seacoasts was kept up by reports of
an intended invasion. There had always been state or conti
nental regular troops stationed in Bostori ; and occasionally,
fhe militia had been cafled in, for the defence of that place.
In September, 1779, Colonel Jackson's regiment, then recently
returned from fhe Penobscot expedition, was ordered fo Castle
Island, and four hundred ofthe mflitia were cafled out to man
the other fortified places in the vicinity. £600,000, (or
$65,000 real value,) were put into the hands of the board of
war, for the purchase of provisions, military stores, and vessels

292 HISTORY OF MASSACHUSETTS.
for individuals, to replace those lost at Penobscot. The ex
penses of that unfortunate expedition added much to the debt
of the state. The tax for 1779, besides the portion of the
continental tax, was two millions of dollars, being $200,000
in real value. Added to afl these burdens and expenses, pro
vision was to be made for raising men after the year expired.
The term of enlistment ofthe men then in service, would close
with the year ; for but a small part had engaged for the whole
war. It was an object to have the enlistments made from fhe
men already in the array : and a committee of fhe general
court visited the camp, to engage them for a longer time.
They were authorized to give a bounty of $300. The sum
of $700,000 was appropriate,d for the purpose : and advances
were again made to the officers. The towns were also
required to furnish clothing, to be'sent on to fhe soldiers who
should enlist anew. While efforts were making for a new en
listment, and before the numbers required were engaged,
General Washington called on congress for the militia, and
Massachusetts furnished two thousand, on a requisition from
that body. A bounty was also given to those who engaged at
this lime; and a large sum besides placed at the disposal of
the board of war. The gene'ral court' was in session the
greater part ofthe year 1779, from January to October; and
when they adjourned, they authorized the council to call out
more of fhe mflitia, if required, not exceeding four thousand.
The state of the continental army was such as to render it
probable they might be called for at short notice. The
British had then a large force al New York, and there was an
apprehension of some formidable attack from them. A pub
lic fast was appointed in Massachusetts ; which was the fourth,
besides those usual, after the war began; and two were also
appointed by congress.
At this time, when many, both of the officers and soldiers
of the army were discouraged by the protracted term of the
service and depreciated paper for pay, at the instance of Gen
eral Washington, congress promised the officers half pay, first
for seven years, and soon after for life, if they would continue
till the close of the war. To the soldiers, a large bounty was
given, and a promise of land when peace should take place.

CHAPTER XXn.

War at the South,in Georgia and South Carolina— Charleston taken— General
Lincoln commanded American troops — Constitution reported for Mas
sachusetts, and accepted — Alterations in it proposed by people of Boston
— John Hancock chosen Governor — Finances — Congress propose to call
in old bills — New emission of paper — Continental and State debt — Agent
sent to Europe — People in Maine harassed by the British — Academy of
Arts and Sciences — General Washington calls for more of the Militia —
Complaints of the people.
The principal scene of hostilities, in the autumn of 1779,
was in the southern part of the United States, in Georgia and
South Carolina. General Lincoln, of Massachusetts, was then
the comraander of the American troops in that department:
but he had to contend with the enemy at great disadvantage.
They were more numerous ; and the American forces consisted
chiefly of militia. A French fleet afforded some aid in the
siege of Savannah ; but it departed before the preparations for
an assault were completed. General Lincoln, however, made
an attack on the city ; but was repulsed with great loss. He
then marched to Charleston, but the British in that quarter
were soon reinforced by troops from New York ; and after a
siege of five months, the place was taken. The besiegers
were far more numerous than the Americans. No aid could
justly be expected by General Lincoln ; and the inhabitants
repeatedly urged him to surrender. In this situation, Charles
ton was given up to the enemy, but on terms honorable to the
American general.
In January, 1780, the convention of Massachusetts, chosen
to prepare a form of civfl government, agreed on a constitution ;
which was submitted fo the people in March, for their con
sideration. The votes given, on the question of its adoption,
were ordered to be returned in June, when it appeared that
more than two thirds were for its acceptance.
The return of votes from Boston, though in favor of the
36

294 History of Massachusetts.
constitution, was accompanied by a proposition for some alter
ations, if practicable. One was, that the governor alone
should have power to march fhe militia to a neighboring state,
in time of imminent danger. Another was respecting the privi
lege ofthe writ of habeas corpus, which they wished extend
ed, so that none should be held in confinement merely on
suspicion. But the chief objection they offered was lo the
third article in the bill of rights. They were satisfied of the
importance of having public religious worship, and religious
teachers, for the order and peace of society. And they
thought all the people should be obliged to pay for fhe sup
port of ministers of the gospel. But they expressed the
opinion, that none should be compelled to attend on teachers,
except such as they chose; and that the tax of those who did
not attend at all, should be for the benefit of the poor.
The Baptists generally complained of this article. For,
although every one had full liberty to attend on such teacher
or society as he should prefer, and there was a perfect equality
of civil and religious privfleges secured to every one, yet it
would be necessary, to become a member of a society which
was not of the standing or congregational order, to obtain a
license and certificate therefor. This was said to be a hard
ship, and inconsistent with the idea of a perfect equality of
rights and privfleges. It was contended, that the civfl author
ity should not interfere, in any way, with religion, and that
the constitution should contain no restriction or provision on
the subject. It was provided in the constitution, that in fifteen
years, there might be another convention, to make such alter
ations in it, as experience should prove necessary or important.
In 1795, the question was submitted to the people, and they
expressed an opinion against having a convention to make
any alterations. The government was organized, agreeably
to this constitution, in October, 1780: when John Hancock
was chosen governor of the commonwealth, by a large majority
of votes, and James Bowdoin, lieutenant governor ; but he de
clined the office.
During the year 1780, congress proposed fo call in $15,-
000,000 monthly,, for. the term of a year. The continental
paper bills, which had been issued, then amounted to $160,-
000,000. The proportion of this sura, for Massachusetts to
redeem, was $2,000,000 monthly: but the depreciation was
then forty to one ; and fhe real value of fhe monthly tax, for
this purpose, was $50,000; making $600,000 for a year.
But even this exceeded the abflity ofthe state. It was there
fore proposed to congress, that each state should become.

history of MASSACHUSF.TTS. 295
debtors to those who bought in the continental paper, and be
answerable to pay them at a future day, charging the same to
account of the .United States ; or provide a new emission of
bills, to the amount of one twentieth part of the sura called in
ofthe bills then in circulation.
It was hoped, by having a new emission, and that only to
the amount of a twentieth part of the bills in circulation, the
paper would be kept from depreciation ; especially as congress
engaged to redeem it at the nominal value ; pledged the faith
of the country for such redemption ; and at the same time
cafled on the several states to provide for fhe paynienf, by
instalments within six years. The old paper money was soon
taken out of circulation, and the new emission was substituted
in its place. But this soon depreciated also : and as the coun
try was unable to redeem it by specie, and had a very great
debt to provide for, it could not be otherwise justiy expected.
After this period, specie was gradually introduced into circula
tion ; and the new bills were almost as much opposed as the
old. Besides the share of the continental debt, for which Massa
chusetts had to provide, the separate debt of the state, though
chiefly incurred for the common defence of the country, was nom
inally $200,000,000. But, on fhe calculation of forty for one,
only $5,000,000; which was probably more than a third part of
the whole property of the state, according to fhe valuation of
that period.* It was believed, that Massachusetts had made
such great advances, in course of the war, that it would have a
large balance due from the continent : and that its debt, on a
final adjustment of accounts with congress, would be much less
than appeared by the above estimate.
In the spring of 1780, a tax was laid by the general court, of
nearly a mfllion of dollars ; to be paid in specie, or in the new
bifls, then just issued ; with a view to cafl in 36,000,000 of
the old paper. , A part of the new emission was ordered to be
retained for the use of the state, but fhe greater portion of it
was appropriated for the public service ofthe country, as congress
should require. At the same session, it was voted to raise
$240,000 annually, for seven years, to enable the state to
meet its engagements fo the officers and soldiers of the army,
and other public creditors.
The debt of the commonwealth was now very great, and
" Probably tha valuation was too low , and that one fourth part would
be a more correct estimate. Real estate was then sold and purchased at t^
atery low rate.

296 HISTORY OF MASSACHUSETTS.
was the cause of complaints among the people, generafly. The
legislature did not escape blame, on pretence of inattention,
or want of economy in making purchases for the public service.
Perhaps, in some cases, fhe agents were not altogether so care
ful as they might have been. But there were very few
defaulters. And it is rather matter of surprise, when the im
mense disbursements are considered, and the services rendered,
for five years, that the debt and the taxes were not stifl greater.
The expenses of the British, for supporting their army for five
years, amounted to £37,500,000 steriing. An agent was sent
to Europe, at this time, by Massachusetts, to obtain loans and
goods on fhe credit of the state.*
The inhabitants of Maine suffered much from the enemy at
Penobscot, and a detachment ofthe mflitia, amounting to seven
hundred and fifty, under General Wadsworth, was ordered to
the western shores of that bay for their protection. These men
were mostly residents in Maine. Some armed vessels were
also ordered for the defence of that part of the state. Two
companies were stationed at Machias, to prevent the depreda
tions ofthe British, who had often before that time plundered
the people to a large amount.
Amidst the great anxiety for the safety of the country, and
unremitting efforts made for mflitary preparations, the interests
of science and of letters were not disregarded. The " Academy
of Arts and Sciences" was this year instituted in Massachu
setts, composed of a number of the clergy and laity, who were
distinguished for their philosophical taste and pursuits. James
Bowdoin was the first president of the society ; a man equally
celebrated for patriotism, for private worth, and for literary
attainments. During the same year, a high school or academy
was estabished at Andover, with the design of preparing young
men for admission into the university, aud for the business of
the merchants' counting-houses.
General Washington cafled again for men, in the fall of
1780. The enhslments of the preceding year had not been
effected to the nuraber required. The regiments were incom
plete ; and he wished to have a more efficient army. He was
expecting troops from France ; but he proposed also to congress
to raise an additional number, with the view of obliging the
enemy to leave the country and sue for peace. Congress im
mediately called for four thousand men from Massachusetts, for
six months. And shortly after. General Washington made a
request for four thousand seven hundred, to be marched
* Jonathan L. Austin, Esq., an eminent merchant of Boston.

HISTORY OF MASSACHUSETTS. 297
immediately to head quarters, near New York. A portion of
the continental troops was then in the southern department,
under General Greene. In attempts to comply with these
requests, the general court was subject fo heavy complaints
from the people, who charged them with demanding more
than they were able to perform or endure. This led fo an
application of Massachusetts fo the other states, to invest con
gress with the sole power of providing men and the other
expenses for prosecuting the war. Some of the states received
the proposition with favCr, but it was never fully adopted.

CHAPTER XXIII

Session of General Court, October, 1780 — Recommendations of the Gov
ernor — Sale of Refugees' estates — Loans — Appeals to^the people — Massa
chusetts regiments reduced — State of the debt of the Commonwealth —
Laws revised — Impost duties — Duty on sales at public auction — Troops
sent to Rhode Island, and Executive authorized to call out more — Treach
ery of Arnold — General Washington called on Massachusetts for six
thousand ofthe militia — Capture of Lord Cornwallis, iu Virginia — Great
expenses — British offer to negotiate — Terms not acceptable to Congress —
More men called for in 1782 — Additional sums required by Congress —
People complain of heavy taxes — Negotiations for peace — Cod Fishery —
Massachusetts' proportion of Continental debt — The people ready to de
spair — Population — Members of Congress.
The first session ofthe general court, under the constitution,
was holden in October, 1780, and the house consisted of two
hundred members. In his address, at the opening of the ses
sion. Governor Hancock recomraended a speedy enlistment
of the men requested by General Washington ; to make efforts
to maintain the credit of the state ; to cherish the means of edu
cation, and the observance of sabbatical institutions, which, in
a time of war, were too much disregarded.
Various methods were proposed to raise money ; particularly
by the sale of the estates of refugees, and by loans. A large
committee was appointed to obtain loans, to the amount of
£400,000.* The efforts were not very successful; only a
small portion of that sum was procured
At this period of complaints and distress, the general court
•published an address tothe people; in which they said — " We
conjure you, in the name of honor and patriotism, to give up
every consideration of private advantage, and fo assist in sup
plying the public treasury ; as it is impossible to maintain an
army if the people withhold their taxes and money. Let it be
evident, that the citizens of Massachusetts are animated with
" Of this committee were William Phillips, Edward Payne, Stephen
Higginson, George Cabot, E. H. Derby, Jonathan Jackson, and E. Gewj.-

# t

HISTORY OF MASSACHUSETTS. 299
the same principles which inspired them in the early stages of
the contest, and that the salvation of the country absorbs every
other concern. Thus shall we dash the last hope of the enemy,
founded, as it may be, on ihe inattention or avarice of any
part of fhe community."
In 1780, a new arrangement of fhe continental array was
made, by which the regiments belonging to Massachusetts were
reduced from sixteen to twelve. The older officers were
allowed to retire on half pay. At this time, also, the term for
which many of the soldiers had enlisted expired, and the num
ber of four thousand two hundred were necessary to fill up the
twelve regiments. A great part of these were induced, by the
offer of large bounties, to engage during the war.*
The complaints of the people continuing and increasing, the
general court was induced to make a statement of the debt of
the commonwealth, and ofthe sums requisite for the year 1781 ;
at the same time exhorting the people lo bear fhe burdens of
fhe occasion, and contribute to the means of supporting the war
in every possible manner. They slated that £950,000 would
be required : a part of it for the coraraon expenses of the gov
ernment, a part for an instalment of the public debt, and for
interest on the residue ; for clothing for the soldiers ; and for
meeting the deraands of congress, as a portion of continental
expenses. For this, it was proposed to provide, by the tax of
the preceding year, uncollected, by the sale of absentees' estates,
by loans, and a lax of £320,000. Loans were effected to such
an amount, as to afford some relief. To raise the whole sum
required would be utterly impracticable, without borrowing ;
and yet it was highly important to maintain fhe credit of the
state. It was also considered just fo require of another gener-
* The treachery of General Benedict Arnold, of Rhode Island, who had
the command ofthe military post at West Point, in the fall of 1780, created
a great sensation through the country. The main body of the American
army was then' posted at that place and vicinity. General Washington was
absent for a few days, to meet the French admiral at Hartford. Arnold
found means to correspond with the enemy, who were at New Tork, and
whose armed ships had command of the Hudsoii, almost up to West Point.
Major Andre, who came out from New York as a spy, to confer with Ar
nold, was taken on his return, and the treachery was discovered. Arnold
immediately fled to a British frigate, in the river below, a few hours before
the report was circulated. The British oiEcer was executed as a spy ; but
the traitor escaped. The people were surprised at such an instance of per
fidy in one who generally had the reputation of a brave and meritorious
ofiicer. Afterwards, however, it was known, that his moral character was
stained by former acts of dishonesty and oppression. It was just cause of
gratitude, that his treachery was seasonably discovered, and the country
saved. It was a proud reflection also, that scarcely an instance of perfidy,
except this,- occurred during the war; especially when it was known, that
others had been assailed by the tender of bribes from the etiemy.

300 HISTORY OF MASSACHUSETTS.
ation some exertions for the rich legacy of liberty, which was
hoped to be transmitted to them. The debt of the state, at
that time, on account of loans, was nearly $1,000,000; the
interest of which would make a large item of the annual tax.
When the general court adjourned, after the session of Octo
ber, (1780,) which was not tifl the following winter, a committee
was appointed " to revise the laws in force in the state, to select,
abridge, alter, and digest them, so as to be accommodated to the
present government." The committee consisted of the justices
of the superior court, the attorney general, James Bowdoin,
and John Pickering.
In 1781, congress proposed to fhe several states to raise
money by impost, but Massachusetts did not approve of the
plan, as it would be an unequal tax ; the commerce of the
state being greater than that of any other. The next year,
however, the general court passed a law for an impost duty,
and provided that if be appropriated as congress might direct,
to discharge the public debt ; or fo be expended within the
stale, but to meet expenses which congress might incur for
the coraraon defence. The law was to take effect on con
dition the other states adopted a similar act, and appropriated
the proceeds for the public benefit. Only a few of the other
states adopted the plan ; and nothing was collected in this
way, tfll 1783 ; when an excise act was also passed, and a
law laying a duty on sales at public auction.
The militia, amounting to twelve hundred, were ordered fo
Rhode Island in February, 1781, by request of the French
admiral on that station, who was apprehensive of an attack by
the British from New York. The men were chiefly from
the southern part ofthe state, and were comraanded by General
Lincoln. The militia in other parts of the state were re
quired to be prepared to march fo the same place, on short
notice, if called for.
When the general court was adjourned in March, 1781, it
gave power tothe executive, as had often been done before, to
order out the militia if required by General Washington ; the
board of war having been discontinued. As the regular enlist
ments were not fufly made, there was a call for more ofthe mili
tia, soon after ; and the towns, which did not furnish their respec
tive quota of men, were made liable to a fine. During the spring,
clothing and provisions were also furnished by Massachusetts,*
and some other states, by request of the commander-in-chief
* The state furnished two thousand head of cattle, four thousand
blankets, and eight thousand pairs of shoes and hose at this time.

HISTORY OF MASSACHUSETTS. 301
It was a more direct and sure way of obtaining supplies than
by applying first to congress.
A detachment of the army near New York was sent fo
Virginia this season, where the enemy were numerous, and
were coramitling great depredations. General Washington
called on Massachusetts for six thousand ofthe mflitia; and
the greater part of that number were engaged for three
months. It was reported that he intended lo make an attack
on New York ; but this probably was only tp prevent the
Brifish sending reinforcements lo their array al the south. He
soon marched to Virginia with part of the main array, to
oppose Cornwallis, then the British commander Jn that state.
The British were besieged at Yorktown, in Virginia ; and
after some weeks, surrendered to the combined American and
French armies. Generals Lafayette, Lincoln, and Knox, were
distinguished on the occasion; Colonel Scamrael, of Massa
chusetts, a brave and intelligent officer, and assistant adjutant-
general in the army, was killed, during the siege, when with an
advanced party. Many of the troops engaged in fhe siege
and capture of Cornwallis were from the New England states.
The expenses of the year 1781, were as great as for
any year of the war, owing to the calls of congress for
pecuniary aid, and to fhe efforts of the general court to sustain
the credit of the state, and collect outstanding taxes.
After the capture of the Brifish army, under Cornwallis,
there was great hope of peace. The administration in Eng
land made propositions for a settlement of the dispute wifh
the United States ; but the offer was to negotiate without
reference to France, then the ally of America. Congress
would not listen to such terms. The array of the enemy was
therefore reinforced in the winter and spring of 1782 ; and it
became necessary to keep up the military force in the states
to oppose them. The mflitia, who enflsled for the year
1781, both for three months and nine mouths, had finished
their term of service. New recruits were required to fill up
the regular regiments, after the manner of the preceding
year. Massachusetts furnished one thousand five hundred.
The requisitions of congress on the states for money continued
to be for a large amount. The sura required to be raised was
$8,000,000; and of this Massachusetts' proportion was $1 ,300-
000. Before fhe close of the year, congress called for the
further sum of $1,650,000. The people heard these re
peated and heavy calls with unreasonable complaints. Un-
37

302 HISTORY OF MASSACHUSETTS.
reasonable, because the expenses were necessary to support the
war ; and there was no just charge of extravagance or improvi
dence on the part of the rulers. The faxes had been very
great for six years, and the towns had been divided into dis
tricts, each of which was required to enlist and pay a man fo
join the army. Some misguided Individuals attempted to
Slop the courts in the western part of the state. But the in
telligence and patriotism of fhe people prevailed against the
few who would have interrupted fhe regular course of law
and justice. The least reflection must show that the burdens
laid on the people were great beyond all other times ; and
required uncommon virtue to endure.
When the prospect of peace increased, and congress was
consulting as to tiie instructions to be given to their envoys on
the subject, the general court of Massachusetts requested
their delegates fo that body fo have the right and privilege of
fhe cod-fishery secured. The British could hardly be ex
pected fo object to fhe right of fishing on the banks, far dis
tant from land ; but they might wish to prohibit to fhe Amer
icans fhe claim of fishing near their territory, either at New
foundland, or the Labrador coasts. The members of congress
from the middle and southern slates felt little interest in the
subject. The instructions given to the envoys, respecting the
fishery, was therefore of a general character ; nor was the
right to be insisted on as indispensable. It was fortunate for
Massachusetts that one of the negotiators for peace was a
citizen of the state, who knew the value of the cod-fishery fo
the people and was faithful in urging the right to it.*
The taxes were as high in 1782, and for several subsequent
years, as for the six years preceding. Besides the immense
debt, the annual instalments and interest of which required a
large amount, and arrears of old taxes to be collected, con
gress called repeatedly for pecuniary aid, fo discharge
pressing demands on the United States, and to make partial
payments lo fhe officers and soldiers, when they should be dis
charged. This year fhe tax in Massachusetts was £200,000;
and as it could not be collected for some time, the state was
obliged to borrow, and to pledge the tax for payment. In
most cases, the stale was obliged fo provide for the pay of the
troops, and to place it to account of the United States, to be
received at a future day.
In 1783, the tax was the same as the preceding year;
new loans were obtained, and the law for an impost went into
* This was John Adams.

HISTORY OF MASSACHUSETTS. 303
operation and produced no inconsiderable revenue. An exhibit
by congress stated tiie sura wanted for the year tobe $6,000-
000; 4,000,000, to be borrowed in Europe and $2,000,000
to be furnished by the states ; of which $320,000 would be
the proportion of Massachusetts. At the same time, congress
recommended fo the states fo raise 1,500,000 annually for
twenty-five years ; fhe proportion of which for Massachusetts
would be $224,000.
When peace was announced, in the spring of 1783, it
was the occasion of great rejoicing among the people ; and
yet the prospect before them gave much apprehension and
anxiety. The country was exhausted by the war of eight
years, the debt was so imraense as to lead many to say it was
impossible to pay it ; and the creditors, as well those who
had loaned money, as the officers and soldiers who had large
demands and were entirely destitute, were impatient for pay
ment. The moment was full of difficulty, and required all
the wisdom of the statesman and all the virtue of the patriot.
Soon after the peace. Governor Hancock urged the general
court to raake immediate provision for paying fhe officers and
soldiers a part of their dues, and reminded them of " the obli
gations of the country for their meritorious services, which,
(he said) should never be forgotten." An additional tax of
$470,000 was voted for that purpose. These brave men had
then returned to their families, after spending some of them
three, and some five and even seven years in the publiq
service and in defence of the liberties of the country. Con
gress had nothing to give them but fair promises and certi
ficates of their service and dues. They had often received
the paper of the United States, when it was not worth more
than twenty, or thirty or even forty for one in specie. Their
certificates for wages still due were sold in the market, at one
eighth of the nominal amount. Some of them depended on
charity to reach their homes, where they found only poverty
and want. It required all the influence of General Washing
ton and other patriotic officers to quiet the minds of a great
portion of the army, who demanded substantial proofs of
public gratitude, and who were led to believe that congress
might afford them sorae Imraediate relief A few of the officers
advised their companions in the army lo remain together
after the peace, till they should receive compensation in part,
and satisfactory security for the residue. But congress had
not fhe abflity to do it. Washington promised fo exert his in
fluence in their favor ; and then discharged parts of the army
at different times, till the whole were disbanded. General

304 HISTORY or MASSACHUSETTS.
Knox and Colonel Brooks, of Massachusetts, were particularly
active in mediating between the army and congress. But
with all the efforts made, though a large body of troops were
induced to retire in peace .to their homes, their own privations
and sufferings were very severe, and they realized but a paltry
amount for their invaluable services.
At the close ofthe war, in 1783, the population of Massa
chusetts was nearly 360,000. The increase for eight years
had been only 10,000. In a time* of peace, for the same
period, it would not have been less than 100,000. Besides
those slain in battle, many of the soldiers died with sickness
in camp, and many more in the prisons of the enemy. Most
of the Araericans who were taken, whether on sea or land,
were thrown into prison-ships at New York : and many thou
sands died, by inhuman treatment or gross neglect.*
* In 1783 Mr. Hancock was governor, Samuel Adams president of the
senate ; E. Gerry, S. Higginson, G. Partridge, S. Gorham, and S. Hol
ten, were members of congress. In 1784, Francis Dana, who had been
minister to Russia, was a member of congress ; and in 1785, he was ap
pointed a justice of the supreme judicial court.

CHAPTER XXIV.

Slavery discountenanced in Massachusetts — Supreme Judicial Court de
cide against it — John Lowell an advocate for its abolition — General Court
request an adjustment of accounts and claims on the United States — and
object to the appointment, by congress of any oSits members to lucrative
offices — Requisitions of Congress — Military peace establishment — Terms
of treaty and peace with England — Massachusetts objects to some of the
conditions — Time of complaint for high taxes — Governor Hancock re
signs — James Bowdoin chosen governor — His political opponents — Par
ties forming — Public discontents^— Great debt, and no system to discharge
it — Speech of Governor Bowdoin, on the occasion — Proposes to pay off
the debt, andto enlarge the powers of Congress to regulate foreign trade
— Immense public debt — DiiHcult to provide for it — People complain,
and resort to force — Punishment for crime.
In 1783 the involuntary slavery of the people of color in
Massachusetts was in effect condemned and prohibited, by a
decision of the highest judicial tribunal in the state. An ac
tion was commenced in 1781, before a lower court, in the
county of Worcester, against the master and owner of a slave
for an assault and battery made by the master. The defence
set up was that the person on whom the assault was alleged to
be made, being a slave, the owner might beat him at his plea
sure ; and was not therefore amenable to the law for an assault.
The case appears to have been decided on great constitutional
principles, recognised in the declaration of the bill of rights,
" that all men are born free and equal."* The master was
convicted of an assault and fined. Those who continued in
service afterwards, in the state, remained so rather voluntarfly
than by compulsion. Public opinion was altogether against
domestic slavery. It was believed to be incompatible with
the principles of civil liberty, for which the people had been
contending, and contrary to the spirit of Christianity. Instances
*'rhe decision of the court was, "that the man assaulted or beaten was not
a slave;" and was founded on the opinion that slavery was not authorized by
law or statute, and though it had been permitted to keep negroes in such a
condition, the principle could not be legally recognised and sanctioned, and
that the plea of the master in defence ofthe beating could not be justified.

308 HISTORY OF MASSACHUSETTS.
were to be found, however, after that period, of the con
tinuance of slavery, though it was probably voluntary ; as
sorae aged persons,' of this description, chose rather to remain
in the famflies where they had long lived, than to be cast des
titute on society. Before the revolution, domestic slavery was
not uncommon in the large towns In Massachusetts ; and as
late as the year 1774, the public papers usually contained no
tices of black slaves for sale. The slave-trade had indeed,
been long discountenanced and forbidden, even from a very
eariy period, (1645,) though both Governor's Bernard, in
1765, and Governor Hutchinson, in 1773, were instructed, to
give a negative to bills to suppress it, passed by the bouse of
assembly of Massachusetts. The judicial courts were opposed
to it. In 1770, when an African was brought into fhe pro
vince by a British vessel, as a slave, he was urged fo sue for
bis freedom ; and the court ordered hira to be set at liberty.
The case was decided, by reference, (as a precedent,) to the
principles then recognised in England, that whenever a slave
put foot on its territory he hecame free.*
As the efforts and expenses, on the part of Massachusetts,
for support of the war of fhe revolution, were supposed lo be
greater than its just share, the general court instructed their
delegates, in 1784, to request a settlement of the accounts of
the state : and when an adjustment was afterwards made, this
was found lo be the fact. The general court proposed also, at
this period, that congress should have power to regulate foreign;
commerce for the United States ; but it was not approved hyh
all the other states. Some ofthe states had also omitted to provide |
impost duties for a public revenue ; and this operated to an
evasion of the laws for that purpose in the others. The same
year the general court passed a resolution, in which they gave
an opinion, that it was improper in congress to appoint any of its
own memhers to lucrative offices.
In Aprfl, 1784, congress cafled for $5,500,000, for the
expenses of that year, including claims against the continent, V.
which ought then to be satisfied : but stated, at the same time, ^,
that the $12,000,000 before required for the term of three
years, would be sufficient to meet present demands, if promptly
collected. The portion of the last sum, required of Massachu
setts, was $1,800,000; and the state was stifl in arrears for
this amount, in the sum of $730,000 ; and if this could be
paid, no additional tax was called for, to meet the requishions
* John Lowell, a celebrated lawyer, took an active part in favor of the
colored people held in bondage, and offered them his professional aid, with
out fees.

HIST.ORY OF MASSACHUSETTS. 307
of congress ; still, the amount due on former taxes, and an
appropriation for payment of a part of the wages due the sol
diers, according to a promise of the preceding year, and the
bonds for impost duties, made a large sum, which it was extrenie-
ly difficult to raise. Added to all which, congress called for
$636,000 in a way confidential, lo sa\.\sfy immed.iaie demands;
and Massachusetts was assessed $95,000 of that amount.
There appeared to be an unwillingness to have the full demands
on the country publicly known. It was afterwards found, that
the sum was wanted fo pay the interest and an instalment on
a debt due in Euiope, borrowed by Dr. Franklin for the use of
the United States.
While congress was consulting on fhe subject of a permanent
military eslabflshment, the delegates frora Massachusetts were
instructed by the general coun to oppose the maintenance
of a large force. The expense was one objection with them ;
but they were opposed from principle to having a standing array
in tirae of peace. The number of regiments proposed to be
retained was six ; four of infantry, one cf artillery, and one of
engineers. The principal argument in favor of retaining so
large a force was, that the British had nol given up the posts
on the west and northwest frontiers, as the treaty provided ;
and that sorae tribes of Indians manifested a hostile disposition.
The treaty of peace provided, that there should be no further
confiscation of the estates of refugees; that creditors should
recover all bona fide debts ; and that congress should recommend
, fo the several states to restore the property of British subjects
living in the provinces, still under the government of England,
and who had not borne arras against the United States. The
• general court in Massachusetts did not readily comply with all
' these articles. In 1784, a law was passed, in which, assuming
to be a sovereign state, and asserting authority to forbid the
residence of aliens, and to decide for itself what would be a
proper treatment of such persons, it was enacted, " that those
who fled to the British in the revolution, were fo be considered
and treated as aliens, and not entitled, therefore, lo claim and
receive any property which they left in fhe state ; that no
estate already confiscated should be restored*; that the credits,
as wefl as real estates of the absentees, belonged to the com
monwealth ; and that they could not be allowed lo return lo it."
, It was also ordered that actions, brought in the judicial courts,
; by British subjects, be suspended, as the legislature doubted
whether interest ought fo be allowed during the period of the
war. But the resolution was deemed improper, especially
as it was for the judicial court, and not for the legislature, to

308 HISTORY OF MASSACHUSETTS.
decide the question. Congress afterwards declared, that the
treaty was binding on the several state legislatures, and enjoined
a repeal of any acts repugnant fo its terms. Massachusetts
complied with this judgment of congress, at its next session.
No lurther confiscations of the estates of refugees took place ;
some, then" recentiy made, were restored ; and fhe supreme"
executive of the state was authorized to permit the return of
such persons as had not aided the British in the war.
In the winter of 1785, Mr. Hancock resigned the office of
chief magistrate, on account of his feeble health ; and Lieuten
ant Governor Cushing occupied the chair the residue of the
political year. There were, however, some complaints against
the governor fronn fhe people, that efficient raeasures had not
been more promptly adopted to collect the public taxes. The
arrears were of great amount, and had been standing against
some towns for several years. The inabflity of the people
was the constant excuse ; and it was such as to cafl for all the ,
clemency and forbearance which could be prudently exercised ;
but it was eventually of no relief; and the delay of coflecting
the taxes gave the successor of Governor Hancock more than
ordinary difficulty.*
Jaraes Bowdoin was chosen governor for the political ¦ year
commencing May, 1785. This election was by the members
of the general court, as there was no choice by the votes of the
people. There was a vague and unjust charge against Mr.
Bowdoin, of attachment to the British government,! which was
made by those ignorant of his real character, and who seem to-.
have forgotten his able services in the most critical periods of
the country. Mr. Bowdoin was among the earliest and most
decided opposers of the oppressive and arbitrary measures of
the British ministry ; he was one of the ablest opponents of
Governor Hutchinson, and often received his particular dis
approbation, and his refusal fo a seat in the council. He was
one of the five delegates first chosen to the continental congress,
in 1774 — and was fhe first president of the executive council,
* Mr. Hancock was a sincere patriot, and gave the strongest proofs of
his attachmet to the liberties of the country, in the sacrifices he made of
his property. Yet he was sometimes charged with a desire of popularity,
and a want of firmness, which are certainly defects in the character of a
public man, in periods of peculiar trials. Mr. Hancock was chosen one of
the representatives for Boston in 1785 ; and was again appointed a delegate
to congress, when he was elected president, for the short time he remained.
The other delegates to con G;ress, in 1785, were Messrs. Geiry, Partridge,
Plolten, and King.
t So early was this charge made, for party purposes, or in ignorance,
against some of the purest patriots in the state or nation.

HISTORY OF MASSACHUSETTS. 309
when the government of Massachusetts was organized in 1775,
soon after the war began.
When Mr. Bowdoin was placed in the chair, the stale and
country were in a critical situation. The difficulties of a pub
lic nature were almost as great as at any period of fhe war.
A spirit of discontent prevafled to such a degree, as fo make
the most patriotic rulers extremely anxious; and Governor
Bowdoin felt all the responsibflities of his station. The de
mands on the state amounted to. $10,000,000, including its
portion of the continental debt: and no system of credit had
been adopted, to give satisfaction to the numerous creditors.
The greater part, indeed, were clamorous for iramedlale pay
ment. There were objections to the allowance of five years'
pay to the officers of the late army, which added largely to the
public debt. Some were dissatisfied with the excise as unjust,
and some with' the impost, as disproportionate. The commer
cial relations of the country bad been neglected ; or, if not
wholly neglected, the different regulations of different states
operated injuriously. The British availed themselves, in a
great measure, ofthe carrying trade of the country. And the
return of refugees, under the treaty of 1783, was matter of
bitter complaint, in many places. The taxes had then been
very heavy for several successive years, and the resources of
the state seem to have been entirely exhausted. The majority
of the people were disposed to make all possible efforts to
restore and support the credit of the state: but time only could
effect it. There were a few, however, in the community, who
exaggerated the difficulties of the times, and imputed inabflity
or neglect to the legislature. The public address of the gov
ernor to the general court, at this time, proves at once the
burdens of the people, and his desire to provide rehef.
"To maintain the credit of the state," he said, "was the first
object ; and this must be by a punctual payment of interest,
and a gradual diminution of the principal of the public debt.
Great efforts would be necessary for several years to effect it.
Industry and economy would be required as aids. It must be
with the slate as with an individual. There should be retrench
ment in expenses, and old debts be paid as speedily as possi
ble." He appealed to fhe patriotism of the people to remove
and overcome the difficulties which surrounded them. He
then referred to the state of the commerce and trade of fhe
country, which required particular attention, fo counteract the
designs of Great Britain ; which, he said, had only in view fhe
profits of her own merchants. There must be laws to regulate
trade in the United States, so as to render mercantile pursuits
38

310 HISTORY OF MASSACHUSETTS-.
as profitable as they might be, and to check the monopoly and
the restrictive policy of England. The state might do some
thing for this purpose; but, in his opinion, "it was necessary
to give to congress fhe authority to regulate foreign commerce
with and for afl the slates." He recommended, at this time,
that the powers of congress should be enlarged for that purpose.
The articles of confederation he considered inadequate to the
state of the country, or to provide a remedy on the subject of
foreign trade; and he even suggested, that there should be a
convention, to increase the authority of congress In this respect.
In the same speech, the governor proposed establishing a large
manufactory of pot and pearl ashes, in the interior ofthe state,
to be supported by fhe government, which he believed would
yield immediately a large income. At that time there was an
unusual demand for those articles in England; and was the
chief thing, except specie, sent from Massachusetts for the
payment of English goods. But the plan was never adopted.
The general court received these sentiments of the governor
with entire approbation, and manifested their purpose to give
them effect. They declared their resolution to spare no efforts
to support the public credit, and to provide for the payment of
the debt of the state. On the subject of an increase of the
powers of congress, they passed the following resolves: — "As
the prosperity of a nation cannot be secured without a due de
gree of power in the rulers, the present embarrassed state of our
public affairs must convince every one of the necessity of a revi
sion of the powers of congress, and as it is the right and duty
of every state in the union fufly to communicate their senti
ments to the rest, on subjects relating to their common inter
ests, and to solicit their concurrence in such measures as the
exigency may require — Resolved, that in the opinion of this
court, the present powers of congress are not adequate to fhe
great purposes they were designed to effect: Resolved, that it
is highly expedient there should be a convention of delegates
from all the states of the union, as soon as may be, to revise
the articles of confederation, and to report to congress how far
it may be necessary to alter and enlarge the same: Resolved,
that congress be requested to recommend a convention of dele
gates from the several states, to revise the confederation and
to report how far it may be necessary to, enlarge the same, to
secure and perpetuate fhe primary objects of the union."*
* Thus early did Massachusetts propose an enlargement of the power of
congress, for general purposes; especially for regulating commerce with
foreign countries, and for raising a revenue from it, to support the public
credit. Governor Bowdoin is entitled to the honor of first urging it. And
it was necessary such a proposal should come from the authority of the
states ; and not originally from the people.

HISTORY OF MASSACHUSETTS. 311
These proceedings were communicated to congress, for its
consideration and action ; and also to the other states, request
ing them to pass laws for regulating foreign commerce; but
particularly urging them to give additional powers to congress,
to make uniform regulations for the whole country. In Octo
ber and January foflowing. Governor Bowdoin presented the
subject again to the general court, and advised that full power
be given to congress, to regulate the commercial intercourse of
all the stales with foreign nations. The evils attending the
acts of the separate states, diverse and various as they were,
were felt most sensibly in Massachusetts; and the general
court made some attempts to remedy them, by prohibiting
British vessels to carry the products of the state ; they were
also forbid entering and unlading, when they brought cargoes
from ports from which American vessels were excluded; and
only three places of entry were allowed within the state.
The advice of Governor Bowdoin, and the resolves of the
general court of Massachusetts thereon, no doubt led to a pro
posal by Virginia, early in 1786, fo hold a convention in Mary
land, composed of a committee from every state in the union,
¦ to take into consideration the trade and commerce of the
country; and to agree on some general plan, or to invest con
gress with full power on the suhject. The general court of
Massachusetts appointed a committee, and some other states
adopted the same course ; but only five states were represented,
and no plan was formed ; but it was the opinion ofthe meeting
that a convention should be held the following spring, com
posed of delegates from all the states, " fo revise the articles
of confederation, and to give Sufficient power to congress to
make and enforce such regulations as might be necessary for
the credit, respectabili-ty, and prosperity of the country."
The requisitions of congress for large sums, in 1785 and '86,
and the payments of interest and instalments of principal to be
made by the state for its own debt, together with large deficits
of former faxes, pressed heavfly on the people, and led some
almost to despair. The governor gave incessant attention to
the subject of the finances of the state ; far more than had been
usual, or his dtfty was supposed to require. But Be was de
sirous of forming some plan which would support the public
credit, and afford all possible relief to the people. The proper
debt ofthe state was $5,000,000, and the portion of the con»
tinental debt, which Massachusetts must provide for, was fully
equal to that sum. The revenue from excise and imposts, for
tiie year 1785, was estimated at $190,000. But a gfeate?
sum was expected from imposts; added to which a tax of

312 HISTORY OF MASSACHUSETTS.
$333,000 for fifteen years, it was calculated, would discharge
the whole debt. The difficulty was to effect this. The pros
pect was appalling to many; and some soon became desperate,
and rose in arms against the authority of the state. There was
another cause of embarrassment; during the years 1784 and
1785, there were large importations of British goods on credh;
the tirae of payment had arrived, and many who had been ex
travagant in purchasing, thought it first necessary to pay these
debts, as far as they were able, and to leave the payment of
their taxes to some future day. The governor urged the
general court to make every effort to discharge the public debt.
" It was difficult, (he said,) he was aware, and would require
some sacrifices, but such efforts and such sacrifices must be
made, or the credit and peace of the country would be lost."
Had the taxes for 1781, '82, '83, and '84, been promptly
paid, the pressures of 1785 and '86 would not have been so
great. It would have required, indeed, uncommon exertions ;
but there would have been found less evfls, than arose from an
accumulation of 'ourdens within a single year ; or those resulting
from a desperate attempt to prevent fhe payment altogether
by a resort to lawless force.
In 1785, a change was made in the criminal law, as to cer
tain offences which had before been punished by mere imprison
ment, or by whipping and sitting on the gallows : and tiie pun
ishment provided was confinement to hard labor, on Castie
Island, near Boston. The feelings of the people were averse
to corporal punishment, and it was believed the criminal was
hardened by such treatment.
It was a question, whether confinement to hard labor was
not a sufficient punishment, and whether there could not be
some hope also of the leforraation of the criminal. Houses of
correction in the counties were not then provided ; and many
offenders were confined together in the jails without employ
ment, and at leisure to devise further plans and modes of mis
chief. This experiment led to fhe state penitentiary at
Charlestown afterwards ; but the results of the system have
been viewed very differentiy by different individuals, who pro
fess to hav'e examined info the subject.*
* It is now the general opinion, that the objection against the peniten
tiary is owing to the abuses and imperfections of the system, when first es
tablished. Many were crowded into the same room, or cell ; and there was
no classification for those of different degrees of criminality . These defects
have been remedied ; the criminals are kept separate, and are also favored
with moral and religious instructions. The benefits of penitentiaries are
now far greater than formerly.

CHAPTER XXV.

The Governor urges payment ofpart of the debt, and a system to maintain
public credit — The general court do not respond to his advice — Conven
tions of the people, complaining ofthe courts of law — Legal processes for
coUecti ng debts, and of laying so large taxes— Extra session of general court
in September, 1786 — Conventions of people increase — Open opposition to
law — Proclamation and energetic measures ofthe governor — Militia called
out to protect the court — Measures for the relief of the people, but not
satisfactory to them — Lenity to the insurgents, and an address to the
people^Insurgents continue their opposition, and attempt to stop the
courts — They assemble at Springfield to prevent the sitting ofthe court —
Militia called out under General Lincoln, and marched to Worcester and
Springfield — Insurgents flee from Springfield, and are pursued to Hadley,
Amherst, and Petersham, where many were taken, and the residue fled — .
Affairs in Berkshire.
Mr. Bowdoin was again chosen governor, in 1786, by a
very large vole. In his public address lo the general court,
he recommended the interests of education and of the univer
sity ; but the great object of his speech was to persuade them
to make adequate and prompt provision for the payment of
such part of the public debt, as was then due, and called for
to satisfy the demands of various creditors, already long delay
ed ; all which amounted to $1,500,000. To maintain the
credit of the state any longer, this sum must be collected ; or
an agreeraent made with some of the creditors, by payment of
interest, and an arrangement which would give them confidence
in the public proraise of payment at a given day. The gen=
eral court doubted the ability or fhe disposition of the people
to pay the amount required ; and hesitated as to laying a new
tax when there were several former ones uncollected. The
governor reminded them of a law of 1781, and stifl in force,
authorizing the treasurer to issue warrants for a tax, sufficient
to pay interest and principal due, for any year, even if no tax

314 HISTORY OF MASSACHUSETTS.
act should be passed. And he informed fhe general court,
that one mfllion of dollars would be absolutely necessary fo
discharge present demands on the state, and to furnish the
sum called for by congress. The general court, however,
directed the treasurer to suspend his warrants for the sums
required to pay the holders of public securities, for which the
taxes had been before pledged, and which had then become
due. The representatives were generally censured for this mea
sure ; their apology was fhe burdens of their constituents, and
the impossibility to collect such a large sum within the year.
But at the same time, they voted a tax on polls and estates to be
forthwith paid, to comply with a request of congress. When
a motion was made at fhe same session, (June 1786) to issue
paper and make it a tender, it was negatived by a vote of five
sixths of the house.
In their efforts to pay the amount of taxes, the personal
debts of the people had been suffered to accumulate, and
creditors had recourse fo legal processes to collect their de
mands. The people held conventions in several counties,
at which they passed rash and threatening resolutions, cen
suring the legislature and declaring " the courts of law to be
engines of oppression." In some of the western counties,
large numbers of the people assembled where the courts were
to be holden, and prevented their proceeding to fhe usual
huslness. They complained of the great amount of faxes, and
of such large assessments in so short a time : of allowing such
large suras to congress, and of applying so much to the pay
ment of soldiers, (who, it was said, might wait) instead of
supporting government and paying what was absolutely ne
cessary. They complained of the fees of lawyers and of the
costs of court, which they pretended were too great. They
objected to the senate, as a needless branch ofthe government,
the expense of which might be dispensed with. They also
complained of the high salaries of some public offices : and
fhey referred to the extra services of Massachusetts, which it
was supposed were such as would excuse the state from pay
ing so largely at the cafl of congress.
The governor summoned an extra session of the general
court fo be holden in September, by the unanimous advice of
the council. Before the meeting of the legislature, the con
duct of the people was so disorderly and alarming in some
parts of the slate, that the governor issued a proclamation foiv
bidding their assembling to obstruct the regular course of law,
and calling on public officers and other good citizens to use

HISTORY OF MASSACHUSETTS. 815
their endeavors to prevent such meetings. But the proclama
tion had httie effect. The spirit of discontent and misrule
spread rapidly, through many parts of Hampshire, where it first
appeared, Berkshire, Worcester, Middlesex, and Bristol. The
court of common pleas was prevented holding its regular
term at Worcester ; and soon after, the supreme judicial court,
at Springfield. The spirit which prevailed was a radical and
levelhng spirit; and yet very few probably, who attended,
these unlawful meetings, expected to live without civfl govern
ment or cpurts of law. They had not probably thought much
on the subject, except to obtain present relief, under the heavy
load of taxes and debts. They had no settled plan of proceed
ing, further than imraediate remedy, by a delay af payment.
The leaders were not ambitious men, nor expectants of high
office, to which they could hope to obtain in quiet times., It
was the lower class of people who were engaged in the rash
enterprise ; and the mihtary commanders were two captains of
the revolutionary army. Some of the actors had, no doubt,
confused and mistaken notions of liberty, Imbibed in tirae of
the war, when nothing was heard but fhe liberties of the
people and the oppressions of rulers. And for several years,
creditors had been indulgent to those who were in debt to
them, because of the difficulties of public affairs.
The governor adopted measures as decisive and energetic,
as the character and condition of the people would justify.
Before the supreme court convened at Springfield, which
was previously to the extra meeting ofthe general court which
had been summoned, he had given orders to major general
Shepard, in that vicinity, to call out the mflitia to protect the
court in its usual business. General Shepard collected about
six hundred of the militia, many of them volunteers for the
occasion. The insurgents also appeared on the morning of
fhe day the court convened, and in greater numbers than had
been expected. They were disappointed to find the court
was proceeding to business, and so well protected. Some
threats were made, and the court was requested fo sustain no
indictments against any of fhe party ; but the judges refused
to receive any message from them, and conducted with great
firmness. But the inhabitants were much alarmed, and the
court was adjourned on the third day. It was feared, that the
insurgents would attack the mflitia under General Shepard ;
but they probably were too wefl convinced of his firmness and
bravery. On the day after the adjournment of the court, the
insurgents dispersed, much to the joy ofthe peaceable inhabi
tants. General Shepard conducted with great prudence and

316 HISTORY OF MASSACHUSETTS.
moderation. The judges concluded not to proceed to Berk
shire to hold the court, in the stale and temper of the people.
In Middlesex and Bristol, during thesame month, the in
surgents met and prevented fhe regular business of the courts.
In Middlesex, their asserabling was unexpected, and fhe
militia had not been called out. They collected at Taunton,
in the county of Bristol, in great numbers. General Cobb
had the precaution to order out some of the mflitia, but they
were not so numerous as the insurgents. But by his firm and
spirited conduct, they were induced to separate, without com
mitting any acts of violence. The court, however, concluded
it most prudent to adjourn.
When the general court met the last of September, agreea
bly to a suramons flora the governor, he gave them a particu
lar account of the proceedings of the malecontenls, and of the
measures he had adopted, to maintain the peace and order of
the state. He expressed a desire, that all proper forbearance
might be shown to the people, and every practicable means
be adopted for their relief; but explicitiy avowed the opinion
that effectual measures should be taken to restore tranquillity
and order, and to maintain the authority of the government.
He was sensible, he said, of the burdens of the people ; but
he strongly condemned the conduct of the insurgents, in their
manner of seeking relief What was proper in the executive
authority he had already done ; and he referred it to the rep
resentatives of the people to devise means both for the sup
port of the laws, and the redress of any grievances which
their constituents suffered.
The members of the general court, with one voice, con
demned the conduct of those who had opposed the laws ; and
the majority appeared disposed to give sufficient support to
government and its officers. A law was passed against riots
and unlawful assemblies ; and, after some discussion, it was
agreed to suspend the writ of habeas corpus, for eight months.
Sorae acts were passed for the immediate relief of the people,
the strict propriety or expediency of which might have been
doubted in other circumstances. The legislature could not
annihflate the public debt, nor interfere with private contracts.
But fhey made all real and personal estate a legal tender for
the discharge of debts, and allowed collectors of taxes to fake
similar articles, instead of specie. The expense of lawsuits
was lessened, and a process before a justice of peace provided,
which saved attorney's and sheriff's fees, and a part ofthe sum
charged to that year, was deferred to the next. While the
general court was in session, it was reported that the discon-

HISTORY OF MASSACHUSETTS. 317
tented would attempt to prevent the shting of the supreme
judicial court in Bristol county ; and a comraittee* was chosen
by the two houses to request the governor fo issue orders lo
the major general of the militia of that division to be pre
pared for the protection of the court. This measure was
matter of satisfaction tothe friends ofthe governor ; especially,
as it was pretended, by a portion of the people, that he was
too rigid a supporter of government and law. The discontented
assembled many of them with arms, to prevent the sitting of
the court, as had been apprehended ; but the resolution and
promptness of the major generalf induced ihem to disperse
without offering any violence. And it was proof of the lenity
of government, that none of them were immediately seized
and punished.
Before the legislature adjourned, a resolve was passed,
offering pardon for the disorders which had been comraitted,
on a proraise to cease from all similar opposition, and taking
an oath of allegiance to the commonwealth and to support
the constitution and the laws ; an address to the people was
also published, stating the public debt, and the object of the
taxes then to be raised, both for fhe state and for congress. In
this address, ihe people were solemnly warned of the mis
chiefs of opposition to the government ; a government of their
own choice, and administered by their fellow-citizens appointed
by themselves ; and urged to make an effort, by frugality, in
dustry and self-denial, to lessen the debt, which was the price
of their liberties.
On a report, that the court lo be holden at Cambridge the
last of November, would be prevented, by the discontented,
in the counties of Middlesex and Worcester, the governor
ordered out three regiments of militia to be commanded by
Major General Brooks ; and required others, in Suffolk and
Essex, to be in readiness lo march if directed. The militia
assembled, as ordered, but the insurgents did not appear ;
but it was known that attempts would have been made to slop
the court, if the militia had not been prompt and numerous.
General Brooks had been a colonel in the army of the
revolution ; a man of great bravery and prudence. He then
had the entire confidence of Governor Bowdoin, as he had
through the war of General Washington. About three weeks
* Samuel Adams was chairman of the committee, and probably moved
its appointment. General John Brooks was also one of that committee.
t This was Hon. David Cobb, a distinguished ofiicer in the war of the
revolution ; and then also chief justice of the court of pleas for the county.
He said " he wbuld sit as a judge, or die as a general."
39

318 HISTORY OF MASSACHUSETTS.
after, the court of general sessions of the peace, which was to
have assembled at Worcester, was pievented by a number of
armed men, who with threats forbid the organization of the
court. Meetings of the discontented were also held in various
other places, complaining of the acts of the legislature, at its
late extra session, and declaring their resolution not to submit
to the tax acts, nor to suffer the courts of law to transact the
business pending before them.
Finding the lenity and forbearance of the general court
misunderstood by the complainants, and a resolution manifested
by their leaders still to oppose the laws and to prevent the
regular administration of justice, the governor issued a general
order, as commander-in-chief of the militia, tothe several major
generals in the state, to have their respective divisions in readi
ness to march at short notice, as they might be directed. With
all his firmness, and his resolution to support the authority of
the government, he was evidently desirous of calling on the
military only in a case of absolute necessil}^ But the insurgents
were not deterred from their evfl purposes, by the preparations
of the executive. They assembled in Middlesex, in Decem
ber, and threatened to stop the court, then about to sit in Cam
bridge, though the governor had received assurance that they
would not attempt to prevent it. The failure was owing to the
non-appearance of a large party ofthe discontented from Wor
cester, as had been expected. Soon after, in the same month,
they collected at Worcester, to prevent the sitting of the court
for that county. But no further efforts were made by them ;
for two hundred of the militia and other chizens under arms,
assembled near the court house, on the side of government.
The justices, however, did not proceed to business, having been
advised by the governor to adjourn to a future day, in the hope
that a littie delay and forbearance on the part of the executive
would induce them fo disperse. But, on the contrary, they
collected at Worcester, fo the nuraber of one thousand ; and
though no acts of violence were committed, they took up their
lodgings in private houses, without invitation, and otherwise
gave alarra lo the peaceable inhabitants.
At the sarae time, a large body of fhe discontented assembled
in Hampshire county. A portion of them were disposed lo
proceed no further, and to accept the proffered clemency of
government; but others were resolved to oppose the laws, and
to seek redress by force. The more violent, as is often the
fact, in such combinations, had the greatest influence, and pre
vailed on most, who were dissatisfied with their present condi
tion, to continue with them, for the purpose of "bringing the

HISTORY- OF MASSACHUSETTS. 319
government to terms." They had a plan, at this period, in
the confidence of their strength, to march to the capital of the
state, to display their boasted superiority, and to liberate several
of their fellow-insurgents, who had been taken in Middlesex,
and confined for trial.
In this state of the interior, comprehending nearly a moiety
ofthe territory and population, the governor directed Major
General Lincoln, of the first division, who was a man of great
prudence and moderation, as wefl as firmness, and who had
been high in command in the revolution, to take measures for
the protection ofthe capital, and also to watch the movements
of the insurgents. Major General Brooks, of the Middlesex
militia, had also similar orders from the commander-in-chief, at
the same time.
No attempt was made to march to the capital ; and after a
few days, fhe insurgents, with some exceptions, repaired to
Rutland, and lodged in the old barracks erected during the
war; but soon marched to Springfield, where the supreme
judicial court was to be holden according to a former adjourn
ment. They suffered much by the severity of the cold, and
some returned to their homes. It was even reported, that the
leaders began to relent of their rashness ; and if they could again
be assured of pardon, would cease all opposition. But no
specific proposition or promise was made by them to the exec
utive ; nor could the governor promise more on his part, than
to recommend them to mercy. The correct course for them
would have been to separate, and retire quietly to their homes ;
for, in that case, as no acts of violence and outrage, further
than appearing with arms, and uttering threats, had been com
mitted, a pardon would probably have been extended to all.
The insurgents, coflected at Springfield at this time, amount
ed to three hundred. They took possession of the court house,
the day before the court was to sit ; and, in effect, forbid the
opening of the court, though their note to the judges was in the
form of a request. The judges had no protection, and consid
ered it prudent to separate without proceeding to business.
The governor probably had been led to believe that the insur
gents would not appear ; their condition, and the reports in cir
culation, a few days before, had given cause for such a belief.
On receiving intelligence of the affair at Springfield, and of the
continuance of the insurgents under arms, who after this trans
action were increasing, fhe governor immediately called his
councfl together, who advised to fhe measure he proposed ;
which was to call out the militia in sufficient nurabers to quell
the insurrection, before it became more formidable and danger-

320 HISTORY OF MASSACHUSETTS.
ous. The general court, at its session in November, had pro
vided for such a measure, if the exigency should require it ;
but the governor chose to have the opinion of the council,
whether the state of the country then demanded it. It was
beheved, that further lenity and forbearance would be useless,
and that the spirit of insubordination might spread to such an
extent, as not to be subdued. The great body ofthe people,
in most parts of the state, were undoubtedly in favor of law
and government ; but many were deceived by the leaders
of the opposition, and were led to suppose the general court
might have provided immediate relief The period had arrived,
when it was no longer proper to expect the discontented would
submit, nor consistent with the public safety to delay measures
of sufficient energy to put an end to the combination of these
infatuated men. Orders were issued to raise four thousand
four hundred of fhe mflitia in Suffolk, Essex, and Middlesex ;
the greater number fo be from the counties of Worcester and
Hampshire ; a proof that many of the people in those counties
were sound and correct in their opinions. Four companies of
artillery v/ere also ordered, from Suffolk and Middlesex.
The command of the troops was given fo General Lincoln, in
whose energy and prudence the governor and the public had the
highest confidence. The public treasury was empty, but indi
viduals loaned such sums as were necessary to meet the expenses
ofthe expedition. The governor published an address to the
people, exhorting them to aid in the support of law and order,
and warning them of fhe evils of forcible opposition to the
authority ofthe state. He received, at this time, a memorial
from the insurgents ; but it was from men under arms in oppo
sition to lawful authority, and of such a tenor, as rendered it
impossible to comply with its demands, or to delay the raeasures
for the safely of the commonwealth. General Lincoln was
therefore ordered to march with the mflitia to Worcester, where
the court was to be holden on fhe 23d of January. He arrived
on the 22d, and General Brooks was directed to be in readiness
to proceed for his support, if necessary. The insurgents in
that vicinity retired ; but soon coflected, in great nurabers, at
Springfield, where they intended to make a stand against the
regular forces of the state, and to gain possession of the arsenal
of military stores belonging to the continent. But General
Shepard had been previously ordered both by the state and by
congress, to fake post at the arsenal, with one thousand men, of
the militia, to prevent its falling into the hands of these lawless
men. The insurgents, though intimidated, were not discour
aged ; for they then numbered nearly two thousand. And it

HISTORY OF MASSACHUSETTS. 321
became evident, that their object was not only to stop the
courts, but to oppose the whole authority of the stale ; and to
gain possession of mflitary stores, to enable them to act with
effect against the government, tfll their wild schemes were
accomplished. General Lincoln was aware of the critical situation of
General Shepard, and hastened to his relief; but the in
surgents resolved to attack Shepard before the militia from
Worcester should arrive. They advanced towards the arsenal
where General Shepard was posted, when he sent them word,
that he held the place by just authority, and warned them not
to approach. They stifl advanced, and he sent a second mes
sage to thein, that he was resolved to maintain his post, and
forbid their marching nearer, at their peril. But they contin
ued to approach, and in a manner sufficientiy indicative of a
design fo attack him. He then ordered two cannon fo be dis
charged, but designedly intending not to strike the insurgents.
Even this fafled to check them ; and perceiving their purpose
to attack him, he gave orders fo fire into their ranks ; when
three of their number were killed, and the whole party fled
precipitately to an adjoining town. General Shepard was fully
justified in his conduct ; and applauded by most of the citizens
for his prudence and forbearance. Sorae of the insurgents
returned to their horaes after this affair ; but the leaders were
not discouraged ; and many joined them from Berkshire fhe day
following. Another attack on the arsenal was proposed, but
General Lincoln arrived from Worcester with four regiments,
and a battalion of artiflery, which prevented fhe advance of the
insurgents on Springfield ; and which gave great joy to the
friends of government. A part ofthe insurgents moved up to
Northampton, on the west side of the river, and were followed
by General Lincoln ; and a portion of them retired to Hadley,
on the east side, who were pursued by General Shepard.
But few joined the standard ofthe insurgents after General Lin
coln reached Connecticut River. The party on the west side of
the river returned to their homes, or retired to a distance in
smafl bodies, fo see the fate ofthe main party on the east ofthe
river. The latter proceeded to Amherst, and thence to Pel
ham, and Petersham. The men with General Lincoln suffered
from the severity of the weather, and the bad travelling, on
account of a heavy snow ; and often found it difficult to obtain
sufficient provisions. He paused at Hadley, for the repose of
his men, and, as it was believed also, to give opportunity for
¦those of the discontented who were disposed, to forsake their
leaders, and cease their opposition.

322 HISTORY OF MASSACHUSETTS.
General Lincoln addressed a letter to the insurgents from
Hadley, advising them to separate ; but the leaders required a
promise from him of pardon for their conduct, which he was
not authorized to make. He could only use his influence for
such measures of clemency as the general court might approve.
The insurgents sent a petition to the governor, proposing to lay
down their arras and disperse, on assurance of forgiveness.
But, at this stage of the insurrection, he did not think it proper
to give any such promise, or to hold any correspondence with
them while they continued under arms. The general court
soon assembled, and expressed their full approbation of fhe
conduct ofthe executive, and also formally declared the exist
ence of a dangerous rebellion in the state.
In the meantime. General Lincoln, finding the insurgents
did not disperse, but even received some accession fo their
party, and that a spirit of opposition and menace was prevail
ing in Berkshire, made a prompt movement and advanced on
Petersham, a distance of thirty railes, during fhe night. It
was severely cold, and his men suffered a great deal. General
Lincoln reached Petersham at an early hour of the morning,
and when fhe insurgents had no expectation of his approach.
Most of them fled immediately, and without making any op
position ; among which were the leaders. One hundred and
fifty were taken prisoners. Those who were the most obnox
ious to government, from their great activity and influence in
stirring up and protracting the rebellion, left fhe state, as the
only means of safety.
The mflltia, under General Lincoln, were engaged for thirty
days only : the general court, therefore, before they heard of
the dispersion of the rebels, voted to raise others for three
months, unless sooner discharged. But when the intelligence
of General Lincoln's success arrived, they gave authority to
the governor to employ such number as he might judge
necessary, and for the period he might direct.
It was known, that in Berkshire, many were illy disposed,
though a great portion of the citizens were firm supporters of
the measures of the government. A voluntary association of
five hundred was forraed for the support of order and the laws.
About this time, a portion of these were met by a number of
the insurgents, who fired as they approached ; one of the
friends of government lode up to thera boldly, and ordered
them to throw down their arms. Some of them fled, but
the greater part gave up their arms, and took the oath of alle
giance to the state, as required by a late law. Other parlies
of the insurgents assembled in different sections of the county,

HISTORY OF MASSACHUSETTS. 323
and threatened the friends of government ; but they were soon
dispersed by General Patterson, coraraanding the militia in
that county. Soon after, a party entered Berkshire from the
state of New York, but chiefly inhabitants of Massachusetts,
who had then lately fled, and proceeded to Slockbridge, where
they threatened the people who were known to be friendly to
government, and put some of thera under guard. Colonel
Ashley collected the militia from fhe neighboring towns to
quell them; and as he approached them they fired, when he
advanced and returned the fire. The fire continued some
minutes from both parties ; but the insurgents soon fled, leav
ing two of their number slain, and nearly thirty wounded.
Two ofthe militia, under Colonel Ashley, were also killed.
By the united prudence and firmness of fhe governor, aided
by the majority of the legislature, the promptness ofthe mili
tia in most places, and by the influence of wise and discreet
individuals, an unhappy rebellion was early suppressed, with
the loss of only a very few lives, and a small expense to the
state. Had there not been great firmness and energy in fhe
executive, the evil would have been far more extensive ; and
had more severity been used, the records of the comraonwealth
would have been stained with blood for many years. Several
officers of the revolutionary army gave efficient aid to the mili
tia sent out by government, besides Lincoln, Shepard, and
Brooks ; among whom were Patterson, and Ashley, of Berk
shire, and Tupper, Putnam, and Baldwin, of Worcester. And
most ofthe leading men of the revolution, not ofthe mflitary,
were firm supporters ofthe measures of Governor Bowdoin.
The most active among the deluded men, who excited the
insurrection, fled from the state ; and though demanded of the
authorities of the states, where fhey were supposed to be re
siding, were not apprehended. In most cases, they probably
were secreted, if they did not go beyond the bounds of the
United States.
When the supreme judicial courts were first afterwards
holden in the several counties, many indictments were made
for treason ; and six persons were found guilty in Berkshire,
six in Hampshire, one in Worcester, and one in Middlesex.
They were sentenced to the punishment of death, by the
court. Eight of them were afterwards pardoned, and the
others were reprieved.

CHAPTER XXVI.

Boundary line between Massachusetts and New York settled both on west
and east of Hudson river — Delegates to a general convention to revise the
confederation — Mr. Hancock chosen governor in 1787 — Objections to
Mr. Bowdoin unjust — The most intelligent were his supporters — Produce
a tender for debts — Governor's salary reduced— Domestic manufactures
encouraged — Attempts to pay off the public debt — Federal constitution
formed and presented to the states for adoption — Objections to constitu
tion ; a subject of great discussion — Small majority in its favor — Amend
ments proposed by the convention.
The controversy wifh fhe State of New York, as to fhe
claims of Massachusetts to lands west of Hudson River, was
settled in 1786. The dispute was of ancient date. New
York at one time denied the right of Massachusetts to any
lands west of that river : and Massachusetts claimed the
width of its bounds on the seaboard to the west, till it reached
the extreme limits of the United States, by fhe treaty of 1783 ;
excepting a certain distance from the river fully and clearly
included in the early patent of New York. The subject was
referred to congress in 1784, by the two states, and commis
sioners appointed, who held several meetings to hear the
agents of each state concerned, but came to no decision.
Agents from the two states met at Hartford, in December,
1786, and agreed that Massachusetts should have the preemp
tive right to two large tracts of land within the territory which
it claimed, being about 5,000,000 acres ; but which was a small
part of fhe whole tract demanded ; and that the jurisdiction
should be and remain in New York. In 1787, these lands
were sold, or the right to buy them ofthe Indians, for $1,000-
000. And during the same year, the bounds between New
York and Massachusetts, on fhe east side of Hudson River, were
definitely fixed. There had been frequent disputes respecting
the line ; and acts of violence were sometimes committed by
those who set up interfering claims. A decision was made in
1773, by commissioners from New York and Massachusetts;

HISTORY OF MASSACHUSETTS. 325
but the war of the revolution took place before the decision
and agreement received the confirmation ofthe king.
At the session of the general court in March, it was order
ed, that a portion ofthe tax then collecting might be paid in
public securities ; which proved a great accommodation to the
people, who could purchase them far below their nominal
value. Provision was also made by a land lottery, for redeem
ing $160,000 of the public paper, which made a part of the
debt of the stale. Several townships of land in Maine were
surveyed and divided into lots. Every ticket entitled the
holder to a lot of land, more or less valuable according to its
relative situation. The tickets were sold for public paper.
The land was set at a low price ; but there was so much wild
land then in the market, that the scheme proved no better to
many of fhe public creditors than to have disposed of their
paper for a sixth part ofthe nominal sura.
In March, 1787, the general court voted to send delegates
to a convention proposed to be holden in May following, to
consider the expediency of giving greater authority to Con
gress, for the regulation of coramerce with foreign countries,
and for providing a revenue by impost to pay the public debt.*
Governor Bowdoin had suggested and urged it on the legisla
ture in June, 1785 ; and they approved of the proposal, and
communicated it fo the other states, and to congress. The
committees, which met in Maryland in September, 1786, were
in favor of the proposition ; the assembly of Virginia after
wards formally expressed an opinion in favor of if ; and con
gress also recommended the measure, as necessary to the
credit and respectabflity ofthe United Slates.
In 1787, Mr. Hancock was again a candidate for governor,
and was chosen by a large majority of votes. Governor Bow
doin was also a candidate, and received a respectable support.
But an opinion prevailed, that Mr. Hancock would be in f'avor
of milder or more indulgent measures towards the people, in
deferring the collection of taxes and fhe payment ofthe public
debt. Mr. Bowdoin was accused of being too friendly to cap-
itafists and fo the public creditors, and of urging the payment
of demands on the state. These charges were without proof;
unless it was meant that he was desirous of supporting public
credit, and using constitutional authority for the maintenance
of law and order in the commonwealth. Nor indeed could
Mr. Hancock be justly charged with countenancing the dis-
* The delegates from Massachusetts were Francis Dana, Elbridge Gerry,
Nathaniel Gorham, Caleb Strong, and Rufus King.
40

326 HISTORY OF MASSACHUSETTS.
orders of the people, or with indifference to the public credit.
And yet the former was believed to be more firm in support of
the honor and authority of government, and the latter more
compassionate or more indulgent fo the necessitous condition
of fhe people.* The feelings of the citizens, in sorae towns,
where opposition to the laws had prevailed, were displayed by
electing those for representatives whose sympathies were wholly
on the side of the discontented ; but these were not so numerous
as to prevent resolves and votes approving or pursuing the pohcy
of Governor Bowdoin. And the senate elected Samuel Ad
ams for their president at this time, who had been the decided
supporter of the measures ofthe executive in 1786.
A proposition was made, in June, 1787, for an emission of
paper money, with the belief that it would afford some relief
lo the people in the payment of their taxes and debts, but it
was not adopted. But the law was continued, allowing the
debtor to tender certain articles of produce for the discharge of
his debts, when specie could not be obtained. The creditor
sometimes suffered by the operation of the law ; but the circum
stances of the country were believed to justify the act.
A comraittee was appointed, at this time, to consider fhe
expediency of lessening the salaries of some public officers.
Governor Hancock relinquished one third of his salary for the
year; but stated, that he wished it might not be considered a
precedent for future years. The year following he intimated his
expectation of receiving fhe former amount; the general court,
however, did not grant it. Mr. Bowdoin had been desired to
relinquish a portion of the salary, when he was in the chair,
but declined doing it, from an apprehension that it would be
made a precedent in future. Governor Hancock, it was
reported, afterwards regretted his conduct in this respect.
In 1786, when the complaints of fhe people were the most
general, on account of heavy faxes, an agreement was made
by some of the most respectable characters in the state, to dis
courage the use of foreign goods, and to manufacture cloths in
families for common consumption. Governor Bowdoin was at
fhe head of this society. And it was an Important measure.
Had it been adopted two or three years earlier, it would have
* Mr. Hancock was distinguished as being the friend of liberty ; and Mr.
Bowdoin the supporter ofthe laws; as if law and liberty might be placed in
opposition to each other. Such a distinction must have been setup in later
times; but for what good purpose it would be difficult perhaps to show.
Both Hancock and Bowdoin were advocates for law and liberty. The for
mer had less firmness than the latter in supporting law ; or was more de
sirous ofthe popular favor, which prevented his maintaining the authority
of law, in opposition to the popular feelings.

HISTORY OF MASSACHUSETTS. 327
been of great benefit, and prevented, in some measure, the
difficulties which ensued. For the embarrassments of 1786
arose, in part, frora a great purchase of English goods, for the
payment of which the specie was sent out of the country.
The plan, however, was attended with some good, as it gave
a check to the expenditure of the people for superfluities, and
taught them habits of industry and frugality.
Efforts were still made, and plans devised, by the legislature,
to restore and support public credit, but nothing could be done
at onee to secure so desirable a result. And it was hoped that
sufficient power would be given fo congress to provide for this
most important object. Commerce increased, and afforded a
revenue, which was a great help ; but the avails were less than
if there had been uniform regulations in all the states. This
was not to be effected till congress should be empowered to
legislate on fhe subject, for the whole union.
The general court was in session, in October, which had
then long been usual; when the governor informed them that
a new tax would be necessary, and that arrears of former taxes
must also be collected. The legislature accordingly ordered
the treasurer to issue warrants against collectors of the taxes
for 1784 and 1785. The interest of the debt of the stale, al
this tirae, (1787,) was $300,000. And such were the neces
sities of government, that a large sura, arising from imposts and
pledges to pay interest, and soldiers' wages long due, was ap
propriated to meet the current expenses.
The federal constitution, forraed by the convention at Phila
delphia, was received by the governor, at this tirae, and he
imraediately laid if before the general court. He spoke of it
as the resuU of great deliberation, and of a spirit of conciliation
by sorae of the ablest men in the union, and suggested the
necessity of cafling a convention in the state, lo consider
whether they would approve of it. There were but a few
members of the general court so much opposed to it, as to ob
ject to a convention, though many had objections to the former.
And it was decided to submit it to a; meeting of delegates,
chosen in the several towns, in the manner representatives
were elected to the legislature. The convention was holden
in January, 1788, as proposed, and consisted of three hundred
^and sixty members. Governor Hancock was chosen its presi
dent. There were various objections offered against the constitu
tion; and the majority of the convention, when it first met,
was opposed to it. Some persons had prejudices against it,
which were removed by the more intefligent members. But

328 HISTORY OF MASSACHUSETTS.
many were opposed to it, as giving too much power to congress,
and as lessening the powers of the s^ate legislatures, so far as to
deprive them whofly of the attributes of sovereignty and inde
pendence. Biennial elections instead of annual were objected
to, and the number of representatives was considered too limited.
The principle recognised, that five slaves should be counted as
three freemen, in deciding the number of representatives in a
slate, was strongly opposed. The principal objection was the
first above noticed. It was said, that the states would have
less power than when provinces; and that the government pro
posed would be a national or consolidated government, and
would exercise the whole authority of the country.
It was admitted, by the friends ofthe constitution, that great
power was given to congress ; far more than under the confeder
ation. But, it was said, that such was the design in calling a
convention ; that the defects and evfls of the old system were
seen and deplored by every one ; that congress must have full
and complete powers relating to all subjects of a general con
cern, and for regulating commerce with foreign countries; and
that It should have power also to collect a revenue from com
merce, for the payment of the public debt. It was further
contended that the power given to congress was no greater than
was necessary to remedy fhe evils which had existed, and to
provide for the defence and welfare ofthe United States. The
danger of anarchy, if this constitution should be rejected, was
also represented to be imminent and alraost inevitable.
It was the general opinion, that the government for the
United Slates must be complete in congress, so that it should
have povver to enforce obedience to its laws, instead of merely
recommending or advising raeasures for the separate states to
adopt. The chief question was, in what cases and in what
respects, congress shotfld have the sole and complete authority.
It was said it ought to have the power on all subjects of a
general or national interest; as peace and war, a navy, foreign
commerce and foreign intercourse ; the coflection of a revenue,
and providing for payment of debts incurred by the war, which
was of equal concern to all the states. But then there must
be a national legislature, executive and judiciary, to give effi
ciency lo the system ; and this would be a consolidated gov
ernment, and, therefore, destroy or encroach too much on the
power of the separate states. Hence arose fhe difficulty. On
this point, honest and able men differed. It was said by those
opposed to the constitution, that it far exceeded the design
proposed in calling the convention, which was merely fo give
congress power to make uniform commercial regulations, and

HISTORY OF MASSACHUSETTS. 329
to impose one system of imposts for all the states, that a reve
nue might be raised to pay off the continental debt. But it
was replied, that such a system would require full power in
congress to enforce its laws touching that object; which would
render courts and a naval force necessary, as well as complete
authority in collectors and other officers of the customs, to be
all under the control of congress, and not of an individual slate.
And it was shewn, that full power in congress was also neces
sary for the welfare and prosperity of the union, as to disputes
between the slates, for the disposition of public lands, and the
general improvement and government ofthe whole.
In these respects. It was true that the new government would
be a consolidated one ; but that such was wanted ; and without
it, the states would soon become so many distinct nations and
sovereignties, which would prove of infinite mischief, and pro
bably the ruin of all. It was admitted, at the sarae tirae, that
in afl cases, except those of a general nature, and for the cora
raon safety and prosperity, the states should exercise the
powers formerly enjoyed, and which related to the internal
affairs and peculiar circumstances of each. Some of the most
zealous advocates for the constitution allowed that the national
government could exercise no powers except those clearly
given ; and that it was an essential part of the federal system,
that the separate states should still use all authority not ex
pressly delegated to congress for the benefit of the union.
It was thus understood and conceded, that the government
proposed by the constilution would be partiy federal and partly
national. National, in so far as it was to legislate and provide
for the general defence, welfare and prosperity of the union ;
and federal, in that it was to be a government of limited pow
ers, given by the states for specific purposes, to which no indi
vidual slate was competent, and in the formation of which the
states were represented in a twofold view, one as an entire
state, whatever was its extent, and the other as might be its
relative population.
The convention in Massachusetts was in session several
weeks, and the opponents of the constitution were, at an early
period, the most numerous. But the arguments of its friends
finally prevailed ; and when the votes were given for and
against it, there was a majority of nineteen in favor of adopting
it. This result was probably owing to a proposition, made by
Governor Hancock, that several articles should be recom
mended to be incorporated as a part ofthe constitution. This
was not a condition, indeed, of its adoption ; but it induced
several to vote for it, in the hope that these articles would be

330 HISTORY or MASSACHUSETTS.
added. Their object was fo restrain the exercise of power in
congress strictly within the grants and provisions of the con
stitution, and to preserve fo fhe several states all authority not
clearly given by that inslruraent. Most of the articles proposed
by fhe convention in Massachusetts, were approved by two
thirds of the states, and becarae part of the federal constilution.
But few states had accepted of the constitution when Massa
chusetts voted to adopt it; and, as it was one of fhe largest
states, this vote probably had an influence in its favor, in some
other parts of the union. General Washington discovered
great anxiety while it was in discussion in Massachusetts, and
was highly gratified by its acceptance.
Most of those who opposed fhe constitution, when it was
under discussion, after its adoption had the candor to give it
their support : but there was stfll a difference of opinion on
the subject, after the federal government went into operation.
Sorae were for a rigid construction of the clauses giving power
to congress, and were jealous lest if should in any case exceed
the authority delegated ; whfle others were ready to allow dis
cretionary powers, or lo permit congress to put their own con
struction on the constitution.
The blessings of the federal government soon becarae appar
ent, in the increased enterprise and prosperity of the country,
and in fhe confidence created in the public credit. But in no
part of fhe United Stales were these advantages seen more
than in Massachusetts. The pursuits of a large portion of ber
citizens were directed to commerce and navigation, and these
prospered under the new government. Her debt, arising from
great expenses and efforts to support the war of the revolution,
was a burden and a cause of constant complaint; and this was '
to be provided for by congress, except a smafl amount com- ,
paratively, which the state alone must meet.

CHAPTER XXVII.

Federal Government favorable to Commerce — Assumes the debt of the
State in part — Debt and Taxes — Public Credit restored — Slave Trade pro
hibited — Conduct of Mr. Hancock towards the Lt. Governor — New York
and Virginia propose another Convention — Massachusetts disapproves
the plan — Members of Congress — Address of General Court to President
Washington — The Brass Field-Pieces, Hancock and Adams — President
Washington's Tour — Address to him — Reply of Washington.
The federal government was organized in Aprfl, 1789 ; and
among the first acts were those for regulating foreign trade and
coramerce by uniform laws, and for raising a levenue from
this source, fo be appropriated to the payment of fhe public
debt. The credit ofthe United States was thus at once and
permanently established ; and by assuming a great part of the
debts due from individual states, Massachusetts was refieved
in some measure from the burdens which had been pressing on
the people for several years. On an adjustment of expenses
and advances made by all the states, and by each, it was found
that Massachusetts bad large claims on the general government,
which would go lo lessen the portion, otherwise belonging to
her to pay. But even on this adjustment, the state had a
great amount to be answerable for ; and congress having now
all the revenue arising from impost duties, the state debt was
large, compared to its resources to pay. The tax for 1788
was $220,000, whfle that for three years past was in great
part uncollected. In 1789 it was much less ; the sum required
for the interest on the public debt being about $200,000, and
the support of government $50,000; but the avafls of the
excise, which was laid by an act of the state, and still in force,
was not sufficient to pay half of that amount. A committee
of the general court, chosen in June, 1789, soon after reported
that, deducting allowances by congress, and the proceeds of sales
of land in New York, the debt of the slate would be but a little

332 HISTORY OF MASSACHUSETTS.
more than a million of dollars; but the sura necessary for the
support of the civfl list was fo be added to this, in estimating
the amount annuafly to be raised. The public fax was there
fore reduced, after this year, far below that assessed for many
previous years.
From this period, the state and whole country became pros
perous, lands rose in value, agricultural produce bore a high
price, commerce increased and was very profitable, and the
labor of mechanics was in demand and wefl rewarded. The
amount of revenue from the judicious regulations on commerce
and navigation, was far greater than had been anticipated; and
public securities, which had been often sold for one sixth of
the face of thern, rose to a par value. Many of the soldiers
had been necessitated to part with their certificates, at a great
sacrifice; but those who were able to retain them till 1789
were fully paid both principal and interest.
The legislature of Massachusetts, in 1788, again manifested
its disapprobation ofthe slave trade, and of all traffic in human
beings, by the passage of a law subjecting those who should
have any concern in kidnapping and selling of negroes, to
heavy penalties. The immediate occasion ofthe law was the
forcible seizure of three persons of color, by the master of a
vessel lying in Boston, with intent to carry them to fhe West
Indies to be sold for slaves. The fine laid both on the captain
and the owners ofthe vessel, was to a great amount; the in
surance was declared void ; and the relations of the persons
seized (if sold in a distant country) were allowed to prosecute
for the crime.
Mr. Hancock was elected governor for 1788, 1789, and
each successive year, including 1793, when he died. In 1788
General Lincoln was chosen lieutenant governor, but was not
particularly acceptable to Mr. Hancock. The conduct of the
governor towards General Lincoln, was condemned as unjust
and illiberal. The lieutenant governor had usually been com
mander of the castie, by appointment of the governor; and
received about $1000 for his services. As lieutenant gov
ernor, he had no salary. Governor Hancock did not appoint
General Lincoln fo the command of that fortress. At a future
session inquiry was made, why the appointment had not been
given him. The governor replied, that he had the sole right
to appoint, and that it was also for hira to decide, whether he
would have any one to comraand the castle. Great com
plaints were made against the governor, not only for not
appointing the lieutenant governor, who was thus deprived of
his salary as well as the office, but for undertaking to judge of

HISTORY OF MASSACHUSETTS. 333
the propriety of carrying into effect a law or resolve of the
legislature. Governor Hancock claimed the right fo decline
executing a law ofthe general court, if he could not see the
necessity or propriety ofthe law himself This was considered
a mere evasion. The governor was too intelligent to reason
in this way, except that he was opposed to giving the office fo
General Lincoln : and he lost many friends by h'u treatment
of that meritorious officer. A committee reported in favor of
$600 salary for the lieutenant governor, but fhe house of
representatives allowed only $533. The majority in that
branch were the friends of fhe governor; but fhe senate were
wifllng to do justice to General Lincoln.
The senate differed from the house, at this time, respecting
a comphance with the request of Virginia and New York, that
another general convention be called to prepare a new consti
tution, or to alter some parts of the one already proposed, and
to incorporate some additional articles more favorable to the
sovereign authority of the states. The house were in favor of
fhe proposition from New York and Virginia ; but the senate
were opposed to the measure, as of fatal tendency. The gov
ernor, also, though desirous of some alterations, had given his
opinion. In a message communicating the request of those two
states, against the plan ; believing it more proper to leave it fo
the states afterwards to act on those articles, rather than to
postpone the ratification of the constitution, and wait for the
resuh of another convention.
The first representatives from Massachusetts in congress,
under the new constitution, which was in Aprfl, 1789, were
Fisher Ames, George Partridge, George Leonard, George
Thacher, Elbridge Gerry, Benjamin Goodhue, Theodore
Sedgwick, and Jonathan Grout; the four last were chosen on the
second trial. At a ratio of one representative for thirty thousand
inhabitants, Massachusetts was probably entitied to twelve ; but
the population was not then accurately known, though it was
supposed to be three hundred and seventy thousand ; for, in
1784, it was three hundred and fifty-eight thousand.
Soon after General Washington was inducted into office, as
first president of the United States, in April, 1789, the general
court of Massachusetts addressed him, by letter, in the following
terms: — "Sir: Your acceptance of your present exalted and
important station affords universal joy to the people of Mas
sachusetts. They have long felt the most grateful sentiments for
your services, and admiration for your character. And they
reflect with pleasure on the ardor which your presence inspired
41

334 HISTORY OF MASSACHUSETTS.
in the alarming and novel circumstances of a war within their
country, and against their civil security, so soon restored by the
discipline and success of the army under your command. The
unanimity of the suffrages of the states in your election, is no
less a testimony of your merit, than of the gratitude of this
extensive community. They have declared, by investing you
with the powers of their president, their confidence in you,
from the experience of your wisdom and virtues, and they
delight to honor you. For your services, in their estimation,
will yet far exceed their rewards. The union ofthe states, by
a form of government intended to secure the blessings of liberty,
is rendered more perfect under you, as their chief All the
advantages of that government, of our national independence,
and civfl liberty, may be rationally expected under your admin
istration. From you we shall receive those examples of public
and private economy, of prudence, fortitude, and patriotism, of
justice, morality, and religion, which, by the aid of divine prov
idence, insure the welfare of a comraunity. To express the
voice of our constituents, we join in the congratulations of united
America, on this great event ; and we earnestly implore the
protection of the Almighty on your person and family ; that he
would aSbrd you his divine aid in fhe duties of your important
station, and long continue you a blessing to fhe United States."
On a request from the executive of Massachusetts, two brass
field-pieces, then in iHt keeping of congress, were restored to
Massachusetts. There were only four belonging to fhe Amer
ican artillery when the war began. And all were received
from that province. Two were the property of the province,
and were taken by the British. The two, at this time return
ed to Massachusetts, were owned by individuals, citizens of
Boston, and were frequently used in the course of the war.
By order of congress, the following inscription was placed upon
them — on one, "Hancock," and on the other, "Adams;"
and on each — " Sacred to Liberty — This is one of the four
cannon which constituted the whole train of field artillery
possessed by the American colonies, at the commencement
ofthe war, April 19, 1775."
After the federal government vvas organized, the legislation
and proceedings ofthe separate states became less interesting and
important. All which related to foreign affairs, and fo subjects
of general concern to the union, were under the exclusive cog
nizance and direction of congress. And -what had been of
peculiar interest, in Massachusetts, as well as in the other
stales, provision for the payment of debts growing out of the
war, had become the duty of the general government. Yet, in

HISTORY OF MASSACHUSETTS. 335
a young country, just emerging from the ravages and evils of
war, much was stifl to be done by each separate state, for its
particular improvement and welfare.
In his public address to the legislatuie, in May, 1789, which
was soon after the federal government was established. Gov
ernor Hancock spoke of the important benefits to be expected
from it, to fhe country and the state ; and expressed his opin
ion that it deserved the confidence and support of the people.
" But it ought ever to be remembered, (he said) that no form of
government, or mode of administration, can make a vicious
people happy, and that the public welfare will in a great
measure depend on the practice of the social and private virtues
by the people of this extensive republic ; and that this common
wealth, which constitutes an important part ofthe general gov
ernment, may increase its own prosperity, while it proraotes
that ofthe union. We must support and encourage the means
of learning, and all institutions for the education of the rising
generation : an equal degree of intelligence being as necessary
to a free government, as laws are for an equal distribution of
property. Our wise and magnanimous ancestors, impressed
with this idea, were very careful and liberal in the establishment
of institutions for this purpose ; among which, the university in
Cambridge, and grammar schools in the several towns, were
believed highly important. Every necessary attention, I trust,
wfll be paid to the former ; and I can not but earnestiy recom
mend to your inquiry, the reason why the latter is so much
neglected in the state. Should any new laws be necessary on
this subject, you cannot do your country a more essential ser
vice than by providing them."
A law was soon after passed, requiring afl towns with two
hundred famflies to support a grammar school; which was, in
fact, but a revival of a statute enacted in the eariy days of the
colony. By this law, towns with two hundred famifles and
upwards, were required to employ public teachers of youth,
who could instruct in the Latin and Greek languages, and who
had been educated at a college. In towns containing only a
less number of families, the teacher of youth was required to
have a correct knowledge of the English language. Great
advantages were derived from this and former laws with similar
provisions, to the whole people. The teachers for all classes
of chfldren were then of a more literary and elevated character,
than many have been in later periods, when towns are divided
into many districts, and the teachers are scarcely thoroughly
acquainted with fhe English language. Schools of a high order
have indeed been mukiplied ; but the public instructers of the

336 HISTORY OF MASSACHUSETTS.
lower class of chfldren have not always been sufficientiy edu
cated. The. county of Lincoln, in Maine, which was of great extent,
was this year divided .into three counties : the two eastern
received the names of Washington and Hancock. About the
same time, there was a proposition again for the separation of
Maine, and for forming it info a new state. A simflar plan had
been proposed in 1785. The petition was some time before
the general court, but was not granted, as the majority in favor
of the measure did not appear sufficiently large to justify it.
In October, 1789, General Washington, then but recently
chosen President of the United States, made a tour through
the New England States. He had not been in Massachusetts
after March, 1776, when the British troops left Boston. His
reception by ihe people and by the rulers of fhe state, was
such as had never been given fo any individual. All were de
sirous of testifying their gratitude for his public services, and
their respect and admiration of his exalted character. There
was a universal opinion prevailing, that fo him, more than fo
any other individual, the country was indebted for a successful
termination of the arduous struggle for liberty. There were
indeed many brave men in the field, and many able men in
the cabinet, and very many sincerely patriotic among fhe com
mon people ; or fhe efforts of the country never had succeeded.
But so far as the issue depended upon military skill and force,
the praise of victory was preeminently due fo General Wash
ington. It was not mere courage which decided the contest ;
but the prudence, caution, and untiring fidelity of the com
mander-in-chief were necessary to the success of the cause;
and the people were fully sensible ofthe value of his essential
services, and of their peculiar obligations to him for liberty and
independence. The selectmen of Boston addressed him in
behalf of the citizens of that ancient town, and in very respect
ful and affectionate terms ; to which he replied, in his peculiar
manner, honorable both to his feelings and his patriotism. The
governor and council addressed him as follows : — "We meet
you, sir, at this tirae, with hearts replete with the warmest
affection and esteem, to express the high satisfaction we feel in
your visit to the Commonwealth of Massachusetts. We can
never forget the time, when, in the earliest stage of the war,
and in the day of our greatest calamity, we saw you at the
head of the array of the United States, commanding troops
determined but undisciplined ; by your wisdom and valor, pre
venting a sanguinary and well-appointed army of the enemy
Jrom spreading devastation through the country ; and, sooner

HISTORY OF MASSACHUSETTS. 337
than we had reason to expect, obhging them to abandon the
capital. We have since seen you in your high command,
superior to the greatest fatigues and hardships, successfully con
ducting our armies through a long war, till our enemies were
compefled to submit to terms of peace, and acknowledge the
independence of these United States, which congress had
asserted and proclaimed. We have now the pleasure of see
ing you in a still more exalted station, to which you have been
elected by the unaniraous suffrages of a free, virtuous, and
grateful country. From the attachment, which you manifest
ed, whfle in military comraand, to the civil liberties of your
country, we do assure ourselves that you wfll ever retain this
great object in view, and that your adrainistration will be pros
perous and happy. It is our earnest prayer, that the divine
benediction may attend you here and hereafter ; and we sin
cerely wish, that through life you may continue to enjoy
that greatest of earthly blessings, to be accepted by the multi
tude of your brethren."
To this address. General Washington replied — "Gentle
men : To communicate the peculiar pleasure which I derive
from your affectionate welcome to the Commonwealth of Mas
sachusetts, requires a force of expression beyond that which I
possess. I am truly grateful for your goodness towards me ;
and I desire to thank you with the unfeigned sincerity of a
feeling heart. Your obliging remembrance of ray military
services is among the highest rewards they can receive : and if
rectitude of intention may authorize the hope, the favorable
anticlpafious which you are pleased to express of my civil
administration will not, I trust, be disappointed. It is your
happine.ss, gentlemen, to preside in the councfls of a common
wealth where the pride of independence is well assimilated
with the duties of society, and where the industry of the citi
zen gives fhe fullest assurance of public respect and private
prosperity. I have observed, too, with singular satisfaction,
such a becoming attention to the militia as presents the fairest
prospect of support to the invaluable objects of national pros
perity and peace. Long may these blessings be continued to
the Comrnonwealth of Massachusetts. And may you, gentle
men, in your individual capachies, experience every satisfac
tion, which can result from public honor and private happi
ness." *
* No particular title is given to the President of the United States by
the constitution; though the term "Excellency" is often applied to him.
When General Washington visited Boston in 1789, every one was desirous
of manifesting their great respect for his character ; and they cou14

CHAPTER XXVIII.

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

Auspicious as was the commencement of fhe federal gov
ernment, and high as was the confidence of the people gener
ally, in the rectitude and patriotism of those who administered
it, there was with many a jealousy of its extensive powers, or
an apprehension of a tendency to encroach on the authority
and influence of the individual states. This jealousy and this
fear might have arisen entirely from republican feefings, and
from an honest desire to prevent an individual having too great
power, or holding places of trust under different governments,
which might present temptations to violate or neglect one class
of political duties. When fhe federal government was estab
lished, every citizen al once owed allegiance lo that, and to the
stale where he lived. There was not necessarily, indeed, any
coflision or interference between the duties owing respectively
to each. For the homage and fealty of every citizen was first
and chiefly due fo the commonwealth of which he was a mera-
ber. His allegiance, and his duty to obey the laws of the
hardly find words fully expressive of their feelings. Governor Bowdoin,
a man of plain manners, and not liable to excitement, had him at his house
to dine, with a large company, when he addressed him, " Your Highness."
He apologised for using the appellation ; but said bis feelings prompted
him to use an expression more honorable than that applied to any other
ruler or magistrate in tbe country.

History of Massachusetts. 339
United States, were particular and definite, and cleariy pointed
out by the constilution; or, in other words, his allegiance and
obedience were due to the federal government in cases-, where
power was given to it, by his natural parent state, for the gen
eral good. The oath required by fhe constilution of Massa
chusetts explains this subject. It imposes allegiance, faith and
obedience to fhe commonwealth, (excluding all other govern
ments and powers and slates) except in those cases, where
authority was or should be vested, by the states, in the congress
ofthe .United States. Samuel Adams also well explained the
subject, when he look and subscribed the oaths required, on his
being elected lieutenant governor, in 1790. After faking and
subscribing the oath of allegiance fo the commonwealth, and
before taking fhe oath to support the constitution ofthe United
States, he observed, " that he considered them perfectiy com
patible ; and that he felt himself bound by the constilution and
laws of Massachusetts, except in cases, in which the state had
delegated power, by the federal constitution, fo be exercised
by congress for the benefit of all the states, or of the union."
This jealousy and these feelings, respecting the federal gov
ernment, proved the occasion of warm debates in the general
court of Massachusetts, in 1790, as to the eligibility of sorae
members elect fo seats in the legislature, who were in office
under fhe federal government. Jonathan Jackson, who was a
marshal under the general government, was returned as a mem
ber ofthe senate from the county of Essex; David Sewall, a
judge of the federal district court for Maine, and Christopher
Gore, attorney of the federal district court for Massachusetts,
were chosen members of the house of representatives. The
senate and house acted separately on this occasion. In fhe
forn-ver, their committee made a report unfavorable fo Mr.
Jackson ; but the report was rejected, in the senate, by a vote
of thirteen to eleven. The house decided against the two
gentlemen holding their seats iu that body, by a vole of one
hundred and thirty-seven to twenty-four. But the question was
not presented in the same form in the house as it had been in
fhe senate. Instead of a report, the following proposition was
presented in the house: "Whether persons holding offices
under the federal government, similar to those declared by the
constitution of the commonwealth incompatible with their
having seats in the legislature thereof, have a constitutional
right to retain their seals in this house?" A long and ani
mated discussion took place, when the vote was in the negative,
according lo the numbers above-mentioned. By this change
ofthe question, the objection to their holding a seat in the

340 HISTORY OF MASSACHUSETTS.
general court was made fo rest on the impropriety of uniting
executive or judicial power with legislative, rather than that of
one holding office under the federal government being ineligible
to office in the state. Still there was a general opinion, that
those in office under the federal government should be exclud
ed from places of high trust in the commonwealth. With some
it was the desire to keep the officers and rulers of the federal
and state governments wholly distinct; whfle, with others, it
was considered anti-republican to give many offices to any one
man. In 1790, the federal government, having the whole power
ofthe United States for collecting and appropriating the duties
of tonnage and impost, assumed a large portion of the debts of
the several states, incurred for the common defence during the
war of the revolution. The sum thus assumed, amounted to
$21,500,000, which was the debt ofthe United States, besides
the liabilities of the continental congress to meet its own pre
vious engagements. The portion of the assumed debt, in
favor of Massachusetts, was $4,000,000. Before assuming
the above amount of the debts of the separate states, the federal
or continental debt was $52,000,000. The amount assumed
by congress, at this tirae, of the debts of the several states,
was according to their respective advances and expenses, on
behalf of fhe United States, besides the expenses for the irarae-
diate and separate defence of each. Whatever any state ad
vanced, except by resolutions and recoraraendations of con
gress, was, at this tirae, not admitted and not assumed. The
general court of Massachusetts requested congress to assume
the residue of its debt incurred for raeasures of defence against
the common enemy: and commissioners were soon after ap
pointed fo ascertain the amount expended by the several states.
It was found that Massachusetts had expended $18,000,000.
Of this $4,000,000 had been assumed by the federal govern
ment, and 2,000,000 had been allowed and advanced by con
gress, at different periods of the war. Six states were found
to have advanced more than their proportion, and seven, less.
"The largest balance was in favor of South Carolina; and Mas
sachusetts was the next highest of the creditor states; fhe
balance credited to the state, was $1,250,000.
It would appear, by this statement, that Massachusetts bore the
expenses ofthe war of fhe revolution, to the amount of $10,-
250,000. The additional sacrifices, losses, and expenses, by the
state and individuals, it would be difficult to calculate. In 1790,
however, the debt of the commonwealth was much less than
the sum last mentioned ; as payments had been made to a large

HISTORY OF MASSACHUSETTS. 341
amount, during the war and the period which elapsed between
its close and the eslabfishment of the federal government.
The general government was the occasion of great advantages,
both in a public and private view; and its advocates and friends
had the satisfaction early fo find from it all the beneficial results
they had anticipated. It gave great animation to commercial
pursuits ; which afforded profitable employment to various
classes of mechanics. And the assumption of a large part of
the debt ofthe several states, so diminished the amount to be
provided for by each state, that fhe taxes were comparatively
small; and the people generally were relieved of the heavy
burdens, of which they had before complained. On account
of arrears of taxes, remaining unpaid for several years, bow-
ever, the public deraands on the people were very sensibly felt.
The taxes of Massachusetts were high for 1790, '91, and '92,
corapared to the araount assessed in later periods. But the
policy of forbearance, adopted in 1784, '5, '6, and '7, should
not be hastily denounced, as it probably saved the country
, , frora rebellion and anarchy. In 1791, the pubfic tax of the
state was only $ 100,000, which was not sufficient for the pay
ment of interest on the debt still owing, and the ordinary ex
penses of government. The reason given for not assessing a
greater amount, was, that the people had then, in part, fo dis
charge taxes of the two preceding years.* There was a plan
of raising money for the state, at that time, by sales of public
lands in Maine. But the lands were very low, there being
great quantities then in fhe market, and the expenses of sur
veys and agents left little for the public treasury. A lottery
was also granted, for the purpose of raising money for the
state; but littie was collected frora that system of speculation.
Governor Hancock had the firmness and wisdom to disapprove
it; and the general court became satisfied of its impolicy.
On several public occasions. Governor Hancock expressed
his approbation of the federal constitution and government ;
and he did much to recommend and support it, though sorae
of his political friends were opposed to the policy of fhe federal
rulers. He was, however, among those who contended for the
authority and powers of the individual states, except clearly
delegated to congress. " We shall best support the federal
system, (he said,) by maintaining the constilution and govern
ment of our own state. The federal government must stand
or fall with the state governments. If the federal government
* The tax on Boston was one eleventh part of the whole state. At a sub
sequent period it was nearly one sixth.
42

342 HISTORY OF MASSACHUSETTS.
absorbs the powers of fhe state governments, it wfll become a
different system from what if was intended. To maintain it,
as it now is, will be best effected by preserving the state gov
ernments in all their just authority." He seems to have appre
hended that the general government would assume power not
intended to be given it. For he added, "the constitution is a
law to fhe national legislature itself" When he urged to mea
sures for maintaining the credit ofthe slate, and for discharging
the residue of the public debts, he said, " fhe price of our free
dom has been great toil and expense ; and we feel the weight
of it. But we feel as freemen; while the people of other
countries are oppressed with heavy burdens, imposed on them,
not to secure, but to destroy their liberty."
A census of the United States was ordered, in 1790, when ,
it was found that the nuraber of Inhabitants in Massachusetts
was four hundred and seventy-eight thousand; one hundred
thousand of which were in Maine. Not a single slave was
returned in the state : and there was then no other state in the ^
union which did not contain many.
A case was tried in the state, about this time, touching fhe
slave trade, which indicated the opinions and feelings of the
people against that odious traffic. Long before this period,
slavery had ceased to be known in the commonwealth : and
the inhuman practice of the slave trade had been denounced
and forbidden from the first settlement of New England. A
vessel was fitting out in Boston, evidently intended and pre
pared for that business ; and two citizens, residents of Massa
chusetts, were believed to be concerned in the enterprise.
The owner and captain were accordingly prosecuted, and
charged with a violation of the statute of the commonwealth,
prohibiting the practice and subjecting those engaged in it fo a
heavy fine. The persons prosecuted were convicted by the
court of common pleas; and afterwards, on their appeal, by
the supreme judicial court. They were fined in the sum of
£200, fhe penalty provided by the statute. The principal
objection was, that fhe respondents were not citizens of Massa
chusetts, and were liable fo prosecution in the state where they
belonged. But the statute made a resident as well as a citizen
or inhabitant, amenable to the jurisdiction of the state ; and it
was proved, that the owner as well as the master, was sometime
-present at Boston, where the vessel was equipped. At a later
period, the trial would have been had before a federal court.
When fhe judicial department of the United Stales was
organized, Wflliam Cushing, who was then chief justice of fhe
supreme judicial court of Massachusetts, was apppinted the

HISTORY OF MASSACHUSETTS. 343
first associate justice ; John Jay, of New York, being appointed
chief justice. N. P. Sargent was made chief justice of Massa
chusetts, in the room of Judge Cushing; and on the death of
Judge Sargent, in 1792, Francis Dana was appointed to that
place. R. T. Paine, Increase Sumner, Nathan Cushing, and
Thomas Dawes, were, at this period, the other justices of that
court. In 1791, an effort was made to repeal the law of Massachu
setts against theatrical exhibitions. The most active in this
attempt were citizens of Boston, where, if at any place in the ,
state, a theatre could be supported, or was much desired. A
great portion of the inhabitants, and especially the aged, were
ranch opposed lo it. They considered plays generally, or fre
quentiy, of an iramoral tendency; that those who appeared as
actors were far frora being exemplary, if not reafly dissolute and
profligate; and that it would lead to great expenses. Those
who were in favor of a theatre contended, that it was a
literary and elegant entertainment, and that it would be easy
to select such plays as were chaste and pure in sentiment ; and
therefore would be for the iraproveraent, both of the manners
and morals of the people. There were several meetings in
Boston, on the subject. It was proposed to petition the gen
eral court to repeal the standing law, and to instruct fhe repre
sentatives to use their influence in favor of a repeal. But fhe
proposal did not succeed. It was advocated by Perez Morton,
Williara Tudor, and Charles Jarvis ; and opposed by Samuel
Adams, Thomas Dawes, Jr., Benjamin Austin, Jr., and H. G.
Otis. The plan was ravived, during the year 1791, of cutting a
canal across fhe Isthmus of Cape Cod, at Sandwich, so as to
connect the navigation of Massachusetts Bay and Buzzards
Bay, without making the circuit of the cape. The peninsula
is narrow, at the place proposed for the canal, and such a pro
ject had been often before considered. A committee was ap
pointed by the state to survey the grounds, and make a report
as to the practicability, the advantages, and expenses of such
a canal. The report of the comraittee was favorable to the
project; but it was not prosecuted. Many intelligent men
were of opinion, that it would never be of great benefit ; and
that in winter, when most needed, it would not be passable.
The finances of the state were then such, as rather to oppose
than to encourage the enterprise.
The system of internal improvements in Massachusetts may
be dated at about this period. Not strictly indeed, fhe com
mencement of them; but plans for extending and increasing

341 HISTORY OF MASSACHUSETTS.
them, received more than common attention. Several turn
pike roads were projected; and some of them completed
within a few years. The roads generally through the country
were improved ; and great suras expended for this object. A
project was also presented to the public for a canal from
Boston, through the centre of the state, to Connecticut, and
even to Hudson's River. The project was rather confined to a
few sanguine individuals ; for the resources of fhe state did
not then justify the undertaking. Soon afterwards, the Mid
dlesex canal was projected, and by the perseverance of some
enterprising men, the plan was prosecuted and accomplished.*
In 1792, a law was made for the due observation of the
Lord's day, or the christian sabbath. Similar laws had been
enacted in the early days of Massachusetts ; and had been
revived, at different times, afterwards. But the observation
of fhe day, had become far less common than in former limes,
owing in a great measure lo the war ; and the appropriate
duties of it neglected, for business or pleasure. The law was
not so severe or strict in its provisions, as the former ones ;
but it prohibited travelling for business or amusement, and all
other traffic and recreations. It was found to avafl little towards
the object intended. Men will not suffer compulsion in mat
ters of worship or religion ; and yet it may be proper for the
civil authority to provide the means of religious worship and
instruction, for the welfare and good order of society. And
why not also to forbid all labor or arauseraent inconsistent
with the observation of or an attendance on such duties ?
In 1793, the year ofthe decease of Governor Hancock, a
suit was instituted, in the federal court, against fhe common
wealth of Massachusetts, by one Vassall, an alien. The gov
ernor and attorney general, as principal inhabitants of fhe stale,
received a suraraons by the marshal of the federal govern
ment. The governor was of opinion, that the commonwealth
was not amenable to that court, or to any judicial tribunal.
He summoned a special session of fhe general court, which
was holden in September ; and in bis public message to them,
he observed, " that in his opinion the state could not be com
pelled to answer fo a civil suit, as it would be utterly incom
patible with its sovereignty .f The subject was discussed for
* James Sullivan, Loammi Baldwin, and James Winthrop, were the prin
cipal. t The governor was in very feeble health at the time ; and he gave the
address to the secretary, to read. When the secretary had read it, the
governor said " I rely on your candor, to pardon this mode of addressing
you. I fee! the seeds of mortality growing fast within me. But I think

HISTORY OF MASSACHUSETTS. 345
several days, when the legislature passed a resolve, in agree
ment and support of the opinion of the governor.* The
resolution was as foflows : " That a power claimed, or which
might be claimed, of corapelling a state lo become a defend
ant in a court of the United States, at fhe suit of an individual
or individuals, is unnecessary and inexpedient ; and, in its
exercise, dangerous to the peace, safety and independence of
the several states, and repugnant fo the first principles of a
federal government." The representatives and senators in
congress from the state were requested and instructed by the
legislature lo endeavor to obtain an amendment to the con
stitution of the United Slates, with a view to prevent a con
struction of any clause or part of h, which should go to compel
a state to answer in a civil suit, before any federal judicature.
An article was accordingly soon after added to fhe consti
tution denying the authority of fhe United Slates courts to
oblige a state lo answer before it, to the civil suit of an in
dividual. The article is as follows : — " The judicial power of
the United States shall not be constructed to extend lo any
suit in law or equity, commenced or prosecuted against one of
the United States, by citizens of another stale. "f
This was a singular proceeding of an individual state in
opposition to the federal governraent, or in interfering with a
branch of that government, as to Its power, or the meaning of
the constitution whence that power was claimed. If was, in
effect, a refusal to obey the authority of that governraent,
until the voice of the people could be obtained on the subject.
It was a single state undertaking to say, that fhe constitution
had been misconstrued, and the judiciary had exceeded the
power given to it by the constitution ; and a resolution not to
submit to the authority which it assumed, until it was ascer
tained, by an appeal to the states, that the authority was
given by that instrument. J
I have, in this case, done no more than my duty, as a servant ofthe people.
I never did, and I never will deceive them, while I have life and strength
to act in their service."
* The vote in the house, was 107 to 19.
t The preamble to the resolve was — " Whereas a decision has been had
in the supreme court of the United States, that a state may be sued in that
court by a citizen of another state, which appears to be grounded on the
clause ofthe constitution, giving authority to the federal judiciary, in cases
between a state and citizens of another state." And the governor said, in
his message, " that he could not conceive, when the constitution was
adopted, that it was expected by the people that a state should be held to
answer on compulsory civil process to any individual."
t If the general governraent is not a federal, hut a national or consolidated
government, the conduct of Massachusetts would have been condemned as

346 HISTORY OF MASSACHUSETTS.
After the death of Governor Hancock, Samuel Adams, who
was Lieutenant Governor, filled the office of chief magistrate
for fhe remainder of the political year ; and was then elected
governor for three years, successively ; when he was induced,
by fhe infirmities of age, fo retire from public life.* Mr.
Adams was one ofthe most firm and determined assertors of
constitutional liberty, during the controversy with the British
ministry, which was maintained for ten years before hostilities
began i'n 1775. He was among the first few intelligent and
resolute men, (in some respects, perhaps, the most firm among
them.) who opposed the claims set up and the measures
adopted by the administration in England, which tended to
abridge the liberties ofthe colonists, and to subject them to a
distant government, in which fhey were not represented. He
was opposed fo arbitraTy principles, even more than to the
oppressive raeasures of ministers in the parent country. His
object always seemed to be to contend for constitutional prin
ciples, and to show that the conduct of administration was in
violation oflbem. And in this he succeeded, in fhe opinion
of his fellow-citizens generally. He had much of the puritan
in his character and manners ; and yet was nol very different,
in this respect, from his contemporary, Governor Bowdoin; or
from Governor Strong, of a little later period.f '
Mr. Adams was one of those who had objections to the con
stitution of the United Stales, as giving loo much power to
the general government, and as encroaching unduly on the
rights and authority ofthe individual stales. He was opposed to
the constitution, in fhe convention of Massachusetts, on that
ground. But he voted for it, with the articles proposed in
that convention, most of which were afterwards adopted by
the other states. He retained a jealousy of the accuraulation
of power by fhe federal governraent, and of its tendency to
consolidation. He was in favor of a federal, but opposed to a
national government. It is important to know the views of
such a man as Governor Adams, of fhe federal government,
especially at this early period. In January, 1794, after re
ferring to the origin and cause ofthe new government, which
had far more extensive power, than under the old confedera-
altogether improper and dangerous. And it is to be considered, also, that
the case was not referred to the people by conventions to decide, but to
the legislatures of the several states.
" Governor Adams was 76 when he resigned the office of chief magis
trate, in 1797.
t Mr. Strong was iirst chosen governor in 1800, and he manifested par
ticular respect towards the venerable patriot, ex-governor Adams.

HISTORY OF MASSACHUSETTS. 347
tion, Mr. Adams said, " it was judged that fhe great affairs of
the United States, which before were entire sovereignties,
could not be well conducted under fhe diieclioii ol several
distinct governments. They therefore formed a federal con
stitution ; by which certain powers of sovereignties are delega
ted to the persons chosen to administer the general govern
ment, to be exercised conformably fo and within the restric
tions of the coHStitution ; and all powers not vested in congress,
remain fo the slates individually. Great caution is necessary,
lest any degree of infringement take place, either on the rights
of the federal government, or on those of the several states."
Such were the views of most of the friends of the federal con
stilution and government at that period. Consolidation was
avowed and advocated by very few. While it was admitted
and contended, that the full powers of the federal government
should be exercised, as essential to the welfare and prosperity
of the United States, it was insisted, that the power, not clearly
given, must remain with the Individual states ; otherwise the
compact would be violated, and the liberties of fhe people be
in danger.*
In the same speech, Mr. Adams referred particularly to fhe
principle of civfl and political liberty, recognised by the con
stitution of Massachusetts, " that all men are born free and
equal; and have certain natural, essential and unalienable
rights ;" which he said, " he considered to be guaranteed by
the author of nature and implied by the christian revelation."
He referred lo these first principles, he said, " because he
fully believed, that on them depended our free republican in
stitutions, and the social welfare ofthe peopleC"
¦* Because, in the several state constitutions, there was a bill of rights,
limiting the powers of the government and rulers; and, if the federal
government was i^ot amenable to the states, by which it was formed, and
could exceed the authority delegated, it would be responsible to no con
trolling power, and would exercise authority to an indefinite and unlimited
extent.

CHAPTER XXIX.

Dispute with France ; — and with England — Formation of parties — At
tachment to France — Antipathy to England — Censures ofthe conduct
ofthe federal Executive — Treaty with England, 1794 — Objections to it — ¦
Causes of party opinions — Views of federalists and of anti-federalists —
Governor Adams — His political opinions — His recommendations of sup
port for schools and teachers of religion.
At this period, (1794,) there was a general and strong
feeling prevailing through the United States, on the subject
ofthe French revolution. This feeling it was natural for the
American people fo possess, as the French nation had afforded
great assistance to fhe United States in their struggle for free
dom and independence, and as that people were then believed
to be seeking a more mild and free government. These con
siderations operated with all classes of people in fhe United
States, in favor ofthe revolution in France in 1792 and 93.
But when, under fhe pretence of seeking for pohtical freedom
and of merely opposing despotic power, as exercised by the
king and his ministers, it appeared, that factions and cabals
had taken their place, and that the greatest cruelties and
outrages were committed in the name of liberty, the friends of
government and order in America were alarmed, and withheld
their approbation, which before had been fully expressed.
Many citizens of the United Slates not only strongly condemned
these oKcesses, but they began to doubt fhe favorable result of
the French revolution. And in their condemnation of these
excesses and cruelties, spoke with less severity against the
former governraent of France and against monarchy in gen
eral. Others were ready to apologize for these excesses, as
unavoidable in a revolution of an old and despotic state ; and
to censure the factions less severely than was reasonable. It
was not, however, a mere abstract question, or one addressed

history of MASSACHUSETTS. 349
solely to the sympathy of the people of the United States.
The citizens of France, who assumed power, on the deposition
and execution of the king, interfered wifh the government of
this country, made demands on it, and assumed to dictate what
measures it would be proper for it to adopt, in a manner incom
patible wifh the sovereign rights of the United States. It be
came, therefore, a quesfon of practical importance what course
to pursue. General Washington, then chief magistrate of the
union, though justly sensible of fhe assistance of France in the
war of the revolution, and desirous of a reform in the French
governraent, which would be favorable to the liberties of the
subjects, was not disposed lo coraproralt fhe peace and welfare
of the United States, by joining that nation in a war with other
European powers. He issued a proclaraation of neutrality,
forbidding the citizens of America to engage in the contest, in
any way, between France and the other powers of Europe;
and prohibiting French agents from fitting out armed vessels
in the ports of the United States.
This policy of the federal administration was generally ap
proved by the people ; but there were some who condemned
¦ it, as ungrateful to France, and as deficient in that decided
spirit in favor of hberty, which became the American republic,
towards the new republic in Europe. That portion of the
citizens of Massachusetts, who were of the latter character,
gave their support to Governor Adams, and claimed him as
their pohtical friend. But he never justified the excesses and
cruelties committed by the revolutionary factions in France,
though he was not so early in condemning them, or in despair
ing of civfl liberty in that country, as some others were. After
wards, he reprobated their conduct as expressly and as severely
as others. And, at the time the feelings of the country were
most excited, by the improper interference ofthe French min
ister to the United States, whose conduct was justified or ex
cused by some of fhe people, Mr. Adams publicly declared
his confidence in the wisdom and patriotism of General Wash
ington, then the chief magistrate ofthe United States.
From this period is to be dated the origin of two great politi
cal parties, info which the state and country were divided, for
several subsequent years. The parties, indeed, began rather
at the formation of the federal government, in 1789; for then
the people were divided in opinion, as to fhe excellence, and
expediency even of that government. By those who made
great professions of republicanism, it was objected that the fed
eral government approached too nearly to monarchy. But the

350 HISTORY OF MASSACHUSETTS.
beneficial effects of that government had reconcfled many who
were opposed to the constitution. The parties, indeed, con
tinued to be thus distinctly marked, but not with much bitter
ness or warmth. The French revolution, and the policy of
the federal government, relating to the measures of that nation,
served more dlstinctiy to mark the difference between these
parties. And when President Washington, in 1794, instituted
a special embassy to England, to settle difficulties whh that
government, and to maintain peace with that nation, if it might
be honorably effected, in preference to uniting the destiny of
America with France, and joining her in a war against Great
Britain, the party professing to be most republican, which had
opposed the federal constitution, and fhe proclamation of neu
trality, became more explicit and more open in their censures.
This class of the citizens, in their gratitude to France and their
love of republican freedom, as well as from prejudices against
England, and a fear, perhaps, of an afliance with that nation,
were inclined to assist the French people, even at the hazard
of a war with Great Britain; while fhe other portion, denomi
nated federal republicans, agreeing with General Washington-
and his cabinet, felt no desire and no obligation to make com- .
mon cause with France ; and chose rather fo make an effort to
preserve the commerce and peace of the country. From this
period, the two parties became more apparent; and on some
occasions their feelings were quite exasperated towards each
other. In the warmth of their pohtical disputes, they some
times lost their moderation and candor, and applied epithets
and made charges, alternately, which were unjustifiable and
unfounded. The federal party was charged with being in
favor of raonarchy, and friendly to Great Britain; and the
deraocratio, or anti-federal party, was accused of being so de
voted fo France, as to be willing to hazard fhe welfare and
peace of the United States for the prosperity of that nation.
Sometimes even bribery was charged by each party on the
other, in the heat of controversy ; but without proof or any
evidence sufficient to justify belief And many who opposed
the policy and measures of the federal administration, were
advocates for liberty, in such a sense, or to such an extent, as
was incompatible with the due authority of law and govern
ment. In pursuance of the instructions of President Washington,
Mr. Jay, one of the purest patriots of the revolution, formed a
treaty of amity and commerce with Great Britain, in 1794; and
thus fortunately prevented an open rupture between that coun-

HISTORY OF MASSACHUSETTS. 351
try and fhe United States, which the French rulers of that
period attempted to produce, and which even some American
citizens seemed ready to justify. Owing to former prejudices
against England, and to the belief, that the treaty was not suf
ficientiy favorable f o the commerce of the United States, it was
denounced before it was thoroughly understood ; and in Bos
ton, there was a meeting at which it was condemned, " as in
jurious to the interests of navigation, as derogatory to the char
acter of the government, and dangerous to the peace of the
country." * The chamber of coramerce, in that town, soon
after gave an opinion, that fhe treaty would be more favorable
than had been feared, and that it would be proper to ratify if.
To fhe citizens of Boston, General Washington said, in reply :
" In every act of my administration, I have sought the happi
ness of my fellow-citizens. For the attainment of this object,
my principle is to overlook afl local and partial considerations,
to consider that sudden impressions, when erroneous, would
yield to candid reflection, and to consult chiefly the permanent
interests of our country. The constitution is the guide, which
I can never abandon : and it assigns to the president and senate
the power of maliing treaties with foreign nations. It was,
doubtless, supposed, that two branches of the government would
combine, without passion, and with the best means of informa
tion, those facts and principles on which the success of our
foreign relations will always depend 5 that they ought not to
substitute, for their own convictions the opinions of others, nor
to seek truth through any channel but that of a temperate and
well informed investigation." In reply to the Boston chamber
of commerce, he said: "While I regret the diversity of opinion
which has been manifested on this occasion, it is a great satis
faction to learn, that the commercial part of my fellow-citizens,
whose interests are most directly affected, generally consider
* Perhaps, there can be no greater evidence of the unpopularity of the
treaty agreed to by Judge Jay with England, in 1794, than the almost unan
imous vote of a Boston town meeting, attended by the political friends of
Washington, and supporters of the federal government, at that time. It is
true, however, that the meeting wa-s got up at short notice, and the
report was, that the treaty was highly injurious to the commercial interests
ofthe counlTy. But the fact affords proof of the great mischief of acting
under a sudden excitement. The treaty had not then been published.
General Washington gave a gentle rebuke to the Bostonians, on this occa
sion ; which they indeed j ustly deserved, but which they would not have
received from any other president, without a prompt expression of their
feelings. The opinion expressed by the chamber of commerce, in Boston,
a few days after, when there had been time fully to consider the terms of
the treaty, was very different from the resolutions of the town, which were
adopted under the influence of a popular excitement.

352 HISTORY OF MASSACHUSETTS.
the treaty as calculated, on the whole, to procure important
advantages to our country."
In this season of general prosperity and of advancement in
wealth, the interests of education and of letters were also zeal
ously cherished. A society was forraed in Massachusetts, in
1794, for the purpose of collecting and publishing such manu
scripts, paraphlets, and documents, as would serve for materials
of a correct and full history of the state frora its first settlements.
The labors ofthe society have proved very useful in promoting
the objects proposed by its fiberal founders. Of these. Rev.
Dr. Belknap was fhe principal; his early fellow laborers were
James Sullivan, James Winthrop, Wifliam Tudor, Rev. Peter
Thacher, Rev. John Eliot, Rev. James Freeman, and George
R. Minot. The sarae year a college was established at
Brunswick, in that section of the state cafled Maine, and
afterwards forraed into a separate commonwealth. It received
the name of Bowdoin College, in honor of Governor Bowdoin,
who was a distinguished public and literary character in Massa
chusetts ; and whose son gave a large part of his patriraonial
estate to the institution. It soon became a great benefit to
that part of the country; then and afterwards rapidly increas
ing in wealth and population.
The political parties in the state and country, originated and
distinguished as before related, continued for several years, and
occasionally manifested great asperity and bitterness towards
each other. Both were sensible of the necessity of good gov
ernment, and were attached to republican freedom. No one
could be more decided in favor of rational liberty than General
Washington : no one could be more ready to support the
laws than Governor Adams.* Yet sorae of the supporters of
the forraer were probably in favor of a stronger government
than the federal constitution provided ; and some of the adher
ents ofthe latter avowed sentiments dangerous to the peace of
society, and incompatible with fhe authority of government. The
great dispute with the majority of each party was, as to the best
measures of maintaining constitutional authority and liberty.
The anti-federal or democratic party were most apprehensive
of encroachments on liberty ; and therefore chiefly desirous of
adopting measures to prevent them. The federal party, sensi
ble of the necessity of good government, and fearful of the

"* This reference is made because General Washiiigton was at the head
of the federal administration, at this time ; and Governor Adams was
deemed the head ofthe democratic party in Massachusetts.

HISTORY OF MASSACHUSETTS. 353
effects of fhe demorafizing and leveling principles which were
prevafllng in Franco, and insinuating into society in America,
were particularly careful to guard against misrule, and to sup
port the legitimate powers of government ; not, however, by
any arbitiary measures or by abridging the constitutional liber
ties of the people. The latter aimed rather to make the con
stitution their rule and guide, than fhe opinion of a portion of
the people, prematurely expressed under sudden excitement,
though pretended lo be the public sentiraenl, when the sober
and reflecting part ofthe community had different views.
It would be incorrect and uncandid fo characterize the parties
by saying, one was for liberty without law, and the other, for
law without liberty : both were friends of constitutional liberty
and law. The question was as to the best and surest means
of preserving the forraer, and of supporting the latter. And the
dispute arose from prejudices and partialities growing ouf of
a former period, the war of the revolution, when the British
were the enemies, and the French the friends of the United
States. The extensive powers of the federal government served to
strengthen, but did not give the greatest force to fhe different
views and feelings of these parties, and yet, at a later period,
when the partialities for France, in a great measure, ceased to
operate, the pohtical parties continued ; owing chiefly fo a dis
position in one party to extend the powers of the federal gov
ernment, by a liberal construction of the constitution ; and, in
the other, to fhe principle of consulting the people, as to its
meaning and design. Thus both parties deviated from the
directions of that (almost) sacred instrument ; the one justifying
any exercise of power by inference ; and the other making it
less a guide, than the pretended opinion ofthe people, however
hastily formed and expressed.
Like his predecessors, Hancock and Bowdoin, Governor
Adams frequently expressed his sense ofthe importance ofthe
rehgious and literary institutions of fhe state ; and officially
recommended to the legislature to make suitable provisions for
the support of christian teachers, and of instructers of youth,
at the public expense. He was one of the fraraers ofthe con
stitution of Massachusetts, and had a principal share in prepar
ing the bill of rights, which declares it the duty ofthe rulers of
the commonwealth to provide for the maintenance of pubfic
schools, and of religious worship and instruction ; but leaving
it to the people, in the several towns and districts, to choose
their respective teachers, and to determine their compensation.

354 HISTORY or Massachusetts.
The statesmen who framed the constitution were fully sensible,
that the intelligence, moral habits, and good order of the com
munity were chiefly to be attributed lo the institutions, long
maintained in Massachusetts, for christian worship and instruc
tion, and for the education of children of all classes and grades
ofthe people. The third article of the, bill of rights, which is
a part of the constitution of Massachusetts, was not agreed to
by the convention which formed that instrument, without long
discussion and deliberation. There was a desire in the conven
tion to provide by law for the support of public religious
instruction in all the towns in the state, as wefl as for public
schools for the whole population, with a view to social order,
but to allow every citizen perfect liberty of conscience, as to
the forms of worship, and the peculiarities of speculative opin
ions. In 1833, the third article was stricken out of the bill of
rights, by the consent ofthe people, on recommendation of the
general court.

CHAPTER XXX.

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

The two great political parties, dividing the people of Mas
sachusetts, as well as of the other slates, nearly in equal num
bers, remained when John Adams was elected President of the
United States, in 1797. General Washington had held the
place eight years, and then positively declined a reelection-.
Mr. Adams had been vice president while General Washington
was the chief magistrate ; and he had filled several highly im
portant and responsible stations in the general government with
great ability and integrity. He was one of the first delegates
fo the continental congress in September, 1774 ; and continued
to be appointed every year after, till he was sent ambassador fo
France, in 1778. He continued in Europe several years, in a
public capacity, where he rendered essential service to the Uni
ted States, during the latter period ofthe war of the revolution,
both in France and Holland ; in negotiating the peace of 1783;
and, afterwards, as envoy to the British court. But there were
prejudices cherished against him by a portion of the people,
who were Ignorant of his true character, or who misrepresented
his political views from sinister motives. He never had the
entire confidence of so great a portion of fhe country as Wash
ington possessed ; and it was even pretended, that he was in
favor of monarchy ; especially of a limited raonarchy, like that
of England. And in some of his political writings, he had
spoken in commendation of various parts of the British constitu
tion, compared to other European governments. At an early
period of the French revolution, he had also predicted the
errors and excesses with which the people of that nation were
afterwards chargeable.

356 HISTORY OF MASSACHUSETTS.
Under the administration of President AdamS, the opposi
tion to the federal governraent Increased, and the parties be
carae still more distinctly marked and known. This was par
ticulariy the case in Massachusetts. While Governor Adams
was a candidate, though he disapproved of some of the mea
sures of the federal administration, he had no formidable rival.
Some were dissatisfied ; but they either presumed his opposi
tion would not be violent or general, or that it would be vain to
set up an opposing candidate, when he gave notice, in the
beginning of 1797, that he declined the suffrages ofthe people,
because of his age and infirmities. There was then a candidate
for the place of chief magistrate offered by each political party
in the state. IncreaseSuraner, one of the justices of the supreme
judicial court, who was supported by the federal party, was
elected. Moses Gill, the lieutenant governor, and Jaraes Sul
livan, the attorney general, were also candidates for the office.
They received the voles of the anti-federal party, being con
sidered raore in favor of the power of the states and of the
liberties of the people, but not avowed or decided opposers of
the measures of fhe federal government.
In his first public address to fhe general court, on being in
ducted into office, June, 1797, Governor Sumner spoke with
decided and entire approbation of the policy and measures of
the federal administration. He expressed his belief of the wis
dom and prudence of the course pursued by General Washing
ton, and as having been necessary for the peace, prosperity,
and honor of the United States. And he declared his confi
dence in the intelligence and patriotism of President Adaras,
as qualifying him to adralnister the government with safety to
the country, and in accordance wifh the great principles of the
constitution. President Adams was a decided and zealous
friend of coraraerce ; and this rendered him more acceptable
to the people of the eastern, than to those in the southern and
western parts of the union. The treaty with Great Britain also
operated more favorably than had been apprehended or pre
dicted ; and this removed one great objection to the federal
administration. Stifl fhe conduct of the two great befligerent
powers in Europe, was such as to be injurious to fhe rights of
neutral nations ; and to none more than to the United States.
The commerce of America, at this period, (1797,) was sub
ject to frequent depredations. In their plans to injure each
other, both France and England were chargeable with commit
ting great injustice and outrage on the merchants of the United
States. The people loudly complained, and many were de
sirous of retalialory measures. Some demanded war against

History of Massachusetts. 357
England, and some against France ; and some advised to retire
from the ocean, as the only wise and safe expedient.
In this state of the public mind, and with these conflicting
opinions, the federal administration had much opposition to
encounter, and the discharge of its duty to the country was ex
tremely difficult. It was Irapossible to satisfy all the people,
and not easy to decide which was the just and safe course.
To maintain its neutral position, and to preserve peace if pos
sible, seemed to be the poficy and the wish of the administra
tion. But it owed something to its own honor, and more to
the interests of the people : and it was said, there was a point
beyond which forbearance would neither be honorable nor safe.
The majority of the people in Massachusetts manifested their
approbation of fhe policy of the federal government, by the
reelection, in 1798, of Mr. Sumner, who gave Mr. Adams'
measures his decided support. The conduct of the French
rulers was so threatening and hostile, that an attack by them
on the coasts of the United Slates was feared; and the governor
recomraended to the general court to adopt defensive measures-
for the protection of the people on the seaboard of the com
monwealth. At this period, the federal government gave authority for
building several large frigates, and for raising an army, for the
protection and safety of the United States, if an attack should
be made by any foreign nation. President Adams ordered one
to be built in Boston, which was called the Constitution; and
the officers from Massachusetts, appointed for the provisionaf
army, were Henry Knox, as major general, and John Brooks,.
as a brigadier. These measures, with some others adopted at
the same time, served to increase the opposition in Massachu
setts fo the federal administration; for it was said to create a
needless expense, as the French would not probably send
troops to invade the country. And fhe objection was greater
to an army than to a navy. For the latter might be necessary
for fhe protection of commerce, in which a great portion of the
state was engaged. Political parties, of the character pre
viously existing, were very bitter in their writings; and their
disputes respecting candidates for office, were fierce and violent.
Those who complained of French aggressions were charged
with being the friends of Great Britain ; and such as censured
British depredations were accused as being the friends of
France. And the great dispute with many was, not whether
the United States had unjustiy and wantonly suffered, and
what was necessary for redress and defence, but whether war
should be declared against England or France. No doubt
44

358 HISTORY OF MASSACHUSETTS.
there was much true patriotism in most of each party, and that
each and afl would readily defend their own country against
any foreign power, which should dare to invade it; but the
question was, which was most unjust and violent in its treat
ment, and which ought to be selected for hostfle attack.
There was, however, apparently too much of passion and pre
judice mixed with patriotism, in a great portion of the people,
to qualify them to decide with perfect impartiality and correct
ness. The spirit of party had undue influence; and, as in
afl similar cases, few were justly desirous of forming a just and
correct judgraent. When party feelings have been long cher
ished, the people contend for victory rather than truth ; and
seek rather to confound their opponents than to establish what
is right.*
* Party is an evil incident to all free governments. In a republic, where
all the citizens have a light to speak and vote, and a chance to gain power
and office, there will be an indulgence of the selfish passions, as well as a
diversity of political opinions. Such is the fact even in England. In the
United States, it is much more so. Whether a politician shall be esteemed
honest and patriotic, or not, must depend on his general character, rather
than on his particular opinions, touching the conduct and policy of rulers.
The intelligence and good sense of the people can alone correct the evil,
so far as it is possible to prevent or restrain it at all.

CHAPTER XXXI

Legal Provision for Public Worship, and Religious Teachers — Complaints
by minor sects of the Constitution on the subject — A law in 1800,
more favorable to religious liberty — -Reference to law of 1811 — Cora-
plaints of Alien and Sedition Acts — Resolutions of Virginia, condemning
them — General Court of Massachusetts disagrees to Resolutions of Vir
ginia—Death of Gov. Sumner — Gov. Strong — His character and opinions
— Death of General Washington — Gov. Strong reelected — His Conciliar
tory Speech.
Religious freedom was always a subject of strong interest
with the people of Massachusetts. If led to their emigration
from their native country, and to their settlement in a far dis
tant and wild region. Their descendants always cherished the
sarae spirit. The article in the constitution of the coramon-
wealth was fhe result of much debate and deliberation..! It was
nearly the universal opinion, that religion was important to the
order of society, as its sanctions were essential to virtue and
morality. But it was a question, how far civil government
might justiy or safely interfere by directions and laws for the
support of religion. Sorae insisted that the civil authority
should require nothing, but leave religion wholly fo the wifl
and choice of evecy individual: whfle the majority were of
opinion, that fhe legislature should have power to require the
support of religious teachers and worship ; leaving it to the
people to choose their teachers, and their particular form of
worship, provided that was christian and protestant.
The constitution had been generally so construed as to give
dissatisfaction to those who belonged to minor sects or denom
inations; for it had been decided, that except a person usuafly
and statedly attended a different place of worship, he must pay
to the support of fhe minister of the town where he resided,
though he could not conscientiously attend his instructions:
thus subjecting a person to the inconvenience and trouble of
obtaining a certificate from the minister or society where he

360 HISTORY OF MASSACHUSETTS.
chose to worship, of his being of their communion. And this
was afleged to be an abridgment of the right to worship God
with such denomination as one might choose. One was, indeed,
aflowed the privflege, but was subject to some inconvenience
and expense in securing its enjoyment. In March, 1800, a
law was passed on the subject, considered more consistent with
religious liberty, and more favorable. to the smaller sects, than
the forraer statutes, enacted before the revolution. It provided,
that one who was of a different denoraination frora fhe majority
of a town might pay towards the support of the teacher on
whose instructions he usually attended, instead of paying, as
had before been required, to the teacher of fhe town, whom it
was not his choice to hear. But even this law did not give
full satisfaction to all religious sects. It was stfll objected, that
those who belonged to congregational churches had peculiar
privfleges. And it was not tifl the passage of the law of 1811,
which removed all hostilities, that those who had complained
of ecclesiastical oppression becarae contented with the legal pro
visions of the state, for the support of religious teachers and
worship. But those who approved of the article in the con
stitution, requiring religious worship and instruction, considered
the last raenfioned law as a dangerous Innovation; since, in
effect, it aflowed a sraafl portion of the people in a town
to decide whether they would have any religious teachers
at all.
In 17518, while Governor Suraner was in the chair, a ques
tion arose in Virginia, as to the constitutionality of two acts of
congress ; and the subject was discussed with uncommon inter
est, in all parts of the country. These were the sedition and
alien acts; by which the president was authorized to send aliens
out of the United Stales, if he should deem them dangerous
characters, without trial ; and persons were made liable to pro
secution for a libel, if they accused the members of administra
tion unjustly. The first law was objected to, as being arbitrary,
and as giving too much power fo the executive ; and the latter,
as interfering with the freedora of speech, and of the press ;
which was highly improper in a free government. The legis
lature of Virginia pronounced these laws to be uncoijsfitutional,
and as exceeding the power given to the federal government:
and therefore declared thera to be null and void. They also
appealed to the other states, in the hope that they would unite
in declaring them unconstitutional and unjust. When Governor
Sumner communicated these proceedings of Virginia to the
general court, he expressed an opinion in favor of the acts of
congress, to which they referred ; as aliens, if dangerous per-

HISTORY OF MASSACHUSETTS. 361
-sons, by misrepresenting the measures of government, might
justly be required fo leave the country, without demanding
the right of legal process, to which the citizens would be
entitied; and as those, charged wifh a libel against. fhe rulers,
could justify fheinselvesv by showing that the charges, alleged
to be libellous, were wefl founded and true. He thought the
safety of the United States required or justified such laws by
the federal government. The majority of the general court
sustained fhe governor in his views ; and expressed their opin
ion, that the acts of congress were constitutional and proper,
which the legislature of Virginia, and some other slates, had
declared arbitrary and unjust.
The report made, on this occasion, in the house of repre
sentatives, which was adopted by a vote of one hundred and
sixteen to twenty-nine, contained the following resolutions: —
¦" That this legislature are persuaded, that the decision of all
cases, in law and equity, arising under the constitution of the
United States, and the construction of 9II laws made in pursu
ance thereof, are exclusively vested by the people, in the judi
cial courts of the United States: — That the people, in that
solemn compact, which is declared to be the supreme law of
the land, have not constituted the state legislatures the judges
of the acts or measures of the federal government, but have
confided to them fhe power of proposing such amendments of
the constitution as shall appear to them necessary to the inter
ests, or conforraable to the wishes of the people whom they
represent: — That by this construction of the constitution, an
amicable and dispassionate remedy is pointed ouf, for any evfl
which experience may prove to exist, and the peace and pros
perity of the United Slates may be preserved without inter
ruption." Governor Sumner died in June, 1799, and Moses Gfll, the
lieutenant governor, acted as chief magistrate through fhe
year. In 1800, Caleb Strong was elected governor, but by
a small majority of votes ; Elbridge Gerry was the opposing
candidate. Mr. Gerry was supported by the democratic, or
anti-federal party. He was opposed to the constitution of the
United States, from a belief that the power of fhe individual
states would be too much restricted, and that its tendency was
to consolidation. He had also been an apologist for France,
in most cases of dispute between that government and the
United Slates, and condemned the poficy ofthe federal admin
istration in relation to that country and fo England. Mr.
Strong received the full support of the federal party. At
that period, the two parties were nearly equally divided in

363 HISTORY OF MASSACHUSETTS.
Massachusetts, and through the union. The different opinions
and views of fhe parties were such as had distinguished them
for several years. Their prejudices and partialities were the
same. Governor Strong had been long in public life, when
he was elected dhief magistrate of the state. He was •
active in the revolution, and had repeatedly been a member
ofthe legislature. He was a delegate from Massachusetts,
in the general convention of 1787, which framed the fed
eral constitution, and a member of the convention, by which
it was adopted in the state. When the federal government
was first estabhshed, he was appointed a senator in congress,
where his services were very useful ; especiafly as chair
man of the committee lo prepare a law for organizing the
judiciary of the United Slates. Before this, he had been
eminent as a counsellor of law ; and had been appointed a
justice of the supreme court of Massachusetts. His talents
were of a high order, and his moral character was remarkably
pure and elevated. In his political views, he agreed entirely
with General Washington and President Adams ; and the
measures of their administration received his official approba
tion and support. General Washington died a few months*
before Governor Strong was elected chief magistrate ; and in
his first address fo the general court, he spoke of him in the
following high, but just terms of eulogy. " His patriotism and
eminent services endeared him to every friend of America ;
and his fame has spread through the civflized world. His
integrity and his purity of manners, his respect for the institu
tions of religion, and his zeal for the public welfare, made him
equafly conspicuous, and ought to be imitated by the citizens
ofthe United Slates. Let us cherish the remembrance of his
modest worth, and form ourselves after the example of his
private and public virtues ; and we shall be safe and happy,
and shall inherit fhe land forever."
The character of Governor Strong, both as a raan and a
politician, raay be justly perceived, so far as his opinions would
portray it, (and his life and practice were entirely in unison
with his professions) by the following declarations in his first
public speech to the legislature ; for, in sincerity, probity and
moral purity, be resembled General Washington, whose high
and excellent qualities be so fully appreciated. " As virtue
and submission to the laws are essential In a republic, and
forra the only sure basis of its prosperity, these qualities must
in a pecuhar raanner be requisite in those appointed to office
in a free government. A man who is not under the influence
* His death was in December, 1799.

HISTORY OF MASSACHUSETTS. 363
of moral principles can have no just claims to the public con
fidence. * * * There is no opinion more prevalent in
civflized nations than that religious principles are essential to
morality, and the principal support of lawful government ; and
that the obligation of piety is imposed on man by his nature.
If opposite opinions are patronised, and revealed religion, in
particular, is represented as unfriendly to individual or social
happiness, it becomes those who believe the truth of Christian
ity, to endeavor to prevent the progress of infidelity, by every
mild and prudent method ; by promoting institutions for the
general diffusion of knowledge, by excluding vicious and
profligate persons from the employment of instructing youth,
by supporting teachers of piety, religion and morality ; and
by manifesting, in their own conduct, the genuine effects of
the religion, which they regard as the purest source of human
felicity." In 1801, Governor Strong was re-elected for the place of
chief magistrate, by a larger vole than he received the year
before ; and Mr. Gerry was again the candidate of the anti-
federal or democratic party. The political parties had not
materially changed in Massachusetts, though in the whole
United States, the anti-federalists had become the majority ;
and Mr. Jefferson was elected president, in opposition to Mr.
Adams, then the incumbent and the federal candidate. Mr.
Jefferson had been vice-president wifh Mr. Adams ; and was
secretary of state under Pesident Washington. He had been
long considered the head of the anti-federal or democratic
party through the country. When the constitution was formed,
he objected to it, as monarchy in disguise ; and he was
believed to be opposed to the policy pursued, during the ad
ministration, of his predecessors. His professions were in
favor of reform and of economy, as to public expenditures,
and of making the wifl of the people a more general guide.
He was disposed to apologize for the injustice and depreda
tions ofthe French, and inclined to exaggerate the misconduct
of the British. His views respecting commerce were such,
as to render him more unpopular in Massachusetts, than even
his abstract political sentiments, or his supposed partiality for
France. Many of the most intefligent citizens were ready to
predict great evils from his administration. But Governor
Strong, in his public speech to the general court, spoke of
Mr. Jefferson in a very candid and concifiating manner. It
was not his disposition to criminate those who differed from
him ; nor to excite party feeling among the people by ad
dressing their prejudices and passions. " Although, (he said)

364 HISTORY OF MASSACHUSETTS.
in the choice of a president of the United States, the result
has not corresponded whh the wishes of many citizens of the
comraonwealth, yet they will reflect, that, in republics, the
opinion of the majority must prevafl, and that obedience to
the laws and respect for constitutional authority are essential
to the character of good citizens. We are encouraged to
expect that the chief magistrate of the nation wfll not depart
from the essential principles of the constitution ; and so long
as his administration shall be guided by those principles, he
wfll be entitied to the confidence of the people ; and their
interests require that he should possess it. But if it shall
appear hereafter, that their anticipations are not realized, a
sense of decorum and a regard to justice and the public wel-^
fare should exclude asperity and false coloring, frora all dis
cussions of public measures. For the morals and liberties of
the people will be in danger, if the press should be prostituted
fo faction and falsehood." This is the language of a virtuous
and enlightened statesman ; and such a spirh in rulers and men
of influence, in times of party excitement, would certainly
prevent much evil and mischief in a republican government.
In 1802, the general court voted to bufld a state prison ;
which was afterward erected in Charlestown ; confinement to
hard labor had before been provided, on Castie Island, instead
of public whipping, and sitting in the pillory. The design of
a state prison was both for punishment and reform. The
plan was to confine convicts to hard labor, and at the
sarae tirae provide moral discipline and religious instruction ;
in the hope, that while society was rendered safe from the
depredations of evil men, some, not sadly depraved and
hardened, might reform, and be sent back into the community
with good principles and habits of industry. The criminal
law was altered as to some cases; burglary, which had been
punishable with death, was made a capital offence only, when
the person charged, was armed with a deadly weapon, or
gave evidence of an Intention to commit murder, as well as to
rob and plunder. The results of the establishment were not
immediately so favorable as had been expected ; fhe expense
ofthe building and the support of officers, for several years,
was also very great ; and the public was not fully satisfied
with the plan. But the friends of the penitentiary system
were unwflling to abandon it ; for fhey contended that the
experiment at first was necessarily expensive ; and they also
insisted that the trial had not been fairly raade, as to the pro
bable and expected benefits tothe criminals ; since the building
was not sufficientiy large to keep the convicts separate by

HISTORY OF MASSACHUSETTS. 365
night, which was an essential part of the penitentiary system.
The number of convicts was so great that often six and eight
were lodged in one room for fhe night ; which was a great
defect, and must forever prevent the good effects of confine
ments, so far as the reformation of the prisoners was concerned*
At a subsequent period, a remedy was provided for this evil,
by providing an additional nuraber of rooras, so as to have
only one person in a cell during fhe night ; and when at labor
through the day fhey were attended by a guard to prevent all
conversation among the prisoners.

45

CHAPTER XXXII.

Governor Strong continued in office several years — Mr. Jefferson President
— His Policy and Measures — Political Opinions and Parties — Finances of
the slate — Public Debt — Electors of President and Vice President — Gov
ernor Sullivan — His Character and Opinions — Political Parties — Policy
of General Government — Non-intercourse and Embargo — Letter of Mr.
Pickering — Complaints of the Embargo — Additional Act, affecting the
Coasting Trade.
Governor Strong was re-elected in 1802, and continued fo
receive the suffrages of the majority of his fellow-citizens till
1807. The spirit of party rather increased than abated, during
this period. The policy of the federal adrainistration, under
President Jefferson, was not deemed favorable to commerce,
and was therefore warmly opposed in the New England States.
In the southern and western parts of the union, his measures
were more acceptable. War was continued between the two
great maritime powers of Europe, France and England ; and in
their efforts to annoy and distress each other, they both, at
times, disregarded neutral rights, and inflicted great injuries on
the coraraerce of the United States. President Adams had
been charged by the democratic party with unfriendly feelings
towards the French rulers, and with loo much partiality for
Great Britain. And Mr. Jefferson and his cabinet were charged
by fhe federalists, with unjust antipathies against the government
of England, and with undue regard for France. This was the
more Unaccountable, as the French rulers had become very
arbitrary ; and republicanism in that nation was merely nominal.
The charges, in both cases, might have been only proof of
prejudice and parly spirit in those who preferred them. But
they were believed by the respective parties to be well founded
in a degree ; and therefore were the causes of the party feel
ings which prevailed. The people look a deep interest in the
measures of the general government, at this period, and ex-

history of MASSACHUSETTS. 367
pressed their opinions, not only with frankness, but often with
unbecoming asperity; and, probably, their opinions were, in
sorae degree, dictated by their individual interests. The mer
chants suffered more imraediately than the land holders, and
therefore complained the more loudly. And though all foreign
concerns were in the hands of the general government, fhe
members of state legislatures considered that they had the
right to discuss the policy of the federal administration. In
Massachusetts, fhe general court repeatedly passed resolutions
disapproving the measures of congress, and the policy of Pres
ident Jefferson ; and complaining, that more decisive and ener
getic measures were not adopted to resist the maritime aggres
sions of France. Governor Strong, while he faithfully discharg-.
ed his duty to the state, abstained from all severity of remark
on the general government, and appeared studiously to avoid
afl appeals to the passions of the people, which might tend to
undue party excitement. This was a commendable trait in
his character. He was resolved fo discharge his own high
duties, and to leave to the rulers of fhe federal governraent the
responsibility which justly belonged to thera. He had a set
tled opinion, also, that all foreign affairs belonged exclusively
to congress. The political party in favor of President Jeffer
son's raeasures, however, increased in Massachusetts, during
1804, '05, and '06; and in 1807, James Sullivan, the attorney
general, and who had before been a candidate, in opposition to
Mr. Strong, was elected governor. In 1806, indeed Governor
Strong was chosen by a small raajority ; nor was his election
admitted and declared (the general court being anti-federal)
tfll ten or eleven days after the court had convened. Various
difficulties were made, by his opponents, lo his election, found
ed in the oraission of a letter in his name, in some of the returns,
and of the informality of others, compared to the strict letter of
the law.
While Governor Strong was in the chair, the internal con
cerns of the commonwealth were faithfully "attended to; the
finances of the state were prudently and ably managed; and a
large part ofthe public debt was paid. In ISOl, this amount
ed to a large sum ; for congress did not assume the whole debt
incurred by the several slates during the war ofthe revolution;
and for this reason Massachusetts was indebted in a large amount
for moneys borrowed in and soon after the war, to meet the
current expenses necessary to support its credit, and fo discharge
deraands against it. The state lax, in 1803, was ,f 143,000,
which was appropriated for the ordinary expenses of govern
ment, and the payment of interest on the remaining debt of the

368 HISTORY OF MASSACHUSETTS.
commonwealth. The pay ofthe representatives, for that year,
was only $20,000.
"For the first tirae, in Massachusetts, fhe electors of president
and vice president of the United Stales, were chosen in 1804,
by a general ticket. In 1800, they were appointed by fhe
legislature ; which was considered improper by a large portion
of the people. On three previous occasions fhey had been
elected by the people, in districts, though not in exact con
formity to the districts for choosing members of congress. All
these various modes of appointing or choosing the electors had
been adopted in different states ; and had not been opposed as
unconstitutional, though it was contended, that the fairest and
most republican mode was for fhe people themselves to vote,
and that in separate districts, as numerous as the number of
electors. The constitution had prescribed no particular man
ner of choosing thera, farther than by saying, that they should
be appointed in each stale, as the legislature thereof should
provide. Either mode, therefore, was constitutional ; whether
by the people, in districts ; by a general ticket, when every
¦citizen might vote for the whole ; or by the legislature.
The spirit of the constitution is that each state should have
a voice in the election of president, according to its number of
representatives and senators. But this principle is controlled
or qualified by another provision ; that, in case no one is cho
sen president by the vote of fhe electors, each state shall have
a single vole in congress, to be made according to the majority
of its representatives. Ultimately, therefore, the object of the
constilution seems to be, that every state should have a vote, or the
declaration of its will, in the election of president. And this is
done most simply and effectually, certainly most agreeably to
republican principles, by a general ticket, or by the legislature;
for in that case the vote would be for one and the same person ;
and it would be an expression ofthe will ofthe majority of the
¦state. But if a state is divided into several districts, the vote
of the state may be divided also. The measure of a general
ticket, as it had not before been adopted in Massachusetts, was
considered to be dictated for party purposes. It was peculiarly
a measure of fhe federal party ; which was then the dominant
party in the general court ; and their opponents complained
loudly against it, and raade every effort to defeat its success.
The deraocratic party triumphed, much to the disappointment
and raortification of the federalists, who bad proposed and
urged it. Such is frequentiy the result of party projects. The
moderate men of afl parties wifl give their influence and vote
in favor of what appears just and proper, rather than to support

HISTORY OF MASSACHUSETTS. 369
the plans of those with whom they have usually acted, when
they find them adopting particular measures, merely to secure
their object. Honest and Independent men never sanction the
maxim, that fhe end justifies the means ; or that afl is fair in
politics, which is attended with success.
Governor Sullivan had been long in public life. In the be
ginning of fhe revolution, he was decided and active in sup
port of the liberties of the country. He was a useful member
of the provincial congress of Massachusetts, in 1775; and in
1776, was appointed a justice of the highest judicial tribunal
in fhe stale. After a short period, he resigned that office,
and was made attorney general. The federal party opposed
Mr. Sullivan, because fhey preferred Governor Strong, who
had their entire confidence, and because he approved gener
ally of the policy of Mr. Jefferson. The writings in the
public papers, relating to the candidates for governor, were
uncoramonly bitter and virulent. Moderate and candid men
of both the great political parties regretted the temper which
was raanifested. Governor Strong was represented as an
«nemy to liberty ; and Mr. Suflivan as opposed lo order and
virtue, and destitute of moral principle. No circurastances
could justify such asperity and vituperation. Much was ex
aggerated, and much was charged, wholly unfounded. Mr.
Sullivan administered the governraent with ability and impar
tiality. Sorae of the party who brought him into the chair,
urged hira to acts of Intolerance and proscription. But he
declared, "he would act as the governor ofthe state, and not
as the head of a party." And by his iraparfiallty and candor,
he gave offence to some of his political friends, who expected
office frora hira, as the reward of their services, on his eleva
tion to fhe chair.
Governor Sullivan was equally the friend of education and
of religious institutions, as his virtuous predecessors. They
had all given their decided support fo the means of religion
in the state, and had recomraended common schools for the
instruction of children of every grade and condition, as essen
tial to the peace of society and the preservation of a free gov
ernraent. Governors Hancock, Bowdoin, Adaras, Sumner,
and Strong, were exemplary professors of religion, and zealous
advocates for providing means of education for all the rising
generation. Mr. Sullivan was no less the consistent and uni
form friend lo these institutions. But it was his lot to fill tlie
chair ofthe commonwealth, when party feelings weregreatiy
exasperated, by long pohtical disputes, and when the adminis
tration of the general government had adopted a policy very

370 HISTORY OF MASSACHUSETTS.
obnoxious to a great portion of the citizens. No man of the
democratic party, perhaps, would have been less exception i-
ble than Governor Sullivan was. Perhaps, no federal gov
ernor would have been exposed to less censure in 1807 a^id
1808. On most occasions, he conducted with prudence aud
moderation ; and on none, did he attempt to influence the
passions of political parties.
For the first time after the federal governraent was estab
lished, all branches of the government in Massachusetts, in
1807, were democratic or anti-federal. In 1806, the majorities
in the two houses were democratic, but the governor was not.
This was probably considered by President Jefferson as a proof
that his measures were approved by the greater portion ofthe
citizens of Massachusetts : and it served lo confirm him in the
policy which he had adopted, with regard lo foreign nations.
The system of non-intercourse with England and France was
continued, against the interests and the wishes of the merchants.
Mr. Jefferson had adopted this policy, under the difficulties
which took place between the United Stales and France and
England. The conduct of the French rulers, particularly,
was so hostile and injurious, that many believed that firm and
decisive measures were necessary towards that government.
But Mr. Jefferson was of opinion, that the policy was to retire
from the ocean, and to have no commercial intercourse with
either of those countries. By his recommendation, congress
passed a law prohibiting the importation of British goods,
and other comraercial dealings both with England and France.
The suspension of trade with England was alike injurious to
that country and to the United States ; but the trade with
France was comparatively small, and restrictions, as to that
nation were not so injurious.
Near the close of 1807, the general governraent passed an
embargo act, as a part of the system of non-intercourse, and the
policy of Mr. Jefferson, in preference fo war. This was more
severely condemned than the former acts of a similar character;
for it put an end to all commercial enterprise, and the mer
chants' vessels were wholly useless. There were also circum
stances connected with the embargo act, which tended to render
it peculiarly obnoxious. It was unlimited, as to its duration;
and other embargo acts had always been for a definite period;
for two, three, or six months. It was a still greater objection
fo the measure, as there was reason lo believe it was adopted
through the secret influence of the French government. It
was the policy of the French rulers to get up a war between
England and the United States; and if that could not be effect-
fid, lo prevent afl commercial intercourse between fhe two coun-

HISTORY OF MASSACHUSETTS. 371
tries; and thus inflict a blow on the maritime power and pros
perity of Great Britain. The information received from the
American envoy in France, so far as raade known, served to
confirm such an opinion. The people generally were indignant
in the belief that the French rulers should have such influence
over the federal administration ; and without fufl proof that
such was the fact, condemned Mr. Jefferson for recommending
the embargo. In the eastern slates, especially in Massachu
setts, this measure deprived the administration of many sup
porters. A great majority of fhe representatives in congress,
strenuously opposed the act. One of the senators of Massa
chusetts, Timothy Pickering, was very active in opposition to
it ; but John Q. Adams, fhe other senator, voted in favor of it.
Mr. Pickering considered It his duly to give formal notice of
the measure to the legislature, for he knew it would produce a
great sensation in Massachusetts. His letter was addressed to
Governor Suflivan, lo be by hira communicated to fhe general
court. The governor did not communicate it for some time,
and was severely censured for retaining it. When it was raade
known fo the legislature, and published, it was the occasion of
much excitement; and served to strengthen the apprehensions
of the people, that it was owing to an undue partiality for
France, in Mr. Jefferson, that the measure of an embargo had
been adopted. The prosperity ofthe United States was raore
affected by it, than that of England ; and it was also considered
to be an insidious measure: for, if Great Britain was fo be
treated in a hostile manner, it would be more wise and honora
ble to demand redress ; and if not obtained, to resort fo open
warfare, rather than use such equivocal means of annoyance, at
the desire of France, the inveterate enemy of England.
During the year 1807, the legislature of Vermont passed a
resolve, proposing an alteratlpn of the constitution of the United
States, so that the president might remove a justice of the
federal courts, on an address of the majority of congress, with
out impeachment. The proposition was laid before fhe gen
eral court of Massachusetts, and it was approved in the house
of representatives by a vote of ninety-two to forty-four. Such
a vote would not have passed in 1808, and probably not in
1806. It was a measure of President Jefferson hiraself ; for
he was never in favor of the real independence of the judges. .
He contended that they should depend on the will of fhe peo
ple for continuance in office ; which would in effect be to render
them dependent on the executive, who would claim to be con
sidered fhe organ ofthe popular will.
Governor Sullivan was re-elected in 1808; but the majority

372 HISTORY OF MASSACHUSETTS.
of the legislature was federal. The gentiemen chosen for his
councfl were of that party ; and yet there was great harmony
between thera and the chief magistrate. Mr. Sullivan observed
to a friend, that he had less controversy with his council in
1808, than with that of 1807, which was composed of the
democratic party. They had urged him to make removals
from office, on account of political opinions, and demanded it
of hira, as due to the party; but he did not yield to their
solicitations. The policy of the federal governraent, which led to an em
bargo in 1807, dictated other measures very injurious to the
trade and navigation of the country, under the pretence, that
the act laying the embargo was occasionally violated. The
transportation of flour and grain from the southern states to the
northern and eastern ports was interdicted. And when this
was found to be very injurious, the president proposed fo grant
license to such individuals, to transport flour, for the necessary
consumption of the people, as Governor Suflivan should select
or designate. Great complaints were made against this measure,
as partial and unjust. A petition was preferred to congress,
at this time, for liberty to send fish fo foreign markets as had
formerly been done, and when there were large quantities on
hand, exposed to decay in a short time ; but the request was
not granted, nor was any sympathy expressed for the petition
ers. The federal party complained loudly of this policy and
these measures, and said they were extremely injurious to the
citizens of the United States, but productive of little or no evil
to England, which it was Intended should suffer by them.
The democratic party insisted, that such evils were less than
the calamities of war would be ; assuming, that war was the
only alternative ; and that there might be " reasons of state "
for the policy pursued, of which the people could not judge,
and of which they could not justly be informed. On this
occasion, the party and the individuals, who had urged to im
mediate resentment of aggressions from a foreign nation, in the
time of Washington and Adaras, and who had protested against
all secrets in politics in a republican government, when Wash
ington gave instructions to Mr. Jay, which he chose not to
publish, were explicit and forward in their apologies for the
measures of Mr. Jefferson. They said, " forbearance was most
wise and politic, and that he might have reasons sufficient for
recommending an embargo, and other commercial restrictions,
though he had communicated none to the people, and but par
tially to the members of congress, who were to approve and
sanction his recommendation by law."

HISTORY OF MASSACHUSETTS. 373
The democratic party lost influence and friends, in 1807, by
the change made in the office of treasurer of fhe common
wealth. Jonathan Jackson, a citizen of eminent abilities, and
of great moral worth, who had also rendered important services
to the public, was removed from the treasury department; and
a person, recomraended chiefly for his deraocratic opinions, was
appointed in his room. In the course of the year he became
a public defaulter, fo a large amount. His speculations, and
his readiness to accomraodate pohtical friends, were the causes
of his erabarrassmenls. His sureties were numerous, but few
of them were men of property. The deficiency ofthe treasury,
from his improper management, amounted to $78,000: and
the state eventually lost a large sura, through default of his
bondsraen. Governor Suflivan died in December, 1808; and Lieutenant
Governor Lincoln succeeded to fhe chair, for the remainder of
the political year. He was less tolerant in his political creed
than Governor Sullivan had been : and in his public address to
the general court, in January, 1809, he condemned the meet
ings of the people, which had been recently held to remonstrate
against the embargo as improper, as manifesting a spirit hostfle
fo fhe government. Individuals might have made declarations,
under their sufferings, which could not be justified ; and there
were, at that period, some indiscreet and rash speeches respect
ing the policy ofthe general government; but when the peo
ple considered themselves oppressed, or believed their rulers
to be arbitrary, they had always spoken boldly and protested
against obnoxious measures. In free governments this has
always been the case ; and probably always wifl be, whoever are
the rulers, and whatever the party that feels aggrieved.

46

CHAPTER XXXIII.

New Embargo Act — Very obnoxious — Gov. Gore — His character — Charge
against Federal Leaders as friends of England — Mr. Gerry chosen Gover
nor — His political character and views — Measures of the Democratic ad
ministration — Political intolerance and proscription in 1811 — Party spirit
increases —The Governor denounces Federalists as enemies to the country ;
and directs an examination of Newspapers for libels — ^Complains of
the Opinions ofthe Judicial Court.
In January, 1809, more than twelve months after the em
bargo was laid, an act was passed by congress to enforce it,
from a belief that there had been some evasions of the original
law. Restrictions were laid on coasting vessels, which were
oppressive and expensive, and the people became still more
discontented. Having no hope of redress from congress, they
applied to fhe general court; and the following resolutions
were adopted on the occasion : " That the act of congress, for
enforcing the embargo law, is, in many respects, unjust, oppres
sive, and unconstitutional, and not legally binding on the peo
ple ; but to secure certain and permanent relief, it is earnestly
recomraended fo those aggrieved by the operation of this act,
to abstain from forcible resistance, and to apply for remedy in
a peaceable manner, to the laws of the commonwealth : — That a
remonstrance be prepared and forwarded to congress, expressing
the opinions and feelings of the people, and urging the repeal
of said act : — That the legislature will cooperate with any of
fhe other states, in all legal and constitutional measures, for
procuring such araendraents to the federal constitution as shafl
be necessary fo obtain protection for coraraerce, and to give to
the comraercial states their fair and just consideration in the
general government, and for affording permanent security, as
well as present refief, frora the oppressive measures under
which they now suffer."
A charge was made, at this time, as well as afterwards, in
1811 or 1812, that some of the federal party in Massachusetts

HISTORY OF MASSACHUSETTS. 375
were plotting against the peace and union of fhe states, and
held secret correspondence wllh British agents, for such a pur
pose. But the charge was as vague as it was unfounded. It
was got up, no doubt, for party objects, and in unguarded
moments of heated party criminations. When, afterwards, an
inquiry was made, both by the state and federal government,
no evidence was produced sufficient to raise a suspicion in the
mind of any impartial raan, that the charge was well founded.
The senate of Massachusetts, when the majority was demo
cratic, expressed an opinion entirely exonerating the persons
referred to in the idle party charges of the day; and Mr.
Madison, president ofthe United States, when the charge was
made to him afterwards, by a foreigner, who was no doubt
prompted to raake it, from a hope of pecuniary reward, de
clared that no persons had been named, and that no evidence
had been furnished, that any persons in the United States had
entered into or countenanced any project of the British for
destroying the union, or otherwise inimical to the United
Slates. Christopher Gore was chosen governor, in 1809 ; a raan of
eminent talents, and of great political knowledge. He ranked
high, also, as a gentleman of honorable feelings and correct
moral principles. Mr. Gore was educated for the law, and
was eminent in the profession. Few were raore powerful In
arguraent, or more eloquent in debate. He was appointed by
Washington, the first federal attorney for Massachusetts; had
been eraployed by governraent as an agent in England, and was
several years a very distinguished member of fhe general court.
During the year 1809, several companies were forraed, in
the interior of the comi-nonwealth, for the manufacture of
woollen cloths. The business had been prosecuted for a few
years, previously, by sorae enterprising individuals in the west
ern counties. Woollen cloths had been manufactured, fo some
extent, from the eariy settlement of Massachusetts; but it was
in separate famflies, and for fhe use only of those who made it.
Many families, before this period, manufactured sufficient for
their own consumption; but it was of an ordinary kind; and
those, who had raeans to purchase better, wore that which was
imported. The coarse cloths used by seamen, were also
brought frora England ; or the manufacture in the state was
not adequate lo the necessities ofthe whole population. Dur
ing the war ofthe revolution, a good deal of labor was bestow
ed on fhe raanufaclure of woollens ; but after the peace, there
were immense importations from England. It was, therefore,
a laudable plan, to extend this kind of manufacture. Several

376 HISTORY OF MASSACHUSETTS.
years elapsed, however, before the government gave it direct
and proper encouragement. Stifl sorae persons had objections
to large raanufacturing establishments, and others doubted the
justice of giving particular encouragement, by the government,
to one branch of business more than to another.
The government of the state was administered with great
impartiality by Mr. Gore, and his official acts were fully ap
proved, except that the democratic party were opposed to his
political views on the leading raeasures of the general govern
ment. He was charged with no intolerance towards fhe party
opposed to bim. Yet this magnanimous conduct on his part
failed to secure the support of those who had opposed his election.
Some change of raeasures in the general government gave
strength to the ranks of his opponents. The embargo law was
repealed during the year 1809: for it had become extremely
oppressive to those engaged In commercial pursuits, and it was
found to have littie effect in bringing either England or France
to relax in their claims, or to cease their depredations on the
commerce of the United States. The complaints ofthe peo
ple increased, and it was difficult to prevent acts offeree in re
sisting the provisions of the laws. Yielding to the general
dissatisfaction, the federal adrainistration repealed the acts lay
ing the erabargo of Deceraber, 1807 ; and when the imraediate
cause of their sufferings were reraoved, a portion of the people
who had complained of that measure before it was repealed,
gave their support to the friends of fhe general government.
At the election of slate officers, in 1810, Mr. Gerry had fhe
majority of votes for governor, and succeeded Mr. Gore as chief
magistrate. This was a severe disappointment to the federal
party, which supported Mr. Gore ; and matter of trluraph to
the political friends of Mr. Gerry.
On several forraer occasions, Mr. Gerry had been the demo
cratic candidate for the office of governor. He had been many
years in public life, and was an efficient advocate for the liber
ty and independence of the country, from the period of 1775.
He was a delegate from Massachusetts to the continental con
gress, in 1776, and subscribed the memorable declaration of
independence in that year. He was also a member of the
continental convention which framed the constilution of 1787 ;
but did not entirely approve ofit. He considered its tendency
would be to a consolidated or national government, to the inju
rious diminution ofthe rights and power ofthe separate states.
For several years, he was a meraber of congress, and faithfully
supported the interests of the commercial states. In 1799, he
was appointed an envoy to the court of France, by President

HISTORY OF MASSACHUSETTS. 377
Adams, with Judge Marshall, of Virginia, and General Plnck-
ney, of South Carolina. His conduct, on that occasion, de
prived him of the good opinion of the federal party ; and it was
generally admitted, that he was not sufficiently decided in his
diplomatic intercourse with the French ministers., The defect
in the character of Governor Gerry, as a politician, was want of
firmness and decision. The charge made against him was,
that he changed his views by the adroit management of the
agentsof France ; or that he was vain enough to suppose he
could negotiate alone after his colleagues had become convinced
that no treaty could be raade, consistent with the interests and
honor of the United States.
When Mr. Gerry was chosen governor he probably intended,
as Governor Sullivan had done, to pursue an irapartial course.
But those who brought hira into the chair urged him on to
party measures, and he yielded at last lo their entreaties or
their threats. Both branches of the legislature, in 1810 and
1811, the two years Mr. Gerry was governor, were democrat
ic; and by joining with the majorities of the two houses, he
assisted in carrying info effect several measures, merely for
party purposes. The first year, indeed, littie was done with
this view, which was very grossly intolerant. But his public
speech, on his re-election, in 1811, fully indicated a disposition
to proscribe all those who did not approve and applaud fhe
policy ofthe general government, and support the measures of
the democratic leaders in the state. He not only expressed
his entire approbation of fhe conduct of President Madison and
his cabinet, which was considered equally unfavorable to com
merce as that of Mr. Jefferson had been ; but he censured, with
no little asperity, all opposition to the course of the general
government, whether resolves passed at public meetings, or by
writings in the newspapers. He denounced afl disagreement
wifh the acts of congress, or raeasures of adrainistration, as a
great impropriety, and as tending even to the subversion ofthe
governraent. The opinions he expressed were entirely in
accordance with those of the governors under the kings of
England, who always pronounced mere opposition in opinion as
of dangerous tendency. But such sentiraents were seldom de
clared by the chief magistrate of a state, except, in a much
later period, when the Interested supporters of the conduct of
adrainistration led them to denounce all such to be enemies of
the government, as dared lo point out and remonstrate against
the exercise of arbitrary power.
To give full effect to the system proposed, the laws were
altered, in several instances, so as to give fhe appointment for

378 HISTORY OF MASSACHUSETTS.
office to the governor and his councfl, which before was in
Other hands. A law was made, giving appointraenls of the
clerks of the judicial courts to the governor, which had' former
ly been the privilege and right of the judges. And the courts
of coraraon pleas were organized anew ; which gave opportu
nity for the appointment of the political friends of the dominant
party. In some instances, the veteran patriots of the revolu
tion, who had been among the most faithful friends of the coun
try, in the severest trials, were removed from office, to give
room for the zealous professors of democracy. And in many
cases, faithful and able ofiicers were dismissed, that those dis
tinguished only for party zeal and devotion might be rewarded.
The spirit of party in the state and through the union con
tinued with increasing asperity. The public papers were fifled
with criminatiohs and recriminations ; and there was little pros
pect of soothing the exasperated feelings of the people. The
friends of the general government denounced all who dared
complain of its policy ; and the federal party censured the
natibnal administration in unmeasured terms, as so devoted to
France, as to compromit the welfare and honor of the United
States. Governor Gerry suffered hiraself to be carried away
by the feelings and prejudices of his party, instead of exerting
his official influence to allay the public excitement, as his pre
decessors had done. In his speech to the general court, in Jan
uary, 1812, he denounced the federalists, as anti-republican in
their principles, and as preferring the monarchy of England to
the government of America. His expressions were as harsh
as they were undignified. Although there was no proof or
appearance of proof, that such a charge was true, it must be
supposed, in charity, that some dark surmises had been suggest
ed, or plausible representations made, which led him lo fear,
that the federal leaders were plotting against the peace of the
republic. "Are we not called upon to decide (said he)
whether we will commit the liberty and independence of our
selves and posterity to the fidelity and protection of a national
administration, at the head of which is a Madison, supported
by an executive department, a senate, and house of represent
atives, abounding with meritorious patriots; or fo a Brifish
administration, the disciples of Bute, who wished to enslave
these states, and to American loyalists, who cooperated with
that government to bind us in chains ? "
A motion was raade in fhe house of representatives for a
coinmittee to inquire what evidence there was of a Brifish par
ty in Massachusetts. The motion was opposed by the polifi-
al friends ofthe governor ; and no committee was raised, and

HISTORY OF MASSACHUSETTS. 379
no inquiry made on the subject. It better served the purposes
of those who made the accusation, to deal in vague charges and
suggestions, to excite the prejudices of the people, than to have
real facts disclosed, and unjust insinuations disproved, which
might allay the popular excitement.
Soon after, the governor directed the attorney general lo
examine the newspapers published in Boston, and report to
him the number of libellous publications which they contained.
The attorney general reported two hundred and fifty-two, the
greater part of which were in a small obscure paper ; but fifty-
were in the Centinel, thirty-eight in the Gazette, thirty-seven
in the Repertory, and eight in the Chronicle. The indepen
dent editor of the Centinel publicly called on fhe attorney gen
eral to detect a single libellous expression in his paper, unless
the truth were a libel. The governor seemed to be much
excited at this time, by the independent raanner in which the
people inquired Into the conduct of pubfic agents, and by tho
fearlessness with which they censured measures calculated lo
check the prosperity, and to hazard the peace of the country.
He mistook the character ofthe people. They were fully sen
sible of their right to discuss the measures of governraent ; and
knew their duly too well to omit bearing testimony against
misguided councfls. In his severe denunciations against popu
lar meetings, and a free declarations of opinion, Mr. Gerry lost
the support of moderate men, though he might quicken the
zeal of his partisan adherents. And he exposed hiraself to
still greater censure, by interfering with the judicial departraent.
In November preceding. Justice Parker, of the supreme court,
stated to the jury what constituted a libel, as several pieces
had then recently appeared in the public papers, which were
said to be libellous. The remarks of the learned judge were
not agreeable to the governor, and he sent for a copy. In
reply, the judge expressed his belief that he was not responsi
ble to the governor for his opinions or conduct, and that the
judicial department was wholly independent of the executive.
He directed fhe original speech delivered before the grand
jury, however, to be forwarded to the governor ; conscious it
contained no sentiments or remarks which were not legally
correct. The conduct of the governor, on this occasion, was
generally pronounced highly improper. The executive has no
constitutional right to control or direct the judiciary. Another
mode was pointed out, for investigating the condnct of a judge.
The governor discovered a disposition to interfere both with
the prerogatives of the judge and of tiie jury. He complained
of libellous publications, and set the attorney general on the

380 HISTORY OF MASSACHUSETTS.
search after them. The judge gave an opinion, fairly and
independentiy, as if he knew of no excitement, and no party ;
and the jury found no indictments. And the charge was still
made, that the judge and the jurors were under the influence
of party feelings. The sober citizens thought this a hbel.
In other circumstances, this conduct would have been most
decidedly condemned. For the governor of a state, or the
president of the United States, to interfere with the opinions
or decisions of the judges, especially on questions relating lo
political measures, or their own official conduct, would be consid
ered very improper, by all disinterested men. On an occasion
of more recent date, when it was conjectured that the president
ofthe United States attempted to interfere with the decision
of the judges of the federal court, the people were alarmed at
such conduct, as irregular and dangerous, and indignant at
the arbitrary temper it manifested. A few days before the
general court closed their winter session of 1812, Governor
Gerry sent a message to them, on fhe subject of libels;* and
while it was under consideration, a member of fhe senate of
the federal party, offered the resolution foflowing : — " That
the governor, in denouncing various publications in the Boston
papers as libels, after a grand jury on examination of thera
had refused to prefer indictments, manifests an alarming dis
position to usurp the power belonging to the judiciary depart
ment, fending to criminate and injure the reputation of indi
viduals, without affording them an apportunify for defence ;
and the employing of law officers ofthe comraonwealth, in
exaraining files of newspapers, for the purpose of coflecting
and divesting such publications, with a view of presenting
thera fo the legislature, instead of a grand jury, is a departure
frora his constitutional province and an infringement on private
rights." In support ofthe resolution, it was said, " that the
* In this message, the governor insisted that the court and the grand
jury were partial ; and that the judge in his exposition ofthe law was mis
taken. He referred to the common law of England on libels, and con
tended that it was in force in this country ; and that it was not to be in
quired whether the libels (as he called them) in the papers were true, or
not; and that it was enough to prove them libellous, that they were in
tended to render the persons or party alluded to, unpopular and obnoxious.
It was the more remarkable, that Governor Gerry, as the advocate of the
democratic party, should advance this doctrine of the common law on
libels, when that party had made great objections to the sedition law of
congress, in 1798, though it expressly provided thatthe truth might be given
in evidence, as a justification. Judge Parsons, before this, had made a
distinction between a publication against a private person, and a candidate
for public office, or one in office ; " that what would be a libel in the former
case would not be in the latter, because the truth ought to be known of a
public officer, or candidate for office, for the good of the people, and the
preservation of liberty,"

HISTORY OF MASSACHUSETTS. 381
message of the governor was most extraordinary and alarming ;
striking at the fundamental principles of the constitution and
of civfl liberty ; tending, if suffered to pass into a precedent,
to break down the barriers enacted by the constilution for the
safety of the people, and to destroy all personal fiberty and
security ; that if the governor could thus put at defiance the
privfleges of trial by jury, and with his law officers dependent
on himself, set in judgment on the printers, conderan them
unheard, and proclaim their conderanation to the world, after
the grand jury had refused fo find bflls against them, no class
of citizens were safe, and all would be liable to the same ex
ercise of power."
The dissatisfaction with measures of the general govern
ment, as they were deemed highly unfavorable to com
merce, and indicative of a disposition in the adrainistration to
have a war with England, increased in Massachusetts, at this
period ; and as governor Gerry advocated those measures, he
lost the support of some moderate men of his political party.
The policy of Mr. Jefferson, in attempting to injure Great
Britain by suspending commercial intercourse with that coun
try, was pursued by President Madison. The people of
Massachusetts had long complained of such a course, as more
injurious to the United States than to England. And when
the conduct of Mr. Madison and his cabinet indicated war
with that nation, the people became stfll more alarmed and
more ready to complain. A war, it was said, would be highly
injurious to America ; and it was not supposed necessary for
the interest or honor of the government. The difficulties
between the two nations, many contended, could be equitably
adjusted by negotiation.

47

CHAPTER XXXIV

Governor Strong, 1812 — His political opinions — Political character of the
house — Bitterness of party feelings — Memorial against war — Governor's
Speech — War declared against England — Call for the Militia — Objections
to war— And to ordering out the militia — General order ofthe Governor,
for the militia to be in readiness to repel invasion — Extra session of
general court — The Governor's statement.
At the election in Aprfl, 1812, by great efforts on the part
of the federalists, who then advocated peace, and the free
pursuits of coraraerce, Caleb Strong was chosen governor, in
opposition to Mr. Gerry, who had been in office two years,
and had the support of fhe democratic party. The elections
for the governor and members of the general court called forth
uncommon exertions. Mr. Strong was elected by a very
small majority of votes ; but the majority of representatives
was also federal, and was then distinguished as the peace
party.* The public mind was greatly excited, and the spirit
of political parties manifested itself with more than common
bitterness. It was now five years since Governor Strong occupied the
chair of state ; and during this period he had kept entirely
aloof from party politics. In his address to the general court,
on this occasion, as at a former time, when there were severe
disputes between the parties, he aimed rather to allay, than to
excite political controversy. Yet he administered mfld re
buke, by implication, in the following paragraphs, to those
who were ready to use the power of office, rather to reward
political friends, than for the public good. " Our constitution
* At the beginning of the session in May, 1812, before the declaration of
hostilities by congress, but when it was heard the dominant party in that
body were disposed to war, the representatives sent a memorial remonstra
ting against it, and pr-aying that peace might be preserved. The votes were
406 for the memorial, and 240 against it.

HISTORY OF MASSACHUSETTS. 383
forbids any exclusive pretensions to the honors of the state.
Every class of men are entitied to partake of the same advan
tages, and have an equal and common right. If this is in
fringed, we may expect that discontents and animosities will
prevafl. We ought indeed, to select persons of ability and
integrity for public employment. But if we make it a rule to
advance only our political friends, we shall become the heads
of a party, and be incapable of preserving, with equity and
moderation, the rights of the whole people. In monarchies,
the prince is the source of all power, and the fountain of
honor and office. He therefore thinks himself authorized, in
appointing his subordinate officers, to reward the attachment,
and to purchase the future support, of his adherents. But, in
republics, the people are possessed of the sovereign power,
and legislators and magistrates, elected by them, are bound to
employ their authority for the common benefit. They have
no right to consider the power deputed to thera as their own
property, or to make vacancies or appointments, for selfish or
party purposes. Should a contrary rule be estabhshed, it
appears to me that political feuds would be endless and im
placable. The persons in office, and their friends and re
tainers, would employ every method to prevent any change in
an administration, whfle their rivals would be equally assid
uous and eager to effect a change. From the frequency of
our elections, there would scarcely be any interruptions in
these struggles ; and the longer they should continue, the
greater would be their violence." Governor Strong, early in
the session, submitted to his council, the propriety of restoring
those persons to office, in the state, who, during the year
preceding, had been removed solely for their political opinions.
The councfl advised, that it would be proper and just that such
persons should be placed in the respective offices, of which
they had been deprived on account of party politics. Their
restoration, or reappointment to office was accordingly made.
A few weeks after Mr. Strong was inducted into office,
war was declared against Great Britain, by the general gov
ernment, as had been sometime apprehended. The country
was very poorly prepared for war, though administration
chose the tirne to make the declaration. Littie preparation
had been made even for defence on the seacoast, or for the
protection of commerce, and navigation which were exposed
to the hostile attacks of a powerful enemy, by this unnecessary
measure. The president immediately called on the governors
of the several states, for aid to protect the country, by the
mflitia; while the few regular forces, which had been raised.

384 HISTORY OF MASSACHUSETTS.
by the administration, were sent to invade the British province
of Canada.
The opposition to these measures was powerful and exten
sive, especially in the commercial states. It was said, the war
was unnecessary, if not unjust; as negotiations, in a proper
spirit had not been fully tried ; and it was strenuously contend
ed, that it was improper to rely solely on the mflltia, when the
war did not come unexpectedly on the federal rulers, but they
had selected the time to begin it ; and it was further insisted,
that neither the executive nor the legislature of the federal
governraent had authority, by the constitution, to call the mili
tia into the field, except fo repel sudden and unexpected inva
sion, when government had no time to meet it in any other
manner. No invasion existed, nor imrainently threatened ;
and it was argued that when it did, and there was no other de
fence, then, and then only, it would be proper to cafl on the
militia. Another objection, but in some measure implied in
the general one already noticed, was to the requisition for the
mflitia, which proposed to send a part of them out ofthe state,
to place others at a great distance from their homes, and to
station them at a few places, to wait for an invasion, (as it
might, or might not, happen in three or six months,) and leav
ing other places, equally exposed, entirely defenceless. It
was considered, indeed, that the order from the federal admin
istration for the mflitia, was assuming a power not warranted
by the constitution, in the situation of the country, and was
destroying the distinct character of the militia, who ought not
to be treated as permanent troops might justly be : as the militia
were to be employed only in case of an invasion, and for the
defence of a portion of the country, tfll regular forces could be
raised for fhe purpose.
Governor Strong probably had these or simflar views, when
he declined to cafl out the militia of Massachusetts, on a requi
sition made by officers of the general governraent, in June,
1812, soon after the declaration of war. To the first and
second request for fhe militia he gave no reply; for he proba
bly was in doubt, what the constitution had made his duty in
such a case : and he was also aware that no invasion was about
being made, or imminently threatened at that time. When
requested a third time, by a military officer of the United
States, acting under directions of the secretary of war, the gov
ernor directed a note f o fhe war department ; in which he said,
"that he was disposed fo comply with the requisitions of con
gress, and of the president, where the constitution made it
cleariy his duty ; but that no invasion existed, or threatened.

HISTORY OF MASSACHUSETTS. 385
or was apprehended; that the militia were averse from going
from their homes, except the emergency absolutely required it ;
that the stations proposed for the mflitia on fhe seacoasts, by
fhe officer of the United States, who made the requisition, were
not the most proper, and that other places equally required to
be protected ; and that it would be most economical and effi
cient, to cafl out the mflitia when invasion took place, or should
immediately threaten.
Before sending this letter. Governor Strong had issued a gen
eral order, cafling upon the officers of the mflitia to have their
men in a state of preparation to march at the shortest notice,
and to any place invaded or alarmed. And soon after, when
appfication was made by the people of fhe towns in Maine,
near the Brifish territory, for aid, as they feared an invasion
forsake of plunder, Governor Strong ordered several companies
of militia to those places, and gave the President of the United
States notice, that he might appoint a mflitary officer to com
mand them.
The administration and its friends censured this conduct of
Governor Strong; but fhe people of Massachusetts generafly
approved of it ; araong whom were many of those who had
before supported the measures of the general governraent. It
was believed to be improper to depend on fhe militia for a long
mflitary service, which could justly be required of such only as
should engage in that employment ; and it was the prevailing
opinion, that the constitution authorized the cafling out of the
mflitia only in case of sudden emergency, when there was no
previous warning, and no opportunity to provide other defence :
The language of the constitution, in reference to the subject,
expressly confining fhe authority fo cafl for the militia, "to
repel invasion." The war, besides, was unpopular, and the
manner of prosecuting it neither able, judicious, or prudent.
Governor Strong had the approbation of the justices ofthe
supreme judicial court, in the course he pursued. The consti
tution of Massachusetts provides that the governor raay request
the opinion of the judges in cases of difficulty. He referred
the case to their decision ; and their opinion was, that the gov
ernor of a state, who had the coraraand of the mflitia thereof,
had a right to judge whether there was an invasion, and there
fore whether the militia should be ordered out, when called for;
and that the mflitia should be commanded by the officers of
their choice, as the constitution provided, except under com
mand of a superior officer of the United Stales. It was an
objection, at the time, with some, that the militia, when called
into service, were intended to be comraanded by an officer of

386 HISTORY OF MASSACHUSETTS.
the United States, instead of the militia officers, chosen by
their respective companies, regiments and brigades.
The decision and conduct of Governor Strong, respecting
the mflltia, furnished matter for dispute between the two poli
tical parties, which had long divided the state and country.
The friends of the national government condemned the con
duct of the executive of Massachusetts, with great severity, as
disorganizing, and as dangerous opposition to the authority of
congress and the president ; whfle the federal party contended,
that the constitution was in his favor, and that the executive of
the United Slates had assumed a power, in cafling for the mili
tia, when there was no invasion, not granted by the constitu
tion, nor by fhe law of congress, which authorized him to make
a requisition for them, in the occurrence of such an event. In
the law of congress, the phrase of the constitution was carefully
adopted, and it empowered fhe executive to call for the militia
" to repel invasion." As there was no invasion when the call
was made, and no immediate or imminent danger of invasion.
Governor Strong contended, that he was not obliged to order
them out. He argued, also, that if the president had a right to
call the militia into service, when there was no invasion; and
none immediately threatening, then he might call them out at
all times, under the pretence that there might be an invasion,
and keep them in service as long as he chose: and thus make
a standing array of thera, and direct and control them in the
most arbitrary manner.
There was an extra meeting of the general court, in October,
1812, summoned by the governor, chiefly for the purpose of
directing in what raanner the electors of president and vice
president of the United States should be chosen, as the two
branches of fhe legislature did not agree on the mode, at the
session in June. Governor Strong gave them information
respecting the course he had pursued as to the militia: and he
observed, on the occasion, "if this state had been in danger, I
presume the regular troops would not have been ordered away:*
and, if they were so ordered, that the militia were not hable to
be called info service and stationed in the forts of the United
States, to do garrison duty, when no danger of invasion appear
ed. I ara fufly disposed to comply with the requirements of
the federal constitution, and the laws made in pursuance there-
* When the second or third call was made on the governor for the militia,
in July, it was stated as an additional reason for the request, that the United
States' troops, in the forts in Boston harbor, were ordered to the borders of
Canada. If an invasion was expected on the seaboard of the state, it was
strange the forts ofthe United S,tates should be left without troops!

HISTORY OF MASSACHUSETTS. 387
of; and I sincerely regret that a request should be made, by
an officer of the general government, to which I could not con
form. But it appeared to me that the requisition aforesaid was
of that character: and I was under the same obligation to main
tain the rights of the state, as to support the constitution of the
United States."
" The officer of the United States army supposed, that he
was authorized by the president, to require any part and even
the whole of the militia, to be called out and marched to such
places, in this and the other states, as he may think proper. If
this be a correct construction of the constitution, then the presi
dent and congress wfll be able at any time, by declaring war,
to call the whole militia of the United States into actual service,
and to march them to such places as they may see fit, and to
retain them in service as long as the war shall continue.
" Heretofore it has been understood, that the power of the
president and congress, to call the mflitia into service, was to
be exercised only in cases of sudden emergency, and not for
the purpose of forming them into a standing array, or of carry
ing on offensive war. But according to the above construction,
the right to employ the militia is made to depend, not on con
tingencies which the government might be unable to foresee or
provide against, but on its own act ; on the existence of a state
of war, which the government has a right to declare, and to
continue as long as it may think proper.
"Although many important attributes of sovereignty are
given hy the constitution to the government of the United
States, yet there are some still belonging to the state govern
ments. One of the most essential of these is the control of the
mflitia, except in the exigencies above-mentioned. This has
not been delegated to the United States. It is therefore
reserved to the states respectively. And whenever it shafl be
taken from them, and a consolidation of the military force of
the states shall be effected, the security of the state govern
ments will be lost, and they will wholly depend for their exist
ence on the moderation and forbearance of the federal govern
ment. * * Whatever sentiments may prevail among the
people of this state, as to the justice or expediency of the war,
I trust they wfll perform the duties enjoined on them by the
constitution and the laws ; and that they wfll do nothing to
obstruct the government in the constitutional measures it may
adopt." The opinion of the governor, respecting his right to judge
whether the exigency had occurred, on which the mflitia were
to be called out, by the general government, and as to his

388 HISTORY OF MASSACHUSETTS.
duty, in fhe situation in which he was placed, was approved
by the majority of the legislature, and of the citizens of Mas
sachusetts. And individual statesmen of distinction afterwards
gave their testimony in favor of its soundness. Mr. Lloyd, a
senator in congress, from Massachusetts, said, " The admission
of the doctrine to the full extent, that the executive of the
general governraent is the only judge of the exigencies when
the railitia are to be called into the service of fhe United States,
at the tirae and in the manner which he may think expedient;
that the militia can, by the junction of a large number to afew
regular troops, be officered by the United States, and that the
executive of the several states, contrary tolheir own belief in
the existence of such emergency, should be obliged fo bow
before this tribunal, erected in the breast of a single individual,
and to yield implicit obedience to such an opinion, must place
them at the mercy of any future tenant of power ; strip the
individual states of their physical, as well as of their fiscal
force, and scarcely leave a remnant of that self-dependence,
which some of them suppose they rightfully possess."
Mr. Otis, also a senator in congress, referring to this ques-
rion, observed, "If the president has a right, not only of de
ciding upon the existence of the constitutional contingency,
which is to justify. him in cafling out the mflitia, but also of
appointing his prefects * to command them, he possesses the
power at any moment, of converting the whole ofthe militia
of the country, into preiorian cohorts. This is a tremendous
power, and an awfully pregnant question, which it is not my
purpose now to discuss. It is the question about the power
of the sword, which setties all other questions. If it is clear the
president has it, be it so. But is it so clear, that hesitation and
inquiry on fhe subject become criminal? Was the retaining
of the command of the mflitia by the governor, under the cir
cumstances of fhe case, equivalent to an obstruction of the
laws? a paralyzing of the means and agents of the govern
ment? Certainly, it wfll not be pretended."
* The president divided the United States into military districts, when
war was declared ; and appointed a commander to each ; who was to call
for the militia when he pleased, station them where he pleased, and retain
them as long as he pleased.

CHAPTER XXXV

Governor Strong re-elected — Measures of defence against invasion — Arms
provided by the State for the people in the seaports — Regular troops
ordered out of the state — Opinions of Political Parties — Public Declara
tions of a distinguished Federalist — Senate of Massachusetts — Resolu
tions in New York — Senators commissioned as Officers in the Army —
Speech of Governor Strong — Disapproves of the War — Party Declara
tions and Opinions — Governor's Speech — Answer of Senate and House —
Militia called out for defence, in 1814 — Dispute with Military Officer of
the United States — Castine taken by the British — Extra Session of the
General Court — Governor 's Speech — Answer of Representatives — Res
olutions of General Court — Convention at Hartford — .General orders of
Governor Strong repeated, for the Militia to repel invasions — Who de
fended the State by his orders.
Governor Strong was re-elected for the year 1813,
though great efforts were made against him, by those who
approved the measures of the general government. The ma
jority of votes in his favor was greater than in 1812, and
afforded the strongest evidence of the confidence of the people
in his wisdom and patriotism. It was a period of great excite
ment and alarm ; the conduct of the general government gave
much dissatisfaction to the citizens of Massachusetts, but they
confided in the prudence and firmness of Governor Strong to
protect theni from military despotism, and political harm.
No attack was early made by the British on Massachusetts,
and no fears were entertained of an imraediate invasion. The
general order ofthe governor, issued in July, 1812, (soon after
the declaration of war was published, and the call on him for
the militia,) by which he required the militia officers to have
their repsective corps in readiness to defend the state, at any
and every point, was renewed in 1813. The people, in some
parts ofthe seaboard, whq felt themselves particularly exposed,
as there were some cruisers on the coasts, applied to the exec
utive for arms and ammunition for defence, which were readily
furnished them. The governor had before recommended to
48

390 HISTORY OF MASSACHUSETTS.
the general court to provide means of defence to the people in
the seaports, as the regular federal troops had left the state :
and he was accordingly empowered to furnish such articles as
might be deemed necessary for the purpose. A committee
was appointed, consisting of three citizens, who had been offi
cers of high rank in the war of the revolution, to attend to this
service, under the direction ofthe governor.
When the administration, at this period, requested a loan,
to meet the expenses of the war, and for its further prosecu
tion, very few in Massachusetts subscribed to it. Some de
clined from a want of confidence in the wisdom and prudence
of adrainistration ; but more, frora a principle of decided disap
probation ofthe war. The friends of the general government
condemned the capitalists who refused to loan their money ;
and even branded thera as eneraies of liberty and of fhe union.
The spirit of party had becorae stifl more exasperated. The
federafists denounced the adrainistration, as waging war without
good cause, and as intending to give indirect aid to the French
nation. The democratic party denounced the federalists, in
their turn, as friends of Great Britain, and intending to divide
New England from the other states in the union. What were
the private views of the leading men of both parties no one is
authorized to determine. The difficulty is explained, however,
by supposing, that the administration was led to adopt its mea
sures, from prejudices against England, and too great partiality
for France, together with a different estimation of the import
ance of commerce from fhe northeastern states ; and that the
federalists had the greatest abhorrence of the rulers of France,
with whom there was danger of an afliance ; and who wished to
maintain a good understanding with Great Britain, whose trade
was highly profitable. The federalists, however, had other
and higher views. They believed fhe war unnecessary, and
they found it was prosecuted without economy and without
system. And they contended, that an open and manly diplo
matic course on the part of the United Stales would have
secured the essential rights and interests of the country without
resort fo arms.
The strongest language used by the federalists, at this period
of irritation and alarm, was as foflows: — "They feared the
antl-comraercial systera, and other impolitic and injurious mea
sures ofthe general governraent, mi^ht lead to a severance of
the states" — "that they considered the union of the states as
an inestimable blessing, and that they deeply deplored a system
of measures, which might disaffect a portion of the comraunity
to the national compact." An eminent man of the federal

HISTORY OF MASSACHUSETTS. 391
party, in a public address, said, " Let us cleave to the union,
to the last extreraily." And he added, "It is the universal
sentiment among the federalists, that the force of the motives
which led to the union, though weakened, is not so impaired
as to justify the attempt, or even the wish for a separation.
With great regret some are compelled fo believe, indeed, that
public affairs are sadly conducted, and raay hasten such an
event. In order to prevent if, therefore, they soraetlmes
express their fears of such a calaralty. But they are desirous
the people of the commercial states should exercise patience
and forbearance, submit to all reasonable privations, and attempt
all practicable experiments to obtain relief from the oppressions
of the present systera. We ask that coraraerce, for the pros
perity and protection of which the federal governraent was
chiefly instituted, raay not be systematically crippled in peace,
nor systeraatically burdened in war. Such a system is unequal,
and cannot be endured. The union is dear to the people of
Massachusetts. Coramerce is also dear to us. But what
symptoms of disaffection or disunion in this declaration ? When
the people fully perceive the destructive tendency of the anti-
commercial system, they may prefer fo follow fhe example of
their virtuous ancestors, and quit a country which will not pro
tect their rights, rather than to suffer oppression and ruin." *
The senate of Massachusetts, for 1812, was democratic,
owing to the formation of new senatorial districts the preceding
year. It was designed for party objects, so as to give a demo
cratic majority to that body, when, according to the usual and
most convenient division of fhe slate, the majority would have
been federal. Great complaint was made of this measure, and
eventually it injured the party which projected it, to perpetuate
its own political power. The members of that branch of the
legislature were very firmly fixed in their respective opinions
* The following resolutions, passed at a large meeting of highly respect
able characters in New York, about this time, will shew their views of the
policy ofthe war. The public paper, which published them, stated, that
the resolutions were approved by Mr. Jay, Mr. King, Judge Benson,
Matthew Clarkson, and Richard Varick : — "That war, one ofthe greatest
calamities which afflict mankind, when waged without just cause, is an
affiront to the Divine Being — that the war, lately declared, by a bare major
ity of congress, is unwise ; that it would have been difficult so select a
period more unfavorable for a measure so portentous ; the United States
being unprepared, the treasury empty, the property of our citizens in the
hands of those now made our enemies, the revenue impaired by imprudent
commercial restrictions, and now by the war destroyed. And that we are
irresistibly drawn to the conclusion, that the American people will be sub
jected to the will and power of the French emperor. We are therefore
under the dire necessity of declaring, that we have no confidence in the
men who have brought us to this perilous situation."

392 HISTORY OF MASSACHUSETTS.
and measures. But some of the democratic members discov
ered a commendable spirit of independence, in a vote taken by
that body, attempted to be decided by meie party feelings.
Two of the senators received commissions for the regular army
of the United States, in the summer of 1812, after they had
been chosen ; and after they had occupied their seats at the
board. It was generally considered highly improper for them
to retain seats in the legislature after accepting their mihtary
commissions in the array of the United Slates. The resolution
introduced in the senate, declaring their seats vacated by their
acceptance of mflitary commissions in the army, was approved
by the majority ; five of fhe democratic members voted for the
resolution. There were only nine members against it. Some
of the persons who voted in favor of these senators retaining
their seats, under these circurastances, had expressed an opin
ion against the propriety of Mr. Jackson remaining there, in
1789, when he was federal marshal ofthe district.
The remarks of Governor Strong, in his public speech to
the general court, in June, 1813, will develope simflar views
to those given at a former session, respecting the war, and
the rights and duties ofthe people at that critical juncture; but
they are so important to the cause of well-regulated liberty,
and fo fhe support of republican institutions, that fhey ought to
be often presented ; especially as he thought proper to press
them on the minds of fhe people. "We are bound to obey
the laws made in conformity to the constitution. But that en
sures to us the freedom of speech: and at this momentous
period, if is our right and duty to inquire into the grounds of
the present war; to reflect on the state of public affairs; and
fo express sentiments concerning them with decency and frank
ness ; and to endeavor, as far as we have influence, by temperate
and constitutional means, lo promote an honorable reconcflia
tion. By an unnecessary war, the deepest guilt is incurred;
and therefore every belligerent nation should inquire, which of
the contending parlies is justly chargeable with that guflt. It
has been said, that our national honor compelled us to engage
in a war with Great Britain. The honor of a nation consists
In fhe display of its wisdom, justice, moderation, and magna
nimity. It requires fhe government to regulate its conduct for
the greatest advantage of the state, and to pursue that series of
measures, which wifl most effectually promote the welfare of
fhe people. But that species of honor which would prompt us
to wage war for every supposed instance of abuse or disrespect,
is not the honor of a wise and moral people. So far as con
quest is the object of the present war, its policy, to say nothing

HISTORY OF MASSACHUSETTS. 393
of the justice ofit, must be extremely doubtful.* A few indi
viduals may gain by an offensive war ; but the great body of
the people have nothing to gain or hope for. In republics,
the increase of power has often occasioned severe calamities,
by increasing their pride and arrogance, and inspiring rash
councfls and extravagant measures. And when they have
been successful in foreign wars, and acquired the titie of con
querors, they have generally and speedily lost their free form
of government."
During the year 1813, raeasures for the defence ofthe state
were continued, chiefly on the seacoasts, where invasion would
be made, if attempted at all. Some fortifications were thrown
up, and small companies ofthe militia were occasionally called
out. Governor Strong recommended this preparation ; and
the general court readfly made appropriations to a large amount,
to be expended as the executive should direct. The governor
was desired to call on the general government for fire-arms to
supply the mflitia called into service, according to a former act
of congress. The law provided, that each slate should have
arms for the militia, at the expense of congress, in proportion
to their respective nurabers. But the secretary of war declin
ed furnishing any arras for Massachusetts, on the plea, that
other parts of the United States were raore exposed, and the
mflitia in those parts had greater need of thera. This refusal was
matter of complaint in Massachusetts, fhe seacoasts being very
extensive, and more exposed fo the British §hips, than most
other states, and all the regular troops being marched from its
limits. To which was added, that the administration had a year
before called for the mflitia to be ordered out for the protection,
ofthe coasts, even then in danger of invasion.
The question, as to the constitutional power of the president
to call out the raihtia, was still agitated ; and was the occasion
of many political essays in the public papers ; some of which,
as in all party disputes, were distinguished rather for asperity
than argument. The federal party, as it was designated,
though charged, in the administration of Mr. Adams in 1798
and 1800, with extending the powers of congress and the gen
eral government, by a liberal construction of the constitution,
now insisted on keeping the national rulers to the strict letter
of that compact. They denied the right of the president to
call out the mihtia, and therefore the obligation ofthe governor
* Soon after the declaration of war, though said to be solely for the de
fence ofthe country, the regular troops were ordered to invade Canada, and
to add that territory, by conquest, to the United States.

394 HISTORY OF MASSACHUSETTS.
of a State to order them into the field, except to repel invasion,
as provided in fhe constilution: as otherwise there was no
hmits or control of his authority to convert them into a perma
nent army. The friends ofthe adrainistration asserted, that the
nature of the case supposed, that the president might cafl
them out to prevent Invasion according to his own judgment,
his own belief of danger, or to give full effect to his plans of
defence ; in which case, he might order away the regular
troops for other purposes, and rely solely on the mflitia for
defence of a state, to be ready for which, it might be necessary
to prevent as well as to repel an invasion. The executive,
they said, was to defend the country, and he must have the dispo
sal of all its force, and be responsible for the manner of exercis
ing his power. The parlies appear to have been at issue on this
subject. And yet the admission of the secretary of war (Mr.
Monroe) in February, 1814, and the doctrine of Governor
Strong were not at so great variance, but they might have been
reconcfled. And it was the opinion of many of the citizens,
that if the coraraanding officer of the United States service, in
the District of Massachusetts had been duly concifiating and
courteous, there would have been no collision. Mr. Monroe
said, in a letter to congress, " the mflitary coramanders were
required, by the president, to watch the movements of the ene
my, and to summon the mflitia to the field, on menace of inva
sion. The object was to afford the best protection, with the
least possible burden to the people." The orders of Governor
Strong, though he declined putting the mflitia under the Uni
ted States officer, as requested, or calling them out when there
was no invasion, nor imminent danger of it, secured the object
ofthe president, consistent with the rights of the militia and
with the least burden to the people.
In December, 1813, congress passed an embargo act which
added to the sufferings and increased the complaints of fhe
people. It was so severe as to inderdlct the coasting trade
between ports in the sarae stale, aud the fishing business ir
smafl craft near the coast ; which proved very oppressive to a
great portion of the inhabitants. The reason given for this
measure was, that some vessels which cleared ouf as coasters
went to the ports of the enemy. The law was the mora
obnoxious, because it gave power to the president and his
agents to dispense with its prohibitions in favor of some towns,
and thus gave an opportunity for the display of political
partialities. The fishermen of Boston, who were thus arbifraily
deprived ofthe means of obtaining their daily bread, petitioned
the general court for relief They said, " they were aware

HISTORY or MASSACHUSETTS. 395
that the nation was involved in a disastrous and ruinous war ;
but though they were ready to subralt to the necessary priva
tions it might occasion, they had to learn that any principles of
civil hberty, of expediency, or even of despotism could justify
the sacrifice of one portion of the comraunity, while others
were permitted to riot in prosperity and luxury. With the
light which the constilution affords, we have searched for the
authority of congress to restrict the coasting trade between
ports in the same state, but can find no such power given.
We formerly thought there was a division of sovereignty,
and that sorae portion of power was reserved to the states,
respectively. We did not know, till painful experience con
vinced us, that state sovereignties were an empty name in the
opinion ofthe national rulers."
During the session of the general court in January, 1814,
petitions were preferred from raore than fifty towns, raany of
them in the interior of the commonwealth, stating the suffer
ing condition of fhe people, and expressing great dissatisfaction
with the measures of the general government. The com
mittee to whom the petitions were referred, reported resolu
tions, which were approved by a large majority, " declaring
the embargo act, in many of its provisions, as not warranted
by the constitution, and as violating the rights of the people;
claiming the right at all times of fishing on and near the
coasts, and of passing frora one port to another within the
state; and ofthe necessity of these pursuits to fhe support of a
large portion of the citizens ; that fhe power of interfering
wifh these pursuits was never delegated fo congress, and that
the act prohibiting them was unconstitutional and void. That,
as the complaints of the people constitute a continued claim
on fhe government till their grievances are redressed, the
several petitions presented to this general court, be delivered
to the governor, with a request that they be laid before the
legislature, at an eariy day ofthe next session." *
The friends of the national administration censured fhe con
duct both of fhe people and legislature of Massachusetts for
disapproving and remonstrating against the measure of the
general governraent. They contended that Governor Strong
and fhe general court had no right to interfere whh the
measures of the national government, whose power was para-
* In 1814, the legislature made a liberal appropriation" for the benefit of
the colleges in the state. To Harvard University ten thousand dollars a
year were granted ; and to Williams and Bowdoin Colleges three thousand
each. This appropriation was from the proceeds of the tax on banks ; and
was continued for the period ol ten years. ^

396 HISTORY OF MASSACHUSETTS.
mount in afl cases, to the authority of a state, especially, as to
war and peace, and as to the mode of conducting the war.
The governor was charged with violating his oath and his duty,
in not implicitiy obeying all the orders of the president and his
officers. It was also attempted to be shown, that the war
was necessary and just; and therefore required the support of
every patriotic citizen. Governor Strong was charged with
" impertinence " for questioning the wisdom or constitutionality
of some measures adopted by the national administration ;
and it was pretended that he was engaged in the unholy
design of opposing the general government by force, and of
intending to destroy the union.
These charges were no further well founded than that
Governor Strong and the federal party disapproved of the
war and often remonstrated against it. They who made such
charges had forgotten perhaps, that their party had condemed
and remonstrated against the treaty raade wifh England by
General Washington in 1794, and the measures of Mr. Adams
in 1798, in much more severe and threatening language.
But party politicians seem to think little of consistency, ex
cept it is so great as to affect their popularity and influence.
The men, who at one period have contended most zealously
for state rights, have, in other circumstances, denied that the
rulers of a slate had any right to inquire whether the acts
ofthe national administration were constitutional, or could justly
hesitate in complying with the orders of the federal govern
ment. The dominant party can always find reasons for re
conciling their measures to the constitution ; and the opposition
at the same time will attempt to show that the constitution
has been violated by those in power.
Although the opposition to the war continued, greater pre
parations for defence were made in the spring and summer of
1814, than in the preceding year. The danger of invasion,
or of depredations on fhe coast had increased. A greater
number of the enemy's vessels were hovering near the harbors
than at any former period of the war. The United States
forts in the harbor of Boston were left almost destitute, and
the navy yard and public ships and stores were exposed to
attacks from the British. Detachments of the mflitia were
called out in various places, at this time, and some were
stationed at Charlestown, by request of the naval commander,
for the protection of the property of the United States there
deposited. Governor Strong was elected in April, 1814, by a larger
vote than fhe year before, though not without great efforts in

HISTORY OF MASSACHUSETTS. 397
opposition to him. A large majority of the citizens had full
confidence in his wisdom and prudence ; and he bore public
testimony to the forbearance and patience of the people
under their severe privations, which were owing to the war
and the measures adopted to sustain it. He referred to the
late embargo and non-importation laws of congress, and to
the restrictions on the fisheries, which, though believed to be
unconstitutional, had been borne whhout any overt acts of
opposition. " Our national rulers," he said, " had no reason
to expect, that, as we believed the war unnecessary and un
justifiable, we should do any more in support of it, than the
constitution requires. But as congress have authority to de
clare war and to lay taxes fo defray its expenses, we are
bound to obey the laws duly enacted for that purpose ; and
I am happy to observe, that none of the measures of the
general government have been opposed by force or violence ;
and that no dangerous commotions have disgraced the people
of fhe commonwealth."
The sentiments of the majorities in the senate and house of
representatives, as to the policy of the general government, at
this period, will be fully disclosed by their replies to the
governor's speech. " The injuries," ('said the senate) " which
the people of this commonwealth have experienced, and fhe
sufferings they have endured, from the oppressive measures of
the national government, have been great and manifold ; and
have been borne with a patience almost unexampled. Among
these measures, the system of commercial restrictions, which,
for nearly seven years, has been so cruefly enforced, is not
the least considerable. Under the operation of this system,
our citizens have been driven from their accustomed employ
ments, deprived of the means of subsistence, and cut off from
all the sources of wealth. Not only has their intercourse with
foreign nations and the neighboring states been prohibited,
but they have been even interdicted the right of navigating
from port to port within the limits of the state, and of fishing
on its coasts. Powers, which the people of this common
wealth had never delegated to the national rulers, have been
exercised with great severity, for their distress and impover
ishment ; and rights, which they never surrendered, have been
torn from them by a ruthless hand, under the forms of law.
And to oppressions and restraints, alike hostfle to the prin
ciples and the express provisions of , the constilution, it was
not to be expected, that a free people, jealous of their rights,
would long submit in sflence. * * * Our national rulers
and the worid weU know that the sons of Massachusetts, the
49

398 HISTORY OF MASSACHUSETTS.
descendants of those who achieved our independence and
founded the American republic, are not regardless of fhe
rights, the honor, or the interests of the nation. They know
full well that in a just and necessary war, a war for the main
tenance or defence of either of these great objects, no sacri
fices would be deemed too great, and no privations intolerable.
In fhe opinion of the senate, it is not only the right but the
duty of a people, mindful of what they owe their country
and posterity, to oppose, by all peaceful and constitutional
raeans, a war thus declared and thus prosecuted. But we are
happy to observe, that none of the measures of the general
government have been opposed by violence, and that no dan
gerous commotions have disgraced the people of this com
monwealth. The war has been one of great expense and
suffering, and may be one of disgrace to the rulers of the
nation ; but we trust and believe that it wifl not terminate in
our slavery and subjugation."
The house of representatives, in their answer, referring to
the embargo act, passed in Deceraber, 1813, observed, — " This
law not only overleaped at once the limits of constitutional
authority, but manifested an open and undisguised attempt to
establish an arbitrary despotism, enforced by mflitary power,
not sanctioned even by the forms of legal process, and utterly
subversive of the first principles of civil liberty. What are
fhe high and invaluable privileges which distinguish a free
people frora the slaves of a capricious despotism ? Are they
not these ? To be at afl times secure in their persons, property
and pursuits ; to be governed by known and equal laws, and
to be judged only by legal and constitutional tribunals ? Yet
how deeply does the act mentioned entrench on all these
rights and privileges? After a general prohibition ofthe coast
ing trade, the president was authorized to give permission to
individuals, at his pleasure ; which must necessarfly introduce
an odious system of favoritism.
" We join your excellency, in commending the forbearance
and moderation which have been displayed by our fellow-
citizens under their various privations and sufferings. Though
deeply imbued with fhe love of civil liberty; yet they are im
pressed with the love of order, of good government, and of
respect for the laws. The love of,liberty, which animates
the people of this comraonwealth, is not the unprincipled
licentiousness of such as seek, in violence and civfl commo
tion, the gratification of selfish passions ; but a firm and un
shaken attachment to their constitutional rights, regulated by
wholesome and energetic laws. Grossly, therefore, do those

HISTORY OF MASSACHUSETTS. 399
mistake the character of our citizens, who regard their for
bearance as fhe result, either of that ignorance, which cannot
discern, or of that pusillanimity, which will not protect their
essential rights. The house lament fhe continuance of the
war in which we are involved. And we have no hesitation
in expressing our firra conviction, that, as men governed by
moral principle, it is our duty to abstain from every voluntary
act which would give encouragement to the prosecution of
the contest. We shall, however, concur in any measures,
which may be proper for the purpose of defence ; and which
may become necessary, in consequence of the neglect of the
national government to employ the means, which the consti
tution has put into their hands, to provide for fhe common
defence and general welfare of the people."
At the session of the general court in June, 1814, it was
voted that one mfllion of dollars be provided for the defence of
the state, to be expended under fhe direction of the governor.
There were then more of the enemy's ships on fhe coast than
had been in 1812 or 1813; and as the United States' army
had gone against Canada, it was apprehended that the British
would retaliate, by attacking the seaports. The former general
order of the governor to the major generals, and other officers
of militia, to be in preparation to march on short notice, was
declared to be in force ; and to various places on the seaboard,
brigades or regiments, or battalions, were actually marched at
the desire and for the protection of the inhabitants, then in
danger of sudden attacks.
In the course ofthe summer, several thousands (jf fhe mififia
were called out, and served for a longer or shorter period, as
the exigencies required. An agreeraent was made with fhe
officer ofthe United Stales, coraraanding in Massachusetts, and
the adjutant general of Massachusetts, by consent of Governor
Strong, to call out all the mflitia in Boston and vicinity, if it
should be necessary to repel an invading foe : the officer of the
United States was to have command of the whole, but the
officers ofthe mflitia were to retain their respective commands,
according to their elections. A simflar arrangement was made
by the adjutant general, in July, by authority of the governor,
with another officer in the service of the United States, who
had succeeded to the former in Massachusetts. The regular
troops were very few; and the militia were wanted to be sta
tioned in the forts, or to be encamped near Boston, where they
could act with effect, if the enemy should make an attack on
the forts, the navy-yard, or the metropolis. This arrangement,
however, was not carried into effect entirely, and in all its parts.

400 HISTORY OF MASSACHUSETTS.
For the officer of the United States required a new organization
of the mflltia, which would have the effect of placing the men
under officers whom they did not elect, and under whom they
had not before served ; and in some instances, difficulties arose
by placing United States officers of a lower grade over those
of fhe mflitia. Stfll two regiments [were stationed in the
forts in Boston harbor, and placed under fhe command of a
general of militia, such as the United States officer selected,
and over whom he had full control. But when an additional
number of the militia were called for, by the officer in the com
mission of the president, to be put under his sole and entire
coraraand, it was dechned by the executive of Massachusetts,
because it was found, that fhe mflitia, both men and officers,
remonstrated against such a measure. The same difficulty had
just before actually occurred at Portiand, where the officers of
militia generally refused to march under such circumstances.
There, indeed, another objection arose, which was, that a major
or lieutenant colonel of the United States army was to com
mand a higher officer of the mflitia.
Notwithstanding Governor Strong declined, for the reasons
above-mentioned, placing fhe mflitia under the United States
officer, the danger of attack, he thought, required cafling them
out for the defence of the capital and vicinity. A division was
accordingly ordered to march frora the interior, and was station
ed in Dorchester, near the bay, where it remained till the
month of November, ready to repel invasion, if attempted by
the British.
Alarms prevafled in various places on the seacoasts, during
the season, on account ofthe enemy frequently appearing, who
had now become more exasperated by the capture of several
of their ships of war. Detachments of the mihtia were ordered
to New Bedford, Falmouth, and other places on Cape Cod ;
to Plymouth, Scituate, Marblehead, and Salem ; York, Wells,
Portiand, Wiscasset, Camden, Belfast, and Castine.
In the course of the summer and autumn, the Brifish took
possession of Easfport and of Castine. They approached those
places with a large naval armament, and there was no similar
force to resist them. The navy of the United States was em
ployed in other necessary or important service, and was not
therefore, ordered to attack the Brifish vessels in those waters.
Governor Strong was requested to assist in dislodging the
British, by men or money. He was of the opinion that it
would be in vain to attempt it without a sufficient naval force,
which he could not command. And he had no authority, if
disposed, fo furnish the money ofthe state for such an expedi-

HISTORY OF MASSACHUSETTS. 401
tion, unless expressly empowered by the legislature. The
representatives were opposed fo any such appropriation. Heavy
complaints were, therefore, made by the friends of adrainistra
tion against the governor and the general court, for declining to
engage or assist in the enterprise. But it was replied, that it
was peculiarly the duty of the general governraent fo defend or
relieve places where their own forts were located ; that the
mifitia from the vicinity of those places were not equal to recap
ture the forts ; that those in fhe raore populous towns were
needed at home, to protect their own respective vicinities ; and
that it would probably fall and prove a great loss of lives, to
make an attack without a navy as large as that ofthe enemy.
Early in October the governor summoned an extra meeting
of the general court. It was a time of great alarm, and the
armed ships of the enemy near the coast had much increased.
The governor was too cautious fo assurae fhe whole direction
of affairs in such a crisis, and too prudent to subject the state
to great expenses, without the approbation of the representa
tives of the people. In his message to the legislature, he made
a particular statement of the measures he had adopted subse
quently to the former session : and gave the reasons why he
had not, in all cases, called out the mflitia, and put them under
the officer of the United States. And he added, "The situa
tion of the state is very dangerous and perplexing. By the
terms ofthe constitution, we have been led to rely on the gen
eral government to provide fhe means of defence; and to that
government we have resigned the revenues of the state. It
has declared war against a powerful maritime nation, whose
fleet can approach every part of our extended coast, and we
are disappointed in the expectation of a national defence. But
though we may believe the war was unnecessary and has been
prosecuted without any useftfl or practicable object against a
province of the enemy, whfle the seacoast of this state has
been left almost wholly defenceless; and though in such a
war we may not afford voluntary aid to any of the offensive
operations, there can be no doubt of our right to defend our
possessions and dwellings against any hostile attacks."
The views of the general court, at this period, will be per
ceived by the report of a committee, to which the message of
the governor was referred, and which was accepted by a very
large majority of the representatives : — ¦" The state of the na
tional treasury requires a great augmentation of existing taxes;
and if, in addition to these, the people of Massachusetts, (de
prived of their commerce and harassed by a formidable ene
my,) are compelled to provide for self-defence, it will be im-

402 HISTORY OF MASSACHUSETTS.
possible for them long to sustain the burden. There remains
no alternative but submission to the enemy, or the control of
their own resources, to repel his aggressions. It is impossible
to hesitate in making ihe election. This people are not ready
for conquest or submission. But being ready and determined
to defend themselves, and having no other prospect of adequate
means of defence, they have the greatest need of afl those
resources derivable frora theraselves, which the national gov
ernment has thought proper to employ elsewhere. If the
war is to be continued, provision should be made for a mflitary
force, in addition to the ordinary mflitia ; as the continual calls
on them to march from home at all seasons, and to remain at
a distance from their famflies, wfll be the rnost oppressive and
least economical of any mode of defence, in a protracted war
fare. The people of this commonwealth ought to unite, and
no doubt wfll unite, under any circurastances, at the hazard of
all which is dear, in repelling an invading foe; but this obli
gation does not forbid just complaint against the authors of the
public calamities. On the contrary, it is a solemn duty to hold
up to view, on all occasions, the destructive policy, hy which
a state of unparalleled national felicity has been converted into
one of humfliafion, of danger and distress ; believing, that un
less an almost ruined people will discard the men and change
the measures which have induced this state of peril and suffer
ing, the day of their political salvation is past. It is not to be
forgotten, that this disastrous stale of affairs has been brought
upon Massachusetts, not only against her consent, but in
opposition to her most earnest protestations. Of the great
evils of war, especially in the present state of Europe, the
national rulers were often warned by the people of Massachu
setts, whose vital interests were thus put in jeopardy. But
the general governraent, deaf to this voice, and listening to
men, distinguished in their native state only by disloyalty to
its interests, and the enjoyment of a patronage bestowed on
them as its price, have affected to consider fhe patriotic
citizens of this great state, as tainted with disaffection to the
union and with predilections for England; and have lavished
the public treasure, in vain attempts to fasten the odious im
putation." Resolutions were also passed by the general court, at the
same session, of the following import: — "That as the calami
ties of war were brought home to the territory of the state, the
seacoast invaded or exposed to imraediate danger, the people
are bound in patriotism fo unite in vigorous means for defence,
and no party dissensions should interfere with the discharge

HISTORY OF MASSACHUSETTS. 403
of this high duty: that fen thousand men be raised for one
year for the defence of the state, to be organized and officered
by the governor: that he be authorized to borrow a million of
dollars, and the faith of the legislature pledged for the pay
ment: and that delegates be chosen by the general court, to
meet other delegates from the neighboring states, to confer on
the subject of their public grievances and concerns; on the
best means of preserving our resources and of defence against
the enemy ; and to devise and suggest for adoption of those
states such'measures as may be deemed expedient; and also
to procure, if they should think proper, a convention of dele
gates, from all the United States, to revise the constitution,
and more effectually fo secure the support and attachment of
the whole people, by placing all on the basis of fair representa
tion." Before the close of this extra meeting of the general court,
another report on the slate of public affairs was made by the
coramiflee above-mentioned, and approved by a majority of
more than two fo one,' in which the opinion was expressed,
"that fhe application of the governor to the national adminis
tration, for aid and means for the defence of the state, was just
and proper, and the refusal truly alarming to the people ; * as
it is provided by the constitution that the United States shafl
protect every slate against invasion. To enable the United
States to do this, power is given to call forth the mflitia ' to
repel invasions,' to provide for organizing, arming, and disci
plining the railitia, reserving to the respective states the ap-
pointraent of its officers. * * Before the adoption of the
federal constilution, Massachusetts possessed every attribute of
sovereignty: and the people would not have surrendered those
relating to peace and war, to negotiation and intercourse with
foreign nations and to the resources of the slate founded in tax-:
ation, but on assurance that the powers so delegated would be
used to provide for the coraraon defence, to protect the state
against invasion, to promote the general welfare, and to secure
the blessings of liberty to them and their posterity. At the
time, then, when a war, commenced by our national rulers, is
* The governor wrote to the secretary of war, stating the great. expenses
incurred by the general court in the measures for defence, as there were no
regular troops ofthe United States ordered for protection, and requesting aid
ofthe general government. The secretary of war replied, that no expenses
ofthe militia would be reimbursed, but when called out in obedience to the
orders of an officer ofthe United States. Nor did he promise either men or
money for future protection. Thus the state was left to protect itself, and
was obliged to provide for the expenses of its defence, while it was contri
buting largely to the national treasury.

404 HISTORY OF MASSACHUSETTS.
prosecuted fo conquer a province ofthe enemy, and is retaliated
on the seacoasts with powerful fleets to distress the people and
desolate the country, the reply of the secretary of war may
justly be considered as evidence of a disposition on the part of
the national administration, io withhold ihe equal benefits of
the union io which this state is entitled. By this reply it ap
pears, that the national rulers, soon after the declaration of war,
anticipated danger on the seaboard ; and though it was certain
the Atiantic frontier would be invaded, the troops ofthe United
States were eraployed for the conquest of Canada, and the orily
provision for defence was to divide the United States into mfli
tary districts, (with a few regular troops,) under the command
of an officer of high rank, with power to call for the militia as
he might think proper. If this system was intended as a per
formance of the duties which the general government owes to
the several states, it behooves Massachusetts to inquire, whether
those measures be a fulfilment of those duties : and if not, to
seek that redress, which is consistent with its duties to the
union, and which its rights demand; and to ascertain the
measures proper to be adopted to meet the dangers which ihe
policy of ihe national rulers has produced. When the peo
ple of this comraonwealth call to raind, that since the adoption
of the federal constitution, ^30,000,000 have been paid into
the treasury of the United Slates from this state ; when they
reflect that $300,000 are now to be coflected as a direct tax,
that of $ 1 1 ,660,000 already appropriated for this year, they
must pay $1,265,000, and that the proportion of this state
ofthe $50,000,000 to be raised in 1815, wifl exceed $5,000-
000 ; they cannot hear without indignation, that no part of these
sums are intended to be applied io defray expenses incurred hy
them in protecting themselves against invasion, (left as ihey
are io their own militia for defence,) except when the militia
are called for by an ofiicer of the United States army."
Governor Strong issued general orders in July, and again in
September, 1814, simflar to those given in July, 1812, in which
he directed the whole militia of the state to be in readiness to
repel invasion, when it should take place, or the danger of it be
iraminent ; and requiring fhe officers to inspect their regiments,
brigades and divisions, and to march wifh such number of men
as the case demanded fo the places attacked or threatened. This
was proof of good judgment, of a just regard for the rights of the
mifitia, and of a disposition to provide for the defence of the
comraonwealth : and his consent to call out the mflitia when
requested, and to place thern under the command of the officers
of the United States, as was done when invasion had taken

HISTORY OF MASSACHUSETTS. 405
place, or immediately threatened,* and when the conditions
required by those officers were not inconsistent with the rights
of the mflitia, and by them expressly remonstrated against,
affords evidence of his readiness to comply wllh the just requi
sitions of fhe federal rulers.
Great expenses were probably prevented by fhe system
which was adopted by the governor, and the rights of the mfli
tia were "preserved, which many believed would have been
violated by a compliance with the plan ofthe national adminis
tration, and the orders of its military officers, which would have
required the same service of them as of regular troops. Adju
tant General Brooks, under whose immediate direction the
orders respecting the militia were Issued, and who had the
entire confidence of Governor Strong, both for his bravery and
prudence, probably arranged the details of the system ; but the
principles which were adopted, and which guided the raeasures
for the defence ofthe state, must have been approved, and, no
doubt, were suggested by fhe governor hiraself
A distinction was raade, at a subsequent period, between the
services rendered by the mflltia, in the counties of Plyraouth,
Barnstable, and Bristol, belonging to the fifth division, and
those performed by the citizens in other parts of the slate. It
was asserted, that fhe services of the former were more patriot
ic, having been entirely voluntary and spontaneous, and there
fore entitled to a remuneration by the general government.
But there was no just foundation for this distinction. In all
places, the mifitia turned out readily, though not without orders
from the governor, their constitutional commander-in-chief
His orders, originally, and afterwards, were to officers of the
mflitia of afl ranks to call out their men, when necessary for
defence. And it was in compliance with these orders, that
they were cafled into service by their respective officers. The
major general of the fifth division, in his several orders, calling
on the militia to march fo particular places for the protection of
the people, referred fo the general order of fhe governor,
directing him to have his men in constant readiness, and to
* In August, 1812, when there appeared to be danger of an attack at
Eastport, several companies of militia were ordered to that place, and put
under the command of an officer of the United States. When Captain
Brainbridge asked for the militia to protect the Navy Yard in Charlestown,
they were ordered out for the purpose. When General Cushing, in June,
1814, requested the militia for the protection of Boston and vicinity, it was
agreed to call out the number he desired, and put them under his command.
And when General Dearborn, in July, 1814, requested the militia to be in
readiness, orders were issued by the governor accordingly ; and eleven hun
dred were stationed at Forts Independence and Warren for sometime, under
such officers as General Dearborn desired, and subject to his command.
50

406 HISTORY OF MASSACHUSETTS.
march them to the scene of danger and of alarm, without wait
ing for particular commands from him in every case. In a
public letter, in 1817, the commanding officer of that division
says, " that the governor was pleased to devolve on me the
responsibility of directing the militia in this division, if there
should be an invasion, or imminent danger of it." To various
places within that division, the militia were accordingly called
out, in greater or less numbers, and for a longer or shorter pe
riod, as the circumstances required. But the same was done
in and about Boston; at Portiand, and at Wiscasset; where
General Sewall 's and General King 's divisions furnished large
numbers, in times of alarm and danger.

CHAPTER XXXVI.

Hartford Convention — Its Proceedings — Approved by the General Court of
Massachusetts — Objects of the Convention — Act of Congress to authorize
a State to employ the Militia for Defence — Intelligence of Peace — Con
troversy touching the right to call out the Militia — Governor 's Speech on
the subject — Mr. Gore's Opinion on State Rights — Terms of Peace —
Manufactures — Mr. Strong again Governor, in 1SI5.
During the session of the legislature in October, 1814, in
compliance with a resolution adopted by a large raajority ofthe
representatives, twelve citizens, distinguished for their political
experience, public services, and sound judgraent,* were selected
to attend a convention of delegates or committees from the New
England States, to consult for the defence and welfare of that
part of the country, in the critical and exposed situation in which
it was placed by the war. The convention was held at Hart
ford, in Connecticut, on the 15th of Deceraber following.
Delegates attended also from Connecticut and Rhode Island ;
and several counties in New Hampshire were represented ; but
the legislature of that state declined choosing a committee for
the purpose.
The convention separated early in January ; and the dele
gates from Massachusetts raade a report of their proceedings lo
the general court, which met a few days after they returned.
The doings of the convention were approved by a large major
ity ofthe general court; and a vote of thanks was passed to
the delegates, who were citizens of the state. The governor
* They were George Cabot, (who was president of the convention) Na
than Dane, William Prescott, H. G. Otis, Joshua Thomas, Hodijah Bay
lies, Timothy Bigelow, George Bliss, Joseph Lyman, Daniel Waldo, S. S.
Wilde, and Stephen Longfellow. That these men were truly patriotic, and
acted from pure motives, the candid of their pohtical opponents did not dis
pute. That they were fallible, their friends did not deny. Yet their views
were much misrepresented, for party purposes.

408 history of Massachusetts.
also spoke of their proceedings, as proof of great moderation.
The measures proposed by the convention were, "that appli
cation should be made to congress, for its consent fo an arrange
ment, by which the states represented in the convention, sepa
rately, or unitedly, might assume the defence of their territory,
at the national expense ; and that certain amendments to the
constitution of the United States be proposed to the several
slates, for their consent and adoption." The amendments pro
posed were, that congress should not have power to make war
unless two thirds of the members of both branches should be in
favor ofit: that no law should be passed laying an erabargo,
for a longer period than sixty days, at once : that no law sus
pending commercial intercourse with foreign nations should be
enacted, unless two thirds of the members of congress should
consent and approve : that no person should be eligible for
president of the United States a second time : and that the
representation in congress should be according to the free pop
ulation of the states. It was also recommended by fhe conven
tion, that a request be raade to congress for aid to defend the
state, exposed as it was fo invasion, in consequence of war,
declared by the general governraent, which had the control of
all the revenue of the nation. And when the general court
passed resolutions, approving of fhe conduct of their delegates
to fhe convention, fhey voted to send agents to the federal gov
ernment, " to represent the exposure of the state, and the feel
ings and apprehensions of the people : the great expenses to
which the state had already been subjected ; and to solicit of
congress and the administration the means of future protection,
as well as a reimbursement in part of what the commonwealth
had already advanced, for the defence of fhe country. This
measure was considered necessary fo satisfy the people : for if
the war should be continued, and no means of defence furnished
by fhe general government, the great body ofthe people would
probably be called into service, as mflltia, to protect the inhab
itants from fhe depredations of the enemy. Three eminent
citizens * were appointed for this object, who proceeded to the
seat of the national governraent, in February, soon after they
were coramissioned. About fhe tirae of their arrival, the intel
ligence of peace was received, and no application was made to
congress, as had been proposed.
The convention at Hartford, held by recommendation of
Massachusetts, was, for many years, conderaned by a large por
tion of the people through the United States. But its design
•¦ H. G. Otis, T. H. Perkins, and William Sullivan.

HISTORY OF MASSACHUSETTS. 409
was probably not fufly understood, or not candidly and fairiy
represented. The people of Massachusetts, and of the other
states on the seacoasts, had suffered exceedingly, for raore than
two years, by a war which fhey could not perceive to be neces
sary, and which, instead of being for defence, as pretended, had
been raade one of conquest, by the invasion of Canada. And
when the regular forces of the nation were ordered away, and
the railitia called for to defend the country, the requisition and
the system proposed were such, that the militia complained
and remonstrated, and the experienced statesmen of Massachu
setts and sorae other parts of the union, believed thera to be
arbitrary and unconstitutional. The railitia, therefore, were
not called out in all cases, as requested by the officer of the
United States. But whenever there were attacks, or invasion
immediately threatened, the militia were called into service:
and the public debt, in consequence, had become very great.
Stfll the general government had afl fhe revenue in its own
hands : and when requested to reimburse the expenses incur
red, only in part, or to furnish means of protection, the admin
istration refused fo do either. In this slate of things, and a
prospect ofthe continuance ofthe war, the plan was suggested
for a convention of delegates from the New England Stales, to
devise means for protection, and to propose a remedy for the
evils under which fhey suffered, and to which fhey were ex
posed, in future.
Such was the cause, and such were fhe designs of the con
vention at Hartford. It was charged with plotting against the
union ; but there was nothing in the first proposition, nor in the
resolves preparatory fo the convention, nor in their proceed
ings,* nor report, which was in favor of a separation of the
New England States from the union; nor which could be fairly
construed, as iraplying or intimating such a measure. The
minds of fhe people were so agitated, that some steps were
necessary on the part of their representatives to shew that
every just and constitutional means would be adopted to obtain
relief. The measure adopted was to consult with citizens of
neighboring states, and to apply to congress for protection, or
the means of protection. And thus the people were kept from
violent acts against the laws, and induced to wait with patience
" The journal ofthe Hartford Convention was put into the hands of the
writer of this history, then secretary ofthe commonwealth, by the presi
dent, who made the declaration and certificate, as a man of honor, that it
contained all the resolutions passed, and all the motions formally made in
the convention ; and the declaration of George Cabot did not need an oath
to give it full credence .

410 HISTORY OF MASSACHUSETTS.^
for a remedy from the national government. It is a remarkable
fact, too, that soon after the convention at Hartford, and before
the news of peace reached the country, an act was passed by
congress, providing for the defence of the several states, at the
expense of fhe federal government.
The act authorized the president to receive into the service
ofthe United States any corps, raised, organized, and officered
by a state, and to employ them in the state where they were
raised, or an adjoining state, and not elsewhere, except by con
sent of the executive of the state ; but whfle in service to be
subject to fhe common rules of war.
In the dispute which arose between fhe governor of Massa
chusetts and the executive of the United States, respecting
the services of the mflitia and the constitutional power to
direct and control them, was involved the doctrine of state
rights, which has been matter of controversy ever since the
existence of the federal government. The constitution gives
congress the power to call out the militia for three purposes,
one of which is " to repel invasion." In 1812, congress pro
vided by law, in terms, for calling out the mflitia by fhe presi
dent of the United States " fo repel invasion." The very
day war was declared, an officer of the United States being
previously directed by fhe president, made a requisition for a
large nuraber of the militia of Massachusetts, simply because
war had been declared ; not stating, for indeed he could not
with truth, that there was an invasion, or immediate danger
thereof The governor did not comply with the requisition.
Another call was soon after made ; but there was no pretence
of an imraediate invasion ; on the contrary, the few regular
troops of fhe United States were ordered to the borders of
Canada, for offensive operations. And, that the whole sea
coast, including the forts of the United States, might not be
left wholly destitute, which would have shown, in a most
glaring manner, the improvidence of fhe national rulers,' the
mflltia were called for, to be placed at certain stations, to
supply fhe place of regular forces, and fo wait, probably for
many months, for the approach of an enemy.
Governor Strong chose to construe the constitution very
strictly, and to judge of the rightful power of the president
and his officers by the provisions of that instrument. He did
this, not wantonly, nor from caprice, nor party feehngs ; for he
was superior to such considerations ; but from a regard to fhe
rights of the state and the mflitia of the state over which he
presided. He knew there was no invasion, and no imraediate
danger of invasion; and he was not disposed fo encroach on

HISTORY OF MASSACHUSETTS. 411
the rights of the mflitia, vvhich he was bound to protect, to
comply wifh a request of the executive of fhe United Slates,
calling for the mflitia, when, in his opinion, the case did not
exist which would justify the requisition. He argued, that
he was not blindly to obey any and every requisition of the
president ; but only such as the constilution gave him a right
to make ; requests made without clear constitutional ground,
he contended he had a perfect right to disregard ; and that it
was his duty to do so, where the rights of the people, com
mitted to his care, would be violated by his compliance.
The views of Governor Strong, touching the right and the
power of a state, when they come in collision with the author
ity of the federal government, will in a great measure appear,
from the reference already made to his public speeches and
addresses ; but his opinion, on the subject, was further expressed
in his speech to the general court in January, 1815, in which
he said, — " We have heard it observed, that the state legisla
tures have no right to express their opinions concerning fhe
measures of the federal government. But this doctrine is
repugnant to the first principles of liberty ; and the remark
could not have been made by any one who had well consid
ered fhe organization of our government, or the arguments
used by the advocates of the federal constitution, when that
systera was adopted. The government of the United States
is founded on the state governments, and must be supported
by them. The legislatures of the several states either elect
the members of the executive and legislative branches of the
general government, or prescribe fhe manner of their election.
It would be strange indeed, if they were denied a right, which
the meanest citizen of every state enjoys. In the arrange
ment of the different powers, the state governments are, to
many purposes, interposed between the governraent of the
United States and the people. If the latter think they are
oppressed, they will coraplain to their imraediate represen
tatives ; and the remonstrance of a state legislature on their
behalf will not often be slighted by a wise and just adminis
tration. " The powers of the federal government are limited by the
constitution, which points out the extent of those powers, and
the manner in which they are to be exercised. But the con
stitution wfll be of little value unless it is religiously observed.
If at any time the national administration should disregard its
authority, either by violating its express provisions, or by fhe
assumption of powers not delegated to it, its commands would
be unjust, and it would be chargeable with a dangerous abuse

412 HISTORY OF MASSACHUSETTS.
of confidence. The state legislatures are the guardians, not
only of individuals, but of the sovereignty of their respective
states; and while they are bound to support the general gov
ernment in the exercise of its consfhutlonal powers, it is their
duty to protect the rights of the states and of their constitu
ents ; and fo guard the constitution itself, as well against sflent
and slow attacks, as against more open and daring violations.
The security thus afforded to the people would be lost, if the
stale legislature were implicitiy devoted to the views of fhe
national government, or were deprived of their right to inquire
into its measures."
On this highly important subject, which was differently
viewed by individuals and' parties during the war of 1812, fhe
sentiments of Christopher Gore, then a senator in congress
frora Massachusetts, and who had also been governor in 1809,
were fully expressed in the following paragraphs. They are
taken from a speech delivered in the federal senate in Janua
ry, 1815.
"A question has sometiraes been suggested, whether the
governraent of a state has a right to judge, if the requisflion for
the militia be within the provisions of fhe constitution. A
little reflection on the nature of the governraent ofthe United
States and of a state, and of fhe relation in which the supreme
executive of the latter stands to the United States and fo the
citizens of his particular state, will show that he is obliged to
exaraine, whether the case for which fhe requisition is made
be within the provisions ofthe constitution; and if the purpo
ses, for which it is declared, are clearly not within fhe powers
delegated by that instrument, to withhold a compliance. The
federal government can exercise no powers not granted by the
constitution ; but so far as it can support such as if claims on
this charter it is sovereign, and has no other control than its
own discretion. The government of each state is equally sove
reign whh respect to every power of an independent state, which
it has not delegated to the general government, or which is not
prohibited to the several states by the constitution. It is the
duty of the governraent of each state to preserve unimpaired
every right and authority retained by the state. Whether the
militia, (fhe peculiar force ofthe several states, and that which
is to protect and defend every right and power they possess,)
is called forth by the federal government agreeably to fhe pro
visions which the states made, in delegating power to this gov
ernment, must be a question between tivo sovereign and inde
pendent governments ; and on which there is no tribunal au
thorized to judge between them. And if the governors, who

HISTOUY OF .MASSACHUSETTS. 413
are the commanders-in-chief of the mflitia of the several states,
should surrender this force to the general goveinment, in a case
not authorized by the constitution, they would betray the trust
confided to them by the people of their respective states.
They must, therefore, examine the case, when cafled upon,
and decide according as their duty, prescribed by the constitu
tion of the United States, and that of their particular state,
shall demand.
"The mflltia is a force which belongs exclusively to the
several states ; and is so recognised by the constitution of the
United States. The federal government is one of limited au
thority, and has no other powers than those granted by the
constitution. A power to call out the mflltia, to provide for
fhe common defence, or to protect against invasion, is nowhere
granted to the general government, in express terms. All the
authority of the United States over the mflitia is, to cafl them
forth to repel invasion, to execute the laws and to suppress in
surrection. The United States, however, are bound to pro
vide for the coraraon defence. To repel invasion is included
in this duty ; and as invasion may be sudden, even in the time
of peace, and before the general government can bring its forces
fo meet an unexpected attack, the militia of the several states
are granted to that governraent, from the necessity ofthe case,
that they may pro-idde for the common defence, in such a par
ticular situation." *
The intelligence of peace with England, which was received
in February, gave great joy to both political parties, and to all
classes of people. It went far to allay the bitter disputes, which
prevafled in consequence of the war, and of the policy which led
fo it. The friends ofthe national administration rejoiced at the
return of peace ; for it relieved them from a critical situation and
fhe heavy burdens of war, and yet the objects had not been
obtained for which the war bad been ostensibly declared,! and
which, it had been said, more in a spirit of boasting, than of

• Mr. Gore quotes Mr. Madison, as saying, "that the powers of the fed
eral government are no further valid, than they are plainly authorized by
the constitution ; and that, in case of the exercise of other powers not granted
by that compact, the states have a right and are in duty bound to interfere ;
nor can it be granted, that a power to act on a case when it shall occur, in
cludes a power over all the means that may tend to prevent the occurrence
ofthe case."
¦t Mr. King, of New York, said, in the senate ofthe United States, when
the treaty of Ghent was under discussion, " that, though it was preferable to
a continuance ofthe war, it was less favorable than that made by Pinckney
and Monroe, in 1808, which President Jefferson rejected, without even sub
mitting to the senate." 51

414 HISTORY OF MASSACHUSETTS.
wisdom, must be secured, before ever it would be terminated.
But the stale of Europe, as wefl as of the United States, made
it the policy of the federal administration to solicit peace: and
instructions were sent to the American envoys to negotiate on
terms very different from those previously given as indispensa
ble. The French emperor, the great enemy of England, had
been unsuccessful ; and the latter nation would be able to send
far more formidable fleets against the United States. The
public debt had Increased, within three years, in the sum
of $150,000,000, and the revenue having greatiy dimin
ished, on account of a very restricted coraraerce, the national
credit was in a suffering condition. The people generally had
called loudly for peace. And in a free and popular govern
ment, the rulers must be unwise, (unless fully convinced of the
necessity of their policy for the welfare of the nation,) long
to remain in opposition to public opinion. To the great
majority of a nation, peace must always be preferred to war,
unless the terms are very humiliating and inglorious, and clearly
involve a relinquishment of the rights and interests of the
people. However inexpedient or unwise the war might have been,
the American character for patriotism and bravery lost nothing
by this calamitous event. The land and naval forces of the
United Stales gained great credit for their courage and heroism.
In the battles on land, the officers could not, indeed, in all in
stances, boast of success; but, in most ofthe engagements with
the enemy, they displayed great personal bravery. And the
naval commanders gathered laurels in every clime. They
often encountered ships of the enemy larger than their own ;
and were alraost always victorious. The British never before
met so resolute and brave a foe on the ocean. The courage
and prowess exhibited by the American navy, in the war of
1812, and in the revolutionary contest, have given it such a
high character, that foreign nations wifl probably be cautious
in attacking the United States. Much credit was also due to
the mflitia of Massachusetts, who readfly prepared to act for
the defence of the state ; and marched with alacrity, whenever
ordered, fo places exposed to the assaults of the enemy. In
the course of the war, the whole number called out, in Mkssa-
chusetts, was estimated to be forty-five thousand : but most of
them were in actual service only a few days or weeks ; and far
the greater part of them were eraployed in July, August, Sep-
teraber, and October, of 1814. The expense incurred by the
comraonwealth, for the protection of its citizens against the
enemy, in the pay of the mihtia, and in military stores, amount
ed to more than $800,000.

HISTORY OF MASSACHUSETTS. 415
When the news arrived, that the negotiations with Great
Britain had issued in aralty, the general court was assembled
in the capital; and fhe members of both houses joined in cele
brating the joyful event, by a procession, in which the citizens
of afl grades and classes united ; and by attending religious ser
vice, in which the chaplains of the legislature were requested
to give thanks to Almighty God, for fhe restoration of so great
a national blessing.
During the war of 1812-14, uncommon attention was given
to the manufacture of woollen and colton cloths in Massachu
setts. The manufacture was much increased, in 1812. At
the session of the legislature, in January, 1815, twenty-four
companies were incorporated for these purposes; the greater
part being for the manufacture of cotton cloths. The long
period of non-importation and war, had the effect to raise such
goods to a very high price: and many enterprising citizens
vested their capital in these esfablishraenls. The result was
unfortunate lo them, as fhe early return of peace filled fhe
country wifh similar products, and at a lower rate than they
could be afforded from the infant factories in the United States.
In July, 1816, the federal governraent afforded encouragement
to these manufactures, by a heavy duty on such products as
were imported frora other countries. But another reason for
imposing high duties, at this time, was the great debt of the
nation, which the war had created, and which it was important
to lessen by all just and practicable means.
Governor Strong was re-elected in 1815, though he ex
pressed a wish to retire from public office. He was nearly
seventy years of age; and he had never earnestly coveted
political life. But he was a sincere patriot; and therefore
ready, at the call ofthe people, to render service to the com
monwealth in afl critical periods. The solicitation of many
highly respectable citizens prevailed with him fo be a candidate
for the chair once more, and he was chosen by a great majority
of votes. His prudence and firmness, during the war, had in
creased the respect and attachment of the people for him, as
their chief magistrate. Most of those opposed to his politi
cal opinions and measures, readfly declared their respect for
the character of the man. He was censured chiefly for with
holding the militia, when they were called for by the ex
ecutive of the United States. But there could be no doubt,
that his course was the result of mature reflection, and agreea
ble to his views ofthe provisions and articles ofthe constitution.
He appeared fully disposed to employ the mflltia for the de
fence and protection of the state ; but he felt himself bound to

416 HISTORY OF MASSACHUSETTS.
employ them in such way and under such circumstances only
as he was authorized and required by the constitution, which
was his guide. In his public speech to the general court, in
June, 1815, Governor Strong referred to his course during the
war, and said, "he beheved the experience and reflection of
future times would confirm the correctness of the construction
which the government of Massachusetts had put on the consti
tution, in regard to the militia." * * " The members of the
general government in 1812 and 1814, he presumed would have
adopted the same construction, at any period during the ad
ministration of Washington and Adams." The senate and
house of representatives, in their answers to the governor's
speech, expressed their entire confidence in the correctness of
the views he had given, and declared their opinion of the wis
dom and patriotism of his conduct as the executive ofthe com
monwealth, during the alarming and critical period of war.
In bis address to the legislature, in January, 1816, the gov
ernor referred to the numerous manufactories, then recently
established in the state ; and suggested fhe propriety of the
legislature making legal provision, that the youth employed in
them should be duly instructed, before entering, or whfle mem
bers of them. He also spoke of the ease with which laws
were multiplied, and observed, that the people were in danger
of treating the ancient forms and usages of the state wifh too
little respect. " Whfle we encourage a spirit of genuine im
provement, let us do justice," said he, "to the usages which
we and our fathers have approved, and guard against a spirit
of unceasing innovation. Let us cherish those principles of
government and those systems of education, which have been
derived to us from our ancestors ; and especially, the institu
tions, which have a tendency to preserve in the minds of the
people that reverence for the Deity, without which neither
public nor private virtue can subsist, nor the welfare of a com
munity be secured."

CHAPTER XXXVII.

Governor Brooks — His character, and political opinions — Extracts from his
public speeches — Candid and magnanimous — Recommends the interests
of Education and Religion; aud a veneration for the Republican Institu
tions of the Commonwealth — State Prison — Separation of Maine — Revi
sion of the Constitution — Society of Cincinnati — Claim of the State on
the United States.
Governor Strong positively declined being a candidate
for the chair, in 1816, and was succeeded by General Brooks.
He was the first governor, after the revolution, who had not
been educated in the University, except Mr. Sullivan. But
the education and long practice of Mr. Suflivan in the law,
rendered him well qualified to be the chief magistrate. And
General Brooks, also, by an able administration of the govern
ment for seven years, proved his entire fitness for that high
station. His early education, was such as fhe pubfic grararaar
schools in Massachusetts afforded; and he studied medicine
with a gentleman distinguished as a scholar and a physician.
He engaged in the cause of liberty and his country early in
1775. The rank he held in June of that year, was that of
major: and he accompanied Colonel Prescott to fhe heights of
Charlestown, on the night of the 16th. The next year, he
received a commission as heutenant colonel ; and afterwards
commanded a regiment in the Massachusetts line ; and he con
tinued in military service till the peace. He was also major
general of the militia, and member of the legislature, and of
the executive councfl several years. In the war of 1812,
Governor Strong appointed him adjutant general, and placed
great confidence in his patriotism and judgment. As a military
officer. General Brooks was intefligent, discreet, and brave;
and as chief magistrate, he was distinguished for his impartiality,
candor, and firmness. His public speeches discovered correct
and profound views on political subjects, a thorough knowledge
of the principles of civil liberty, and of the theory of the federal

418 HISTORY OF MASSACHUSETTS.
government. He was not quick in making up his judgment ;
but he usually decided correctly, and was very firm in adhering
to his opinions thus maturely formed. In his appointments to
office, and in his treatment of political opponents, he was truly
candid and magnanimous. In his deportment, he exhibited the
manners of an accomplished military gentleman. But this was
his smallest praise. He possessed honorable feelings, and a
sense of moral obligation surpassed by no one.
His views were alike republican and practical. He adopted
no wild theory of human perfectibility ; nor pleaded that human
freedora would be sufficiently restrained for fhe purposes of
social welfare, by mere public opinion. Though an ardent
friend of civil liberty, he was not therefore the enemy of law.
Indeed, he never dreamed that liberty and law were antagonist
principles. It would be most unjust to charge him with favor
ing the doctrine of legitimacy ; or, to use a raore modern
phrase, the conservative system. And yet he was as decided
a supporter of law and order, as Washington or Strong.
He was a true and faithful representative of New England
opinion and manners ; and warmly attached to the literary,
religious, and political institutions of his native state. The
following paragraphs frora his public speeches to fhe general
court, while he was chief magistrate, will best illustrate the
political and republican character of this exceflent man ; and,
though fhe sentiments have not the claim of originality, they
are sufficiently important to be preserved, for the recollection
ofthe free citizens of Massachusetts.
" The institution of civil government is essential to human
happiness : without if, existence would cease tobe a blessing.
But as we can discern no ground, in nature, for fhe assump
tion of a right in one individual to control the actions of ano
ther, we conclude that all rnen are originally equal ; and
therefore that legitimate government must be derived fromthe
will of fhe people. How littie other governments of the world
may correspond wifh these positions, we have the satisfaction
to reflect, that Massachusetts and her sister states, separately
and conjointly, have realized, and are now enjoying the right
of self government.
" The people of this state have been favored by Providence
with an opportunity for fraraing for theraselves a constitution of
governraent on fhe broad basis of equal rights : and we should
rejoice in the reflection, that the great questions involved in
forraing a system of fundamental rules and maxims, which
may last for an indefinite period, were discussed with a degree
of intelligence, and a spirit of candor and mutual concession,

HISTORY OF MASSACHUSETTS. 419
which mark an age of wisdom and virtue. Power was impart
ed to public agents, with great caution ; and, in every practica
ble instance, limited with precision. Enough, however, was
conceded in favor of delegated authority, to ensure tranquiflity
and a due execution ofthe laws. It is obviously, one of ihe
leading objects of the consiitution to counteract the tendency
°f office to accumulate power, and so guard against ihe abuse
of delegated trust. Principles are immutable ; and our system
is so framed, as to leave as little as possible to construction.
" It is foreign to ray intention, as it would be fo the occa
sion, lo attempt an analysis of the constitution: but such pro
visions of that instrument as are vitally important to the public
happiness, cannot be too frequentiy brought into view and im
pressed on the public mind. A sense of the value of first
principles ought to be sacredly cherished. Avarice and ambi
tion wage external war with equal rights and civil liberty.
This was the doctrine of our fathers, and is founded in the na
ture of raan. It is the doctrine of the constilulion, illustrated
and confirraed by the unequivocal testimony of experience.
Virtue is the great conservative of republics ; and, coincident
with other profound views, developed in the constltufion and
as auxihary to their attainment, that instrument assigns an ele
vated rank fo moral and religious principles. The happiness
ofthe people, the good order and preservation of civil govern
ment are declared essentially fo depend on piety, religion, and
morality ; and wisdom and knowledge, as well as virtue, are
considered necessary for the preservation of the rights and
hberties of the people.
" The constitution of the United States is without precedent
and without paraflel. In its composition and form, it partakes
of the federative character : but from the extent of its fiscal,
executive, and other powers, possesses the essential attri
butes of an integral governraent. The confederation was a
government of courtesy. The national interests demanded one
of efficiency. The just mean between a too limited, and
an indefinite grant of power, was assiduously sought; and the
result submitted to the test of experience. The national com
pact,, like the constitutions of the individual states, is an ema
nation frora the sarae pure and legitiraate source : and the spirit
of freedom, which pervades, and animates the state constitu
tions, is manifested in the national pact ; and all powers, not
expressly delegated, are declared to be retained by the people,
or fhe slates.
" This express reservation of rights, besides being a condi
tion, wt'^AoM^ which ihe constitution would not have been adopt-

420 HISTORY OF MASSACHUSETTS.
ed, forms a check on fhe powers vested in the general govern
ment. The sovereignty of each slate, though reduced frora
its original amplitude, has been viewed, by the most iflustrious
statesmen of our country, as forming a safe and effectual coun
terpoise to that mass of power given by the constitution of the
United States, and which is necessary for the general welfare.
Whatever apprehensions may have been entertained, at any
former period, of the operations of the national government,
the people of this comraonwealth have but one sentiment, as
to its continuance. Massachusetts will be among the last to
impair the union of ihe states, as she would be the last, si
lently to ABANDON HER OWN JUST RIGHTS.
" Without extending our views to the general history of
mankind or of governments, the annals of our own country, fhe
migration and settlement, the political and rehgious principles,
and the literary institutions of our fathers — fhe rise, progress,
and termination of the momentous question between Great
Britain and her colonies, (now the United States of America,) -
as- to fhe right of parliamentary taxation — the origin, structure,
and establishment of our system of jurisprudence ; open various
and prolific sources of instruction to the legislator, and of proud
satisfaction to the American patriot.
" Annual elections and frequent meetings of the legislature,
being designed to perpetuate fhe principles of a free govern
ment in their purity and vigor, and to promote in the highest
possible degree, the general welfare of the state, it seems highly
important, and auxihary to these ends, that the attention of
the general court be frequently directed to inquiries into the
competency of the laws for securing to the people their political
and elective rights ; and whether they obtain, what the consti
tution assures thera, " right and justice, without purchase,
without denial, and without delay."
" Massachusetts has always been respectable among her
sister states. And whfle she retains the spirit and is governed
by fhe principles of her political, religious, and moral institu
tions, whfle her schools and seminaries of learning are support
ed, while science and the useful arts are cultivated, her love of
justice and habits of industry and economy are maintained, she
will continue fo command the respectful consideration of the
civilized world.
"The commonwealth, to the mfld and beneficent influence of
whose constitution and laws we are indebted for our civfl privi
leges, the secure enjoyment of the rights of conscience, and
whatever is dear to us in domestic life, claims our first fealty
and homage. And I may add, that fhe people in the several

HISTORY OF MASSACHUSETTS. 421
States wifl most effectuafly perpetuate the system of national
government, hy preserving the solidity and strength, and by
maintaining the erect atiiiude of the pillars, on which ihe
vast superstructure is erected.
" Hitherto, conformably to the genius and maxims of free
governments, all the departments of industry have been equafly
protected by fhe laws. The destination of labor and capital
has been controlled by the option of Individuals : and in this
freedom of choice, our liberty greatly consists."
These opinions and declarations, officially made to the as
sembled representatives of the people, were the result of mature
reflection, and of many years study of the nature of our free
and happy governraent. They are true expressions of the
enlightened patriot, and ofthe disinterested friend of republi
can liberty. The wish and object of his heart were the preserva
tion of civfl liberty, supported by just and constitutional law.
It was not in character for Governor Brooks to make public
speeches merely for display, or lo gain popularity. His was the
rare patriotism, which prefers the public welfare fo popular favor.
He relinquished an honorable profession, and entered into the
service of his country frora the purest motives. After a faith
ful and resolute discharge of his duty, as an officer of the revo
lutionary army during the whole war, he took a very decided
and active part in preserving order and subordination among
the troops, in 1783, on the restoration of peace. When in
sidious attempts were made to persuade the troops, with arms
in their hands, to assume the attitude of menace, and to insist
on payment from congress, when it was wholly out of their
power ; a comraittee of the officers, who had a raeeting on
this most alarming occasion, and who, (to the great honor of
the individuals chosen,) were General Knox, Colonel Brooks,
and Captain Hayward, all of Massachusetts, reported resolu
tions, which were unanimously adopted ; and were as foflows :*
" That, at the commencement of fhe present war, the officers
ofthe American army, engaged in the service of their country,
from the purest love and attachment to the rights and liberties
of human nature, (which motives still exist in the highest de
gree) and that no circumstances of distress or danger shafl in
duce a conduct which may tend to sully the reputation and
glory they have acquired, at the price of their blood, and eight
years' faithful services : That the army have an unshaken con-
* General Gates was chairman of this meeting of ofGcers of the conti
nental army ; and the meeting, when the committee was elected, was ad
dressed by General Washington, the commander-in-chief.
52

422 HISTORY OF MASSACHUSETTS.
fidence in the justice of congress and their country; and are
fully convinced that fhe representatives of the American peo
ple will not disband nor disperse the army, until their accounts
are liquidated, and adequate funds established for their pay
ment : That the commander-in-chief be requested to write to
the president of congress, earnestly entreating the speedy
decision of that honorable body on the subject of our late
address, which was forwarded by a comraittee of the army :
In the alternative of peace or war, this event would be highly
satisfactory, and would produce immediate tranquiflity in the
minds of the array, and prevent any further raachinations of
designing men to sow discord between the civfl and raflitary
powers ofthe country : And thatthe officers of the Araerican
array view with abhorrence and reject with disdain, the infa-
raous propositions contained in a late anonyraous address to the
officers of the array, and resent with indignation the secret
attempts of sorae unknown persons to collect the officers to
gether, and in a manner totally subversive of all disciphne and
good order." *
Governor Brooks took a deep interest in the penitentiary at
Charlestown, which was established at the expense and by the
direction of the slate, at the tirae of some changes in the
criminal code. When first established, and for several subse
quent years, the systera was very defective, and did not answer
" Certain individuals were suspected of a plan so to excite the feelings of
the army, as to induce them to remain together till congress should provide
payment, in part, for their wages, and adopt effectual measures to answer
all their claims within a definite period. Anonymous letters were circula
ted, addressed chiefly to the passions of the soldiers ; and except for the
prompt efforts of General Washington and some other ofEcers, the most
disastrous effects might have followed.
Who were the authors of these inflammatory letters was never known ;
and the hope was cherished that no one belonging to Massachusetts, sug
gested or favored a measure so ominous to the liberties of America.!
t Colonel Brooks was an original member of the society of Cincinnati ; and
after the death of General Lincoln, was president of the State Society in
Massachusetts. The design of the society, it is stated in their proceedings,
adopted in May, 1783, was " to perpetuate the remembrance ofthe Liber
ty and Independence of the United States, and the friendships formed
under the pressure of common danger — to inculcate to the latest ages the
duty of laying down in peace, arms assumed for public defence " — and the
following principles, it was declared, should be immutable and the basis of
the society : — " An incessant attention to preserve inviolate those exalted
rights and liberties of human nature, for which they fought and bled ; and
without which the high rank of a rational being is a curse rather than a
blessing : and an unalterable determination to promote and cherish, between
the respective states, that union and national honor, so essentially neces
sary to their happiness, and the future dignity of the American empire."

HISTORY OF MASSACHUSETTS. 423
the expectations ofthe public. The great defect was found in
the want of cells, sufficient to realize solitary confinement dur
ing the night. Sometiraes the number of convicts in fhe prison
was so great that six and even eight persons were lodged in
one room ; where the younger and the least criminal were liable
to be corrupted by the more depraved, and where plans of mis
chief and of rebellion might be proposed. The governor saw
both the defect and the remedy; and he repeatedly urged the
legislature to provide another buflding, with such a nuraber of
additional cells and rooms, that there ralght be entire solitary
confineraent, except when the convicts were at work and under
the inspection of an armed guard. The general court could
not be persuaded to comply with fhe advice of the governor,
on account of the great expense which would attend the erec
tion of the building proposed. Some of fhe members of the
legislature, and many other citizens were also in doubt of the
benefit of the systera In every forra ; and were therefore dis
posed to abandon it altogether. But Governor Brooks ex
pressed his belief, that if the plan of solitary confineraent by
night could be carried into effect, the systera would be proved
to be useful, by preventing the bad from depredating on society,
and at the same time affording an opportunity and the raeans
of reformation. In this opinion, the chief executive officer of
the state prison, after several years of experience, fully agreed
with fhe governor; and even urged the plan of solitary con
finement, as the only one to authorize a hope of the utility of
the institution. The debt of the comraonwealth was great at
that time; which operated as one objection to an additional
building, as recomraended by Governor Brooks; but his advice
and opinion, so often given, had an influence, no doubt, with
his successors in urging the measure, till it was finally adopted.
Governor Brooks was a firra supporter of law ; but his
benevolence led him to favor all reasonable plans for the refor
mation and improvement of mankind. He corresponded with
sorae distinguished philanthropists in Europe, as well as in the
United States, on the subject of penitentiaries; and he became
satisfied, that, with solitary confinement for the night, such
institutions would be preferable to forraer modes of punishment.
The consideration ofthe expense of a new building, therefore,
had little influence with hira. And but for his decided and
repeated recoraraendations, fhe additional bufldings, probably,
would not have been provided, and the system would have been
abandoned in Massachusetts.
Whfle Governor Brooks was in fhe chair, petitions from
many of the people of Maine were presented to the general

424 HISTORY OF MASSACHUSETTS.
court, for a separation of that part of the state. When the
subject was first subinifted to the people of that district, in
1817, there was not a majority in favor of a separation. But
on a second application, in 181 9, and the majority expressing
an opinion for forming a separate and independent state, the
consent of Massachusetts was given ; and terms were stipulated
for dividing the common and wfld lands in that district. One
half of those lands were to remain the property of Massachu
setts ; at the sarae tirae it was agreed, that Maine should be
entitled to one third of the suras received from congress as a
reimbursement ofthe expenses ofthe militia ofthe stale, during
the war of 1812. The population of Maine, when it was
formed into a separate state, was about two hundred and thirty
thousand, and that of Massachusetts four hundred thousand.
In 1820, forty years from the adoption of the state consti
lution, a convention was held in the metropolis, by delegates
from all fhe towns in the commonwealth, to consider what
alterations were required in that instrument. The constitution,
as first adopted, provided, that alterations ralght be made in
fifteen years. In 1795, the majority of the people expressed
an opinion, that it was inexpedient to call a convention at that
time; as they were not sensible of any important alteration
necessary to be made in the constitution. After the separation
of Maine, it was deemed expedient to have a revision of it;
but other considerations had an influence in favor of the mea
sure. There were several changes projected by different indi
viduals in the commonwealth : the most important was provision
for a much less number of representatives than was allowed by
the constitution. But no alteration in this respect was made
by the convention. There probably was a majority in the
convention for lessening the number; but no plan was suggest
ed which received the approbation of the convention. It was
also proposed to dispense with the office of lieutenant governor,
or of the counsellors; but neither were these propositions ap
proved. Another plan was to have fhe senate based on popu
lation, as the house was, and not on property, as by the original
constitution. This project was also rejected by the conven
tion. The most important alteration ofthe constilution adopted by
the convention, was a clause respecting the qualifications of
voters for public officers in the state. This was considered
more republican or democratic, as it permitted some description
of persons to vote who before had not that privflege.*
* The constitution now allows every male citizen of the age of twenty-

HISTORY OF MASSACHUSETTS. 425
Manufacturing establishments within the state greatly in
creased, during the administration of Governor Brooks. The
war of 1812 had been the occasion of establishing several large
cotton factories, and of some manufactories of wooflens,
more extensive than had been previously erected. After
the war, as many individuals of property considered these
establishments favorable for lucrative Investments, they were
continued and enlarged. The policy of these establish
ments was approved generally, as favorable fo fhe whole coun
try. Governor Brooks was friendly to manufactures ; but
doubted the policy of protecting, or of favoring them to the
extent which sorae portion of the citizens proposed and urged.
He perceived the difficulty of framing laws for fhe benefit of a
few, or for the particular advantage of any one course of busi
ness, which would be approved by the residue of fhe commu
nity. He would encourage and protect domestic manufactures,
for the prosperity and benefit of the whole country ; not mere
ly to render the pursuits of one portion of the people raore
profitable than they would be when left to the natural course of
trade, or the demands of the community. He also bad appre
hensions of the moral and political evfls which would flow from
very large manufacturing establishments in the country. But
the consideration of the care taken to educate chfldren, in New
England, served to limit his fears in this respect. While only
children of an education, such as the public school affords, are re
ceived into these factories, there is just cause to beheve that the
corruption and profligacy wfll never be known, which render
most of the large establishments in England nurses of vice and
pauperism. A subject of particular interest which occupied the attention
of Governor Brooks while he was chief magistrate, was the
claim of the state on fhe general governraent, for a reimburse
ment of the expenses incurred by the commonwealth during
the war of 1812-15. The sums expended by the state for the
services of the railitia, and other raeasures of defence, on that
occasion, amounted fo nearly a mfllion of dollars. It was gen
erafly beheved to furnish an equitable claim on the governraent
of the United States, whose duty it was to afford protection ;
but which furnished neither troops nor money for the purpose^
and left the state to its own resources for safety. The genera]
one years, to vote in the election of governor and representatives, after a
residence in the state of one year, and of six months in the town where he
lives, if he shall have paid a tax in the state within two years : without re
quiring any property or estate, as it did originally.

426 HISTORY OF MASSACHUSETTS.
court requested the governor to present the claim to the con
sideration of congress, and lo have an account of the expenses
prepared to substantiate the claim. The account was duly
prepared, and agents were appointed by the governor in 1817,
to present it to the executive ofthe United States. Objections
were made to its allowance by the administration, on the plea,
that the services were not rendered in the manner and on fhe
occasions, as requested by the mflitary officers appointed by
the president. It was not denied that the services were per
formed, nor that the state was protected when attacked or ex
posed, (except in the case of Castine;) nor that the expenses
for the railitia were extravagant or unreasonable. But it was
contended by the administration, that as the mflitia were not
- called out by fhe governor and put tinder the control of a mfli
tary officer of fhe United States array, as required, the com
raonwealth could have no just claim on the federal government,
and must bear the burden of its own expenses.
The merits ofthe claim were, by the governor, made to rest
on the consideration, already noticed ; that the territory of the
state was protected, when invaded or actually exposed, by fhe
people, and at the expense of the comraonwealth ; that such
service and raeasures of defence were regulated with due econ-
oray ; and that the general governraent neglected to provide
the necessary means- of protection.
The discussion on the merits of the claim involved the im
portant question of state rights, ofthe extent ofthe authority of
the federal executive, and of the meaning of the constilution,
as to the control of the mflitia in a time of war. The adminis
tration of the general government so construed the constilution
relating to this subject, as fo claim fhe entire direction and con
trol of the mflitia ofthe several states, whfle the war continued;
and that it was an unjustifiable and dangerous measure in the
executive or legislature of a state to withhold thera, when
required. And as fhe governraent of Massachusetts had refus
ed to place the raflitia at the disposal of officers of fhe United
States array, its claira for expenses were rejected, when pre
sented to the executive of the United States. But Governor
Brooks, believing the claira to be equitable and just, and en
trusted by the general court with the duly of urging its pay
ment, employed agents fo present if to the federal rulers. He
was one of the executive counsel, or adjutant general of the
state, during the war of 1812 ; and it was believed was of fhe
same opinion with Governor Strong, in the measures adopted
when the requisition was made for the mflitia. He contended

HISTORY OF MASSACHUSETTS. 427
that the raflitia could be justly called for, only in case of inva
sion, or imminent danger of invasion : and that, when called into
service for the defence of the stale, they should be governed by
theirown officers, except that they might be directed by an officer
of the continental army, and that within the limits of the state.
With these views, he made an arrangement with a federal
officer for calling out the railitia in 1814, and for placing them
under his command. But a simflar arrangement, proposed to
be made with another officer of the United States, was not
carried into effect, owing to new conditions required by that
officer. The mflitia, however, were cafled into the service of
the state, to defend the towns on the seaboard, in various pla
ces during the year 1814; and great expenses were thereby
incurred by fhe commonwealth. The railitia were called out,
not to oppose or to embarrass the measures of the federal ad
ministration ; but with an intent to maintain the rights of the
citizens, and to defend the state when and where it was really
exposed to the danger of an attack. Governor Brooks, there
fore, made repeated atterapts, whfle be was in the chair, to
obtain a reimbursement for these expenses. And the last year
he was chief magistrate, he caused a statement ofthe claim and
of the circumstances under which the expenses were incurred,
to be prepared by the secretary and adjutant general, which
was laid before the president ofthe United States in 1822; and
a further examination of the account was ordered. When it
was suggested to Governor Brooks, that^ossibly an acknowl
edgment of error, on the part of Massacnusefts, in withholding
the mflitia, would have a favorable influence on the claira, he
said, he believed the measures pursued, relating to fhe militia,
were correct, and that he could not express the opinion pro
posed, for any considerations. All his efforts, therefore, for
obtaining the amount expended and claimed by the state, were
in vain; owing, in some measure, as was believed, to political
prejudices, as well as to a different construction given to the
constitution by the federal rulers. It was considered#a singu
lar course to leave if to fhe views or feelings of fhe administra
tion, rather than to settle the principle for deciding on the mer
its of the claim, by a particular law of congress.
When Governor Brooks, after being seven years in the
chair, announced his intention to retire frora public life, it gave
sincere regret to the people throughout the state. He had ad
ministered its concerns wifh perfect fidelity, and much abflity ;
and the merit justiy belongs to him, of softening the asperities of
political parties, and breaking down the partition wafl which
had long separated them. His aid was most cheerfufly given

428 HISTORY OF MASSACHUSETTS.
in support of the ancient institutions of the comraonwealth, civ
il, literary, and religious ; and he had fhe satisfaction, in his
latter years, to witness a period of public prosperity, of ira
proveraent, and of political liberty, in a good degree, equal to
his former wishes and anticipations, when he engaged in the
hazardous enterprise of defending his country with his sword.

APPENDIX

Seepage 15. Speaking ofthe rise ofthe Plymouth planters.
Governor Bradford says, "that several religious people near
the borders of Lincolnshire, Yorkshire, and Nottinghamshire,
finding the pious ministers urged with subscription, (to books
of common prayer, ceremonies, &c.,) or silenced, and the peo
ple greatly vexed with the commissary courts, apparitors and
pursuivants, which they bare sundry years vvith much patience,
till they were led, by the continuance and increase of these
troubles, and other means, to search and see further into these
things through the light of God's word. — How that not only the
ceremonies were unlawful, but also the lordly and tyrannical
power ofthe prelates, who, contrary to the freedom ofthe gos
pel, would load the consciences of men; and, by their compul
sive power, make a profane mixture of divine worship : that
their offices, courts, and canons, were unlawful; being such as
have no warrant in the Word of God, but the same which were
used in popery, and still retained. Upon which these people
shake off this yoke of anti-christian bondage, and, as the Lord's
free people, join themselves by covenant into a church state,
to walk in all his ways, made known, or to be made known to
them, according to their best endeavors, whatever it might cost
them." •
The grounds of difference, between the puritans and the
church of England, are generally well known. But it is best to
let one speak in his own cause. The writer of this volume is
in possession of an unpublished treatise by William Bradford,
(many years governor of Plymouth colony,) on the reasons for
opposing the church of Rome by the protestants; of the separ
ation ofthe puritans from the episcopal church of England; and
ofthe more strict conformity of independents or congregation
alists to the directions of the New Testament than even the
presbyterian churches. Frora that part of the manuscript, which
refers to episcopacy, the following paragraphs are thought wor
thy of insertion in this place. The MSS. was written in 1652.
53

430 APPENDIX.
"It wfll be needfull, before we speake to this poynte, that
some thing be premised to prevent mistakes. And first, we
acknowledg that Bishops, such as are mentioned in the Holy
Scriptures, are of devine institution, and the ordinance of God.
But Lord Bishops, invested with sole spiritual power and gov
ernment, and exercising sole authority, power, and government
over the churches, without their choyse or consent, is Strang
from the scriptures, no institution of Christ, but a humane
devise and intrusion. 2d. Though this Lordly hierarchie, con
sisting of primates, metropolitans, archbishops, lordbishops,
deans, archdeacons, with all their subordinats and inferior de
pendents, in regard of their places, callings, power, and jurisdic
tion, were unlawfull and Strang from the scripture paterne, yet
wee acknowledg that many of their persones were men of worth for
vertue and learning, pietie and godlines; yea, some of them bles
sed martires, who gaive their bodyes to the fire, for the trueth
of Christ. 41y. For the maine, in charitie, wee beleeve they
saw not the evil in these things, but had their mindes more in-
tente upon the puritie of doctrine, in the cheefe foundations of
religion, and purging the same from popish leaven; especially
ihe first and most sincere reformers. 51y. Though they saw
some thing ainise, yet they could not do all things at once; the
times would not bear it, they thought to gaine upon them by
degrees, as the times would suffer: and so might have done,
had men continued faithful; and pride and ambition had not
hindered and blinded the eyes of sundrie. 61y. The casting out
ofthe Pope and his supremacie, and suppressing the worst part
of the hierarchie, abbots, monks, and friars, those swarms of
locusts, which did eat up and defile the land, and pulling down
of strong foundations, and firme corporations, which they
thought to be indissoluble — it did cause such an earthquake in
the land, as did astonish the minds of men, and in that juncture
of time made the world to wonder, and after times to admire
the same : No marvel, therefore, though the greatness of that
work did not give way to many other things, which were to be
the worke of time.
" We are, therefore, thankfufly to acknowledg the great
work of God, in the reformation made in our dear native land;
in which the tyranie and power of the Pope was cast off, and
the puritie of doctrine in the cheefe foundations of religion re
stored: and though she fell short, in some things, of other
reformed churches, especially in government, yet not in the
truth and power of godliness, but rather to excede these, in
such as the Lord raised up and enlightened among them. But
herein was the great defecte, that this lordly hierarchie was
continued, after the pope was cut off, in the same callings and
offices; and ruled (in a manner) by the same laws; and had the
same power and jurisdiction over the whole nation, without any
distinction; afl being compelled, as members of this national

APPENDIX. 431
church, to submit to the forme of worship established, and this
government set over them, far differing from the liberty of the
gospell, and the practiss of other reformed churches, who ad
mitted only such info the church, and to partake of the holy
things, as manifested repentance, and made public confession
of their faith, according to the scriptures; and had such a rnin-
istrie set over them as themselves liked and approved of.
"And of this Dr. Ridley bitterly complains, (who was some
time a bishop, and afterward a blessed martyr) ' how that the
greatest part, in King Edward's days, both magistrals, bishops,
lawyers, and people, of all sorts and degrees, were never per
suaded (but frora the teeth outward and to please the King) of
the trueth of God 's word and the religion they received; but
did dissemble. And pitifull and lamentable it was (saith he) to
see the people so loathsomly and irreligiously to come to the
holy communion and the service of God which they understood
never a whit, nor could be edified any thing at all thereby.' A
very sad complainte, and shows us the true face of things in
those times; by one who was able to discerne, and who was
neither a Brownist, nor Separatist. He also judged it to be a
cheefe cause of God 's judgment which followed in Queen Ma
ry's days.
"Beza also saith, 'thatthe church is not tobe taken for cer
tain ofthe worshipfull clergymen alone, but for a whole assem-
blie or congregation of God's people, without whose consent,
neither excommunication nor election of ministers ought to be
used.' And he saith again, 'it was not possible to have brought
my Lord Bishop, Mr. Official, Mr. Vicar, their procurators,
and the like, into fhe church of God, till they had driven Christ
their master out. There is neither holy scripture, neither coun-
cell, nor anciente doctors who ever knew such monsters. Con
cerning suffragans, officials and proctors in the courts of the
church, and other such innumerable vermin, what can I say;
for one shall as soone find fhe devell araong the angels, as one
word or mention of them in the scriptures, or in the anciente
counsells or doctors, Greek or Latin, to approve them. I say
more, that it is as impossible to accord these estates with the
true form ofthe church of Christ, as to accord light and dark
ness, truth and lies.'
"Through the ambition of Bishops, (saith Qualter,) it is
come to pass, that the libertie of fhe church is trodden under
foote, and the chosing of ministers dependeth on them. Now
¦where the ambition of prelates hath disturbed and encroached
on this libertie, and challenged to themselves a lordship over
the inheritance or church of Christ, the congregations are
molested with contensions, and there is no end of errors or of
bitter debates.
"I think verilie, saith Mr Wheatonhall, that Qualter, in
these words pointed especially to England; for no nation in

432 APPENDIX.
Christendome, that is called a reformed church, hath had or is
like to have such endless contentions and continual errors; only
the lordship and magnificient estate of Lord-Bishops; which no
reformed church in all Europe bath retained but England.
" Danaeus saith, they perfidiously deprive the church of her
right, who thrust a pastor on a people without their knowledge
or consent; for they doe the church the greatest injurie when
they spoil her of her judgment and voyce-giving: who are,
therefore, truly to be called sacrilegious, or church-robbers: "
By all which it appears how that calling of ministers is not
lawful, which is made by the authority, letters and judgment of
the king alone, or queen, or patrons, or bishops, or archbishops,
as is used in England; which I speak with greefe.
" Truly, (saith Calvin,) this is a foul example, that out ofthe
court are sent bishops to possess churches; and it should be the
world of a godly prince to abstain from such corruption; for it
is a wicked spoiling ofthe church, when there is thrust on any
people a bishop whom they have not desired, or at least with
free voyce allowed. It is tyrannous for any one man to make
or appointe ministers at his pleasure. But the most lawful way
is, that they be chosen by common voyces, who are to take
upon them any public function in the church.
" Francis Lambert saith, marvel not that I said there be
many bishops in one city: for verilie, every city hath so many
bishops as it hath true preachers. Again he saith, every parish
or congregation ought to have their proper bishop, which should
be chosen and confirmed by the people and comraonaltie ofthe
church of every place. And to do this, they have no need of
letters, seals, tokens and such things, very much used clean
contrary to the word of God. And so long they should be ac
counted for bishop as they preach purely the gospel of the
kingdom of God. From which if they swerve and preach Strang
doctrine they ought to be deposed and put out by them by whom
they were chosen, even ofthe commonaltie ofthe church afore
named. And again he saith, all the cannons ofthe world can
not lawfully choose one bishop ofthe church of Christ; and that
the church of God hath no ministers besides these, bishops and
deacons. " And Zuinglius saith, a church is taken for the severall con
gregations, which conveniently meete together in some one
place, for the hearing of the word and receiving of the sacra
ments. The Greeks call these parikias. And of this manner
of church Christ speaks, Mat. xviii; and the apostle to the
Corinthians. " Peter Martir saith, we confesse the government and eccle
siastical power are given to the whole church. He also saith,
without the consent ofthe church no one can be excommuni
cated: this right belongs to the church, neither ought it to be
taken away from if. He also affirmeth, that government is a

APPENDIX. 4,33
notable portion ofthe gospel, and not the least part ofthe chris
tian religion: and that the gospel seemeth to be neglected by
them who put away so excellent a part thereof.
"Chemnicius saith, that Paul and Barnabas did not thrust
ministers on the church without their consent; and that the
election of ministers, by the historic of the apostles and their
example, appears clearly to belong to the whole church: and
that this is tlie way ofthe apostlio, primitive and ancient church,
concerning the lawful election and calling of ministers; which
way hath place in those churches which are constituted accord
ing to the word of God.
"Junius saith, it is manifest that way of choosing and callina
ministers is most approved by the holy scriptures which the
apostles kept in the churches. And when the bisliops did arro
gate that power to themselves and deprive them of it, it was to
the damage and shame of the churches; and that way he before
showed was that the whole church did choose by equall and
common voyces. But some will say, the people are ignorant
of their duty and right herein. Let them be taught, then, and
they wfll understand it. But they know not how to use it
aright. They will never know it, if they do never use it. But
they are factious often and divided into parties. Let them be
reduced to peace by wholesome counsell; and let them be ruled
by the authority of the word and the endeavours of good men,
that their minds being well ordered they may do that which is
their duty to do.
"I might add much more; for the whole current of all these
excellent de vines, and first lights and guides of the reformed
churches, run in one stream in this way. But these must suf
fice: By which you may see from the scriptures how they
shew what the church is; what power it hath, both in choosing
and ordaining or confirming their own officers; and in deposing,
if the case so require; as also to receive the worthy and to ex
communicate the guilty when proper; and that it is not only
an injurie for any to deprive of this their right and libertie; but
that it was no less than sacriledge and tyrannous usurpation in
the lordly hirarchie so to do."

Seepage 16. The pastors of the church of puritans, gathered
in Lincolnshire, &c., and which removed to Amsterdam, and
thence to Leyden, before coming to America, were Cliffton and
Robinson. The former was much the oldest, and died at Am
sterdam, before the church settled in Leyden. The opinions
and advice of Robinson, to those of the church who settled
Plymouth, in 1620, are worthy of everlasting remembrance.
"When we parted with our beloved pastor," says Governor
Winslow, " he charged us, before God and his holy ?ingels, to

434 APPENDIX.
follow him no further than he followed Christ: and that if God
should reveal any thing to us by any other instrument of his,
to be as ready to receive it, as ever we were to receive any
truth by his ministry. For he was very confident that the
Lord had more truth and light yet to break forth from his holy
word. He took occasion also miserably to bewail the state of
the reformed churches, who were come to a period in religion,
and would go no further than the instruments of their reforma
tion. As, for example, the Lutherans could not be drawn to
go beyond what Luther saw; for whatever part of God's word
He had further revealed to Calvin, they had rather die than em
brace if: and so, also, said he, you see the Calvinists, they stick
where he left .them; a misery much to be lamented: for though
they were precious and shining lights in their times, yet God had
not revealed his whole will to them. And were they now alive,
said he, they would be as ready to embrace further light as that
they had received. Here also he put us in mind of our church
covenant; whereby we engaged with God and one another, to
receive whatever light or truth should be made known to us
frora His written word. But withal exhorted us to take heed
what we receive for truth ; and Well to examine, compare and
weigh it with other scriptures before we receive it. For, said
he, it is not possible the christian world should come so lately
out of such anti-christian darkness, and that full perfection of
knowledge should brake forth at once."
As an apology for not adopting all the doctrines and forms
required of him by the church of England, the celebrated John
Cotton, (many years the faithful and able pastor of the church
in Boston,) in a letter to his bishop, in 1633, just before he
left Great Britain for Massachusetts, says, " your lordship well
knoweth it to be a principle both of the prophets and apostles,
and it holdeth in every religious man, Justus ex fide sua vivit,
non aliena. And, therefore, however 1 do highly prize and
much prefer other men's judgment, learning, wisdom and piety,
in things pertaining to God and his worship, I must live and act
according to my own faith, and not according to theirs."

Seepage 18. The following is the whole of the instrument
or compact framed and agreed to, on board the May Flower,
in Cape Cod harbor, November 11th, 1620.
" In the name of God, Amen. We whose names are here
underwritten, the loyal subjects of our dread sovereign Lord,
King James, by the grace of God, of Great Britain, France and
Ireland, King, defender of the faith, &c., having undertaken,
for the glory of God, and the advancement of the christian faith,
and the honor of our king and country, a voyage to plant the
first colony in the northern parts of Virginia, do, by these Pre-

APPENDIX. 435
SENTS, solemnly and mutually, in the presence of God and of
one another, covenant and combine ourselves together, in a
civil body politic, for our own better ordering and preservation,
and furtherance ofthe ends aforesaid; and by virtue hereof to
enact, constitute and frame such just and equal laws, ordinan
ces, acts, constitutions and offices, from time to time, as shall
be thought most convenient for the general good ofthe colony;
to which we promise all due submission and obedience. In
witness whereof, we have hereto subscribed our names. Cape
Cod, eleventh of November, in the year of the reign of our
sovereign Lord, King James of England, France and Ireland,
the eighteenth, and of Scotland the fifty-fourth, Anno Domini,
1620. Signed:
{Fac Simile ofthe signatures of) John Carver.
William Bradford.
William Brewster.
^ -ttS d/^ f Edward Winslow.
ytpL J2X€^0tq:. Miles Standish

Isaac Allerton.
John Alden.
Samuel Fuller.
Stephen Hopkins.
Richard Warren.
John Howland. &c.

We will here add extracts from the General Fundamentals, or
Declaration of the warrantable grounds and proceedings of the
first proceedings of the government of New Plymouth, 1636,
(Published, but probably not printed.)
" We, the associates ofthe Colony of New Plymouth, com'
ing hither as free-born subjects of the kingdom of England,
endowed with all and singular the privileges belonging to suchj
being assembled, do enact, ordain, and constitute, — That no-
act, imposition, law or ordinance be made or imposed upon us,
at present or to come, but such as shall be enacted by consent
ofthe body of freemen, or associates, or their representatives
legally assembled ; which is according to the free liberties of

436 APPENDIX.
the free-born people of England. And for the well govern
ing of this colony, it is also resolved and ordered, that there be
a free election, annually, of governor, deputy governor, and
assistants, by the vote ofthe freemen of the corporation. It is
also enacted, that justice and right be equally and impartially
administered to afl; not sold, denied, nor causelessly deferred
to any. That, as the great and known end of the first comers,
in 1630, leaving their native country and afl that was dear to
them there, transporting of themselves over the vast ocean, into
this remote, waste wilderness, and thereby wfllingly conflicting
with dangers, losses, hardships and distresses, sore and not a few
— was, that without offence they might, (under the protection
of their native prince, together with the enlargement of his
majesty's dominion,) with the liberty oj a good conscience, enjoy
the pure scriptural luorship of God, without the mixture of human
inventions and impositions; and that their children after them
might walk in the holy ways ofthe Lord."

See page 20. Blaxton left Boston in 1634-6; and it is stated
that he had then resided at Shaumut about ten years.

See page 22. This appears from Endicot 's letter to Governor
Bradford, and from the letters of Dr. Fuller, a deacon of the
Plymouth church, who spent some time at Charlestown and
Dorchester, in 1630, and had conversation, on the subject, with
Rev. Mr. Warham and others. It is evident, also, from the
fact of sending for the Plymouth church, to assist in the ordin
ation of Rev. Mr. Higgonson and Skelton, at Salem, in 1629.
And Governor Winthrop and Rev. Mr. Wilson, of Boston,
visited Plymouth soon after they settled in Massachusetts, and
held christian fellowship and communion with fhe Plymouth
church.

See page 2.6. Chicataubut was chief of the Neponset tribe,
at this lime; and this appears to have been the principal tribe
in the vicinity of Boston. The tribes at Saugust, Agawam and
Muskatequid were small. The Neponset tribe continued
friendly to the English; and when urged to join others against
the whites, they refused, and gave information of their hostile
designs.

APPENDIX. 437
See page 27. In this vessel, Roger Williams came into the
colony; but it does not appear that it was by the particular re
quest of any of the members of the IMassachusetts company.
rht^, perhaps, was the reason why he was tiluays watched with
jealousy, and viewed as one not sufficiently disposed to submit
to the directions of the leading men of the settlement. But he
did not throw off his subjection from the bishops and hierarchy
of England, to give up his independence to any other body of
men, however pious.

See pages 32 and 33. Sir Christopher Gardiner was some
time in the country, in company with a female, much younger
than himself, but to whom he was not legally married. They
travelled and lodged among the Indians in various places; and
often suffered in their peregrinations. His real object was not
known; but he was an enemy to the puritans, and united with
others in complaining of their conduct. He probably disliked
their pure and strict morals, and their prompt punishment of
afl licentious and disorderly persons, within their jurisdiction.

See page 35. There is a mistake respecting Mr. Mitchel,
which should be corrected. Jonathan Mitchel came from Eng
land at a very early age; and was educated at Harvard Col
lege. Mr. Shepard, mentioned on page 34, was pastor of the
church of Cambridge, after the departure of Mr. Hooker and
Mr. Stone. Mr. Mitchel succeeded Mr. Shepard.

See page 38. Sir Henry Vane favored the fanatical Mrs.
Hutchinson and her religious party; and his honesty, in this
respect, was doubted by a portion of the colony. Others
attributed his favor or support of them to his more generous
views of toleration of religious opinions. Rev. Mr. Cotton, of
Boston, had great influence, at that period, both with the cler
gy and laity; and Vane was probably desirous of the influence
of Mr. Cotton, or was willing to follow him in his rehgious views.
And Mr. Cotton was too ready to justify, or excuse the extrava
gant opinions of Mrs. Hutchinson.

See page 39. The new and distant settlements were some
times alarmed and attacked, after the Pequot war and before
54

438

APPENDIX.

the dispute with Phflip; but these were local, and neJither en
dangered the whole colony, nor called forth a formidable force,
as was the case on the other occasions.

See page 41. The early accounts do not agree in represent
ing the powers and privileges of this military company. It ap
pears, however, to have been incorporated, when a request was
made to the governor and assistants for the purpose; but with
some provisions and restrictions, so as that it was subordinate
to the government, as much as any ofthe other military compa
nies in the colony. On the stated days, appointed for its train
ings, other companies were forbidden to meet. It was compos
ed of a higher class of citizens than the common militia compa
nies; but all the exemptions and powers prayed for, were pro
bably not granted; which was the occasion of the apparently
contradictory accounts given. The officers chosen by the com
pany, and the by-laws and regulations, were to be approved by
the governor and council: which shows how cautious the lead
ing men of Massachusetts were in granting power or exemptions
to any individuals or company. .Autographs of

^•- Uy^^

/di^-

APPENDIX. 439
See page 42. Several projects were contemplated in Eng
land, by the friends of arbitrary power and ofthe hierarchy, be
tween 1634 and 1638, to abridge the liberties ofthe people and
the authority of the colonial government. The jealousy of arch
bishop Laud, and other ecclesiastics, was alarmed by the opin
ions and conduct of the puritans. They often attempted to
bring them into an entire submission to the episcopal authority,
both in England and in Massachusetts.

See page 44. Mr. Dudley was quite a different character, in
some respects, from Governor Winthrop. His education was
less liberal, and his views and opinions, consequently, were less
catholic and elevated. He was one of the most zealous of the
magistrates, for the severe persecutions against all dissenters.
But very few, indeed, among the puritans of that day were truly
catholic in their sentiments, although professing to be protest
ants, and ready to suffer for the rights of conscience.

Seepage 45. The early statements, as to the number of ves
sels with passengers, from 16.30 to 1642, differ. One account is
198, and another 298. The latter is probably an error of press
or of a copyist.

See page 47. Settlements also began as early as 1643, at
Andover, Rowley, and Haverhill.

See page 61. The funds of the college were small for several
years; and the students so few, as that the tax for instruction
amounted to a trifling sum. The two first presidents suffered
very much. The following petition is given in proof of this.
Chauncey succeeded Mr. Dunster, who, when he left the presi
dency, (on account of his doubts as to the propriety of infant bap
tism) said he had not property to enable him to remove.
To the honoured governour of the Massichsets, John Endi
cot, Esqr., with the residue of the honoured bench of assistants,
and the honoured court of deputyes. The humble petition of
Charles Chauncey, President of Harvard Colledge, in Cam
bridge, as followeth: Whereas yr. petitioner hath continued
with much toyle and many grivances and temptations, in the
colledge about eight years, afl which time, his family being
great, the stipend aflowed him by fhe honoured court hath bene

440 APPENDIX.
insufficient for his comfortable subsistence, and the maintenance
of his family wth necessary supplyes of food and raiment; for
want whereof he hath bene forced to expende his owne estate
that he brought wth him; and is, besides, by this menes runne
fare into debt. And in regard that the piesident hath no fit
provision either of land to keepe one horse or cowe upon, or of
habitation to be dry and warme in; also seeing that there are
no colledges in one English universities, (wherein the petitioner
hath continued long) but that the presidents thereof, besides
their yearly stipend, are allowed their diet, with other necessa
ry provisions, according to their wants, your petitioner, with all
due observance, intreats the honored court not to take offence,
if necessity constraining, no redresse being made of such intol
erable grievances and temptations now suggested, he shall take
his liberty, upon opportunityes presented to embrace them,
though relinquishing his presidents place in the colledge.
He desires also that his petition may not be put by, as unrea
sonable, some other disappointments hindering before. So
shall your petitioner be further engaged to pray for the peace
of Jerusalem. Your Worships humbly devoted in the Lord,
Charles Chauncey.
June 6, 1663. We conceive the countrie have done honora
bly toward the recompence and encouragement of the petition
er, both for annual allowance and grant of land. And that his
parrikie with English colledges is not pertinent. And as for
other things respecting his removal, that it properly belongs to
the feofees ofthe colledge, and that it be referred to them.
Richard Rqssell.
Edward Johnson.
Joseph Hills.
The deputyes do not concur with the committee in answer
thereunto, but in regard of the present necessities of the peti
tioner doe judge meet that he be allowed five pounds a quarter
out ofthe country treasury, to supply his wants, and this to be
continued during the court's pleasure, with reference to the
consent of the honorable magistrates thereto.
William Torrey, Clericus
June 12, 1663. The magistrats consent not heereto.
Edward Rawson, Secretary.

See page 65. We give an address from the general court,
both to Oliver Cromwell, the protector, and to Charles II. on
his restoration to the throne They serve to illustrate the cha
racters ofthe peo;)le in the colony, and to elucidate the history
ofthe times. These papers are referred to, in the body of the
history ; the entire address may gratify some who shall peruse
ihe volume.

APPENDIX. 441
Letter from Governor Endecot and Deputy Governor Bel
lingham to Oliver Crornwell, the lord protector of England —
1655. May it please your highness,— Amidst the throng of impor
tunate suiters and oppressing multitude of occasions of concern
ment, to accept of our most humble, thankful acknowledgement
of your continued favors to us poor exiles, in these utmost ends
of the earth. We might account it no littie disadvantage,
whflst others have nearer access to your highness, and thereby
opportunity to testify their zeal for your service, that we by
our distance should be disenabled from giving any other demon
stration than an anniversary acknowledgement of our obliga
tion, were it not that your own goodness, under God, were the
fountain whence all these .streams of bounty have been derived
to us, whereby we are encouraged to hope, as we have good
cause to beseech, for the continuance thereof : the want where
of would be most prejudicial, if not destructive, to this colony,
where the endeavors of some may be to misinform your high
ness, by presenting complaints against us; we having none to
intercede for us, or truly lo represent to your highness in our
behalf. The consideration whereof, were not God our gracious
father in the Lord Jesus, would overwhelm us, did not the as
surance of your highness' clemency, patience and singular
affection support us — but that we may not seem to be wanting
in the defence of our own innocence, nor presume too far upon
your highness' indulgence, we have desired our loving and
honored friend. Captain John Leverett, to give your highness
a true account of all our actings; wherein your highness shall
see cause to require satisfaction; not doubting but the clearing
of our innocence will be most acceptable to your highness,
being confident no impression to the contrary will be received
before we have had opportunity to vindicate the same from any
aspersions that may occasionally be cast upon us. We dare not
presume to detain your highness from the care of more weighty
affairs, the prosperous success which is the daily prayer of your
highness most humble and devoted servants,
J. Endecot, Governor.
R, Bellingham, D. Governor.

See page 65. Address of the general court to king Charles
II. 1660.
To the high and mighty prince, Charles the second, by the
grace of God king of Great Britain, France, and Ireland, de
fender ofthe faith, &c.
Most gracious and dread sovereign, — May it please your ma
jesty, in the day wherein you happily say, you know you are
king over your British Israel, to cast a favorable eye upon youi'

449 APPENDIX.
Mephibosheth, (though, by reason of lameness in respect of dis
tance, not till now appearing in your presence,) we mean upon
New England, kneeling with the rest of your subjects before
your majesty, as her restored king. We forget not our inept-
ness as to these approaches: we at present own such impotence,
as renders us unable to excuse our impotency of speaking to
our Lord the King; yet contemplating such a king who also
hath seen adversity, that he knoweth the hearts of exfles who
himself hath been an exile, the aspect of majesty, extraordina
rily influenced, animateth exanimated out-casts, yet, as we
hope, out-casts for the truth, to make this address to their
Prince, hoping to find grace in your sight. We present this
script, the transcript of our loyal hearts, into your royal hands,
wherein we crave leave to supplicate your majesty, for your
gracious protection of us in the continuance both of our civil
and religious liberties, according to the grantees known end in
asking for the patent, conferred on this plantation by your royal
father. This, this, viz: our liberty to walk in the faith of the
gospel with all good conscience, according tO the order of the
gospel (to which the former in these ends of the earth is but
subservient) was the cause of our transporting ourselves, with
our little ones, and our substance, from that pleasant land over
the Atlantic ocean into this vast wilderness; choosing rather the
pure scripture worship, with a good conscience, in this remote
wilderness among the heathen, than the pleasures of England,
with submission to the impositions of the then so disposed and
so far prevailing hierarchy; which we could not do without an
evil conscience. Our witness is in heaven, that we left not our
native land upon any dissatisfaction, as to the constitution of
the civil state. Our lot, after the example of good old non
conformists, hath been only to act a passive part throughout
these late vicissitudes and successive overturning of states.
Our separation from our brethren in this desert hath been and
is a sufficient bringing to mind the afflictions of Joseph. But
providential exemption of us hereby from the late wars and
temptations of either party, we account as a favor from God;
the former clothes us with sackcloth, thfe latter with innocency.
Touching complaints put in against us, our humble request
only is, that for the interim, while we were dumb by reason of
our absence, your majesty would permit nothing to make an
impression on your royal heart against us, till we have both
opportunity and leave to answer for ourselves. Few but will
be innocent, said an impleader, if it be enough to deny: few wifl
be innocent, said the emperor, if it be enough to accuse.
Concerning the Quakers, open and capital blasphemers, open
seducers from the glorious Trinity, and from the Holy Scrip
tures as the sole of life, open enemies to the government as
here established, malignant and assiduous promoters of doctrines
tending directly to subvert both our church and state, after all

APPENDIX. 443
other means for a long time used in vain, we were at last con
strained, for our own safety, to pass a sentence of banishment
against them, on pain of death. — The Quakers died, not because
of their other crimes how capital soever, but upon their supera-
ded, presumptious and incorrigible contempt of authority,
breaking in upon us, notwithstanding their sentence of banish
ment made known to them. And, had they at last but promis
ed to depart the jurisdiction, and not return, we should have
been glad of such an opportunity to have said they should not
die. Let not the King hear men's words; your servants are true
men, fearing God and the King; not given to change, zealous
of government and order, and orthodox and peaceable in Israel.
We are not seditious, as to the interest of Cesar, nor scismat-
ics as to matters of religion; we distinguish between churches
and their impurity; between a living man, though not without
sickness or infirmity, and no man: irregularities in ourselves
and others we wish to have amended ; we could not live without the
public worship of God, nor permitted the public worship only
with such a yoke of subscription and conformity, we could not
consent to without sin. That we might therefore enjoy divine
worship withont human mixtures, without offence to God, man,
or our own consciences, with leave, but not without tears, we
departed from our country, kindred, and fathers' houses into
this Patmos; in relation whereto we do not say, that our gar
ments are become old by reason of the long journey, but that
ourselves, who came away in our strength, areby reason of long
absence most of us become grey-headed, and some of us stoop
ing for age. The omission of the aforementioned injunctions
with the way of our churches as to the point of order, the con
gregational way, we desire our orthodox brethren to bear with
us. Sire, We lie not before your sacred majesty. The Lord
God of Gods knoweth, and Israel shall know, if it were rebel
lion or schism that we wittingly left our dwellings in our own
country for dweflings in this strange land, save us not this day.
Royal Sir, If according to this our humble petition, the God
. of the spirits of all flesh, the Father of mercy who comforteth the
abject, shall make the permission ofthe bereavement of that all
(for which we have and do suffer the loss of all precious, so
precious in our sight) as that your royal heart shall be inclined
to shew to us the kindness ofthe Lord in your Highness' pro
tection of us in those hberties for which we hither came, which
hitherto we have here enjoyed, upon Hezekiah's speaking com
fortably to us, as sons, this orphan shall not continue fatherless,
but grow up as a revived infant under a nursing father; these
churches shall be comforted, a door of hope opened by so signal
a pledge ofthe lengthening of their tranquiflity; these poor
naked Gentiles, not a few of whom, through grace, are come

444 APPENDIX.
and coming in, shall stUI see their wonted teachers among
them, (with encouragement of a more plentiful increase ofthe
churches of Christ,) and the blessing ofthe poor, afllicted peo
ple, (trusting in God,) shall come on the head of the King, who
was sometime an exile, even as we are; with ihe religious stipu
lation of our prayers, we prostrate at your royal feet, beg pardon
for this emboldness, craving finally that our names raay be en
rolled among your Majesty's most humble subjects and suppli
ants. John Endecot, Governor.
In the name and by the order ofthe General Court of Massa
chusetts. Note. Supposed to be written by Rev. John Norton.
John Leverett, who was then agent for the colony in England,
was instructed at the time the foregoing address was forwarded
to king Charles, 1660, among other things, as follows, viz:
If the king or parliament should demand what those privileges
are which we desire the continuance of, your answer may be,
" All those which are granted us by our patent, and which we
have heretofore enjoyed, both in church and commonwealth;
without any other power -exercised over us, or any other in
fringement oT thern, which would be destructive of the ends of
our coming hither: as also that no appeal may be permitted
from hence, in any case, civil or criminal; which would be such
an intolerable and insupportable burthen, as the people of this
poor place (and at such a distance) are not able to undergo;
but would render authority and government vain and ineffectu
al, and bring us into contempt vvith all sorts of people. And if
you find the king and parliament propitious to us, to use your
utmost endeavors for renewing that ordinance which freed us
from customs."

See page 74. The people of that part of Maine called York
shire, were in a state of great confusion, for want of a regular
settled government; and some ofthe principal inhabitants made
application to the general court of Massachusetts to extend its
jurisdiction and authority over that territory, as it had formerly
done. A declaration or order was accordingly issued, in 1668,
requiring the people there fo yield obedience to the laws of
MassacViuselts; aad commissioners Were also appointed to keep
a court; viz. John Leverett, Edward Tyng, Richard Walchor,
and Robert Pike.
The Court's Order and Declaration for the Settlement and
Government in Yorkshire.
Whereas this colony of the Massachusetts, in observance of
the trust to them committed by his majesty's royal charter, with

APPENDIX. 445
the full and free consent and submission of fhe inhabitants of
the county of York, for sundry years did exercise government
over the people of that county; and whereas about three years
now past, some interruption hath been made to the peace of
that place and order there established, by the imposition of
some, who, pretending to serve his majesty's interest, with un
just aspersions and reflections upon this government, here estab
lished by bis royal charter, have unwarrantably drawn the in
habitants of that county to submission unto officers that have
no royal warranty, thereby infringing the liberty of our chaiter,
and depriving the people now settied of their just privfleges;
the effect whereof doth now appear to be not only a disservice
to his majesty, but also the reducing of a people, that were
found under an orderly establishment, to a confused anarchy:
the premises being duly considered, this court doth judge meet,
as in duty they stand bound to God and his majesty, to declare
their resolution again to exert their power of jurisdiction over
the inhabitants of the said county of York; and do hereby ac
cordingly, in his majesty's name, require all and every of the
inhabitants there settled, to yield obedience to the laws of this
colony, as they have been orderly published; and to all such
officers as shall be there legally established, by authority of his
majesty's royal charter, and the order of our commissioners,
whom this court hath nominated and impowered to seUle all
officers, necessary for the government of the people there, and
to keep a court this present summer, the first Tuesday in JTuly,
at Yorktown, as hath been formerly accustomed. The said
warrants to be directed unto Natlianiel Masterton, who is by
this court appointed the marshal of that court as formerly, and
by him, the said warrants are to be delivered to the several
constables, to be accordingly executed. A due observance
whereof, with an orderly return to be made to the court, to be
held as aforesaid, is hereby required of all persons, respectively
concerned, as they will answer the contrary at their perfl.
By the court. Edward Rawson, Secretary."
"To Major Gen. John Leverett, and Mr. Edward Ting;
Capt. Waldron, and Capt. Robert Pike.
" You are hereby authorized and required to repair to York,
in the county of Yorkshire, and there, you, or any two of you,
whereof Major Gen. Leverett shall be one, to keep a county
court, according as the law directs; and in case you meet with
any person or persons, under the pretence of any other author
ity, that shall swerve from the due obedience they owe to this
jurisdiction, under his majesty's royal charter, to which they
have submitted and engaged themselves, that you call before
you all such persons, and bring them to a due trial, and to
proceed to sentence, as the merit of their offences shall require.
" Furthermore, you are authorized and commissionated fo
55

446 APPENDIX.
establish and confirm all officers and commissioners, civil and
military, as you shall judge meet, for the security and preserv
ing of order and peace in the said courts of York. And for the
better enabling you to effect the same, you are hereby author
ized, from the date of these presents, fo act and do afl such
things, preparatory to fhe keeping of courts and settling of peace
in the said county, as in your discretions you shall judge meet.
And all officers, civfl and military, within this jurisdiction, and
all other inhabitants, are hereby required to be assistant unto
you, as the matter shall require; and you are to render an ac
count of what you shall do herein, to this court, at the ne.xt
session in October.''
1668, the commissioners reported, that they repaired to
York, as directed, where they were met by several justices of
the peace, who showed their commissions, and certain orders
from Colonel Nichols; and said there were but very few in the
town disposed to submit to Massachusetts. That they made
known their commission, at a public meeting, attended by dele
gates from five towns; (one being prevented by the justices
acting under authority from Gorges) that these justices attempt
ed to prevent the sitting of the court: and were thereupon
ordered into the care of the marshal. That a court was then
holden by them, and a grand jury duly empanneled: that they
appointed constables, and settled the militiary officers and train
bands, &c. The proceedings of the commissioners were ap
proved by the general court; and the jurisdiction of Massachu
setts was fully confirmed in that part ofthe country.

See page 86. Note "f" needs correction: none of the mem
bers ofthe council there mentioned were from New Hampshire.
, Usher and Whartson, as well as Joseph Dudley, Wait, Win
throp, Peter Bulkley, and Edward Tyng, were of Massachu
setts. Coggeshall, as well as Arnold, Clark, Smith and Newr
bury, was of Rhode Island: and Nathaniel Clark, of Plymouth,
was also one of Andros' council in 1686-7.

Seepage 116. Wflliam Bollan was the agent in England
from Massachusetts, for several years. Afterwards, in 1764,
'65, &c., Mauduit, Jackson and De Berdit, were employed as
agents ofthe general court: but Mr Boflan had the confidence
ofthe patriots in Massachusetts, and was consulted as late as
1766. Dr Frankfin was agent at a later period, 1774.

APPENDIX. 447
_ Seepages 175, 176. The replies ofthe house of representa
tives and ofthe councfl to the speech of Governor Bernard, are
deemed so important as to justify giving Ihem in fufl.
Answer of the House of Representatives, June 3, 1766.
"May it, please your excellency — The house of representa
tives 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 diffused a general joy
arnong all his Majesty's loyal and faithful subjects 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 ma
jesty's faithful subjects, however remote, are the objects of their
patronage and justice.
" When we reflect on the difficulties under which this import
ant business labored, and the causes from whence they arose
we are truly astonished that they have been surmounted; and
we gratefully receive the noble and generous efforts of those
illustrious patriots who have distinguished themselves in our
cause. Indeed, when we look back upon the many dano-ers
from which our country 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 admira
tion 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 excel
lency 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 of the general court, that this cannot be done
till a better temper and understanding shall prevail in general
than there seems to be at present. Though your excellency
has seen reason to form so unfavorable an opinion ofthe present
times, we beg leave, with all humility, to ask, whether so great
a liberality as you have shown, in your 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

448 APPENDIX.
cast reflections on either of the two houses, to whom your
speech was immediately 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 necessity, explicitly to declare to
your excellency, that no private resentments of ours have inter
mixed with popular discontent. We have no interest detached
from, or inconsistent with, the common good; we are far frora
having any ' ill purposes ' to execute, much less under the
' borrowed mask of patriotic zeal,' or any other hypoqritical
disguise. It has ever been our pride to cultivate harmony and
union, upon the principles of liberty and virtue, among the
several branches ofthe legislature, and a due respect and rever
ence for his majesty's representative in the province. We have
endeavored to solicit integrity and ability to the aid of the peo
ple, 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 respectacle characters, of
which you have had a 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 excellency; and upon this assurance we have rea
son 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 par
liament, have been desirous of viewing 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 recognise
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 ob
serving, that when you are speaking, as we conceive, of the
injustice done his honor the lieutenant governor, the last year,
your manner of expression would lead a stranger to think that
so horrid an act of villany was perpetrated by the body of this
people. The infatuation, you tell us, 'has been carried to such
a degree of injustice, that the principal object ofthe fury of the
people, was a gentleman to whom they were most highly indebt
ed, for his services in the very cause for which they rose against
him.' Your excellency, no doubt, means thatthe whole people,
and not a part only, were most highly indebted to this gentle
man 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

APPENDIX. 449
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 ' prevafling temper ofthe people;' that such was their 'vio
lent and precipitate measures,' and that a veil cannot, even now,
be drawn over so ' disgraceful a scene,' because the same tem
per among the people in general stfll prevails. There may, sir,
be a general popular discontent upon good grounds. The peo
ple 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 villians 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 reason 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 is a great measure deprived
ofthe public tribunals, and the administration of justice, and so
far thrown into a state of nature.*
" 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
maintaining the stamp act, and sorrow and concern to those
who procured its repeal; ' and when you tell us that 'the in
flammation 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 the 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 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 misin
formed 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 stfll exist in the
persons of some who have taken afl occasions from the just re
sentment ofthe people, to represent them as inflammatory, dis
affected, and disloyal. Should there be any persons so aban-
* The court had been suspended for some months.

450 APPENDIX.
doned, as to raake it the object of their policy, to inflame the
minds of the people against a wise, a good, a 'mild and mod
erate administration,' they may be assured ofthe severest cen
sures 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 partic
ular 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 'interupt the general harmony.' We 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 charges
against the two houses, and such as we humbly conceive, no
crowned head since the revolution has thought fit to bring against
the two houses of parliament. It seems to us to be little short, if
any thing, of a direct impeachment of the houses of high trea
son. Oppugnation ofthe 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 oppug
nation which we have been guilty of? We were, summoned
and convened, here to give our free suffrages at the general
election, directed to be annually made by the royal charter.
We have given our suffrages according to the dictates of our
consciences, and the best light of our understanding. It was
certainly our right to choose, and as clearly a constitutional
power in your excellency to disapprove, without assigning a
reason either before or after your dissent. Your excellency
has thought proper to disapprove of some. We are far even
from suggesting that the country has by this means been de
prived of its best and able servants. We have released those
of the judges ofthe superior court who had the honor of a seat
at the board, frora the cares and perplexities of politics, and
given them opportunity to make still farther advances in the
knowledge ofthe law, and to administer right and justice with
in this jurisdiction. We have also left other gentlemen more
at leisure to discharge the duties and functions of their import
ant 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 com
plained of by our constituents, and the redress of which sOtne
of us had special instruction, to endeavor at this very election
to obtain.

APPENDIX 451
" Your excellency is pleased to say, that only one of afl the
American petitions ' was well received and of real use in pro
ducing the repeal; ' that petition was forwarded from this prov
ince in season to be presented to the parliament, before the
stamp act was passed; by whose influence fhe 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 inquire. If it was so well received as your excel
lency 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 informed by our agent, Mr. Deberdt,
were early laid before the ministry, and were wefl received by
them. He tells us, that Mr. Secretary Conway kindly under
took to present that which was prepared 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 suppli
cation of his American subjects was graciously considered by
him ; and with regard to those to the two houses of parha
ment, one of them at least we know was highly approved of by
the chairman ofthe 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 attention
merely for want of form. In truth, sir, we look back with the
utmost pleasure upon the wisdom ofthe last house of represent
atives, in proposing such a union ofthe colonies; and although
some have taken great pains to lessen the weight and import
ance 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
opportunity shall offer to restore harmony and union to the pro
vincial councfls, you will most cordially embrace it.' The
tirne, 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 your speech should
have a contrary effect, as it will so far defeat our honest inten
tion, it will fill us 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 ofthe colonies to domes-
* Held at New York,* October, 1765.

452 APPENDIX.
tic peace and tranquillity wifl be the happy effect of the estab
lishment 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 fufl of grace and
truth." [This answer was prepared by T. Cushing, (the speaker) J.
Otis, S. Adams, Col. O. Partridge, Maj. Hawley, Mr. Saun
ders, and Mr. Dexter.]
Jlnswer of the Council to the Governor's Speech, June 7, 1766.
"May it please your excellency, — The board having taken
into consideration your two speeches, 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 pros
pect 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 America
have escaped, we assure your excellency, that nothing shall be
wanting on our part, which may contribute towards a proper
improvement of this happy event, and the promoting so desira
ble an object as domestic peace. From such a disposition, we
cannot but take notice, with regret, of any thing, which threat
ens 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 ofthe govern
ment, or the people, or both, as they do not deserve. When
your excellency is pleased to mention ' inflammations, distrac
tions, infatuations, 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 occasion. 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, demonstrates that our most gracious
sovereign, and the British parliament, knew how to distinguish
the complaints and dutiful remonstrances of loyal subjects, who
thought themselves aggrieved, from the violences of a profligate
rabble. Notwithstanding the intimations dropped from your
excellency, we are sure no ill temper generally prevails among
us; nothing can lead the parliament to repent its indulgence to

APPENDIX. 453
us; nothing that can afford just matter of triumph to those who
w( re 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 gov
ernment is attacked in form, when there is a professed intftntion
to deprive it of its best and most able servants, whose only
crime is their fidelity to the crown, I cannot be indifferent;
but find myself obliged to exercise every legal and constitu
tional power to maintain the king's authority against this ill-
judged and ill-timed oppugnation ofit.' 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, de
livered in a speech to both houses of assembly, and which the
world is left to place where it jfleases.
"Your excellency expressly says, there has been an attack
upon the government in form; and au ill-judged and ill-timed op
pugnation of the king's authority. A regard to our own char
acter, 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 disrespect to your excellency. Silence, upon
such an occasion, would merit the imputation, which some may
be ready, from your manner of expression, to lay upon us; and
would prove us equally unworthy ofthe choice which has been
made of us, and your excellency's approbation. Have, then,
the people of this province been guilty of an attack upon the
government in form, or of any oppugnation of the king's au
thority ? 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 subordination
to, the mother country, have given new and unaffected testi
mony that these happy dispositions have increased in all orders,
upon the indulgence granted to them. They have rejoiced,
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 waim
affection to the country from which they are derived, and by
which they have been protected and cherished. It has been no
small addition to the joy ofthe wise and sober upon the late great
occasion, that quite through the province good order and deco
rum have happily been preserved; and it is tothe honor of that
gracious prince, under whose government, all ranks among us
account themselves happy. And we think it of peculiar im
portance, at the present season, to the people of this province,
that they be viewed in this light. Your excellency will, there
fore, aflow us to bear this public testimony; a testimony which
56

454 . APPENDIX.
may perhaps appear the more disinterested, as it comes from
those who are not their mere immediate representatives. Iii
the above cited passage, and in a great part of your speech, if
your excellency had a particular reference 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 government, or an oppug
nation 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 the charter. No branch has
usurped, or interfered with, the right of another. Diversity of
sentiment respecting men and measures, and collisions of par
ties, are common in all free governments. Some elections have
been made, which your excellency has signified your disappro
bation of; and it has had its effect. But no one has called in
question your right to negative such elections, or opposed you
in the exercise of this branch of your authority. It would be
improper to deliver our opinion of the expediency of any in
stances in which your excellency and the two houses of assem
bly have exerted the several powers which respectively belong
to each. But we are obliged to assert, that nothing has taken
place but what has been constitutional and according to the
charter. And we are persuaded your exceflency, upon reflec
tion, wfll not think that an election duly made, though disagree
able 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 attempted, your excellency
would find this board zealous to defend our sovereign's honor
and the constitutional power of his representative. 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 in 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, accom
panying your second speech from the chair, affords us a most
agreeable occasion of repeatedly declaring the strong senti
ments 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 colonies, and
the prospect given us of some additional indulgences; for all
which it will be our pleasure, as if must be our glory, lo make
the most dutiful and affectionate returns. These are the dis
positions 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
dispositions- we shall continue to act.

APPENDIX. 455
" There are several paragraphs in your excellency's speeches,
which have been construed to bear hard on the gentlemen, who
now constitute this board; but your explanation of them in
council, 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, snd in making every part of your
administration 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 recognising your excel
lency 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 com
mittee who presented it, were W. Brattle, G. Bradford, T.
Flucker, J, Powell, and J. Pitts.]
We also add here the vote of thanks, adopted in the house of
representatives, June, 1766, to Mr. Pitt and others, members of
the administration and of parliament, in England, for their in
fluence in obtaining a repeal of the stamp act, which was so
very obnoxious to the people of Massachusetts. And the an
swers of several of the noblemen, to whom the vote of thanks
was sent.
Vote oj Thanks ofthe House of Representatives to divers noble
men and gentlemen, in England, for their efforts in procuring a
repeal ofthe 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 Graf
ton, one of his majesty's principal secretaries of state, &c., for
his noble and generous patronage ofthe British colonies. And
that a copy of this vote be transmitted to his grace, in the most
respectful manner, by the speaker.
The house also unanimously passed a vote of thanks, in the
same tenor, severally to.
His grace, Phflip Dorsett, Eari of Chesterfield, Lord Stari-
hope; his grace, Thomas Pelham, Duke of Newcastie; his

456 .\PPENDIX.
grace, Charles, Duke of Richmond; the right honorable Robert
Earl, of Northington, Lord High Chancellor of Great Britain;
the right honorable Henrv Seymore Conway, Esq., one of his
majesty's principal secretaries of state; the right honorable
CharlesWatson, Marquis of Rockingham, first lord commissioner
of his majesty's treasury; the right honorable George Onslow;
the right honorable Charles Townsend; the right honorable
William, Earl of Shelburne; the right honorable Charles, Earl
of Campden; fhe right honorable William, Earl of Dartmouth;
the right honorable John, Earl of Egmont; the right honorable
George, Duke of Pomfret; the right honorable Vere Poulett,
Earl Poulett; the right honorable George, Lord Edgcombe;
the right honorable William Dowdeswell, Esq., chancellor of his
majesty's exchequer; Sir George Saville, Baronet, member of
parliament, for Yorkshire; Sir William Meredith, Knight,
member of parliament, for Liverpool; the right honorable Ar
thur Onslow, Esq.; the honorable George Howard, Esq.,
member of parliament, and general in his majesty's army; the
honorable Isaac Barre, Esq., member of parliament, and colonel
in his majesty's army; Sir William Baker, Knight, member of
parliament; and George Gook, Esq., member of parliament.

Answer of Mr. Piil, (Earl of Chatham): "The honor of
your letter, communicating to me a public testimony of so high
a nature, found me in a severe fit of the gout, which long dis
abled rae from using my hand. Give me leave now to offer my
humble acknowledgments, and to assure you, that though late,
they are not less warmly dictated by a sense of respectful grati
tude towards the house of representatives of Massachusetts.
They wfll allow me to add, that I shafl always esteem myself
particularly fortunate, whenever the just discharge of my duty
here, meets with approbation in America."

Duke of Richmond : — " Permit me lo desire that you would
make known to the house of representatives, the high sense I
have of fhe honor they have done me in fhe vote of thanks
which you transmitted me. Such a mark of their approbation
of my conduct in relation to the British colonies, is very flat
tering to me. For though I can claim no other merit than that
of heartily concurring in the important points which were so
resolutely carried through by the administration; yet it is a
great satisfaction to me to find, that I was right in my persua-
,=jion, that those measures would not only restore tranquillity to
jhe colonies, hut produce great benefit to them and returns of

APPENDIX. 457

gratitude to the mother country. In whatever station I may
be. It will be my wish to see the prosperity of his Majesty's
American dominions rise to the greatest height, both on their
account, and because of the advantages that must necessarily
resuU from thence to the mother country."

Of Duke of Newcastle : — " Nothing does me greater honor,
or gives me more satisfaction, than to find that my endeavors
for his majesty's service, for the honor, prosperity and welfare
of all his dominions, meet with the approbation of those con
cerned in them. It has always been my utmost endeavor, dur
ing the long course of my being in the service of the pubfic, to
promote, to the best of my abflities, the true interest of his
majesty, his royal family, and, as essential to it, the welfare
and prosperity of all the British colonies, and their happy con
nexion with the mother country, so necessary to both. It was
with great pleasure, that I saw his majesty and his parliament
had thought proper to remove some inconveniences, which I
always feared might prove prejudicial to both. And nothing
gives me more comfort than to find that those measures have
met with the proper returns to the king, and a due sense of
their obligations to their mother country. As these have been
the motives of my conduct, the colonies may depend, that in
whatever station I am, I shall always act on the same princi
ples."

Of Lord Shelburne: — "I have had the honor to receive a vote
of the house of representatives, approving my conduct at the
last session of parliament. I beg you to assure the house, that
I esteem their approbation a very great honor, and of my sin
cere wishes for the prosperity and welfare ofthe province."

Of Lord Edgcombe: — " 1 am as sensible ofthe little claim I
have to so distinguished a mark of their favor (the house of
representatives &s I am of the honor it does me to receive it;
and 1 hope no conduct of mine will ever give them cause to
change the favorable opinion they have been pleased to enter
tain of me; as no man wishes more sincerely a perfect harmony
between the mother country and her colonies, or will be more
ready to promote the real interest of both."

458 APPENDIX.
Of Lord Poulett: — " If any thing could add tothe satisfac
tion which I have all along found in defending, to the utmost
of ray ability, the rights and privileges ofthe colonies, it is fhe
public mark of favor, which you have been pleased to transmit
me, by order of your assembly, signifying their approbation of,
my conduct. At the same time, I must confess it was no more
than the duty I owed to our mother country required of me,
whose interests are so closely interwoven with her colonies,
that I cannot look upon them in any other light than as insepa
rable. Permit me to return the assembly my sincere thanks
for the honor they have conferred on me, and to assure them
that I can never consider myself as a friend to Great Britain,
without being a friend to them. Fixed in these sentiments, I
conclude with a most earnest prayer that Great Britain and her
colonies, in future, may never have any jarring interests."

Of Sir J. Saville: — " I beg you to express for me the high
sense 1 have ofthe honor done me by the public approbation of
the house of representatives, of my conduct in the late impor
tant measures — the manner of doing this, I leave with you,
only requesting, that it may be such as best to testify my regard
and respect for the house, the value 1 set on their approbation,
and the zeal I shall always retain for the true interests of Great
Britain and her colonies. I conceive their interests to be so
inseparable, that it is impossible to lose sight of the one, if one
truly consults the other. And I persuade myselfyou will agree
with me in thinking, that whoever inculcates a contrary doc
trine, must be at least a sadly mistaken friend to one, if not
indeed a fatal enemy to both."

Of Hon. George Howard: — "I can safely aver that the prin
ciples I acted upon were dictated by the real sentiments of my
heart. I shall ever retain the most grateful and lively sense of
so flattering a distinction, which will not fail to produce one of
the most pleasing recollections of my life. I beg you to assure
the house of the sincerity of these sentiments, and that I shall
always be most anxious fo promote and cement, as far as I am
able, the united interests of Great Britain and her colonies."

Of George Cook, Esq.: — " I beg fhe favor of you, sir, to re
turn my grateful thanks to the house, and to assure them of my
constant attention to the welfare and support of the British co
lonies, and of their rights and privfleges ; and that I have re-

APPENDIX. 459
ceived this signal mark of their esteem, with the more satisfac
tion, as it flows from the representatives of loyal and free sub
jects."

Of Mr. Dowdeswefl, Chancellor ofthe Exchequer: — "Let me
beg you,, to assure the house of representatives, ofthe grateful
sense 1 have ofthe favorable opinion they are pleased to enter
tain of me, and that I shall always esteem it my duty to promote,
as far as my poor abilities will enable me to do it, the general
interests of Great Britain and her colonies."

Of General Conway: — " I beg you to assure the house of
representatives, that I am truly sensible of this great honor con
ferred on me, and that I shall always be happy, when my pub
lic conduct may be thought, in any degree, to merit the appro
bation of so respectable a body."

" Of J. Barre, Esq. :- — " It gives me the greatest pleasure to
find that my poor endeavors in pariiament have been thought
deserving the public approbation of so respectable a body. I
am highly sensible of the honor they have done me, and beg
you to assure them that 1 shall seize every occasion to promote
the interests of the colonies, and to cultivate that union and
harmony, which at present so happily subsists between them
and the mother country."

The agent of the province in England, wrote to the speaker
of the house of representatives, that Lord Stanhope, and Mr.
speaker Onslow were much pleased with the vote of thanks;
and that their hearts were warm in the cause of America : and
thatthe speaker (Mr. Onslow,) desired him to assure the house
that he esteemed it the highest favor which could be conferred
on him.

Address of Thanks from ihe 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 sub
jects, the representatives of your province of Massachusetts Bay,

460 APPENDIX.
in New England, under the deepest sense of duty and loyalty,
beg leave humbly fo approach the throne, and to express their
warmest gratitude, that your majesty has been pleased, in par
liament, to give your royal assent to the repeal ofthe American
stamp act.
This is a repeated instance of your royal cleme/icy, and
affords a fresh and affecting testimony of your majesty's un
remitted and indulgent attention to the welfare and happiness
of all your subjects.
Your majesty will allow us, with the greatest grief and anxi
ety, to express our apprehension, that your American subjects
may have been represented to your parliament as having mani
fested some kind of disaffection to their constitutional depend
ence on the parent country; and as disposed to take occasion
from the lenity and tenderness of your majesty and the parlia
ment, to abate of their respect and submission to the supreme
legislative authority of Great Britain.
Permit us, with all humility, to assure your majesty of the
great injustice of any such representations. Your subjects of
this province, and we doubt not of the whole continent of
America, are too sensible of the blessings they enjoy under
your mild and gracious government, to admit the idea of such
a temper and conduct, without abhorrence. They esteem
their connexion with their fellow subjects in Great Britain, and
a constitutional subordination to your parliament, their great
privilege and security. Happy in the full possession of our
rights and liberties under your majesty's propitious government,
we never can be wanting in returns of duty and the most grate
ful affection.
Such, may it please your majesty, are our dispositions; and
we beg leave to assure your majesty, that we shall ever esteem
it our glory to cultivate, as far as our influence may extend, all
sentiments of loyalty and affection to your majesty's personal
government, 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. Cushing,) Mr. Otis, Mr. Worthington, Mr.
Adams, Mr. Dexter, and O. Partridge.]

See page 207. It was Edward Payne, and not Edward Davis,
who was on the committee mentioned in the note.

APPENDIX. 461
• See page 231. The friends of Governor Hutchinson believed
that Governor Pownall furnished Dr. Franklin with these letters.
Pownall and Hutchinson were not political friends. The oi-
mer was more popular in Massachusetts : and he had intrigued
against Governor Shirley in 1757-8. What his object could be
in opposing Governor Hutchinson does not appear.

See page 243.
The following, with others, were on the grand jury, for Suffolk
county, which declined acting
Ebenezer Hancock
Paul Revere.
Peter Boyer
Thomas Pratt.
Joseph Hall.
Lemuel Kollock.
James Ivers.
Thomas Crafts, Jr.
Samuel Hobart.
Nathaniel Bullard.
The Petit Jurors were : —
Josiah Waters.
Nathan Frazier
Robert Wyer.
John Cunningham.
Bartholomew Kneeland.
Timothy Tilestone.
Jacob Sharpe.
Theodore Mann.
James Blake.
Elias Thayer.
Nathaniel Lewis, &c.

Seepage 244. Whereas the power but not the jtistice, the
vengeance but not the wisdom of Great Britain, which of gld
persecuted, scourged and exiled our fugitive parents frorn their
native shores, now pursue us, their gufltless children, with mi-
relenting severity — and whereas this, then savage and unculti
vated desert was purchased by the toil and treasure, or acquired
by the blood and valor of those our venerable progenitors— to
us they bequeathed the dear-bought inheritance; to our care
57

462 APPENDIX.
and protection they consigned it ; and the most sacred obligar
tions are upon us to transmit the glorious purchase, (unfettered
by power, unclogged by shackles,) to our innocent and beloved
offspring. On the fortitude, on the wisdom, and on the exer
tions of this important day, is suspended the fate of this new
world, and of unborn millions. If a boundless extent of conti
nent, swarming with millions, will tamely submit to live, move
and have their being at the arbitrary will of a licentious minis
try, they basely yield to voluntary slavery; and future genera
tions will load their memories with incessant execrations. On
the other hand, if we arrest the hand which would rifle our
purses, if we disarm the parricide who points the dagger to our
bosoms, if we nobly defeat that fatal edict which proclaims a
power " to frame laws for us in all cases whatever, " thereby
entailing the endless and numberless curses of slavery upon us,
our heirs and their heirs forever, — if we successfully resist that
unparalleled usurpation of unconstitutional power, whereby our
capital is robbed of the means of life ; whereby the streets of
Boston are thronged with mflitary executioners ; whereby
our coasts are lined and harbors crowded with ships of war;
whereby the charter ofthe colony, (that sacred barrier against
the encroachments of tyranny) is mutilated, and in effect anni
hilated; whereby a murderous law is framed to shelter villains
from the hands of justice; whereby the unalienable and inesti
mable inheritance, which we derived from nature, and the consti
tution of Britain, and which is warranted to us in fhe charter
ofthe province, is totally wrecked, annulled and vacated; pos
terity will gratefully acknowledge that virtue which preserved
them free and happy. And, while we enjoy the blessings and
the rewards of the faithful, the torrent of panegyric will roll
our reputations to that latest period, when the streams of time
shall be absorbed in the abyss of eternity.
Note. The foregoing has generally been attributed to the
pen of Gen. Joseph Warren; as well as the resolutions which
followed. But some have supposed that the writer was Dr.
Benjamin Church. Resolves.
We, the heirs and successors ofthe first planters of this colo
ny, do cheerfully acknowledge his majesty, George the Third,
King of Great Britain, to be our rightful sovereign, and that our
patent from a former king of England is the tenure and claim,
on which are founded our allegiance and submission.
Second. That it is an indispensable duty which we owe to God,
our country, ourselves and posterity, by all lawful ways and
means in our power, to maintain, defend, and preserve those
civil and religious rights and liberties, for which many of our

APPENDIX. 463
fathers fought, bled, and died; and to hand them down entire
to future generations.
Third. That the late acts of tho British parliament, for block
ing up the harbor of Boston, and for altering the established form
of government in this colony, and for screening the most flagi
tious violators ofthe laws ofthe province from legal trial, — are
gross infractions of those rights, to which we are justly entitled,
by the laws of nature, the British constitution and the charter of
the province.
Fourth. That no obedience is due from this province to
either or any part of the acts above-mentioned; but that they
be rejected, as the attempts of a wicked administration to enslave
America. Fifth. That so long as the justices ofthe superior court, or
of the inferior courts of pleas are appointed and hold their
places by any other tenure than that which the charter and laws
of the province direct, they should be considered as under un
due influence; and are therefore unconstitutional officers, and
as such no regard ought to be paid to them by the people.
Sixth. That if the justices of said courts shall sit and act
during their present disqualified state, this county will support
and bear harmless all sheriffs, constables, jurors and other offi
cers, who shall refuse to execute the orders of said courts.
And it is earnestly recommended to all creditors to exercise afl
reasonable and generous forbearance to their several creditors,
and to debtors, to discharge their just debts, with all possible
speed; and we also advise all to submit their disputes to arbi
trators. Seventh. That all collectors of taxes be advised to retain
the public moneys in their hands until the civil government
ofthe province is placed on constitutional ground, or till other
wise ordered by the proposed provincial congress.
Eii'hth. That those who have accepted seats at the council
board, by virtue of a mandamus from the king and according
to the late act of parliament for regulating the government of
the Massachusetts Bay, have acted in direct violation of their
duty to their country, and have thereby given great and just
offence to this people — and that all who do not immediately re
sign their places at the board, be considered as obstinate and
incorrigible enemies ofthe province.
Ninth. That the fortifications began and now erecting on
Boston Neck are justly alarming to this country, and give us
reason to apprehend some hostile intention against that town.
Tenth. That as our enemies have flattered themselves that
they shall make an easy prey of this brave and hardy people,
from a belief that they are ignorant of military discipline; we
therefore, for the honor, defence and security of this county and
province, advise, (as it has been proposed to take away the

464 APPENDIX.
commissions of officers of the militia) that those who now hold
commissions, and such others as are worthy and friends of the
rights of the people be elected by the militia, in the several
towns, and that all the citizens who are qualified use their
utmost diligence to acquaint themselves with the artof war, and
do meet for that purpose, at least once a week.
Eleventh. That during the present hostfle appearance on the
part of Great Britain, notwithstanding the many insults and op
pressions, which we most sensibly resent ; yet, nevertheless,
from affection to his majesty, which we have at all times cher
ished, we will act merely on fhe defensive, so long as such con
duct may be vindicated by reason and the principles of self-pre
servation, and no longer.
Twelfth. That as we understand il is intended to apprehend
sundry persons of this county who have rendered themselves
conspicuous in contending for the violated rights and liberties of
their country, we do recommend, if such an audacious measure
should be put in practice, to seize and keep in safe custody
every servant of the present tyrannical and unconstitutional
government in the county and province, till the persons so ap
prehended be liberated, and be restored safe and uninjured to,
their friends and families.
Thirteenth. That the exigencies of our public affairs demand
that a provincial congress be called, to concert such measures
as may be adopted and vigorously prosecuted by the whole peo
ple; and we do recommend it to the several towns in this coun
ty to choose members for such a provincial congress, to be
holden at Concord on the second Tuesday of October.
Fourteenth. That confiding in the wisdom and integrity of
the continental congress, now sitting in Philadelphia, we will
pay all due respect and submission to the measures recommend
ed by them to the colonies, for the restoration and establish
ment of our just rights, civil and religious, and for renewing
that harmony and union between Great Britain and the colo
nies, so earnestly desired by all good men.
Fifteenth. That, whereas the universal uneasiness which
prevails among all orders of men, arising from the wicked and
oppressive raeasures of the present administration, may influ
ence some unthinking persons to commit outrages on private
property, we would earnestly recommend to afl persons of the
community, not to engage in any routs, riots, or licentious at
tacks on the property of any persons whatever; as being sub-
vevb-.ive of all order and government; but by a steady, manly,
uniform and persevering opposition, to convince our enemies,
that, in a contest so important, in a cause so solemn, our con
duct shall be such as to merit the approbation of the wise and
good, and the admiration of the brave and free, of every age
and every country.

APPENDIX. 465
Seepage 265. John Adams was appointed first, or chief
justice ofthe superior court in November, 1775. This appoint
ment has not been usually noticed, in the accounts published
of justices of that court in Massachusetts. It does not appear
that Mr. Adams declined immediately, as Mr. Paine and Mr.
Reed did. But his duties, as a member ofthe continental con
gress, did not permit him to give much time to his office as
judge; and sometime in 1776 he resigned it.

See page 277. A Constitution and form of government for
the Slate of Massachusetts Bay, agreed upon by the convention
of said slate, February 28, 1778; to be laid before the several
towns and plantations in the state, for their approbation or dis
approbation. State of Massachusetts Bay,
In Convention, February 28, 1778.
Whereas, upon the declaration of independence, made by
the representatives of the United States, in congress assem
bled, by which all connexions between the said states and
Great Britain were dissolved, the general assembly of this state
thought it expedient, that a new constitution of government for
this state should be formed; and, apprehending that they were
not invested with sufficient authority to deliberate and deter
mine upon so interesting a subject, did, on the fifth day of
May, 1777, for effecting this valuable purpose, pass the follow
ing resolve:
"Resolved, That it biC, and hereby is recommended to the
several towns and places in this state, empowered by the laws
thereof, to send members to the general assembly, that, at their
next election of a member or members to represent them, they
make choice of men, in whose integrity and ability they can
place the greatest confidence; and, in addition to the common
and ordinary powers of representation, instruct them with full
powers, in one body with the council, to form such a constitu
tion of government as they shall judge best calculated to pro
mote the happiness of this state; and when completed, to cause
the same to be printed in all the Boston newspapers, and also
in handbills, one of which to be transmitted to the selectmen of
each town, or the committee of each plantation, to be by them
laid before their respective towns or plantations, at a regular
meeting ofthe inhabitants thereof, to be called for that purpose,
in order to its being, by each town and plantation, duly consid
ered, and a return of their approbation or disapprobation to be
made into the secretary's office of this state, at a reasonable
time, to be fixed upon by the general court; specifying the

466 APPENDIX.
numbers present at such meeting voting for, and those voting
against the same; and, if upon a fair examination of said returns,
by the general court, or such a committee as they shall appoint
for that purpose, it shall appear, that the said form of govern
ment is approved of by at least two thirds of those who are free,
and twenty-one years of age, belonging to this state, and pre
sent in the several meetings, then the general court shall be
empowered to establish the same as the constitution and form
of government ofthe state of Massachusetts Bay; according
to which the inhabitants thereof shall be governed in all suc
ceeding generations, unless the same shall be altered by their
express direction, or at least two thirds of them. And it is fur
ther recommended to the selectmen ofthe several towns, in the
return of their precepts for the choice of representatives, to
signify their having considered this resolve, and their doings
thereon: "
And whereas the good people of this state, in pursuance ofthe
said resolution, and reposing special trust and confidence in the
council and in their representatives, have appointed, author
ized, and instructed their representatives, in one body with the
council, to form such a constitution of government as they shall
judge best calculated to promote the happiness of this state, and
when completed, to cause the same to be published for their
inspection and consideration:
We, therefore, the council and representatives of the people
ofthe state of Massachusetts Bay, in convention assembled, by
virtue of the power delegated to us, and acknowledging our
dependence upon the Allwise Governor of the universe for
direction, do agree upon the following form of a constitution of
government for this state, to be sent out to the people, that
they may act thereon, agreeably to the aforesaid resolve.
I. There shall be convened, held, and kept, a general court,
upon the last Wednesday in the month of May of every year,
and as many other times as the said general court shall order
and appoint: which general court shall consist of a senate and
house of representatives, to be elected as this constitution here
after directs.
II. There shall be elected annually a governor and lieutenant
governor, who shall each have, by virtue of such election, a
seat and voice in the senate; and the style and title ofthe gov
ernor shall be His Excellency ; and the style and title ofthe
lieutenant governor shall be His Honor.
III. No person shall be considered as qualified to serve as
governor, lieutenant governor, senator or representative, unless
qualified respectively at the time of their several elections as
follows, viz: The governor and lieutenant governor shall have
been inhabitants of this state five years immediately preceding
the time of their respective election; the governor shall be pos-

APPENDIX. 467
sessed, in his own right, of an estate of the value of one thou
sand pounds, whereof five hundred pounds value, at the least,
shall be in real estate, within this state; the lieutenant gover
nor shall be possessed, in his own right, of an estate of the
value of five hundred pounds, two hundred and fifty pounds
thereof, at the least, to be in real estate, within this state: a
senator shall be possessed, in his own right, of an estate to the
value of four hundred pounds, two hundred pounds thereof, at
the least, to be in real estate, lying in the district for which he
shall be elected. A representative shall be possessed, in his
own right, of an estate to the value of two hundred pounds, one
hundred pounds thereof, at the least, to be in real estate lying
in the town for which he shall be elected. Senators and rep
resentatives shall have been inhabitants of districts and towns
for which they shall be respectively elected, one full year im
mediately preceding such election; provided, that when two or
more towns join in the choice of a representative, they may
choose an inhabitant of either of said towns, being otherwise
qualified as this article directs.
IV. The judges of the superior court, secretary, treasurer
general, commissary general, and settled ministers of the gos
pel, while in office; also all military officers, while in the pay
of this or the United States, shall be considered as unqualified
for holding a seat in the general court; and the judges and re
gisters of probate, for holding a seat in the senate.
V. Every male inhabitant of any town in this state, being
free and twenty-one years of age, excepting negroes, Indians,
and mulattoes, shall be entitled to vote for a representative or
representatives, as the case may be, in. the town where he is
resident; provided he has paid taxes in said town (unless by
law excused from taxes) and been resident therein one full
year, immediately preceding such voting, or that such town has
been his known and usual place of abode for that time, or that
he is considered as an inhabitant thereof: and every such inhab
itant qualified as above, and worth sixty pounds clear of all
charges thereon, shall be entitled to put in his vote for gover
nor, lieutenant governor, and senators: and all such voting for
governor, lieutenant governor, senators, or representatives, shall
be by ballot, and not otherwise.
VI. Every incorporated town within this state shall be enti
tled to send'one representative to the general court: any town
having three hundred voters may send two; having five hundred
and twenty voters may send three ; having seven hundred and
sixty may send four; and so on, making the increasing number
necessary for another meraber, twenty more than the last imme
diately preceding increasing number, till the whole number of
voters in any town are reckoned. And each towii shafl pay the
expense of its own representative or representatives; and the

468 APPENDIX.
inhabitants of any two or more towns, who do not incline to
send a representative for each town, may join in the choice of
one, if they shall so agree.
VII. The selectmen of each town shall some time in the
month of April, annually, issue their warrant or warrants, under
their hands and seals, directed to some constable or constables,
within their towns, respectively, requiring him or them to no
tify the inhabitants qualified to vote for a representative, to
assemble in some convenient place in such town, for the choice
of some person or persons, as fhe case may be, to represent
them in the general court the ensuing year: the time and place
of meeting to be mentioned in the warrant or warrants for call
ing such meeting, And the selectmen of each town respect
ively, or the major part of them, shall make return of the name
or names of the person or persons elected by the major part of
the voters present, and voting in such meeting, to represent
said town in the general court the ensuing year, into the secre
tary's office, on or before the last Wednesday of May then next
ensuing: and when two or more towns shall agree to join for
such choice, the major part of the selectmen of those towns
shall, in the manner above directed, warn a meeting to be held
in either of the said towns, as they shall judge most convenient,
for that purpose, and shall raake returns as aforesaid, of the
person chosen at such meeting.
VIII. The number of senators shall be twenty-eight, (exclu
sive of the governor and lieutenant governor) their election
shall be annual, and from certain districts, into which the state
shafl be divided, as follows, viz: The middle district to contain
the counties of Suffolk, Essex, and Middlesex, within which
ten senators shall be elected: the southern district to contain
the counties of Plymouth, Barnstable, Bristol, Dukes county
and Nantucket, within which six senators shall be elected: the
western district to contain the counties of Hampshire, Wor
cester, and Berkshire, within which eight senators shall be
elected: the northern district to contain the counties of York
and Cumberland, within which three shall be elected: the east
ern district to contain the county of Lincoln, within which one
shall be elected. And as the numbers of inhabitants in the
several districts may vary, from time to time, the general
court shall, in the way they shall judge best, some time in the
year one thousand seven hundred and ninety, and once in
twenty years ever after, order the number of the inhabitants of
the several districts to be taken, that the senators may be ap
portioned anew to the several districts, according to the num
bers of the inhabitants therein. And the general court may, at
such new appointment, increase the number of senators to be
chosen as they may see fit; provided that the whole number
shall never exceed thirty-six, exclusive of the governor and
lieutenant governor.

APPENDIX. 469
j"^" "^^^ inhabitants of the several towns in this state, quali
fied as this constitution directs, shafl, on the first Wednesday in
the month of November, annually, give in their votes in their
respective towns, at a meeting which the selectmen shall cafl
for that purpose, for senators for the year ensuing tho last
Wednesday in May then ne.xt. The votes shall be given in for
the members of each district separately, according to the fore
going apportionment, or such as shall be hereafter ordered; and
the selectmen and town clerk of each town shall sort and count
the votes, and, by the third Wednesday in December then
next, transmit to the secretary's office, a list certified by the
town clerk of all the persons who had votes as senators for each
district at such meeting, and the number each person had, af-
fi.xed to his name. The lists, so sent in, shall be examined by
the general court at their then next silting, and a list for each
district of those voted for, to the amount of double the number
assigned such district (if so many shall have votes) taking those
who had the highest numbers, shall be made out and sent by
the first of March, then next after, to the several towns of this
state, as a nomination list, from which said towns shall, at their
meetings for the choice of governor in the month of May, vote
for the senators assigned the respective districts; which votes
shall be counted and sorted and lists certified as before direct
ed, made out and sent in to the secretary's office, by ten
o'clock in the forenoon of the last Wednesday in said May,
and not afterwards; which lists shall be examined by the house
of representatives for the first time of the election of senators,
and ever afterwards by the senate and house of representatives
on said last Wednesday of May, or as soon after as may be;
and those persons, in each district, equal to the number assign
ed such district, who have the greatest number of votes, shall
be senators for the ensuing year, unless it shall appear to the
senate that any member or members thereof were unduly elect
ed or not legally qualified; of which the senate shall be the
judges. And the senate, when so constituted, shall continue in
being till another senate is chosen, and the members thereof
gone through all the steps necessary to qualify them to enter on
the business assigned them by this consiitution.
X. There shall be forever hereafter, on the first Wednesday
in the month of May annually, to be held, in each town in this
state, a meeting of tiie inhabitants of such towns respectively,
to give or put in their votes for governor, lieutenant governor,
and senators; which meeting the selectmen shall cause lo be
notified in the manner before directed for the meeting for tho
choice of representatives: and lbs town clerk shall return into
the secretary's office by ten o'clock in the morning of the last
Wednesday of said May, and not afterwards, an attested copy
of all the persons who had votes for governor and lieutenant
58

470 APPENDIX.
governor respectively, certifying the number of votes each per--
son so voted for had; which lists shall be, on said last Wednes
day of May, or as soon after as may be, examined by the sen
ate and house of representatives; and the persons who, on such
examination, shall appear to have the greatest number of votes
for those offices respectively, provided it be a majority of the
whole number, shall be by the two bouses declared governor
and lieutenant governor, and entitled to act as such the ensuing
year: and if no person shall have such majority for governor
and for lieutenant governor, the senate and house of represent
atives shall, as soon as may be, after examining said lists, pro
ceed by joint ballot to elect a governor or lieutenant governor,
or both, as the case may require, confining themselves to one
of those three who had the greatest number of votes collected
in the several towns for the office lo be filled.
XI. If any person chosen governor, lieutenant governor,
senator, or representative, whose qualifications shall be ques
tioned by any one member of the senate or house of represent
atives, within twenty-four days after his appearing to enter upon
the execution of his office, shall not make oath before a senator,
the speaker of the house of representatives, or some justice of
the peace, that he is qualified as required by this constitution,
and lodge a certificate thereof in the secretary's office, within
ten days after notice given him of such questioning by the sec
retary, whose duty it shall be to give such notice, his election
shall be void; and any person claiming privilege of voting for
governor, lieutenant governor, senators, or representatives, and
whose qualifications shall be questioned in town meeting, shall
by the selectmen be prevented from voting, unless he shall
make oath that he is qualified as this constitution requires; said
oath to be administered by a justice of the peace, or the town
clerk, who is hereby empowered to administer the same, when
no justice is present.
Xil. Whenever any person who may be chosen a member
ofthe senate shall decline the office to which he is elected, or
shall resign his place, or die, or remove out of the state, or be
any way disqualified, the house of representatives may, if they
see fit, by ballot, fill up any vacancy occasioned thereby, con
fining themselves in the choice to the nomination list for the
district to which such member belonged whose place is to be
supplied, if a sufficient number is thereon for the purpose; oth
erwise the choice may be at large in said district.
XIII. The general court shall be the supreme legislative
authority of this state, and shall accordingly have full power
and authority to erect and constitute judicatories and courts of
record, or other courts; and, from time to time, to make and
establish all manner of wholesome and reasonable orders, laws,
and statutes; and also for the necessary support and defence of

APPENDIX. 471
this government, they shall have full power and authority to
levy proportionable and reasonable assessments, rates and tax
es; and to do all and every thing they shall judge to be for the
good and welfare of the state, and for the government and or
dering thereof; provided nevertheless, they shall not have any
power to add to, alter, abolish, or infringe any part of this con
stitution. And the enacting style in making laws shall be " by
the senate and house of representatives in general court assem
bled, and by the authority of the same."
XIV. The senate and house of representatives shall be two
separate and distinct bodies, each to appoint its own officers,
and settle its own rules of proceedings; and each shall have
an equal right to originate or reject any bill, resolve or order,
or to propose amendments to the same, excepting bills and re
solves levying and granting money or other property of the
state, which shall originate in the house of representatives only,
and be concurred or non-concurred in whole by the senate.
XV. Not less than sixty members shall constitute or make a
quorum ofthe house of representatives; and not less than nine
shall make a quorum ofthe senate.
XVI. The senate and house of representatives shall have
power to adjourn themselves respectively; provided such ad
journment shall not exceed two days at any one time.
XVII. The governor shall be president of the senate. He
shall be general and commander-in-chief of the militia, and
admiral ofthe navy of this state; and empowered to embody the
rnilitia, and cause them to be marched to any part of the state,
for the public safety, when he shall think necessary; and in the
recess of the general court, to march the militia, by advice of
the senate, out ofthe state, for the defence of this, or any other
of the United States; provided always, that the governor shall
exercise the power, given him by this constitution, over the mili
tia and navy of the state, according to the laws thereof, or the
resolves ofthe general court. He shall, with the advice of the
senate, in the recess of the general court, have power to pro
rogue the same from time to time, not exceeding forty days in
any one recess of said court; and in the sitting of said court, to
adjourn or prorogue the said court to any time they shall de
sire, or to dissolve the same at their request, or to cafl the
said court together sooner than the time to which it may be
adjourned or prorogued, if the welfare of the state should
require the same. He shall have power, at his discretion, to
grant reprieves to condemned criminals for a term or terms of
time, not exceeding six months. It shall be the duty of the
governor to inform the legislature at every session of the gen
eral court, ofthe condition ofthe state; and, from time to time,
to recommend such matters to their consideration, as shall ap
pear to him to concern its good government, welfare and pros
perity.

472 APPENDIX.
XVIII. Whenever the person who may be chosen governor
shall decline the trust, to which he is thereby elected or shall
resign or die, or remove out of fhe state, or be otherwise dis
qualified, the lieutenant governor shall have fhe like power
during the vacancy in the office of governor, as the governor is
by this constitution vested with; and in case of a vacancy in
the office of governor and lieutenant governor, the major part
ofthe senate shall have authority to exercise all the powers of
a governor during such vacancy; and in case both the governor
and the lieutenant governor be absent from the senate, the
senior or first senator then present shall preside.
XIX. All civil officers annually chosen, with salaries annu
ally granted for their services, shall be appointed by the gen
eral court, by ballot; each branch to have a right to originate
or negative the choice. All other civil officers, and also all
general, field, and staff officers, both ofthe militia and of the
troops which may be raised by and be in the pay of this state,
shall be appointed by the governor and senate: captains and
subalterns of troops raised by and in the pay of the state to be
also appointed by the governor and senate.
XX. The governor and senate shall be a court for the trial
of all impeachments of any officers of this state, provided that
if any impeachment shall be prosecuted against the governor,
lieutenant governor, or any one of the senate; in such case,
the person impeached shall not continue one ofthe court for that
trial. Previous to the trial of any impeachment, the members
ofthe court shall be respectively sworn, truly and impartially to
try and determine the charge in question, according to evidence;
which oath shall be administered to the members by the presi
dent, and to him by any one of the senate. And no judgment
of said court shall be valid, unless it be assented to by two
thirds of the members of said court present at such trial; nor
shall judgment extend further than to removal of the person
tried from officp and disqualification to hold or enjoy any place
of honor, trust, or profit, under the stale: the parly so convicted
shall nevertheless be liable and subject to indictment, trial,
judgment and punishment, according to the laws of the state:
and the power of impeaching all officers of the state for mal-
conduct' in their respective offices shall be vested in the house
of representatives.
XXI. The governor may, with the advice of the senate, in
the recess of the general court, lay an embargo, or prohibit the
exportation of any commodity for any term of time, not exceed
ing foriy days in any one recess of said court.
XXII. Ihe governor shall have no negative, as governor, in
any matter pointed out by this constilution to be done by the
governor and senate, but shall have an equal voice with any
senator on any question before them; provided that the gover-

APPENDIX. 473
nor, or in his absence out ofthe state, the lieutenant governor,
shall be present in senate to enable them to proceed on the
business assigned them by this constitution, as governor and
senate. XXIII. The power of granting pardons shall be vested in
the governor, lieutenant governor, and speaker of the house
of representatives, for the time being, or in either two of them.
XXIV. The justices of the superior court, the justices of
the inferior courts of common pleas, judges of probate of wills,
judges of the maritime courts, and justices of the peace, shall
hold their respective places during good behavior.
XXV. The secretary, treasurer general, and commissary
general shall be appointed annually.
XXVI. The attorney general, sheriffs, registers ofthe courts
of probate, coroners, notaries public, and naval officers, shall be
appointed and hold their offices during pleasure.
XXVII. The justices of the superior court, justices ofthe
inferior courts, courts of the general sessions ofthe peace, and
judges of the maritime courts, shall appoint their respective
clerks. XXVIII. The delegates for this state to the continental
congress shall be chosen annaally by joint ballot of the senate
and house of representatives, and may be superseded, in the
mean time, in the same manner. If any person holding the
office of governor, lieutenant governor, senator, judge of the
superior court, secretary, attorney general, treasurer general,
or commissary general, shall be chosen a member of congress,
and accept the trust, the place which he so held as aforesaid,
shall be considered as vacated thereby, and some other person
chosen to succeed him therein. And if any person, serving for
this state at said congress, shall be appointed to either of the
aforesaid offices, and accept thereof, he shall be considered as
resigning his seat in congress, and some other person shall be
chosen in his stead.
XXIX. No person unless ofthe protestant religion shall be
governor, lieutenant governor, a member of the senate, or of
the house of representatives, or hold any judiciary employment
within this state.
XXX. All commissions shafl run in the name of the state of
Massachusetts Bay, bear test, and be signed by the governor
or commander-in-chief of the state, for the time being, and
have the seal ofthe state thereunto affixed, and be attested by
the secretary or his deputy.
XXXI. All writs issuing out of the clerk's office of any of
the courts of law within this state, shall be in the name of the
state of Massachusetts Bay, under the seal of the court from
which they issue, bear test of the chief justice, or senior or

474 APPENDIX.
first justice ofthe court where such writ is returnable, and be
signed by the clerk of such court. Indictments shall conclude
" against the peace and dignity of the state."
XXXII. All the statute laws of this state, the common law,
and all such parts ofthe English and British statute laws, as have
been adopted and usually practised in the courts of law in this
state shall still remain and be in full force until altered or re
pealed by a future law or laws of the legislature; and shall
be accordingly observed and obeyed by the people of this
state; such parts only excepted as are repugnant to the rights
and privfleges contained in this constitution; and all parts of
such laws as refer to and mention the council shall he con
strued to extend to the senate. And the inestimable right of
trial by jury shall remain confirmed as part of this constitution
forever. XXXIII. All moneys shall be issued out of the treasury of
this state and disposed of by warrants under the hand of the
governor for the lime being, with the advice and consent of
the senate, for the necessary defence and support of the gov
ernment, and the protection and preservation of the inhabi
tants thereof, agreeably to the acts and resolves of the general
court. XXXIV. The free exercise and enjoyment of religious pro
fession and worship shall forever be allowed to every denomi
nation of protestants within this state.
XXXV. The following oath shafl be taken by every person
appointed to any office in this state, before his entering on the
execution of his office; viz: /, A. B., do swear for affirm, as the
case may be) that 1 will heat faith and true allegiance to ihe state
of Massachusetts ; and that I will faithfully execute the business
of the office of agreeably to the laws of this state, according
to my best skill and judgment, without fear, favor, affection or
partiality. XXXVI. And whereas it may not be practicable to conform
to this constitution in the election of governor, lieutenant gov
ernor, senators, and representatives for the first year; there
fore. The present convention, if in being, or the ne.xt general
assembly, which shall be chosen upon the present constitution,
shall determine the time and manner in which the people shall
choose said officers for the first year; and upon said choice,
the general assembly, then in being, shafl be dissolved and
give place to the free execution of this constitution.
By order ofthe convention,
JEREMIAH POWELL, President.
Attest,
Samuel Freeman, Clerk.

APPENDIX. 475
See page 330. New York, October 18, 1787.
Gentlemen — I have the honor to inclose, pursuant to my
commission, the constitution proposed by the federal convention.
To this system, I gave my dissent, and shall submit my ob
jections to the honorable legislature.
It was painful for me, on a subject of such national import
ance, to differ from the respectable members who signed the
constitution. But, conceiving as I did, that the liberties of
America were not secured by the system, it was my duty to
oppose it.
My principal objections to the plan are, that there is no ade
quate provision for a representation of the people; that fhey have
no security for the right of election; that some ofthe powers of
the legislature are ambiguous, and others indefinite and danger
ous; that the executive is blended with, and will have an undue
influence over, the legislature; that the judicial department will
be oppressive; that treaties of the highest importance may be
formed by the president, with the advice of two thirds of a
quorum ofthe senate; and that the system is without the secu
rity of a bill of rights. These are objections which are not
local; but apply equally to all the slates.
As the convention was called for " the sole and express pur
pose of revising the articles of confederation, and reporting to
congress and to the several legislatures, such alterations and
provisions as shall render the federal constitution adequate to
the exigencies of government, and the preservation of the
union," I did not conceive that these powers extended to the
formation of the plan proposed; but the convention being of a
different opinion, I acquiesced in it; being fully convinced, that,
to preserve the union, an efficient government ivas indispensably
necessary; and that it would be difficult to make proper amend
ments to the articles of confederation.
The constitution proposed has feio, if any federal features;
but it is rather a system of notional government: nevertheless,
in many respects, I think it has great merit, and, by proper
amendments, may be adapted to "the exigencies of govern
ment," and the preservation of liberty.
The question on this plan involves others of the highest im
portance — First, whether there shall be a dissolution of the fed
eral government? Secondly, whether the several state govern
ments shall be so altered, as, in effect, to be dissolved? And
thirdly, whether, in lieu of the federal and state governments,
the 7iational constitution, now proposed, shall be substituted
without amendment? Never, perhaps, were a people called on
to decide a question of greater magnitude. Should the citizens
of America adopt the plan as it now stands, their liberties may
be lost. Or should they reject it altogether, anarchy may en
sue. It is evident, therefore, that they should not be precipi-

476 APPENDIX.
fate in their decisions; thatthe subject should be wefl under
stood, lest they should refuse to support the government, after
having hastily adopted it.
If those who are in favor of the constitution, as well as those
who are against it, should preserve moderation, their discus
sions may afford much 'information, and finally direct to a happy
issue. It may be urged by some, that an implicit confidence should
be placed in the convention. But, however respectable the
members may be who signed the constitution, it must be ad
mitted that a free people are the proper guardians of their rights
and liberties; tliat the greatest men may err; and that their er
rors are sometimes ofthe greatest magnitude.
Others may suppose, that the constitution may be safely
adopted, because therein provision is made to amend it. But
cannot this object be better obtained before a ratification, than
after it? And should a free people adopt a form of government,
under conviction that it wants amendment?
And some may conceive, that, if the plan is not accepted by
the people, they will not unite in another. But surely, while
they have the power to amend, they are not under the necessity
of rejecting it.
I shall only add, that, as the welfare of the union requires a
better constitution than the confederation, I shall think it my
duly, as a citizen of Massachusetts, to support that which shall
be finally adopted; sincerely hoping it will secure the liberty
and happiness of America. (Signed) E. Gerry.
To Hon. S. Adams,
President ofthe Senate, and
Hon. James Warren,
Speaker of the House of Representatives.
This letter of Mr. Gerry states the afleged defects and the
principal objections to the constilution of the United States,
as prepared by the continental convention, held in Philadel
phia, in 1787, and subsequently adopted by the several stales in
the union. He refers to the objections in his own mind, which
led him, as a delegate from Massachusetts to that convention,
to decline signing it; and they operated with a great portion of
the people in this and other states, to vote against it. And but
for the conciliatory measure proposed by Governor Hancock,
recommending several additional articles, as explaining and
limiting the powers of the g-eneral government, the constitution
would have been rejected by the convention in Massachusetts.
It was thought that too much power was vested in the federal
government, and that congress was not duly restricted in the
exercise of political authority over the several states. It was a

APPENDIX. 477
great objection that there was no bfll of rights, and that congress
might exercise power to any extent it should think proper: and
therefore the article was proposed, providing expressly "that
all power not clearly given by the constitution remained to the
several stales, or the people thereof" And in the convention
of Massachusetts, in answer to the objection referred to above,
it was said, " that the federal government was not intended by
the constitution to -be a consolidated government, but a consoli
dation ofthe strength of the union in certain cases, and for
specified purposes." In reply to the objection, that the new
constitution went much farther than was intended, it was assert
ed, that the design was so to amend the old confederation as
that a remedy should be provided for its defects: and that it was for
the interest ofthe whole to confederate against aioreign enemy.
And it was admitted, that congress would have, and ought to
have, the power, to oblige the several states to comply with its
requisitions. As to the objection, that there was no bill of
rights, it was replied, "that in the state constitutions there was
a grant of all power except what was expressly reserved to the
people by the bill of rights. But that the federal constitution
was very different; its powers were delegated, and that what
was not granted remained with the people ofthe several states:
that the legislature of Massachusetts had power to make all
and any laws not repugnant to the constitution of the state;
and therefore there was a necessity for a bill of rights; but that
this was not true of the federal constitution; and the federal gov
ernment could rightfully exercise only such power and for such pur
poses, as were specified, or clearly granted."

See page 385. GENERAL ORDERS.
Commonwealth of Massachusetts, )
Head Quarters, Boston^ July 3, 1812. )
War having been declared by the government of the United
States against Great Britain and Ireland, and the dependencies
thereof, the commander-in-chief calls upon the militia of Mas
sachusetts duly to notice the solemn and interesting crisis, and
exhorts them to meet the occasion with constancy and firmness.
When war is commenced no human foresight can discern the
time of its termination, or the course of events that must follow
in its train. But the path of duty is the path of safety. Prov
idence seldom abandons to ruin those, who, to a just reliance
on the superintending influence of Heaven, add their own vig-
59

478 APPENDIX.
ilant and strenuous exertions to preserve themselves. At the
present moment, therefore, the commander-in-chief earnestly
recommends to the officers, of every grade, a close and perse
vering attention to the duties resulting from their several sta
tions; particularly that they acquire and maintain a perfect
knowledge ofthe condition of their respective commands, and
see, as far as in their power, that their men are duly armed
and equipped; that the time allotted to trainings be devoted to
the instruction of non-commissioned officers and soldiers in the
exercise of arms, and in the practice of evolutions, as prescribed
in the established regulations; and that the provisions and in
tentions ofthe laws being in every respect fulfilled, they may
be ready, with alacrity and effect, to defend their country, their
constitutional rights, and those liberties which are not only our
biithright, but which at the- expense of so much blood and
treasure, were purchased in the late revolution.
From the docility, from the good sense and patriotism of the
non-commissioned officers and soldiers, the commander-in-chief
is led to expect a patient submission fo the instructions of their
officers, prompt obedience to orders, and the practice of all
those military and masculine virtues which adorn the soldier
and exalt the man.
To all the mflitia, both officers and soldiers, the commander-
in-chief would superadd an earnest exhortation, as they are
citizens as well as soldiers, to cultivate a spirit of candor, of
friendship, and mutual forbearance, and an ardent love of coun
try, that shall elevate them above all sinister views, and event
ually secure to them and their chfldren the blessings of peace,
of liberty, and good government.
The commander-in-chief requires that particular attention be
paid to the town magazines; that they are fully provided with
ammunition, military stores, and utensils, as the law directs;
and the brigade quartermasters are required to perform their
duty with promptitude and exactness.
In such divisions as have not completed the detachment of
ten thousand men, called for by the general orders ofthe 25th
day of April last, the major generals, or commanding officers
of those divisions, are enjoined to attend to that service without
delay, and to make and complete the detachments from their
respective corps, ofthe several quotas ofthe said ten thousand
men, andto make return ofthe same, as speedily as may be, to
the adjutant general: the said generals, and other officers, will
take care that the militia so detached are duly provided with
efficient arras and accoutrements necessary for actual ser
vice. The mflitia detached by the orders above alluded to,
after they are formed conformably to said orders, v^ill hold them-

APPENDIX. 479
selves in readiness to march, on the shortest notice, pursuant
to the orders to be given by the commander-in-chief, unless in
case of actual invasion, or imminent danger thereof; in which
case, without waiting for such orders, they will march without
delay, to the defence of any part or parts of this commonwealth
that shafl be so invaded, or in imminent danger of invasion: and
when in the actual service of the United States, will be under
the command of the president, agreeably to the constitution of
the United States.
And whereas the quota of ten thousand militia, required
aforesaid, being to be raised from the several divisions and
corps throughout the commonwealth, cannot be assembled in
time to repel a sudden invasion; and to embody them previous
ly, and keep them in constant service would be extremely bur
densome, and even if assembled would not be adequate to the
defence ofthe numerous points of a coast of several hundred
miles in extent; the commander-in-chief further orders and di
rects that the generals, and other officers of the whole militia
of the commonwealth, bearing in mind the possibility of a sud
den invasion, hold themselves, and the corps of mflitia under
their respective commands, in constant readiness to assemble,
and march to the defence of any part or parts of the common
wealth, pursuant to the orders to be given by him; but without
waiting for such orders, in case of actiial invasion, or such im
minent danger thereof as will not admit of delay.
(A general order of the tenor ofthe above issued in July, 1814, and dif
fering only in some of its details.)

See page 428. Governors of the commonwealth after the
adoption ofthe state constitution, in 1780, to 1820.
John Hancock, James Bowdoin, Samuel Adams, Increase
Sumner, Caleb Strong, James Suflivan, Christopher Gore,
Elbridge Gerry, John Brooks.
Chief Justices ofthe Supreme Judicial Court, for the same
period, viz:
William Cushing, Nathaniel P. Sargent, Francis Dana,
Theopflus Parsons, Samuel Sewall, Isaac Parker.
Senators in Congress, from 1789 to 1820:
Caleb Strong, Tristram Dalton, George Cabot, Benjamin

480

APPENDIX.

Goodhue, Theodore Sedgwick, Samuel Dexter, Jonathan Ma
son, Joseph B. Varnum, John Q. Adams, Timothy Pickering,
Dwight Foster, Eli Ashmun, James Lloyd, Christopher Gore-,
Harrison G. Otis, Prentiss Mellen.

THE END.

YALE UNIVERSITY LIBRARY

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