IX.

CHAP. it feems, well founded: for the firft agent who laid hands on them, thought it his duty to tranfmit them to his constituents. B. Franklin, agent for the House of Reprefentatives of the Maffachusetts-Bay, Craven freet, December 25, 1773."

1774

The reft of the Americans feem to have been of the fame opinion, as to the nature of these letters, with Dr. Franklin. A vote of the committee appointed to examine them, declared, that "they were wrote by the present governor (Hutchinfon) when he was lieutenant-governor and chief-justice of the province, who has been represented abroad as eminent for his abilities as his exalted ftation, and was under no obligation to tranfmit private intelligence; and that they, therefore, must be confidered by the perfon to whom they were fent, as documents of folid intelligence; and that gentleman in London to whom they were wrote, was then a member of the British parliament, and one who was very active in American affairs; and, therefore, that thefe letters, however fecretly wrote, must naturally be supposed to have, and really had, a public operation."

Whether there really was occafion for all this violent clamour, the reader may judge from the following pasfage in one of Mr. Hutchinfon's letters: "I never

think of the measures neceffary for the peace and good order of the colonies without pain. There must be ar abridgement of what are called English liberties. I relieve myself by confidering, that in a remove from the state of nature to the most perfect state of government, there must be a great restraint of natural liberty. I doubt whether it is poffible to project a fyftem of government, in which a colony, three thoufand miles diftant from its parentAate, fhall enjoy all the liberties of the parent-ftate. I am certain I have never yet feen the projection. I wish the good of the colony, when I wish to fee fome further reftraint of liberty, rather than the connection with the parent-ftate fhould be broken; for I am fure such a breach must prove the ruin of the colony."

But, in however heinous a light thefe letters might appear to the Americans, or their friends, it is certain, that the privy-council declared the charges founded upon them to be frivolous and malicious, and their request for the removal of the governors was utterly rejected. The affembly had, in the mean time, prefented a remonftrance against Peter Oliver, juftice of the fuperior court of judicature, to governor Hutchinson and the council, on ac

IX.

£774

Proceed

in New

England.

Feb. 24.

count of his confenting to accept a falary from the crown, CH AP. which they said was destroying his truft, and the chartered rights of the province. This was followed by the adjournment of the fuperior court, from the day on which it was legally held, to a further day; it being judged im- ings against proper, that the chief-justice should fit and act under the chief-jufprefent circumstances, and uncertain what opinion and tice Oliver, refolution he might have formed concerning the matter laid before the governor. The governor, however, refused to give his confent to this adjournment; of confequence, the court was opened in the abfence of the chiefjuftice, and adjourned itfelf to the day following. A meffage was then delivered from the governor, in which he declared, that he could have no hand in removing the chief-juftice from his place, left he fhould act in exprefs contradiction to his majesty's orders; but, that he should take the firft opportunity of laying their remonftrance before his majetty. This occafioned an addrefs of the whole house, petitioning, that he would take the advice of the council, and not determine by himself, upon one of the most important affairs of the province, in a manner contrary to the most evident defign of the charter.They concluded with affuring the governor, that the continuance of the chief-justice in his place, would increase the uneafinefs of the people without doors, and endanger the public trar quillity. Their request not being complied with, they proceeded formally to exhibit articles of impeachment against Mr. Oliver, as having a "defign to fubvert the conftitution of the province as established by royal charter, and to introduce into the fuperior court of judicature, a partial, arbitrary, and corrupt adminiftration of justice, by accepting of a falary from his majefty, instead of the ufual grants of the people." Along with this charge, they fent à copy of a paper delivered by the chief-juftice in his own vindication. In this he fet forth, "that during feventeen years, in which he had held his office, he had fuffered great inconvenience by neglecting his private bufinefs, and not having a falary at all adequate to the support of his family. He had repeatedly thrown himself on former affemblies for relief, but had never been able to obtain redrefs. For thefe reafons, he thought it incumbent on him to accept of his majesty's falary; and this he had only had for two years: but, as to any future grant, he did not think himself at liberty to refuse it, left he fhould incur the cenfure of his fovereign; and, as he had it only "during his good behaVOL. V.

X

CHAP. viour," this might be confidered as a fufficient bias against any mal-adminiftration in regard to his office."

IX.

1774.

This paper was enumerated among one of the high crimes and misdemeanors of which Mr. Oliver had been guilty. It was ftiled an ungrateful, falfe, and malicious attempt to lay an imputation on his majesty's government;" and the impeachment being fully completed, it was voted to carry it to the governor by a majority of 92 to 8; but Mr. Hutchinfon being previoufly acquainted with their defign, informed them by a meffage, that he had no authority to take cognizance of any crimes or mifdemeanors whatever; and, at any rate, as their procefs was unconftitutional, he could not give any countenance to it. But, as this was found to be infufficient to make them give up their attack, he determined to put an end to it by diffolving the affembly, which was done in the end of March, 1774.

CHAPTER X.

General Gage arrives at Bofton-Solemn League and Covenant Meafures for holding a General CongrefsOppofed Boftonians refractory Bofton Neck fortifiedSuffolk Delegates A General Affembly called and countermandedThe Affembly, however, meetsFriends of government take rejuge in Bofion --Schemes for its Relief General Congrefs meets at Philadelphia Parliament diffolved.

THE diffolution of the affembly of Maffichufetts Bay

TH

X.

1774.

News of

the port

was among the lafl acts of governor Hutchinfon; CHAP. he being foon after fuperfeded by the arrival of general Gage-a perfon, in the opinion of miniftry, more likely to prove agreeable to the people. But whatever advantages might have been accomplished by his appointment, they were utterly effaced by the news of the Port Bill, which had been received on the 15th of May, four days before bill arrives the arrival of the new governor. The first effect was one at Boston. of thofe defperate exertions of popular rage, which had been but too frequent fince the commencement of the difputes. A vaft number of copies were printed with a death's head affixed to them, and hawked about the streets, under the name of "A barbarous, bloody, and inhuman murder," with the most vehement denunciations of vengeance; though the better fort of people endeavoured, as yet, to reftrain this extravagance. The cafe was much the fame at New-York, where the bill was printed in a fimilar manner, and hawked about under the fame name. Ten thoufand copies of it were thrown off, and diftributed in different places; and a meeting of the inhabitants was called on the occafion. This was alfo the fitft regu

X.

1774.

Arrival of general Gage.

CHAP. lar ftep taken at Boston, where Mr. Samuel Adams being chofen moderator, it was unanimoufly voted, "That it would be the falvation of the liberties of America, fhould all the other colonies come into a general non-importation and exportation agreement, both with regard to Great-Britain and the colonies, until the act for blocking up the harbour fhould be removed." A committee was appointed to communicate this refolution to the towns of Marblehead, and others in the neighbourhood. The meeting then adjourned to the 19th, and were paffing fimilar refolutions, when general Gage arrived. The univerfal difcontent, however, did not prevent the people from receiving their new governor with proper marks of refpect. Indeed, their rage was now, in fome measure, converted into a calm and determined refolution to refift; while the refolution to enforce obedience feemed to be equally ftrong on the other fide. All proper civilities, therefore, were paid by both. The governor called an affembly according to the terms of the charter. As little bufinefs then came before the houfe, a project was formed of hurrying through it as faft as poffible, that the affembly might have it in their power to adjourn themselves to a future day, without receiving any formal intelligence of their intended removal to Salem; but before this could be accomplished, the governor having got intelligence of their defign, adjourned them unexpectedly to Salem, on the 7th of June following. Previous to this adjournment they had prefented a petition for appointing a day of fasting and prayer, with which he did not comply. He had afterwards the fatisfaction to receive an addrefs, figned by 127 of the best affected inhabitants; in which, befides the ufual compliments, they expreffed great hopes from the general's public and private character; difavowing, at the fame time, all lawless violences; and lamenting that a difcretionary power was not lodged in his hands, of reftoring trade to its former courfe immediately, on the terms of the law being complied with; and fhewing, that as the act then flood, notwithstanding the moft ready compliance, fo much time would be loft before his favourite account of their conduct could reach the king and council in order to produce the wifhed-for effect, as must neceffarily involve them in the utmost mifery and ruin.

This addrefs, however, was in a few days counteracted by another from the council, containing fome very fevere reflections on the conduct of his predeceffors, to whofe machinations, both in concert and apart, they attributed the origin and progrefs of the difunion of the colonies