XXI. 1771. the legislature in matters of taxation, the crown had CHA P. referved to itself the prerogative of difallowing laws; and as the rejection of a tax act, after it was in part executed, would cause great perplexity, the king's inftructions, pointing out thofe parts which he dif approved, afforded an unexceptionable inftance of tenderness and paternal regard. He promifed alfo to tranfmit his meffage, and their extraordinary answer, to be laid before his majefty. THE determined fpirit of oppofition fhewn by the Progress of affembly, and the fyftem and perfeverance with which opposition. it was profecuted, indicated great ftrength of combination, and firmness of arrangement. Every measure taken by the popular party fince the commencement of disputes between the mother-country and colonies, tended to give vigour, and enfure fuccefs, to their ulterior efforts. The government, when tranquillity was apparently reftored, rejoiced in the abfence of difcontent, and banifhed all fear and jealoufy, the oppofition party, on the contrary, dreaded the abatement of public effervefcence, and excited fufpicion and apprehenfion by the revival of old topics of dif pute, and the fuggeftion of new ones, either exifting or probable. Effigies, paintings, and other imagery, were exhibited to inflame the public mind; the fourteenth of August was annually celebrated as a festival in commemoration of the deftruction of a building, the property of the lieutenant-governor, which was demolished by a mob, on the fuppofition of its being defigned for a ftamp-office, and of the owner's being compelled to refign his office of ftamp-inafter, under the tree of liberty. The fifth of March, the anniverfary of the pretended maffacre of Boston, was also marked out for the periodical delivery of orations at one of the meeting-houses; lifts of imaginary grievances were continually publifhed; the people were told that the miniftry had formed a plan to enflave them, and conjured, by the duty they owed to themfelves, their country, and their God, by the reverence due 3771. CHAP. due to the facred memory of their ancestors, and by XXI. their affection for unborn millions, to roufe and exert themselves in the common caufe. They were further ftimulated by pretences that the people of England were depraved, the parliament venal, and the ministry corrupt; nor were attempts wanting to traduce majefty itself. The kingdom of Great Britain was depicted as an ancient ftructure, once the admiration of the world, now fliding from its bafe, and rufhing to its fall; at the fame time the natives were called upon to mark their own rapid growth, and to behold the certain evidence, that America was on the eve of independent empire. The diffenting minifters actively inculcated the fame fentiments from their pulpits, and with religious folemnity, with forcible appeals to Heaven, and with all the advantages derived from habit, religious opinion, and popular predilection, enforced the topics and principles which their audience had before read in newfpapers. The friends of Influence in sheaffembly. government could not recur to the fame, or even ordinary means, in fupport of their caufe, as the press was entirely enflaved to the other party; printers were threatened with ruin for publifhing in their behalf, and one printer was, for his perfeverance, compelled to abandon the country. THE legiflature was entirely fubjected to a committee of the most active amongst the popular members; who, in fecret, framed the popular refolves, and other violent measures. It was their policy to particularize the votes of every member, which were published in the enfuing gazette, with the names of the reprefentatives, who were exposed to refentment and contempt by fevere ftrictures and invectives. Individuals, thus rendered objects of deteftation to their conftituents, were easily fupplanted at a new election; and although the lofs of a feat was not in itself of great importance, yet, when the unfuccefsful candidate became ftigmatized as an enemy to his country, he was expofed to infult, his profeffional purfuits were impeded, and XXI. 1771. and the welfare of himself and family rendered pre- CHA P. carious. Under the influence of these terrors, few members could be found fufficiently hardy to oppose the popular voice; the apparent unanimity of the affembly encouraged factious proceedings out of doors; and the popular party in the legislature derived new courage from the fuccefs of their adherents in the town *. WHILE fuch was the ftate of the legislative body, Dependent no reliance could be placed on the due administration ftate of the judges. of justice, as the governor and the judges were dependent for their falaries on the votes of the colonial legiflature, although their commiffions were given by the king, and tenable during his pleasure. The falaries of the judges were inadequate to the dignity of their ftations, and difproportionate to thofe of other officers of government they had often petitioned for an advance, but without effect, and their known dependence diminished their authority. In their charges to grand juries they in vain recommended the prevention of riots and infurrections; the jurors, who were men of property, and invariably of the popular party, refused attention to the inftructions of perfons whofe rank in fociety was rendered lefs refpectable by the want of a fufficient establishment; and libels on magistrates and governors were repeatedly suffered to pafs unnoticed, although the proof was copious and flagrant. Party extended its influence to the whole adminiftration of justice; juries, even in cafes of property, gave decifions biaffed by the political connexions of the fuitors, and the judges, reftrained by a recollection of their own dependence, could not reverse, by a declaration of the law, thefe injurious proceedings. SENSIBLE of the neceffity of terminating this dif graceful fubjection, the miniftry, in pursuance of an act of parliament, enjoined the governors of provinces * See Maffachuffetenfis, a series of letters by Mr. Lenard, a member of the council of Maffachufet's Bay; Boston, printed; London, reprinted for Mathews in the Strand, 1776.-Letter ii. 1 Maffachuffetenfis, Letter iii. 1772. Governors prohibited from re ceiving prefents. 7 XXI. CHAP. to withhold their confent from any act, for a gift or prefent from the affembly or others to them, on pain of recal. 1772. May. Proceedings of the afsembly. 13th June. removed back to Bofton. THE houfe of reprefentatives of Maffachufet's Bay, in a meffage to Mr. Hutchinfon, required information, Whether provifion was made for him as governor, in any other than the ufual manner by gifts and grants from the general affembly? He answered, That his majefty, in purfuance of an act of parliament, had made certain and adequate provifion for his fupport in his ftation; and he fuppofed he could not, without fpecial permiffion, accept of any grant from the province for his ordinary fervices. ON this anfwer, the affembly voted the governor's acceptance of fupport not derived from the general affembly, a dangerous innovation, which rendered him independent of the people, and not fuch a governor as the people confented to at the time of granting their charter; and they most folemnly protefted against the innovation, as a change of the conftitution, which expofed the province to defpotifin. NOTWITHSTANDING this contumacious proceeding Legislature in the affembly, the governor was difpofed to conciliatory measures, and, on the favourable report of the corncil, complied with the wishes of the people, by adjourning the feffion for a few days, and appointing Tumultuous their next meeting at Boiton. But, although the ftate of that council certified, on their oaths, that the governor might, with a proper regard to the king's inftructions, remove the general court to Bofton, that town was still in a moft tumultuous flate, and the spirit of infubordination active and unfubdued. town. Ravenue officers infulted. THE eftablishment of a board of commiffioners, and the activity employed in the prevention of fmuggling, occafioned the utmoft difcontent; and, after the removal of the troops from Bofton, the revenue officers were expofed to conftant infults: the offenders were not reftrained by the magiftracy, and openly encouraged by the wealthieft merchants. Ob noxious XXI. noxious perfons were ftripped, daubed with tar, then CHA P. covered with feathers, and, in that ftate, carried through the streets, derided, ftruck, and scourged by the populace". 1772. the schooner Gafpee. THE other New England provinces participated in Burning of the fame fpirit: at the town of Providence, in Rhode Hand, a place notorious for fmuggling, a king's fchooner called the Gafpee was ftationed; the commander of which, lieutenant Doddingtone, was detested for his vigilance and activity. At midnight, 10th June, the Gafpee was boarded by two hundred armed men from boats, who, after wounding the commander, and forcibly carrying him and the crew on fhore, burned the veffel. The perpetrators of this daring exploit were never difcovered, although a reward of five hundred pounds was offered, together with a pardon, if claimed by any of the accomplices a. the intention judges. DURING a recefs of the legiflature of Maffachu- Report of fet's Bay, it was rumoured, as the fact really was, to fix the that the ministry intended to grant not merely to the falaries of governor, but to the judges, adequate falaries, payable out of the public revenues; the popular party reprefented this as a ministerial plan, to render the judges dependent on the crown; and the prefs immediately teemed with new invectives. Great Britain, it was faid, having failed in the attempt to dragoon the province into a flavish fubmiffion, was now aiming at the accomplishment of the fame end, by corrupting the fource of justice. Town THE felect men immediately appointed a town 25th Oct, meeting at Faneuil Hall, to inquire into the grounds meeting. of the report. A meffage was tranfmitted to the Meffage to governor, ftating the alarm excited among all con- the goverfiderate perfons, by the report of a measure tending rapidly to complete the flavery, which originated in a power affumed by the house of commons of Great Britain, to grant the money of the colonists without See Almon's Collection, vol. i. p. 249. nor. |