IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ■^ iiii 12.2 y£ Hf lift u 11-25 1111.4 12.0 m '^K^ V^ Hiotographic Sciences Corporation 23 WIST MAIN SVRIET WIBSTIR,N.Y. 1 434)0 (7t«) 872-4503 -q^ <^ ;\ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Instituta for Historical IMicroreproductions / Institut Canadian da microraproductions historiquas J 12X ItX 20X 24X 28X 32X Th« copy flimMi h«r« hat b««n raproducsd thanks to tho gonoroaltv of: Library of tho Public Archives of Canada L'axamplaira filmi f ut raproduit grAca i ia g4n*rositi da: La bibliothAqua da* Archives pubiiquas du Canada Tha imar^rvs-. appearing here are the bast quality possible considering the condition and legibility of the o -9"WV.*- i^m vf^iy^^mi^ 'I' H E LETTERS O F Governor HUTCHINSO[N, AND Lieut. Governor OLIVER, &c. Printed at B O S T O N, AND REMARKS THEREON. With the ASSEMBLY'S ADDRESS, And the P R O C E E D I N G S Of the LORDS COMMITTEE pf COUNCJL. Together with The Substance of Mr. Wsdderburn's Speech relwing to thofc LETTERS. And the Report of the Lords Committei :to his Majesty in Council. THE SECOND EDITION. LONDON: Printed for J. WILKIE, at Number 71, in St. Paul's Church-yard, mdcclxxiv. Iiif,i' ifv^vfrn^ifmrm'^ifm II t v\ t -\ a J T o T.f 1 rOSTIIHDTIJH iiupicvc 3 « rf A •- -rp. *-';v 7 1 J. C. ;o-ir:3vou .lUv'J .^iK, OTaOft .13 Liiiihl q 3 ;: jiH T 'jg:^ ;! A ME J5.:..cr vi A r> »> 1. ,' , ■. • i J Ci X vi Ci i «i t;^ o C • UU. Z D niQ'jiMO t>^n ^Bi'^h^'A ip;ige-j w :i^TTiMS/i.oo aa .'.«. S/ *-- -r f. •fr ^/.^ •iZ^'ii^MUiVHiQgY/ 52FV5AT l> c i''ri » «* 'I* -^' i* K* TTJHMOO ZdiSIO.! "rfj 10TJ?0^^H r?ff' n cr 'I f <-> ■•.!'-•/■ 3 ■>■ \ t LETTERS, &c. i,'. ■-■■'^ f-^Vi'"/ O '■*'.- l^- .- ---.y t A ■: . V t • . # r- .a S I R, 5^7?ff», June 1 8, 1768,! AS you allow me the honour of your corrcf- pondence, I may not omit acquainting you with fo remarkable an event as the with- draw of the Commiflioners of the Cuftoms, and moft of the other Officers under them, from the town on board the Romney, with an intent to remove from thence to the Caflle. In the evening of the loth, a floop belonging to Mr. Hancock, a Reprcfcntativc for Bofton, and a wealthy merchant of great influence over the populace, was feized by the Colle<5lor and Comptroller for a very notorious breach of the ads of trade, and, after feizure, taken into cuftody by the officer of the Romney man of war, and removed under command of her guns. It is pretended that the removal, and not the feizure, incenfed the people. It feems not very material which it was.— A mob was immediately '> 9 raifcd. wimv mmm I ; I ; [ * 1 railed, the ofHcers infulted, bruifed, and much hurt, and the windows of fome of their houfes broke ; a boat belonging to the Collector burnt in triumph, and many threats uttered againft the CommifTioners and their officers : no notice being taken of their extravagance in the time of it, nor any endeavours by any authority, except the governor, the next day, to difcover and punilh the offenders j and there being a rumour of a higher mob intended Monday (the 13th) in the evening, the Commiifioners,fourof them,- thought themfelves altogether uniafe, being deftitute i)f protedion, and removed with their families to the Romney, and there remain and hold their board, and next week intend to do the fame, and alfo open the Cuftom-houfe at the Caftle* The Governor preiled the council to aflift him with their advice, but they declined and evaded,, calling it a bruifa, or iinall difturbance by boys and negroes, not conHdering how much it muft be refented in England that the oJEcers of the crown Ihould think themfelves obliged to quit the place of their refidence, and go on board a King's Ihip for lafety, and all the internal au- thority of the province take no notice of it. — The town of Bofton have had repeated meet- ings, and by their votes declared the Commif- fioners and their ofHcers a great grievance, and ycfterday mftrufted their Reprefcntatives to en- dcavour>> . ^> ■in ] • ■■•' deavoiir, that fcnqniry (hould be made by the Aflembly whether any pcrfon by writing or iri feny other way, Had encouraged the fending troops here, there being fome alarming reports that troops are expelled, but have not takeri a!iy mcafures to difcountenance the promoters of the late proceedings; but, on the contrary, appointed one or more of the adors or abettors! bn a committee appointed to wait on the Gover- nor, and to" defire him to order the man of war out of the harbour. I Ignorant as they be, yet the heads of a Boflont I town-meeting, influence all public meafures. It is not poITible this klfiarchy fhould laO: always. Mr. Hallowell, who will be the bearer 6f this,- tells me he has the honour of being per- fonally known to you. I beg leave to refer yovi io him for a more full account. I am, with gfeat efteem. Sir,' Your mod humble and obedient fervaritj' ' '^ THO. HUTCHINSON; ^ i R, Bofton, Auguft iySB. "ir T is very hcccflary other information ^ould -*■ be had in England of the prefent ftate of the commiffioriers of the cuftoms than what common fame will bring to you, or what you will receive from moft of the letters which go from hence, ' B 2 peo- '' , [ 4 ] people in general being prejudiced by many fdlfe reports and mifreprefentations concerning them. Seven eigliths of the people of the country fup- pofe the board itfelf to be unconftitutional, and cannot be undeceived and brought to believe that a board has exifted in England all this cen- tury, and that the board eilablifhed here has no new powers given to it. Our incendiaries know it, but they indufw. ioufly and very wickedly pub- li(h the contrary. As much pains have been taken to prejudice the country againft the per- fons of the CommilTioners, and their charaders have been mifreprefcnted and cruelly treated, efpecially fince their confinement at the Caflle, wliere they are not fo likely to hear what is faid of them, and ate not fo able to confute it. It is now pretended they need not to have withdrawn, that Mr. Williams had ftood his ground without any injury, although the mob befet his houfe, &c. There never was that fpirit raifed againfl the under officers as againft the Commiflioners, I mean four of them. They 'had a public affront offered them by the town of Bofton, who refufed to give the ufe of their hall for a public dinner, unlefs it was flipulated that the Commiflioners fliould not be invited. An affront of the fame nature at the motion of Mr, Hancock was offered by a company of cadets. Soon after a veffel of Mr. Hancock's being feized. [ 5 ] fcizcd, the officers were mobb'd, and thfr Com- miflioncrs were informed they were threatened. I own I was in pain for them. I do not believe if the mob had fcized them, there was any autho- rity able and willing to have rcfcued them. After they had withdrawn, the town fignificd to Ac Governor by a meflagc that it was expected or dcfired they (hould not return. It was then the general voice that it would not be fafe for them to return. After all this, the fons of liberty fay they deferted or abdicated. The other officers of the cuftoms in general either did not leave the town, or foon returned to it. Some of them feem to be difcontented with the Commiffioners. Great pains have been taken to increafc the difcontent. Their office by thefe means is rendered extremely burdenfome. Every thing they do is found fault with, and yet no particular illegality or even irregularity men- tioned. There is too much hauteur, fome of their officers fay, in the treatment they receive. They fay, they treat their officers as the Com- miffioners treat their officers in England, and require no greater deference. After all, it is not the perfons, but the office of the Commiffioners which has raifed this fpirit, ~nd the diftinflion made between the Commiffioners, is becaufe it has been given out that four of them were in favour of the new eftablilhment, and the fifth Bj * wa5 '^mmfmm I lain nimKMi"" i a [ 6 ] VfM not.* If Mr. Hallowell arrived fafc, he can inform you many circvimftances relative to thi^ fiiftinftion, which I very willingly cxcufe myfelf from mentioning. 1 know of no burden brought upon the fair trader by the pew cftablifhment. The illicit trader finds the rifk greater than it ufed to be^ cfpecially in the port where the board is con- ftantly held. Another circumflance which inr creafes the prejudice is this*, the new duties happened to take place juH: about the time the Commiflioners arrived. People have abfurdly connedted the duties and Board of Commiflioners^ and fuppole we (hould have had no additional duties, if there had been no Board to have the charge of colle(5ting them. With all the aid> you can give lo the officers of the crown, they will have enough to do to maintain the autho- rity of government, and to carry the laws into exe- cution. If they are difcountenanced, negleded^ or fail of fupport from you, they muft fubmit to every thing the prefent qppofers of govern- ment think fit to require of them. There is no office under greater difcourage- ments than that of the CommifHoners. Some of piy friends recommended me to the miniftry. I think myfelf very happy that I am not one. Inr deed it would have been incompatible with my poft a& chief jufbice, and I mull have declioe4 f 7 ] it, and I (hould do it although no greater falarf had been affixed to the chief juftice's place, than the fmall pittance allowed by the province. From my acquaintance with the Commiffioner* I have conceived a perfonal eflieem for them, but my chief inducement to make this reprefentation jto you, is a regard to the public intereft, which I am fure will fuffer if the oppofition carry their point againil them. I am, with very great efteem. Sir, Your mod obedient humble fervant, THO. HUTCHINSON. Auguft lo. Yefterday at a meeting of the merchants, it was agreed by all prefcnt to give no more orders for goods from^ England, nor receive any on commifTion until the late ads arc repealed. And it is faid all except fixteen in the town have fubfcribed an engagement to that tenor. I nope the liibfcription will be printed, that I may tranfmit it to you. •. Dear Sir, Bofioity OSioher /^ iy6^, Y WA S abfent upon one of our circuits when *■• Mr. Byles arrived. Since my return, I have received from him your obliging letter of 31ft July. I never dared to think what the rei it- ment of the nation woCild be upon Halloweirs arrival. It is not ftrange that meafures fhould B 4 be ^^^PlpiWPPW t « ] be immediately taken to reduce the colonies to their former (late of government and order, but that the national funds (hould be afFedled by it, is to me a little myfterious and furprizing. Prin- ciples of government abfurd enough fpread thro* all the colonies ; but I cannot think that in any colony, people of any confideration have ever- been fo mad as to think of a revolt. Many of the common people have been in a frenzy, anc] talked of dying in defence of their liberties, and have fpoke and ^ printed what is highly criminal^ . and too many of rank above the vulgar, and. fome in public pods have countenanced and en- couraged them, until they incre;afed fo much in their numbers, and in their opinion of their im- portance, as to fybmit to government no fur- ther than they thought proper. The legiflative powers have been influenced by them, and the executive powers intirely loft their force* There has been continual danger of mobs and infur- ,\. redions, but they would have fpent all their ^ force within ourftlves, the officers of the Crown^ f and fome of the few frjends who dared to f^and by them, poflljjly might have been kqock'd on the head, and fome fuch fatal event would pro- bably have brought the people to their fenfes. For four or five weeks paft the diftemper has been growing, and I confefs I have not been yrithout fome apprehenfions for myfelf, but my friends f [ 9 ] friends have had more for me ; and I have had repeated and frequent notices from them from different quarters, one of the lail I will indole to you *. In this ftate of things, there was no fecurity, but quitting my pods, which nothing but the laft extremity would juftify. As Chief Juftice, for two years after our firft diforders, I kept the grand juries tolerably well to their duty. The lafl fpring, - there had beipn feveral riots, and a moft infamous libel had been publifhed in one of the papers, which I enlarged upon, and the grand jury had determined to make prefcnt- ments, but the Attorney-General not attending them the firft day, Otis and his creatures, who were alarmed and frightned, exerted them-' fclves the next day, and prevailed^ upon' fo many of the jury to change their voices, that there was not a fufHcient number left to find a , bill. They have been ever fmce more enraged a^ainft me than ever. At the defire of the Go-, vernor I committed to writing the charge while It lay in my memory, and ^s I have no furtheir u(e for It, I will inclofe it, as it may give you fome idea of our j udicatories. Whilft we were in this flate, news came of two regiments being ordered from Halifax, and ^n after two more from Ireland. The minds of * See the following lietter. 6f people were more and more agitated, broad hints were given, that the troops (hould never land, a barrel of tar was placed upon the beacon, in the night to be fired, to bring in the country when the troops appeared, and all the authority of the government was not ftrong enough to re- move it. The town of Bofton met and paflcd a number of weak, but very criminal votes ; and as the Governor declined calling an Aflembly, they fent circular letters to all the towns and dillridbs to fend a perfon each that there might be a geaeral confultation at fo extraordinary a crifis. They met and fpent a week, made them- felves ridiculous, and then diflfolved themfelves, after a meflage or two to the Governor, which he refufed to receive j a petition to the King, which I dare fay their agent will never be allowed to prefent, and a refult which they have publifhed ill-natured and impotent. In this confufion the troops from Halifax ar- rived. I never was much afraid of the people's, taking arms, but I was apprehenlive of violence from the mob, it being their laft chance befoi^e'' the troops could land. As the profpeft of re*, venge became more certain, their courage abated in proportion. Two regiments are landed, but a new grievance is now raifed. The troops are by ad of parliament to be quartered no where elfe but in the barracks, until they are full. 2 There jti* >.■ * HM [ " 3 Jhere are barracks enough at the Caftle to hol4 Iboth regiments. It is therefojre againft the Aft to bring any of them into the town. This was Jtarted by the Council in their anfwer to the Governor, which, to make themfelves popular, Jthey in an unprecedented way publifhtd and have alarmed all the province j for although none but the moft contracted minds could put fuch a con- ftruftion upon the aft, yet after this declaration of the Council nine-tenths of the people fuppofe it juft. I wilh the aft had been better exprefs*d, jbut it is abfurd to fuppofe the parliament in* tended to take from the King the direftion of i"? his forces, by confining them to a place where any of the colonies might think fit to build barracks. It is befides ungrateful, for it is known to many that this provifion was brought into the bill after it had been framed without it, from meer favour to the colonies. I hear the Commander in Chief has provided barracks or quarter^, but a dOubt ftill remains with fome of • the Council, whether they are to furnifli the articles required, unlcfs the men are in the province barracks, and they are to determine upon it to. day. The government has been fo long in the hands of the populace, that it muft come out of them by degrees, at leaft it will be a work of time to bring the people back to juft notions of the nature of government. Mr. lliIIPi'!"!^fll!llP#Ji>i|liPfl|iL ■jw^ipup-. ffi|(i^nii9P|piiiiiriv I f.,n«j I 1 wm^f!«p^)^«fvpipMpinnip^OTMFi mm^ Mr. Pepperrel], a young gentleman of good character, and grandfon and principal heir to the late Sir' William Pepperrell, being bound to London, I (hall deliver this letter to him, as it will be too bulky for poftage, and defire him to wait upon you with it. I am, with very great efteem. Sir, Your m«fl humble and moft obedient fervanti THO. HUTCHINSON- SIR, THE great efteem I haye for you in every point of light, perhaps renders my fears and doubts for the fafety of jour perfon greater thai) they ought to be i however if that is an ^rror, it certainly refults from true friendlhip, naturally jealous. Laft night I was informed by a gentleman of my acquaintance, who had his information from one intimate with and know- ing to the infernal purpofes of the fons of liberty, as they falfely ftile themfelves, that he verily be^ lieved, from the terrible threats and menaces by thofe Catilines againft you, that^ your life is greatly in danger. This informant, I know, is finder obligations to you, and is a man of vera- city. He cxprefs'd himfelf with concern for ^ou, and the gentleman acquainting me with (hjs horrid cjrcumftance, affured me he was very uneafy [ «3 ] uneafy till you had notice. I fhould have done myfelf the honour of waiting on you, but am ncccflarily prevcnr*^. The duty I owed to you as a friend, and to the public as a member of fociety, would not fuflfer me to reft till I had put your honour upon your guard i for though this may be a falfe alarm, nothing would have given me greater pain, if any accident had hap- pened, and I had been filent. If poiTible, I will fee you to-morrow, and let you know further into this black affair. And am, with the (in- cereft friendfhip and refpefb, your Honour's Mod obedient, and mod humble fervant, ROB. AUCHMUTY. To the bon*ble Thomas Hutchinfon^ Sep, 14, 1768. Dear Sir, Boflon, Dec. io, 1768.' Y A M juft now informed that a number of -■' the Council, perhaps eight or ten, who live in and near this town, have met together and agreed upon a long addrefs or petition to Par- liament, and that it will be fent by this (hip to Mr. BoUan to be prefented. Mr. Danforth, who is Prefident of the Council, told the Go- vernor, upon enquiry, that it was fent to him to Hgn, and he fuppofed the refl; of the Council 3 who ipi)(nupii I t H 1 who had met tog«:ther, would fign after him 'id order ; but he had fmce found that they had wrote over his name, by order of Council, which makes it appear to be an a£b of Council. This may be a low piece of cunning in him, but be it as it may, it is proper it ihouH be known^ that the whole is no more than th > doings of a part of the Council only ; although even that is not very material, fince, if they had all been prefent, without the Governor's fummons, the meeting would have been irregular and un- conititutional, and ought to be difcountenanccd and cenfured* I fuppofe there is no inftance of the Privy Councirs meeting and doing bufinefs without the King's prefence or fpecial diredlionj except in committees upon fuch bufinefs as by his Majefty's order has been referred to them by an a6t of Council i and I have known ho in- ftance here without the Governor, until within three or four months paft. I thought it very neceflary the circumftances: of this proceeding Ihould be known, though if there be no neceflity for it, I think it would be beft it Ihould not be known that the intelligence comes from me. I am, with very great regard. Sir, Your moft humble and moft*^ obedient fervanr,* THO. HUTCHINSON;^ [ '5 ] Dear Sir, Bojion^ Jan. 20, 1769. YO U have laid me under very great obliga- tions by the very clear and full account of proceedings in Parliament, which I received from you by Capt. Scott. You have alfo done much fervice to the people of the province. For a day or two after the (hip arrived, the enemies of government gave out that their friends in Parlia- ment were increafing, and all things would be foon on the old footing ; in other words, that all afts impofing duties would be repealed, the Com- miflioners board diflblved, the cuftoms put on the old footing, and illicit trade be carried on with little or no hazard. It was very fortunate that I had it in my power to prevent fuch a falfc reprefentation from fpreading through the pro- vince. I have been very cautious of ufing your name, but I have been very free in publilhing abroad the fubftance of your letter, and declar- ing that I had my intelligence from the beft au- thority, and have in a great meafure defeated the ill (lefign in raifing and attempting to fpread fo groundlefs a report. What marks of reientment the Parliament will fhow, whether they will be upon the province in general, or particular per- fons, is extremely uncertain, but that they will be placed fomewhere \b moft certain, and I add^ becaufe I thin-k it ougnt to be (o^ that thofe wha have [ ,6 j have been mod Heady in preferving the cofldi- tution and oppofing the licentioufnefs of fuch as call themlelves Sons of Liberty, will certainly meet with favour and encouragement. This is moft certainly a crifis. I really wi(h that there may not have been the lead: degree of feverity beyond what is abfolutely necefTary to maintain, I think I may fay to you the depen- dance which a colony ought to have upon the parent date ; but if no meafures (hall have been taken to fecure this dependance, or nothing more than fome declaratory adts or refolves, it is all over with us. The friends of government will be utterly dilheartened, and the friends of anar- chy will be afraid of nothing, be it ever fo ex- travagant. The lad veilel from London had a quick pai^ fagc. We expedt to be in fijfpence for the three or four next weeks, and then to hear our fate. I never think of the meafures necefTary for the peace and good order of the colonies without pain. There mud be an abridgment of what are called Englifli liberties. I relieve myfclf by confidering that in a remove from the date of nature to the mod perfed date of government, there mud be a great redraint of natural liberty. I doubt whether it is pofllble to projedt a fydem of government in which a colony 3000 miles didant from the parent date diall enjoy all the liberty •WW i 17 i ] liberty of the parent ftatc. I am certain I have never yet fcen the projection. I wifh the good of the colony when I wifh to fee fome further reftraint of liberty, i-ather than the connexion with the parent (late (t^uld be broken } for I am fure fuch a breach muft prove the rwin of the colony. Pardon me this excurfion, it really proceeds from the (late of mind into which our perplexed affairs often throws me. , I have the honour to be, with very great cfteem^ Sir, your moft humble and moft obe- dient fervant, THO. riUTCHINSbisf. . t>EAR Sir, Bofton^ O^iober 26^ i7%« T THANK you for ybUr laft favour of July •*• iSth. I fancy in rriy laft to yOu, about two mon&hs ago, I have anfwered the greateft pare 6f - it. My opinion upon the combination of the merchants, I gave you very fully. How long they will be able to continue them if Parliamerit (hould not ititerpofe, is uncertaiin. In rtioft; ar- ticles they may another year, arid you run the rifque of their fubftitutirig, when they are put to their fhifts, fomething of their own in the place of what they ufed to haVe from you, and which they will never return to yotl for. But it rs /lot C polTiblc [ »8 1 poflible thftt provilion for diflblving thek com*' binAcions, and fubjcdting all who do not renounce them to penalties adequate to the offence, (hould not be made the firft week the parliament meets. Certainly all parties will unite in fo extra^i'dinary a cafe, if they never do in any other. So mjch lias been faid upon the repeal of the duties laid by the laft a€l, that it will render it very difficult to keep people's minds quiet, if that fbould be refufcd them. They defcrvc punifhment, you will fay i but laying or continuing taxes upon all cannot be thought equal, feeing many will be puniftied who are not offenders. Penalties of another kind (eem better adapted. I have been tolerably treated fince the Go- .vernor's departure, no other charge being made againft me in our fcandalous news-papers, ex- cept my bad principles in matters of govern- ment i and this charge has had little efFe£t, and a great many friends promife me fupport. I muft beg the favour of you to keep fecrejc every thing I write, until we are in a more fet- tled (late, for the party here, either by their .agent, or by ibme of their emifTaries in London, have fcnt them every report or rumour of the contents of letters wrote from hence. I hope we ihall fee better times both here and in Eng- ird. I am, with great edeem, , Sir, your mofl obedient fcrvant, , V THO. HUTCHINSON. i»ytiyBU,^ I 19 1 S I R, Boftoti, May 7, 1767; I AM indebted to you for the obliging manner in which you received my recommendation of my good friend Mr. Paxton, as well as for the account you are pleafed to fend me of the fitua- tion of ajffairs in the mother country. I am very forry that the colonies give you (q much employment, and ic is impoflTible to fa/ how long it will be before things fettle into quiec among us. We have fome here who have been {o bufy in fomenting the late difturbances, that they may now think it needful for their own k- curicy to keep up the fpirit. They have plume4 themielves much upon the vidory they have gained, and the fupport they have fmce met with ; nor could any thing better (h^w what the/ would dill be at, than the manner in which, by their own account publilhed in the news-^paper» la(t Auguft, they celebrated the 14th of that moith, as the Brft anniverfary commemoration of what they had done at the tree of Liberty on that day the year before. Here a number of xefpedlable gentlemen as they inform us, no\r jnct, and among other toafts drank General Paoli, and the fpark of liberty kindled in Spain.' I am now fpeaking of a few individuals^ only, the body of the people are well difpofed ; yet when you come to fee the journal of the Houfe of Rcprcfcntativcs the laft fcflion, I fear you will C a thinlc Lii I u>.|i>|iiii»iiiilll!PPii!li|MPpp I III ILIRI VfWmPfl^ Ml .iiiiwmii^vf^^iiipni^piiv^^spiiivi [ 20 1 think that the fame fpirit has felzed our public counfels. I can^ however, fairly fay thus mutfh in behalf of the government, that the laft houfe was packed by means of a public profcription jufk before the eleftion, of the greateft part of thofe who had appeared in the preceding feflion in the fupport of government : their names were publilhed in an 'nflammatory news-paper, and their conftituents made to believe they were about to fell them for flaves. Writs are now out for a new Aflembly, but I cannot anlwer for the choice : I hope, however, that the peo- ple in general are in a better temper ; yet tlie moderate ;nen have been fo brow- beaten in the Houfe, and found themfelves lb infigniBcant there the laft year, that fome of them will volun- tatily decline coming again. I think this looks too much like a defpair of the common-wealth, and cannot be juftified on patriotic principles. The eledlion of Coiinfellors was carried the laft year as might have been expcded from fuch ^n houfe. The officers of the crown, and the judges of the fupcrior court were excluded. And I hear that it is the defign of fome, who expedl to be returned members of the houle this year, to make fure work at tlie enfuing elc;5tion of Counfellors, by excluding, if they can, the gentlemen of the Council (who by charter remain fuch till others are chofen in their - * room) Fh wmmmm^mm^ i^p^ : 21 ] room) from any fhare in the choice, though they iiave always had their voice in it hitherto from the firft arrival of the charter. If the houfe dp this, they will have it in their power to "model the Council as they pleafe, and throw all the powers of government into the hands of the peo- ple, unlefs the Governor ihould again exert his negative as he did the lad year. You have doubtlefs feen fome of the curious meflages from the late houfe to the Governor, and can't but have obferved with how little decency they have attacked both the Governor and the Lieutenant Governor. Ihey have alfo in effed forced the Council to declare them- felves parties in the quarrel they had againft the latter in a matter of mere indifference. In their meflage to the Governor of the 21ft of January, they have explicitly charged the Lieutenant Governor (a gentleman to whom they are m.ore indebted than to any one man in the government) with *' ambition and luft of power," merely for paying a compliment to the Governor agreeable to ancient ufage, by attending him to court, and being prefenc in the council-chamber when he made his fpeech at the opening of the feflion ; at which time they 30 on to fay^ «' none but the general court and their fervants a;e intended to be prefent," ftill holding oijt to the people the iervants pf the crown as objects of infignificance, C 3 ranking .■>=&"^- i r f « ] ranking the Secretary with their door-keeper, al fcrvants of the Affcmblyj for the Secretary with his clerks and the door-keeper are the only perfons piefent with the A0embly on thefis occafions. The pfficers of thp crown being thus leflen'd in the eyes of the people, takes off their weight and influence, and the balance will of courfe turn in favour of the people, and what n)ake$ them ftill more infignificant is their riependance on the people for a necelTary fupport : If feme- thing Were left to the goodwill of the people, yet nature fhould be fure of a fupport. The Governor's falary has for about thirty-five years paft been pretty well underflood to be ^. looo a year fterling, Whtn this fum was, firft agreed to, it was very well ; but an increaie of wealth fince has brcught along with it an incrcafe of luxury, fo that what was fufficient to keep up 3 proper diftindlion and fupport the dignity of a Governor then, may Well be fuppofed to be infufHcient for the pUrpofe now. The Lieuten- ant Governor has no appointments as fuch : the Captaincy of Caflle- Will jam, which may be worth £, 1 20 ftcrling a year, is looked upon indeed as an appendage to his commiflion, and the late Lieutenant Governor enjoyed no other appointment : he lived a retired life upon his oiijrn ellate in the country, and was eafy. Thci, prefent I" \ nP|^Py;j^|i|l«|Pf^fpRn|llWII|J,PRpnipilV«.IIII.UIJl4l<' lU.i ..lUiilW.n '^^^mm^mm pnkttt Lieutenant Governor inilced has other appoincmentsy but the people are quarrelling vrith him for it, and will not fuffer him to be eafy unlefs he will retire alfo. The Sectctary maj have fomething more than ^. 200 a year (lerling* but has for the two hik years been aUowed £, 60 lawful money j. yc*r lefs than had been ufual for dive; s ye^^r^ [.•reced- ing, though he had convinced the houle l^y tittir Committee, that without this deduttxun he would have had no more than £, 250 Itc/ili^g per annum in fees, perquidtes and falary aita- jgether, which is not the one half of his annual expence. The crown did by charter referve to itfelf the appointment of a Governor, Lieutenant Go- vernor and 3e|2retary : the defign of this was without doubt to maintain fome kind of balance between the powers of the crown and of the people ; but, if QS^ceth are not in foti^e mea- fure independent of the people (for it is difficult to mmm mmfmm^' [ *5 ] American market demands, and may therefore fafely take them off from the manufa^burcr, tho* they fhould have no orders for (hipping them Lhis year or perhaps the next ; and I dare fay, it would not be longer before the Americans would clamour for a fupply of goods from England, for it is vain to think they can fupply themfelves. The merchant might then put an advanced price upon his goods, and poflibly be aible to make his own terms j or if it fhould be thought the goods would not bear an advanced price to indemnify him, it might be worth while for the government to agree with the merchants before hand to allow them a premium equivalent to the advance of their itpck, and then the game would be over. I havp wrote with freedom, in confidence of my namp's not being ufed on the occafion. For though I have wrote nothing but what in my confcience I think an American may upon jui^ principles advance, and what. a fervant of the frown ought upon all proper occafions to fug- geft, yet the many prejudices I have to combat with, may rpndep it unfit it Ihoijld be made public. I communicated to Governor Bernard what you mentioned concerning him, who defires f^fit to prefent you his compliments, and let yoa know •wtmmm t 45 ] kno^ that he i« obliged co you for the exprcf-* iions of your regard for hU injured charafler. I am, with great refpe£t, Sir, Your mod obedient andmoft humble iervant, ANDREW OLIVER. I afk your acceptance of a journal of the laft fefTion, which is put up in a box direfted to the Secretary of the Board of trade.. SIR, Bqfipfti May 11^ 176?. TAM this moment favoured with your very ■*' obliging letter by Capt. Jarvis, of the ad March, which I have but juft time to acknow^ ledge« as this is the day given out for the (hip to fail. I wrote you the 23d of February in reply to your letter of the 28th December 5 that of the i2th February which you refer to in this of the 2d of March is not yet come to hand. You lay me, Sir, under the greateft obligations^ as well for the interefting account of public affairs, which you are from time to time plcafed to tranfmit me, as for your fteady attention to my private concerns. I fhall always have the moft grateful fenfe of Mr. Grenville's intentions of favour alfo, whether I ever reap any benefit from them or not. Without a proper fupport afforded to the king's officers, the refpefl due to government i^^ill of courfc fail j yet I cannot fay whether ip^ K'*'W«P ' [ 27 1 if^hether ^nder the prefcnt cit:cumf!aitce$, and confidering th^ temper the people are now in| an additional provifton for ;ne would be of real benefit .0 me perfonaily or not. It has been given out, that no perfon, who receives a ilipencl from (he government at home^ ftall live in the country. Government here WaDt3 fome effeftual fupport : No fooner was it }cnown, that th0 Lieutenant Governor had a provifion of ^. 100 a year made for him out of the revenue, than ht was advifed in the Bofton Gazette to refign al^ pretenHons to a feat in council, either with or Without a voice. The temper of the people may be furely learnt from that infamous papery it is the very thing that fprms their temper i for if they are not in the temper of the writer at thip time of the publication, yet it is looked upot^ 9i the ORACLE, and they foon bring their temper to it. Some of the latcft of them are Very eit- preffive ; J will not trouble you with fending them, as I imagine they fome how or other find their way to you i But I cannot but apprehend from thefe papers and from hints chat ate thrown out, that if the petition of the Houfe to hid Majefty, and their letters to divers noble Lord$ fliouid fail of luccefs, fome people will be mad enough to go to extremities. The commiffioneri of the cuftoms have already been openly af- fronted, the Governor's company of Cadets Itaye I come ' -MW Jl.ilV^MHPIipipppiliP "WW^IW^iUP^'^^liiJII^fPi^ I «8 ] tome to a refolution not to wait on hini(as ufual) on the clay of General Elefbion, the 25th inflant, if thofc gentlemen are of the company. And the Town of Boflon have pafTcd a Vote diat Faneuil-Hall (in which the Governor and his company ufually dine on that day) (hall not be opened to him, if the CommifTioners are invited to dine with him. A lifl: of Counfellors has 1/ vrithin a few days pafl been printed and difperfed by way of fneer on Lord Shelburne's letter, niade up of King's officers j which lift, the writer fays^ if adopted at the next general eledion, may take away all grounds of complaint, and may pofllbly prove a healing and a very falutary meafure. The Lieutenant Governor is at the head of this lift, they have done me the honour to put me next ; the Commiffioners of the Cuftoms are all in the lift except Mr. Temple, and to compleat the lift, they have added fome of the waiters. I never thought 'till very lately that they ave the common levels ^nd exeRi*^t'him from being chofen by the people into the lOwer offices* but his being ^pointed a Juftice of the Peace i this is frequently done, when there i6 no kind of expectation of his undertaking the truft, and has its incon^niences. For remedy hereof it might be expedient to ha^^e an order of Patri- cians or Eiquircs inftituted, to be all men of fortune or good landed cthtes, and appointed by the Governor with the advice of Council, and enroU'd in the Secretary *& office, who fiiou'd be es^empted from the lower offices in government, 5 ■. the juftices now drc s and to have the leglfla- tive Council (which in the firft inftance might /be nominated by the Crown) from time to time filPd up, as vacancies happen^ our of this order of men, who, 4f the order confifted only of men of landed edates, might ele damus, as at preient in the royal goVetaaxavB As the gentlemen of the Council would raiiV' above the body from which they are takenv they might bear ^ title one degree above th^ of Efquire. Befides this legiflative Cbimeil) a privy Council might be eilablifh'd^, to oonfift of fomt or all of thofe perfons who confiitute the legi*> native Council, and of other perfoos tnembd'ft of the Houle of Reprefcntatives, or otherwile of note or diftinfbion i which wou'd extend the honours of government, and aflTord opportunity of diftinguifliing men of charadiier and reputa^ tiony the expe€l:ation of which wou'd make go* vernmcnt more refpe6tablc I wou'd not trouble you with thcfe neverles of mine, were I not ^Ured of your readineft to forgive the communication, although you tould apply it to -no good purpofc* * *^ ^ Mr. Spooner fent me a^ pamphlet under a h\raik cover, intituled, ^^ the ft ah cfrbe nation** ^J hin over it by myfelf before 1 had heard any one mention it, and thot I cou'd evidently mark ^the fentiments of fome of my friends. By "what i have fmce heard and feen, it looks as if 1 wa^ not miftdken. Your right honourable friend I truft will not be offended if I call hirn mine— I am fure you Will not when I term you •iuch— I have fettled it for a long time in my Da owa ^^m t 36 ] ^€Wn n^ihd, that without a reprefentation in tl|i fupreme legtdatare, there cannot be that union between the head and the menibers as to pro- duce a healthful conftitution of the whole body. 1 have doubted whether this union could be perfected by the firfl experiment. The plan here exhibited feems to be formed in generous and moderate principles, and bids the faircfl of any I have yet feen to be adopted. Such a great delign may, as in painting, require frequent touching before it becomes a piece highly finifh'd^ and after all, may require the meliorating hand (^ time to make it pleafe univerfally. Thus the ^ritiih conftitution, confider'd as without the colonies, attain'd it's glory. The book I had ient me is in fuch requeft, that I have not been able to keep it long enough by me, to confider it in all its parts. I wifh to hear how it is received in the Houfe of Commons. I find by the publications^ botii of Governor Pownall and Mr. BoUan, that they each of them adopt the idea of an union and reprelenution, and I think it muft more and more prevail. The: argument againft it from local inconverJepcy, iiiufl;,, as it appears to me, be more than balanc'd . by greater inconveniencies on the other fide the queftion : the greaw difficulty will be in the tc^r^s of union* — I add no more, as I fear I have . t^w.t 5'^'"'Sli •*■ t 37 1 already trefpafsM much on your time and pa- tience, but tliat I am. Sir, Your obliged and moll obedient humble fcrrant, ANDREW OLITER. SIR, New-TorK ^uguft n, 1759.' T H AVE been in this city for fome time paft •*■ executing (with others) his Majefty's com- miflion for fettling the boundary between this province and that of New-Jerfey. I left Bofton the nth July, fince which, my advices from London have come to me very imperfect 5 but as my friend Mr. Thompfon writes me, that he had drawn up my cafe, and with your approba- tion laid it before the D. of Grafton, I think it needful once more to mention this bufinefs to you. There was a time when I thought the autho- rity of government might have been eafily re- ftort d ', but while it's friends and the officers of iStsi. crown are left to an abjeft dependance on tfTiL. ^ery people who are undermining it's au- thor cv J and while thefe are fuffered not only ta go unpunifhed; but on the contrary, meet with all kind of fupport and encouragement, it can- not be expected that you will ever again recover that refpe^, which the colonies had been wont D 3 to wmimmmiimim npn • t $8 1 ta pay to th^paremt ftate. Government ^t home will deceive iticlf, if i,c imagines that the taking oflfthe duty on ^1^> pj^per and painter's colours will work a F6conciIiatk)n, and nothing more than this, as I can learns is propofed in Ld. H's late circular letter. It is the principle that is now difputedV the combination againft impor- tation extends to te^ although it comes cheaper than cvivy as well as to the other forementioned articles. In Virginia it is extended lately to wines ; and I havt heard • ""o of the firft leaders in thefe meaiures in Boflon . that we fhould never be upon a proper footing 'till all the re- venue a I muft expe(5t to be abufed lor i|. Nor do I ^ find that Qm: Chi^f Jul^ifi^ has received thq £. 2oa granted hv^i for i^% fervice ; ^pd yet the Aflfeipjbly have th^s year W;ithheld h^s Mfu9X grant, moil probiab^y bccs^ufe he has ^\d^ a warrijn^ frpm, the c^owij. .ion ic su: With r^ard tQ my nogociatdoos. wiA Mr»^ Rogers^ I did in QQi^ovmicy tQ your opifl^Qi^ make an apology to Mr. Secretary Pown^U fqr mentioning it, a^(| ther^ Cubtnitted. it. I ^^ar ^ It has been, ri9C^ tal^'4 of t ^*^^ gnlefs I cpv^ld^ be affured in one fh^pe; or ojther o^ £, g/o^ p©D annum, with ^e„ othjeij o^ce, | would not chufe ^tp qvit wha^ l.hav^* I hayecjK) ambition to be diftingui(bec|^ if I am oply to be held up as a tifiark of popular envy or rcfentment. I was in hopes before now, through the intervention of your good offices, to have received fome mark of favour from your good friend •, but the time is j>ot yet come to exped it through that channel ! I will however rely on your friendfliip, when- D 4 ever ^f^m^ HPiiPiiP^ mfimmmimmi^^mmtmfmfmmm i 40 ] ever you can with propriety appear in forward- ing my intereft, or preventing any thing that may prove injurious to it. If Mr. R. has intereft enough to obtain the Secretary*s place, I (hall upon receiving proper fecurity diink myfelf in honour bound to fecond his views, though I have none at prefent from him but d conditional note he formerly wrote me. If he is not liice to fucceed, and my fon Daniel could have my place, I would be con- tent, unlefs affairs take a different turn, to relign in his favour, whether adminiftration (hould think proper to make any further provi0on for me or not. And yet I never thought of with- drawing myfelf from the fervice, while there appeared to me any profpeffc of my being able to promote it. If I have wrote with freedom, I confider I am jwriting to a friend, and tl^at I am perfectly fafe in opening myfelf to you. I am, with great refpc6t. Sir, Your mo& obedient, humble fervant, ANDREW OLIVER, •r^; 7" .,J'. 4»*y. mmmmm t 4V 1 Dear Sir, THE Commiffioners of the Cuftoms have met with every infult fince their arrival ac Bofton, and at laft have been obliged to feek proteftion on board his M?jefty's (hip Roinney : —Mr. Hallowell, the Comptroller olf the cuf- tom^, who will have the honour to deliver you this Letter, will inform you of many particu- lars i he is lent by the Board with their letters to government. Unlefs we have immediately two or three regiments, 'tis the opinion of all the friends to government, that Bofton will be in open rebellion. I have the honour to be, with the greatefl: relpedt and warmeft regard, ' Dear Sir, Your moft faithful and obliged Icrvant^ CHARLES PAXTON. Qn hoard bis Majefiy^s Ship Romney^ Bojion Harbour^ June 20, 1768. My Dear Sir, Boftony Dec. 12, 1768. I Wrote you a few days ago, and did not then think of troubling you upon 'any private affair of mine, at Icaft not fo fuddenly 5 but within this day or two, I have had a conver- fation with Mr. Oliver, Secretary of the pro- yiq;:e, the dcfign of which, was my fucceeding 5^ to I "im I 4» 1 to the poft he hoWs from the crowA, upon the idea, that ^ v^ix^n would be made for Qor venxor ^Cf ' *rd, 4 the Lieutenant Gpvernor w,uld fticwfd. to the ch^ir, then the Secretary U defMOUs of being Lieutenant Governor, and if ia 4>%y^y three hundred pounds a yea^r . could bill^ncxed to the appointment. You ar^ feAfible. tHp appointment is in one, department, ^nd the gr^nt in another i now the prefent Lieu* tenant Governor Ixas an a^^nment of £, 2qq 9, year Mpon the cuftoms jiere i he Kas not receiyeiik ^y, thing from it a|s yet, and is doubt* ful if he (hall ; he has no doubt of ^ts laple tg the crowp, if he ha^ the chair i if then by ^ny intereft, that fum coyld be aligned to Mr* Oliver as Lieutenant Governor, and if he Ihould he, albwod (as has been qfuail for all Lieutenant ([^pverno^) tQ hold the command of the caftle, that would be another £ioq. This would compleat the Secretary's views; and he thijok^ his public fef vices, the injuries he has received in that fcrvice, and the favourable lentiments entertained of him by government, may lead ium^tashe^ views, ^nd he hopes for ^he intoreil of his friends. The place of Secretary is worth £, 300 a year, but is a provincial grant at pre^ iai% fotkat it will not allow to be quartered on i And as I had view upon the place when I was i^ England, and weat ib far as to conyepfe >^ith feveral t A3 ] feveral men qf in(ereft \|pon it, thQU^k I QCVi?C had an Qpporl(unicy Cq mention, it to yqu afcejj^ I recovered my Ulnels— I |)op^ ygu, will aUpW me ycvur influence, and by extendin^f ic at (be Treafury, tp facilitate tiie aiTigiHQcat gf chf £. 2CO a year-, it will be fcrvipj; t)|w ^cr^tarj^ and it will very much Qbligf mp.— fi^jfsT^ThQ Secretary is advanced in life, thoy^ti mud) nfipre fo ip health, whiiQi^ ha^ been muchi inv paired l^y the injuries he received> and he wiUw to quit the mgufc; a^yefceqc;^^ (^ ^onfiderf this as^kinid of utiurn^ £^i» ^Di^i/^/^,. andJE^ono merits one nciay thn^* ];ie ha$ a clfttn^ to ii;.. t will me^tioA ta ypu the geqtlf^ovu^ vhp atf acqiwin;c4 with uay views, wd whpfi; fuyQurablje a|)prob^tio^ I k^yp^i^s^, ^Goyeww JpQWAallf Mr. Jfbl^ Pa>yfliall»..afi4, Px. J^ra»Win.-r-^(5(3^ tQr4 Hi^provghi^i?^t^i?^qH|iyiii^ec^ with iK.-^ i have, fincel hive^ljsefn bj^rc, wwte Mr^ Jack- fon vpoA tho fubje^, and have, by Uus- v^ilel wrote Mr, Maudwt. J tjjink my chara^ef ftapds fair — I have not been without application t^ p^bfe: afifaiw^j and.b^ye acquired iqi^rpj^ know- ledge of i Qur provincial affairs, and notwith* ftanding our many free converfations in England, I am confidered here as on government fide, for which I have been often traduced both pub- licly and privately, and very lately have ha4 two or three flaps. The Governor and Lieu- j, (enant £ 44 ] tenant db^'fhor'arc fully acquaintc3 wi'tli the negociation, and I meet their approbation ; all is upon the idea the Governor is provided for, and there fhall by any means be a vacancy of the Lieuti^nant Governor's place. I have gone fo far, as to fay to fome of my friends, that rather than not lucceed I would agree to pay the Secre- tary £, 100 a year out of tlic o/Hce, to make up £. 300, provided he could obtain only the af- fignment of ^.,206 — but the other propofal would, to be fure, b£ moft eligible. I fcarce Icnow any apology to make for troubling you tiipottthe fubje£t i the fHendfliip you fhewcd me in L the managemeht of the Cenfure paflied upoa the(b letters s but of this riot we all of us in due [ 47 1 due time fVom our (bveral correfpondents kneit full as much (is Mr. Whwely did from hii •. The letters mention Che .ombiMtions at Bof* ton agtinft takkig our fpoda : but it it a crime to write ai news, what they wifhed to have cold to all the world ? and pHnted in their news- papers for that very {nirpdi^, ih order to bully Gur MinHters, and frighten our Mei^chams and ManufaAuktn. thty ihention chat tipon the Governor^ not j^ging it proper to tall an Aflcmbly at the will of the party leaders at Bodon, theft townfmen cook upon themfelves to write circular letters to all the towns and dif- tridts, to fend one peribn each to Bofton—^And do we not all know that they did iendfuch fiini- mons ? and that this Mock Aflembly did meet ? and did they not defire that the world ihould know it, and pubUlh their refolves for that rpur* pole? -'.ij .jj /.y^ , . . . .... Thefe letters mention the need there is of the gpverisment's fupporti^g and encouraging the * * Ih this riot, Mr. Hiu-rifon, fhe ColIeAor, an «ld ^ntletnan of an irrepr6iichtil>Ie dkUmiSber, and very re* i))dftable appearance, recdved a contufitin in his I^reall by « brick-bat, which was thrown at him; under the ill effedt of which he languiflied for more than twelve nxMiths, and probably might have been trampled to death, if his fon and others had not refcued him. ^his is what ehey called ^ Bi'Qfli, or fmall difturbance with boys and negro^. ii I* II V ff^wmmmwimm -V [ 48 J the officers of the crown in the faithful difchargc of their duty— And had not the Houfe of Com- mons long before this determined the very fame thing ? and did they not addrcfs his Majefty, that he would fo fupport and countenance them ? They mention the common people's having been worked up into a frenzy, and their having talked of dying in defence of their liberties— And have they not been perpetually publilhing threatcnings of the fame fort ? and in all their papers found- ing the trumpet of mutiny and fedition ? The letters fay that many of rank above the vulgar, and fome in public pods, had encou- raged this frenzy. And do thefe cenfurers pre- tend to fay they were not in fuch a ftate of confufion ? Far from denying the truth of this account, the Committee of Council themfelves acknowledge that '' the ftate of things at this *' time was greatly diibrdcred, but the great- *« nefs of this diforder they fay arofe from «* other caufes j which they there enumerate. , Whether they or Mr. Hutchinfon were right in their judgment about the cauic^s of theie dif- orders is immaterial to the prefent :irgumen£* Both acknowledge that there were diforders. And had not Mr. Hutchinfon as good a right to give his opinion about the caufes of them to a private correipondent, as ihefe gentlemen have openly Li:ij ,.0'l« -..li ■ r ^^mmmm^wmmmmmmimm mmmnn '.*■■ f C "49 3 Openly to traduce the Britilh Government," and to fay that they were owing to them ? "NYith the relation of thefe fafts, the letters mention the writer's fentiments vipon Govern* . ment, and fuch other fubi(^6ts as occur J fenti- ments which, as Mr. Hutchinfon juftly obferves, contain nothing refpeding the conftitution of the colonies, more than what is contained in his public fpeeches to the Aflfembly. But whether they did or did not, will thefe Ions of liberty, as they affect to call themfelves, avow the pofi- tion, that a Gentleman of Bofton ought not to write his opinions to his friend in London, un- lefs thofe opinions do exactly coincide with theirs? I fay nothing of the moderation and good tem- per which appears in all thefe letters ; for if they ' could have been ftill more temperate, yet, while • Mr. Hutchinfon (lands in the way of the leaders of ft fusion, who can live by nothing but con*' fufioD, they would have equally condemned them. They wanted nothing more than to get fome letters under the Governor's hand ;. and whatev.T they were, they would have condemned them in the fame manner as they do thefe, and have found that the defign of them was to over- throw the Conftitution, and to introduce arbi- trary power int J the province. Thus they have treated their former Governors •, thus they have treated tliis ; and, if Mr. Hutchinfon were to E die. wmmmm .1 . ■ iHf WM [ 50 J •die, in three months time they would treat his fucceflbr in the fame manner. I might juftly reft the matter here ; and ap- peal to every impartial reader, whether if his own private correfpondence fhould, by any adk of fraud or perfidy, happen to be betrayed, h(3 would not feel himfelf happy to find, that his letters contained as many things, as thefe do, for his friends to commend, and fo very few for the malice of his enemies to carp at. But as thelc men affedt a mighty concern left Mr. Whatcly (hould have fliewed his letters to the King i and they might interrupt and " alienate •' the aflfc^bions of our moft gracious Sovereign «* King Geo''ge the Third, from his loyal and *' affeftionate province ; and deftroy the har- ** mony and good will betwrivate letters, and to believe that * they had a natural * and efficacious tendency to interrupt and * alienate the afFeflions of our Moft Gracious * Sovereign, King George the Third, from this ' his loyal and afFeftionate province : to deftroy * that harmony and good-will between Great- E 4 ;| Britain r X r 5^ J * Britain and this colony, whjch every friend td * either would wifh to eftablifh ; and to excite * the refentment of the BritiQi Adminiflratio^ * againlt this province, Sec* At that very time," when they knew that they had been flying in the face of his Majefly, fet- ting a£bs of parliamer^t at defiance, and pa01ng the moft feditious refolutions againfl: the dignity^ of the Britifh nation, and the fupreme autho- rity of the empire ; at that very time thefe ten- der-minde4 loyalifts are moft piteoydy con- cerned aboqt fome private lette^rs, left they iliould interrupt and alienate the afFe(5bions of their Moft Gracious Sovereign- King George th^ Third: Letters which fet them in a light of Innocence, compared with the iputinous and infolent portrait, which they have here drawn of themfelvcs. After having in their public votes fpurned at the King's orders, aflumed to themrelves the controu) of h]s Coqrts of Juftice, and profcribed the King's Judges as enemies tathe conftitution, ^nd promoters of arbitrary government, if they obey the King's order, founded on an aft of parliament, and receive the King's falaries, they then call themfelves his moft loyal and affec-» donate fubjeds. They openly recite a folemn ^<^ of the Britifli legiflature, and make a counter declaration of :.; r :,. their ^4 ;«?, E 57 1 their own in direct oppofition to it ; and then pretend to be mightily afraid, left thcfe letters to Mr. Whately Ihould deftroy the harmony and good will between Great-Britain and the colony. But not content with profefllng their great concern to prefcrve the good will of the Britilh nation, and to appear to his Majefty as his moft afFe(5tionate fubjefls, they arie anxious even about the good opinion of his Minifters; and are grievouHy concerned, left thefe letters Ihould txcite the refentment of the Britijh Adminiftra^ tion. Readert thefe very men, Adams, Han- cock, &c. who, in the form of a Committee of Correipondence for the town of Bofton, have been inflaming all the town$ in the province againft the King's government; who, in the form of a Committee of Aftembly, drew up thefe refolutions, and thefe cenfures ; thefe yery men, in a meflage to the Governor, 12th February, 1773, exprefs themfelves in the following terms; * We arie more and more convinced., that it has * been the defign of Admihiftration, totally to *■ fubvert the conftitution, and to introduce arbi- * trary government into this province/. Doubt« lefs th^ King?s fervants ought, every man of them, to join in advifing . his Majefty to difmifs his Governor and Lieutenant-Governor, who could fuppofe any thing ill of men who flood io tnuch in awe of their refentment ? - There % •%i [ 5« ] There is one remark more, which cannot have cfcaped the Reader. One of the chief palTages objected to by thefe cenfurers, is that where Mr. Hutchinfon fays : Mf no meafures (hall have * been taken to fecure this dependance, or nothing * more than fome declaratory adts or refolves, * it is all over with us.' Can there poflTibly be required a ftronger proof of the truth of this obiervation about the inefficacy of our declara- tory a6l, than the counter declaration which we have now feen? yet, after having themfclves verified the prediction, they would have his Majefty turn out his Governor for having made it* Reader, there are but too many men to be found, who, after doing a bad thing, will be falfe enough to charge it upon others. Thtre are 9]io other inftances of men, who having done t wrong things will aiFed to confider as the higheft affront, the being tokl that they have done it. But for men Brft to do ^ thing, then to avow i]t, and publUh to the world that they haVe done it ; and after all this to cenfure it as a crime in their Governor to fuppofe them capable of doing it : This is a degree of eflfrontery fuited only to the compleision of a Bofton Committee-m^n, . ^ ' iV.- A '> [ 59 ] •T^HERE are a few other remarks which it may be of ufe to make upon thcfe letters. The only exceptionable cxpreflion in Mr, Hucchinfon's letters, is that in which he fays : fJbere muft be an abridgment of what are called Englijh Liberties, And this appears fo, only from our not being apprized of the meaning of it. An Englifli reader naturaHy concludes, that by Englijh Liberties^ is meant our being governed, not by arbitrary will, but only by Ads of Parliament. In the Bolton new dia- le£t the import of this phrafe is juft the con- trary 5 and what they call Englijh Libirties^ i$ the not being governed by A<5ts of Parliament, The reader need only look into their votes and public proceedings, tO' be convinced that this is the true and avowed fenfe in which they underftand it. In the Charter of the Maflachufet*s colony. King William, in the words of their old Charter, fays : • And < farther our will and pleafure is, an^l wt * do hereby for us, our heirs, and fucc^flbrs, ' grant, eftabHili, and ordain. That all and * every of the fubjefts of us, our heirs, and « fuccefTors, which fhall go to and inhabit within < our faid province and territory, and every of ! their children, which fhall happen to be born ^ * there. 1 60 ] there, or on the fcas tn going thither, or re- turning from thence, fhall have and ?njoy all ' liberties and immunities of free and natural « fubjedts, witbiu any of the dminiom of «i, eur « heirs^ and fuccejfors^ to all intents, conftruc. f tipns, and purpofes whatfoever, as if they and f every of them were born within this our realm « of England.' From King William's reign to this, no one ever had the leaft doubt about the meaning of this claufe \ and the New-Englanders have ever enjoyed the full btneBt of it, by their being tr(:ated in all parts qf the King's domi- nions, wherever they came, not as aliens, but as denifons, and enjoying all the liberties and im- munities of free and natural born fubjedls. This I fay has invariably hitherto been underftood to }pt the meaning of this paragraph. But within thefe few years, the leaders of the faflion at Boiton have been inftrudted to put a quite new interpretation upon thefe words, and to fay: The people of England have u ri2;ht to chufeRe- preientativcs for themfclves, and are govcrnr'i only by Adbs of Parliament \ the charter fays, that we (ball eqjoy all liberties and imniiunities of free and natural fubjedcs within apy of the King's dominions; therefore we too have as good a right, as' the people of England have, to qhoofe our pwi^ Reprpfentatives, ai^d to \)t governed only by the laws made by our owi^ Aflenibly^ [ ^I 1 AfTembly i and the Parliament of England have nothing to do with us. We, as well as the in. habitants of England, by our charter are entitled to Englilh liberties, and therefore we will make laws for ourfelves •, and no iegiflature of Great- Britain has any rigiit to controll us. A fubordinate power of legiflation, for the well ordering the fcvcral provinces and corpora- tions, and for the making laws for their own gooi government among themfelves, that is a power which wc can well underftand ^ and ac- cordinj^ly in the MafTachufetts Charter, as well as in mod other Charters, there is an expreis claufe, giving them this legiflative power, and limiting the extent of it ; that its laws (hall not be ^-ep'Tgnant or contrary to the laws of the realm, or as the next paragraph fays, repug- nant to the laws and ftatutes of this our realm. But thefe Boftoners pafling over this, and all the other claufes in their Charter, which pro- vide for their welfare and good government, while they continue in the province, have mofl: unfortunately chofen to build their high claim of independence upon that flngle clauie which grants them nothing while they arc in the pro- vince, but only provides for their good recep-. tioB in all parts of the King^s dominions^ when they go outoi it. ■ - .:. . ..; ^ I ■ In^ mmm^m^mKmi ^mmmiiffmmmmm^^vi%i\\\9t*m mwmmmm ■,■■•;,■,, V,.,: 'J g^ J :, In oppofition ib thh wild and futile claim of independence, Mr. Hiitchinfon infills, « that < from King William's days to thefe, the oldeft * man living never heard of this interpretation. * That never before thefe days was a doubt made * of the fupremc authority of Parliament oi^er * every part of the empire. That in every go- * vernment there muft be fomewhere a fupreme * uncontroulable power, an abfolute authority to * decide and determine. That two fuch powers « cannot co-exift, but necefTarily will make two « diftindt ftates.* Whether it be right or not, that the empire ihould be fplit into a number of feparate and indep'^ndent governments, which fhall each of them be at liberty to tak their own courfe, and make laws according to their own liking, with- out being fubjefl: to any contrcul from that fupremc kgiflature, which has hitherto been thought to have the care of the whole, and wh jfe duty it is to fee that no part of the empire fuffer any detriment, that is an argument which I leave to the determination of a fuperior authority. Whether it be a juflifiable procedure to fofter and encourage this froward humour in the Colo- nifts, avid to fupport them in thefe pretenfions of independence, till we have nurfed up their difcontents U r «3 3 difcontents into mutiny and rebellion : whether, I fay, it be a juftifiable thing to do this, for the fingle purpofc of diftrefllng or ovcrfetting a ininiiury, that I leave to the difcretion of our party leaders. All that I have to obferve is this : That if by Englifh liberties and immunities be meant a right given to a fet of fubjeds, wherever they go, to ered a legiflature of their own j and then to fay that they will be governed by that only, and that the Parliament has nothing to do with them •, if, immediately after King James had beer expelled for attempting to fufpend a very few Afts of Parliament, it can be fuppofed, that King William meant to affume a power to fufpend them all ; we may then allow, that the people of Bofton have a right to vote thefe to be; Englifli liberties. But if the Britifh empire be but one em- pire, and we do not wilh to fee it crumble to pieces, and break it into as many fep^rate governments, as are the provinces, counties, and corporations contained in it : wc muft then be convinced, that a grant of Englilh liberties and immunities does not mean a right given to every province or corporation of the empire, to feparate itfelf from the reft of the Britifli dominions, and to form to itfelf a legi- flature of its own, which (hall be uncontroulable by Parliament : Or, . ■ V mmmmmrmmmmmmifmim t 64 ] Or, if the people of Maflachufetts Bay w31 pcrfiit in the ufe of this phrafe ; and will fay, that this ought to be called Englifh liberties; we mufl then fay, as Mr. Hutchinfon doe?,, that the BritiQi empire is but one, and thar to prelerve that unity, there mud be an abridg- '1 ment of what are (thus abfurdly) called Effglijb liberties^ i-V . n-^ ■':* i:'ir\. vj «;;« rf- - A. -. (T * >-. . *-. ^^ ili wmm To the Right Hon. the Earl of Dartmovtu* (Copy) ^ My Lord, London^ Auguft 21^ ^773' T H AVE juft received from the Houfe of Re- •^ prefentatives of the Maflachufett's Bay, their Addrefs to the King, which I now enclofe, and fend to your Lordlhip with my humble requcft in their behalf, that you would be pleafed to prefent it to his Majefty the firft convenient opportunity. . I have the pleafure of hearing from that pro- vince by my late letters, that a fincere difpofition prevails in the people there to be on good terms with the Mother Country 5 that the Aflembly have declared their defire only to be put into the fituation they were in before the ftamp a(5l 5 they aim at no novelties. And it is faid, that having lately difcovered^ as they think, the au- thors of their grievances to be fome of their own people, their refentment againft Britain is thence much abated. This good difpofition of their's (will your Lordlhip permit me to fay) may be cultiv^ed by a favourable anfwer to this Addrefs, which I therefore hope your goodxiefs will endeavour to obtain* With the greateO: refpefir, I have the Honour to be, my Lord, &c; b: franxlin. Agent f^r the Houfe of Reprefentatvues, w^ ■pp t 68 ] To the Clerk of the Council in waiting. (COPY) S I K, fVhitehall^ Dec. 3, 177^. 'T^HE Agent for the Houfe of Reprefentativcs -■* of the Province of the Maffachufctt's Bay, having delivered to Lord Dartmouth an Addrefs of that Houfe to the King, figned by their Speaker, complaining of the conduct of the Governor and Lieutenant Governor of that pro- vince, in refpedb to certain private letters written by them to their correfpondents in England, and praying that they may be removed from their pofts in that government-. His Lordfhip hath prefented the faid Addrefs to his Majefty % and his Majefty having fignified his pleafure, that the faid Addrefs Ihould be laid before his Majefty in his PriVy Council, I am dkefbed by Lord Dartmouth to tranfmit the fame ac- cordingly, together with a copy of the Agent's letter to his Lordfhip accompanying the faid Addrefs. •/ «••'/'-' ■'" *■=-' £(:-uiiw(.jjiuj i;uu2 *^''*'^^ ■■ ■ 'ti^vr-w lam. Sir,' *:: 02 srn :imiun i:';(}'/:t\.[ ^""' '^ ' Your mofl obedient humble fervant, (Signed) 1 J \) t t. ^ t . ^ •«V' ■■ ' T^e J. POWNALLw •JjC To the KIN G's Moft Excellent Maiefty. :~x. '''" M^T? Gracious Soverei^n^ ' -' ' '"^'^li^^^ ';^ WE your Majefty's loyal fubjedts, the Re- prefentatives of your ancient Colony of the Maflachukts Bay, in General Cou^t legally aflembled, by virti-o of your Majefty's writ under the hand and feal of the Governor, beg leave to lay this our hunible Petition before your Majeity. , Nothing but the fenfe pf the duty we' owe to our Sovereign, and the obligation we are under to confult the peace and fafcty of the Province, could induce us to remonftrate tp your Majefty the Mal-Condu6t of pcrfons who have heretofore haJ the confidence and etlccm of this people, and whom your Majefty has' be (-n pleafed, from the pureft- motives of renciciing your fubjedts happy, to advance to the higheft places of triift and authority in the Province. Your Majefty's humble petitioners, with the deepeft concern and anxiety, have feen the dif- cords and animofities which have too long fub- fifted between your fubje- cipal Servants being, unfortunately for us, mif- infqrmed in certain fa6ls of very intercfting impor- tance to us. It is for this reafon t;hat for^ner AfieTOblies haye from time to time prepared ^ true (late of Fa6ts to be laid before your Ma- jefty, but their humble Remonftrances and Peti- tions, it IS ^.f cfpfned, have by fome means been I.J < ^ , , ^ •'...,, , prevented from reaching your Royal hand. Ypufi Majefty's Petitioners have very lately had before them' pertain papers from which they Jiombly conceive, it is moft reafonable to fup- pole, that there has long been a conifpiracy of evil men in this province, who have contem- plated meafures and formed a plan to advance thcmfelves to power and raife tlicir own fortunes by means deftrudive of the charter of the pro- vince, at tl^e expcnce of the quiet of the nat^n, and to the annihilating of the rights and liber-, ties of the American colonies. And we do with all due fubmifllon to your Majefty beg leave particularly to complain of the cohdu^ of his Excellency Thomas Hutchin- Ibn Efquire Governor, and the honourable JVndrcw Oliver Efquire Lieutpnant (Governor Of Tvinm r 91 1 of this your Majefty's province, as having a natural and efficacicus tendency to interrupt and alienate the affedbions of your Majefty our Rightful Sovereign from this your Loyal Pro- vince, to deftroy that harmony and good-will between Great- Britain and this Colony, which every honeft fubjefb would drive to eftablilh, to excite the refentment of the Briti(h Admini- {(ration againft this province, to defeat the en- deavours of our Agents and friends to ferve us by a fair representation of our ftate of fafbs, to prevent our humble and repeated petitions from reaching the ear of Your Majefty, or havmg ^he^r dcfiffd effci^f And finally that the faid Thoma^ Hutchipfqn ai>d Andrew Oliver have Iseen among the chief jpftruments in introducing g Qeet and sm army into this province, to eftablifh and perpetuate their plans, whereby they have jbeen not only greatly inftri)mental of cjifturbing ^he peace and harmony of the goverfiment, and capOng unnatural and hateful) 4^^^^r^§ ^?^^ ^"^^ nioficies betweei> the i^eral pa^rt^ of your Ma- jefty*s extenfive doniinions, bpt ^re juftly charge- able with aU that corruption of mprals and all that confudon, mifery, and blqodJhed^ whicl^ have been the natural effedls of pofting an army in a populous town. ^> "Wherefore we moft humbly pray that your Msye% would be pleafed to remove from F 4 their Wfmmm^'<^^mm&^ t 7» 1 their pods in this government the faid Thomat Hutchinfon Efquire and Andrew Oliver Efquire, who have by their above-mentipncd conduct and otherwife rendered the Tifelves juitly obnox- ious to your loving fub)c6ts, and intirely loil: their confidence : And place fuch.good anu faith- ful men in their ftciad as your Majefty in your great wifaooi fliali think fit. ^f.'li^-* *, -' ^ • Jn the name and by ordei of the Ho\\k of . -J .yi; .Reprefcntativ?^, ■ ' ."'. .. '■ ,V"ii i. ,. : . . ... : .THO. GUSHING, r- Itir. '. ..Speaker^.- ^, luiH ^(]% 'h ... '' (lil IrJi A '^WihpMi tl>ni *> .^ *:i ^3P^^^ t 73 J .iji^ Mw - TO THE LORDS COMMITTTiE His Majesty's PRIVY COUNCIL, •» i> *» » (^ nr .»w "FOR PLANTATION AFFAIRS. The PETITION of ISRAEL MAUDUIT, •f ' • . . • ■ . Humbly fheweth untp your Lordships, ^TT^II AT having been informed that an Ad- •*' drcfs in the name of the Houfc of .Repre- fentatives of His Majcfty's Colony of MaflTachu- fett's Bay, has been prefented tO His Majefty, by Benjamin Franklin, Efq. praying the removal of His Majcdy's Governor and Lieutenant Go- vernor, which is appointed to be taken into con- fide ration on Tuefday next : Youf Petitioner, on the behalf of the faid Governor and Lieute- nant Governor, humbly prays, that he may be lieard by counlll in relation to the lame, before your Lordfliips Ihall make any report on the faid Addrefs. ISRAEL MAUDUIT. Clemens Lane* ^.. ., Jan, 10, 1774. M/i, / ^■* 0) m^mmmmil^mmm^ «pi f n 1 To /-6tf P R I N T E R of t/jc Public Advertiser, SIR, ipINDING that two gentlemen have been '^ unfortunately engaged in a duel, about a tranfaftion and its circumftances, of which both of them are totally ignorant and innocent, I think it incumbent on m^ tp declare (for the preventien of ^rther mifchief, as far as fu(:h a declaration may contribute to prevent it) that I alone am jtjie perfon who obtained and tranf- mitted to Boftoii the letters in queftion. — Mr. Y^, could not cpthmunicate them, becaufe they ^ere never in bis poifeflion *, and for the fame l^afon, they (:ould not bp taken from him by Mr. T. — They were not of the nature of pri- vate letters between friends. They were writ- ten by public officers to perfbns in public ftation, on public aETairs, and intended to procure I public meafures •, they were therefore handed to other public peribns who might be influenced by them to produce thofe meafures : Their ten- ^ "-%--- , ■" ^v dency t 75 1 ^cocy was to incenfe the mother country agalnft her coioaies, and, by the fleps reoommended^ to widen tfyi breach, wj^ich they effedled. The ,chief caution exprefled with regard to privacy, was, to keep theif contents from the Colony Agcnjts, who the writers apprehended might return them^ or copies of them, to America. That apprehenHon was, it feems, well founded ; for the jQrlt Agent who laid his hands on them, thought it his duty to tranfmit them to his Conftitucnts. %. B. FRANKLIN, Jlgcntfor the Houfe of Reprefen' fativcs of the MaJfachufettS'Bay^ CravenTftrcet, pec, 25, 1773. V^-i^K' \Srri\-'-'' : yW'*^^^:. ■%* ^^fim^BBiw »' ^""■" '•"■«"■ 'm^mmmmi w t ^: ■Is •;r;.-'V-?f.,.^, •J nc ccfT'::? '.:l c- rr;'':i3 .::. 'J'i l:i o^ vj ,n • \ ■F" mm . . I [ -77 1 At the Council Ck a>iber, Jan. 1 1, 1774* Present, LvrJ Trefident^ the Seer eta-- ' ' "' ries of State^ and many other Lords» Dr. Franklin and Mr. Boll AN, . ' ^ Mr. Mauduit and Mn Wedderburn.' Dr. Frariklm's Lcttcl*^ and the Addrefs, Mr. Pownal-s Letter, and Mr^ Mauduit's p€;tition^ were jead, „ j./;ii2v/' v^fb-'worl •bnr'rroon!^ 10 -^J-M Mr, Wedderhurn, ~ 'Tile Addrefs ttrentibns cert^n papers. I would wifh to be informed what are thofc papers. i^ji^lj ► rniM .il,^ '' ■ ■ \Dr. Franklin. ; '' v '% " f ^ ' '• ' ttey are the Letters of Mr. Hutchinfon and Mr, Olivier. '.* « •.' » -1. • V r a' Court, ! -i I «./ Have you brought them ? ! : •' Dr, Franklin, No, but here are attefted copies. • «vL ii'i*' i.'iii"! ^i "' • f> Court, 'WPPPIf*! , ttr-78 3 Court, i)o you not mean to found a charge uporf them ? if yQu do, you mult produce the letters. Dr. Franklin. Thcle copies are attefted by feveral Gen-^ ticmen at Boftoh, and a Notary Public. Mr. mdderbum. "r My Lords^ we (ball not take advantage of any imperfe£tion in the proof. We admit ihat the letters are Mr. Hutchinfon's and Mr. Oli- \ •r*s hand writing : referving to ourfelvcs the right of inquiring how they were obtained. Br. Franklin. ' I did not exped that Counfel would have been employed on this occafion. Court, y .vi':,m: | Had you not notice fent you of Mr. Mau- duit's having petitioned to be heard by Counfel on behalf of the Governor and Lieutenant Go- vernor ? Dr. Franklin. I did receive fuch notice, but I thought th«t this had been a matter of politics and not of law *, and have not brought any Counfel. V . Ceurt, 'Si 11'' See an Anfwer to this, pages 109, iso. ^p ■^F"" i 79 1 Courii Where a chargei is brought, the parties hive . right to be heard by Council or not, as they chufe. ^- . ,-, -' r ■• »«* '" " '■,■,'■ • 1 \ ■ r Mr, Mauduit, My Lords, I am not a native of that country, as thtie Gentlemen arc. I well know Dr. Frank- lin's abilities, and wifh to put the defence of my friends more upon a parity with the attack i he will not therefore wonder that 1 chufe to appear before your Lordfliips with the afiiftancc of Counfel. My friends, in their letters to me, i^ave dcfired (if any proceedings, as they fay, fhould be had upon this Addrefs) that they may have a hearing in their own j unification, that their innocence may be fully cleared, and their honour vindicated; and have made provifjon accordingly. I do not think myfelf at liberty therefore to give up the afllftance of my Coun- fd, in defending them againft this unjufl accu- fation. . . Court* Dr. Franklin may have the affiftance of Counfel^ or go on without it, as he fhall chufe. JDr. Franklin, I defire to have Counfel. Court, "T™ 'mimmmm'm m C to :] • ■ ■ Cottff* . ■ IVhat time (hall you want ? f:/?7 :- !5it''W V ■> JDr. Franklin, -f, i >, f Three we-i^ks. Ordendi Tibat the further ^Proceedings lie ^H Saturday 7.^th itifiatit %S) t^i l.)\^tV> ','■*/ *?;i -a a',. tJ'i ■'<•' i ■ f iiir ■■,o •■|t5>f ■■r*i ■-■vi '^ V !■'.( rO-D |j»;4 T.i blnOiP ■■' t- ; f-.v r:";'? Af the Council Chamber,; . .^. . Saturday, Jan. 29, 1774. :-k Present, Lord Prejdent and 35 Lords. fi r. .*..■> Mr. Wedderbuiin. IflPIMV^RMP mi^^^^f^^^t^^^^mmmi^^^m^^m The Subftance of that Part of Mr. W E D- DERBURN's SPEECH, which re- lated to the obtaining and fending away Mr. WHATELY's LETTERS. COUNSEL for the ASSEMBLY, 4' Mr. DUNNING, • Mr. JOHN LEE. COUNSEL for the GOVERNOR and LIEUTENANT GOVERNOR, Mr. WEDDERBURN. G ipnupmir """'—»-■»» I ii««|wpp(p*i vy II a;^ ■*•*— --"^Pwp^WfP" t 83 ] At the Council Chamber, ... Saturday y Jan, 29, 1774. Present, Lord Frcfident and 7,^ Lords, •\ ,■ ^ • 'i» ' \ >'. \- 1 ;.' * .' -MY LORDS, S, ">■'■ i:-/'i:d;' 'T^HE cafe, which now comes before your •*• LordlhipSj is juftly entitled to all ^t at- tention, which, from the prefence of lo ,. jat a number of Lords, and of fo large an audience, it appears to have excited. It is a queftion of no lefs magnitude, than whether the Crown Ihall ever have it in its power to employ a futhful and fteady fervant in the adminiftration of a Colony. In the appointment of Mr. Hutchinfon, his Majefty's choice followed the wilhes of his people; and no other man could have been named, in whom fo many favourable circum- ftances concurred to recommen:! him. A native of the country, whole anceftors wer« among its firft fettlers. A Geijtkman, who had for many years prefided in their Law Courts •, of tried integrity j of confefled abilities j and G 2 who Wlf^mwimmw «!■«■ m I i I ('! fi f 84 ] ■ ivho had long employed thofe abilities, in thcf ftiidy of their hiftory and original lonRitution, My Lords, if fuch a man, without their at- tempting, to alledge one lingle a6t of milconduft, during the four years, in which he has been Governor, is to be born down by the mere fur- mifcs of this Addrcfs, it muft then become a cafe of ftill greater magnitude, and ever be a matter of doubt, whether the Colony fhall hence- forward pay refped to any authority derived from this country. A charge of fome fort however 'k now pre- ferred againft thefe Gentlemen by this Addrefs 5 and the prayer of it is, that his Majefty would purtifli them by a difgraceful removal. If they (hall appear to have either betrayed the rights of the Crown, or to have invaded the rights of the People, your Lordfhips doubtkfs will then advife his Majefty no longer to trull his authority with thofe, who have abufed it. But if no crime is objected to them, no a6k of mifcondud proved, your Lordfhips will then dothejuftice to theii* charafters, which every innocent man has a right to expeft ; and grant them that protection and encouragement, which is due to ofiicers in their ftation. My Lords, this is not the place to give any opinion about our public tranfadbions relating to the Colonies, and I fhall carefully avoid it. But the wliole foundation of this Addrefs refts v/ upon Eiil ^^mr wi'ipii ^ ■IPHMPI iipoii events of Hve and fix years (landing ; txA this makes it ncceflary to take up the hiftory of them from their firft original. In the beginning of the year 1764, « * ^ ^F V ^ ^F V 'n' ▼ ^ y^ ^ y^ ^ * 7l» 'H 9|r 7|f T|f IF V n* n* "^ V * n* V 11^ ^c ^|r *|r ^^ ^fr *n 'p "V ^^ "V ^^ ^' ^^ My Lords, After having gone through the hiftory of this people, for the laft ten years^ and (hewn what has been the behaviour of Mr, Hutchinfon in all thefe occurrences, and the very laudable and friendly part he aded on every occafion fdr the good of the coldnyj I how come to confider the argument upon that foot- ing, on which my learned friends have chofen to place iti They have read to your Lordfliips the Aflcni- bly's addrefs j they have read the letters ; and they have read the cenfures paAed on them': and, after praying the rembval of his Majefty's Governor and Lieutenant-Grovernorj they now tell your Lordftiips : There is no Cadfoto try— i There is no charge— There are no accufers— There are no proofs. — They fay tliat the Gover- nor and Lieutenant-Governor are difliked by the Afiembly, and they ought to b^ difmiQe^ becaufe they have loft the confidence of thofi if^o coiliplain agairift them. V G 3 My ^m '^rmmmnnmiKnimm iumm^^'mrwwi^mmmmm /.I i» t "86 1 My Lords, This is fo very extraordinary di proceeding, that I know of no precedent, except one : but that, I confefs, according to the Ro- man poet's report, is a cafe in point. Nunquam, ft quid mihi credis, amavi Hunc hominem. — Sed quo cecidit fub crimine r— Quifnam v Delator— Qui bus Indicibus? — Quo Telle probavit— Nil horum— Verbofa & grandls cpiftola venit A Capreis— Bene habet : nil plus interrogo. ' My Lords, The only purport of this impor- tant addrefs is, that the Governor and Lieute- nant-Governor have loft the confidence of tlic people, upon account of fome papers, which they have voted to be unfriendly to them, and that they have been among ft the chief injlruments in intrcducing a fleet and army into the province. — Your Lordfhips have heard the letters read, and are the beft judges of -their tendency. I can appeal to your Lordfhips, that it was not thefe letters, but their own ill conduft, which made it neceflary to order the four regiments. In point of time it was impoflible: for in Mr. Hutchinfon's very firft letter, it appears, that they had ian expectation of troops. And they arrived in three months after. I could appeal " too to their own knowledge: for the printed c'ollc(51:ion of Sir Francis Bernard's and General Gage's, &c. letters were before them, which indifputably fliew the dired contrary. *" ' ■mpHHii C «7 1 Buk . my learned friends have not attempted to point out the demerits of thcfc letters, I need not enter into the defence of them. To call them only innocent letters, would be greatly to depreciate them. They contp'.n the ftrongeft proofs of Mr. Hutchinfon's good fcnfe, his great moderation, and his fincere regard to the welfare of that his native province. Yet, for thefe it is, that they tell us he has loft the corfiden :e of the people. My Lords, There cannot be a more ftriking inftance of thr force of truth, than what the Committer v : iw up thefe papers, exem- plify in theii t > ^duct. In their fecond refolu- tion, they ackrjowledge the high character, in which Mr. Hutchimbn ftands upon account of his eminent ahihties. In the very outfet of their addrefs, they acknowledge the gooil ufe which ht had made of thole abilities : for a could not have enjoyed their c« nfidence, as thty fay he heretofore did, if he had made a fcad one. They acknowledge that this confidence fubfifted, at I<;aft till the time of his being made Governor. Elfe they could not exprefs their thankfulnefs to his Majefty as they do, and applaud the appoint- ment of him, as proceeding from the pirejt mo* tives of rendering his fubjel^fs happy. In the heighth of xhdr ill will ' therefore to Mr. Hutchinfon, truth looks his enemies G4 ^11 ill IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.2.5 UilM 1^5 y,|i2 12.2 1.4 1.6 m w / Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MSSO (716)S72-4S03 4^ ^ > C 88 ] full in the face, and extorts from them a con- feflfion of his merit, even in the very adl: of accufinghim. But^ whatever be the cenfures, which the AfTembly may have been induced to pafs on him, I will now give your Lordfhips a proof of his enjoying the people's confidence, to the very time of the arrival of theie letters. Every one knows that there are few rubje6ls, in which the people of the colonies have more eagerly interefted themfelves, than in fettling the boundary lines between the feveral provinces. Some of your Lordfhips may remember the long hearings which have been held at this Board upon thefe diiputes. Of late, they have taken upon tbemfelves to fix the limits of the King's charters. An agreement was made between the two Afiemblies of New York and Maflachuiett's Bay, that they fhould each appoint their Com* mifiaries, to meet and fettle the boundary line between the two provinces. Both of them no doubt looked out for the beft men they had for that purpoie* But the people of MaiTachu- iett's Bay, 9&Kt they had chofen their commilTa- ries, ftill thought that they could more fecurely truft their inteitfts in their hands, if Mr. Hutch- infon would go ak>ng with them. To him they had been ufed to look, as the man, win beft knew the hiilpry of their firft fettlements \ him they confidered as the aMeftd^ender of the province's rights : fWl^J""*"' ' "f ' If^. y*. X »9 1 rights i and had ever foUnd in him the Iil6il zealous affedbion for their welfare. The party leaders perhaps might have been content to lofe to the province any number of acres di^a few townlhips, rather than owe to Mr. Hiftthinfon the prefervation of them. But they ^d not dare to fet their faces againft the general fenie of the people. The Governor was therefore re- queued to go with the Commiflaries.. He did ib, and fetded for them a much better line, than they had ever expefted. And the New York and their own Commiflaries both of them ac- knowledged, that the advantage gained to the province, was chiefly owing to the fuperior knowledge and abilities of Mr. Hutchinfon. Thus far then the Governor's character ftands fair and unimpeached: Whatever there- fore be the foundation of this Addrels for his removal, it muft be fbmething done by him, or known of him, (ince his return from this fervice juft before the arrival of thefe letters. Your Lordfhips will obferve, that his enemies don't attempt to point out a fingle action, during the four years, in which he has been Governor, as a fubjedb of complaint. The whole of this Ad- drefs refts upon the foundation of thefe letters, written before the time, when either of thefe Gentlemen were poile0ed of the offices, froth which the Ailembly now alk their removal. They owe therefore all the ill will which ' has a been 'W*!-™"!". f)een raCifedisgAlnft them, and the lofs of tlia( confidence, which the AfTembly Hhemfelves ac» knowledge they had herecoforie injoyed, to Dn Franklin's good ofHce in fending back theie letters to Boilon. Dr. Franklin therefore ftands in the light of the firft mover and prime con-» dv(^or of this whole contrivance agaipfl his Majefty's two Governors ; and having by the help of his own ipecial confidents and party leaders, firil made the AHembly bis Agent;s in carrying on his own fecret defigns, he now ap-> pears before yoUr Lordfiiips to give the finifliing ftroke.to the work of his own hands. How thefe letters came into the pofTefiion of any :ne but uie right owners, is ftill a myftery for Dr. Franklin to explain. — They who know the afiedionate regard which the Whatelys had for each other, and the tender concern they felt for the honour of their brother's memory, as well as their own, can witnefs the diftrefles which this occafioned. My Lords, the late Mr. Whately was mofi: fcrupuloufly cautious about his letters. We lived for many years in the ftrifted intimacy •, and in all thofe years I never faw a fingle letter written to him. Thefe letters I believe were in his cuflody at his death. And I as firmly believe, that without fraud, they could not have been got out of the cuftody of the perfon whofe hands they fell into. His brothers little wanted this additional aggravation to pp!i«iilMiip|P.im«i|iipi, , I Jiijq t 9t 1 lo tlieio(fl of hitn. Called upon by their cor- refpondents at Bofton ; anxious for vindicating their brother's honour and their own, they erf- quired; gave to the parties aggrieved all the information in their power ; but never accufcd. Your Lordlhips know the train of mifchiefs which followed. — But wherein had nny late 'worthy fcend or his family offended I)r. Frai^- lin, that he fhould fiiA do fo great an injury to the nrtembry ef the dead • bt-other, by fecretirig aftd feridirig away his letters : and then, toh- fcious of what he had done, fliould keep himfelf . concealed, till he had 'rieatly; very nfe^rfy'otita- fioned the tnurder of th6 Other. ' ; ^ *^ ' Aftef thcmifchiefs of' this condedftifcrit had been left for five months t6 'have theh- ftill tipr- ration, at length comes out a letter, ^^hicft ft is impoffiblc to read without horror ; exprefli'vc' of the cooleft and moft d^libei^tc tnaleVoieHii;^ My Lords, wh^ poetic fiilion' Only had penned for the breaft of a cruel African^ ^Dr. Frahklin has rd^lized, and tranfcribed from his own\^\i too is the language of aZah^r • - «« Know then 'twas .— - 1/ " I fbrg'd the letter— I difpos'd the pi^ufgii «'i hatedV'Iddli)is'd, andldettfoj^,'*-' ' . What are the "^iptives he afligns for this wn- ]du6):. I fhall now more deliberately confider. t My h imryA 1 ;?Ti"-Yr»T^ "?■■'■■■')(.•■'*?'•' t f« ] My Lords, if there be any thing held iacred in the intercourfe of mankind, it is their private letters of friendihip— If there can be any fuch prirate letters, thofe which paiTed between the late Mr. Whatcly and Mr. Oliver are fuch — The friendlhip between the two families is of thirty years Handing— during all that time there has been kept up an intercourfe of letters » firft with Mr. Whately, the father, and then with the late Mr. Thomas Whitely, the (bn«-In the courfe of diis friendlhip, a variety of good offices have pafled between the two families : one of thefe fell within the period of thefe letters— Upon Mr. Oliver's daughter's coming to England with her hufband upon bufinefs, they were received at Nonfuch by Mrs. Whately and her fons, as the ion and daughter of their old friend and cor- re^ndent—- And accordingly your Lordihips .will find, that one part of thefe letters is to return thanks for the civilities (hewn to Mr. and Mrs. ISpooner at Nonfuch. Thefe are the letters which Pr. Franklin treats as public letters, and has thought proper to iecrete them for his own private purpoie. How he got at [them, or in whole hands they were at the time of Mr. Whately's death, the DoGtOT has not yet thought proper to tell us^ TiU he do, he wittingly leaves the world at libcrq; mmmm I 93 J liberty to conjecture sibout them as they pleale; and to reafon upon thofe conje£tures.-«But let the letters have been lodged where they may* from the hour of Mr. Thomas Whately's death, they became the property of his brother and of the Whately family. Dr. Franklin could noe but know this, and that no one had a right to difpoie of them but they only •*i-^ Other re- ceivers of goods diihonourably come by, may ple^d as a pretence for keeping them, that they don't know who are the proprietors: In this cafe there was not the common excuie of ignorance i the Do£bor knew whofe they were^' and yet did not reftore them to the right owner -r-This property is as facred and as precious to Gentlemen of integrity, as their family plate or jewels are. And no man who knows the Whate« ly's, will doubt, but that they would much fooner have chofen, that any perfon fbould have taken their plate, and fent it to Holland for his avarice, than that he fhould have fecreted the letters of their friends, their brother's friend, and their father's friend, and ieAt them away to Bofton to gratify an enemy's malice. The reafons ailigned for this, are as ex^aor- dinary as the tranfaftion itfelf is : They are public letters, to public perfons, oq public affairs^ and intended to produce public mea- fures. This, my Lords, is the firft; and the next t 94 J next rca^ii afligned for publifliing them is, be-^ catife the writers defire that the content&of thcn> j(hrould be kept fccret. ; " aiv : ' . tif'thcie arc public letters, I know^ 'not what ^an Iyer reckoned private. If a letter whole firfl? bufinbrs is to hinilihi thanks to an old Lady o£ ftveiv^i for Aer Oi^ilicies at Nonfuch, be not a.prh>:atd^letteis \imW\ be neceflary that every man fbould be par-tktiltirly careful of his papers : foH^'a^oer this, thipre hever can be wfanting a pre* tdioe^formakiqg diem public*. i>But feys. the Dodtor, ^^^Thty wire written hy f* pubHc cfficers^'-^m then sL jnaa in a public ftatioa H^ve 410 private' friends ?: and write na private letters? : ^^Tilt Dr. F^ra(Jldi|i avow the |^incip}e,v that he hh$ a ri^t tpJniake all privato letters of your Lordfhips his oyrhf.knd)xo applyt themito fuch ufes as mill beO; ^wer the piir-> po&s ibf party malevolence ? Whatevir. may. havet been iiherconfidisnise heretofore placed in hhii,Ifacbii declaration will not furely .cohtri:;^ bui»:t6 maca&k.ibdi * t. ijpm jp mr/i-jl . i^t they were 'written to perjbnst ik.'pui^Iic fiatiotis, Jufl: the contrary to this appears to havei^een the cafe: Dr. Franklin is too 'well - -^ ' acquainted " "** The reader will be pleafed to obfervc, that the queflion here ia ndt ivhtither.they be: |[0od letters. Of biS ones» bat y/hether they are public letters or private. po" ^■Hiwnip**.^ ipufHWl^' [ 95 T acquainted with our hiftory, not to know, that Mr. Whately, during both thcfc years, and for two years before and after, was only a pivate Member of Parliament; and; as Mr. Oliver judly obferves in a letter of his. They at Bofton could not hi fuppofed to apply to bhH as hiffbing an intereft with the MinifterSi whlnihey knew that hi was all that time voting in oppofltidn to them. Does then the Do<5bor mean,' that his being a Member of Parlfament pl^ced^ him« in^ a public ftation ?— And will he then avo% that a Gentleman*^ being in Parliament is ground iuf- ficient for him to make his letters lawful plun^ der, and to fend theih to' His^ eheh^i^S ? . - ^- { « But the^ "were written cn^ pt^U€* Affktrs. A* rery grievbus loffchce ! 'But ItMk a crime, of Which pwbably w^ all of usjiave been guiltyv and olight not) -fulidyj for ilhat only,;)|;9 forfeit the common right J cjf huniaJnfty. '''R .'i'-" Biit they were Intended to pi*iieun pkhUi med4 fures. And dolefe ndt every mHiij* wh^ writes in confidence tb^hife friend upon political fubjedls, lament any thing -which he thinks to be wrongs and wifh to have it amended;?' And is this the crime of {xi heihdu^ a natui^; as ta put Mr*' Whately's friends but of the cdmmon pfotedtion? and to give to Dr. Franklin a fight to hang them up to party rage, and to cstpofe them,, for what he knew, to the danger ^cff 'having their hoUiot ••.■'•»»»■ v^ inpwfpiif" ip""»" houies a fecond time puU'd down by popular fury. But tbt writers rf them defired fecrecy, — True, they did ib. And what man is there, who, when he is writing in confidence, does not wi(h for the Dune thing ? Does not every man fay things to a friend* which he would not chufe to have pub- liihed to other people, and much lefs to his enemies ? Would letters of friendfliip he letters of irieadihip, if they contained nothing but fuch in^ different things ds might be faid to all the world ? If this is the cafe at all times with the confi-* dential intercourfe of friends, in titn^s of party- violence, there mufl: be a thoufand things faid in letters, whidu thpvigb inqocent in themfelves, cither by rival mialice or party prgiidice, may be turned to auVtrydiflferent conftrudion. Thefe letters themfelves have been distorted in thb manner; and fome exprelfions in them cannot poffibly be underftood, without knowing the correfpondent letters, to which they refer. And yhen a fadious party had gpt pofleflion of the Town meetings, and led the Aiifembly into what. refolutions. they plealed, and were watch- h'lg for any pretence to abpfe and infult their Governors, is it at all to be wondered, that they did not wifh to have the contents of theii^ letters told to their enemies ? When we read in thefe letters fi:|ch pafl^s ai tbcfe : ^* If there be no necei&ty for it, I think I'lWI^JJBifi'if, ■"f'*'^" m^mm HP* •« it would be beft it (hould not be known that ** this intelligence comes from me." Or this : *• I have wrote with freedom, in confidence of •* my name's not being ufed on the occafion. *' For though I have wrote nothing but what, ** in my confcience, I think an American may* " upon juft principles, advance, and what a *' fcrvant of the crown ought, upon all proper *' occafionsy to fuggeft ; yet the many prejudices «* I have to combat with, may render it unfit *• it (hould be made public." Or this of Mt. Hutchinfon's : " 1 muft beg the favour of you ^ to keep fccret every thing I write, until we ** are in a more fettled ftate, for the party here, *• either by their Agent, or by fome of their «« emiflaries in London, have fclit them every «' report or rumour of the contents of letters *« wrote from hence. I hope we fhall fee better •• times both here and in England.!* Or this again of Mr. Oliver's : " I have wrote with free- •• dom ; / conftder I am writing to a friend ; and ** that I am perfe£llyfafe in opening myfelf to you" Upon reading thefe paflages, which are all there are of this kind, a man, whofe heart was caft in the common mould of humanity, would have been apt to fay : Thefe are letters irregu- larly obtained : The writers dcfire that every thing they write fhould be kept fecret : they b^ long to Mr. Whately, who never injured mei I V H wiU t 98 1 will therefore return them to the right owner.' Dr. Franklin's rcafoning is of a very different caft. After havingjuft before told us: Thefcare public letters, fent to public perfons, defigned for public purpoics, and therefore I have a right to betray them •, he now fays, thefe arc letters which the writers dcfire may be kept fecret, and there- fore I will fend them to their enemies. Prepared on both fides for his rival's overthrow, he makes that an argument for doing him hurt, which any other m^n would confider as a principal aggra« vation of the injudice of it. But, if the defiring fecrecy be the proof, and the meafurc of guilt, what then are we to think of Dr. Franklin's cafe ? whofe whole condudt in this affair has been fecret and myflertous ? and who, through the whole courfe of it, has difco- vered the utmoll folicitude to keep it fo ? My Lords, My accounts fay, that when thefe letters were fent over to Boflon, fo very defirous was Dr. Franklin of fecrecy, that he did not chufc ta fee his name to the letter which accompanied them. This anonymous letter exprefsly ordered, that it fhould be fhewn to none but to a junto of fix perfons. If the Dodor chufe it, I will name the fix. The direftion of every letter was erafed, and ftrift orders were given, that they fhould be carefully returned again to London. The man- ner in which they were brought into the Aflfem- !•■<:*■ miiMpPfP t 99 ] bly, all Ihewed the mod earned Jefire of conceal- ment. Under thefe myfterlous circumflances have the Aflembly pafled their cenfurcs; and voted this Addrefs to his Majefty againft Mr* Hutchinfon and Mr. Oliver, upon account of a parcel of letters diredbed to fome-body, they know not whom; and fent from fome-body* they know not where. And Dr. Franklin now appears before your Lordfhips, wrapt up in \m* penetrable fecrecy, to fupport a charge againd his Majefty's Governor and Lieutenant Gover- nor 5 and expcdls that your Lordfhips fhould advife the punifhing them, upon account of certain letters, which he will not produce, and which he dares not tell how he obtained. But the Doftor fays, he tranfmitted them to his (onftituents. That Dr. Franklin fent thefe letters to fuch perfons as he thought woukl in fomc way or othet bring them into the Aflembly, may be true. And accordingly, after an alarm of fomc dread* ful difcovery, thefe letters were produced by one fmgle perfon, pretending to be under an in- junction to obferve the ftridVeft fecrecy, and to fufFer no copies "> be taken of them. — After allowing two or three days for Fame to amplify, and for Party-malice to exaggerate; and after having thereby raifed a general prejudice againft ^he Governor ; at length another Member tellt H t the ""■^PPIRP^Pip>"P»P*Pi I lPf|iM!|.Ji:JimH»iWi"'.)J-W"i'WJ [ io6 ] than what any other Colony Agent would have done. He happened only to be the firft Co- lony Agent who laid his hands on them, and he thought it his duty to tranfmit them to his condituents. My Lords, 1 have the pleafure of knowing leveral very refpe6table Gentlemen, who have been Colony Agents, and cannot but feel a little concern at feeing this ilrange imputation cafl: on that character. I have heard the fentiments of fome of them. Upon being afked, whether, if they had laid their hands upon another Gentle- man's letters, they would have thought it their duty to make a like ufe of them : My Lords, they received the propofal with horror. One of them faid, it was profaning the word Duty to apply it to fuch a purpofe ; another, that if he had been their Agent, he would fooner have cut off his right hand than have done fuch a thing. ' My l-.ords. Dr. Franklin's mind may have been fo poflefled with the idea of a Great Ame-' rican Republic, that he may eafily Aide into the language of the minifter of a foreign indepen- dent ftate*. A foreign Ambaflador when redding here, juft before the breaking out of a war, or upon particular cccafions, may bribe a villain to ileal or betray any (late papers } he is under the corn- See alCo his letter to Lord Dartmouth. pp!iNP^wiww^^^»»r' ^^!»lB^B>WfPr™^WP'W"W!ll|«IP«^fRP >'"' W'lm ■ V^; t >07 1 command of another ftate, and is not amenable to the laws of the country where he rcfides \ and the fecure exemption from punilhment may in- duce a laxer morality. But Dr. Franklin, whatever he may teach the people at Boflon, while he is here at leaft is a fubje<51: \ and if a fubjed injure a fubjedb, he is anfwerable to the law. And the Court of Chancery will not much attend to his new felf- created importance. But, my Lords, the rank in^hich Dr. Franklin appears, is not even that of a Province Agent: he moves in a very inferior orbit. An Agent for a province, your Lordlhips know, is a perfon chofen by the joint ad of the Governor, Council, and Aflembly; after which, a commiflion is iflued by the Secretary, under the province feal, ap- pointing him to that office. Such a real Colony Agent, being made by the joint [concurrence of all the three branches of the Government, will think it his duty to confult the joint fervice of all the three; and to contribute all he can to the peace, harmony, and orderly government of the whole ; as well as to the general welfare and profperity of the province. This at leaft is what I learn from the copy books of two Gen- tlemen, who at different periods were Agents for this very Colony. But Dr. Franklin's appoint- ment feems to have been made in dire^ oppo- fition i>ufl[ni^"iiiui"Hii [ fo8 ] fition to til thefe. Upon a cnciTage from the Council to the Aflfembly, defiring that they would join in the choice of an Agent for the Colony, they came to a refolution, that they will not join with the Honourable Board in the choice of fuch an Agent ; but refolve that they will choofe an Agent o," their own i and then, that Dr. Franklin fhoulu be that Agent. My Lords, tha party by whom the Aflcmbly is now directed, did not want a man who (hould think himfelf bound ih duty to confult for the peace and harmony of the whole government ; they had their own private feparate views, and they wanted an agent of their own, who ihould be a willing inftrument and inftrudbr in the accom- plifhin^ their own feparate purpofes. Dr. Frank- lin, therefore, your Lord(hips fee, not only moves in a different orbit firom that of other Colony Agents, but he gravitates alfo to a very different center. His great point appears to be to ferve the intereft of his party ; and privately to fup* ply the leaders of it with the neceffary intelli^ gence. Wherefoever and howfoevcr he can lay his hands on them, he thinks it his duty to fur- ni(h materials for diilentions; to fet at variance the different branches of the Legiflature; and tq irritare and incenfe the minds of the King's fub- jeds againft the King's Governor. But, '« (ptPWRWr* 11, «|U|iwwi|i ivj jji ""•mm f I 109 J Bur, fays the Doftor, the tifidency of tbefi httirs was to incmfe the mother country ngainfi her colonies. There is a certain fteadinefs which is fingu- Itrly remarkable in this cafe. Theie men are perpetually ofl&ring every kind of infult to the Engliih nation. Setting the King's authority at defiance \ treating the parliament as ufurpers of an authority not belonging to them, and flatly denying the Supreme Jurifdidion of the Britilh empire : And have been publi(hing their votes and refolutions for this pUrpofe ; and yet now pretend a great concern about thefe letters, as having a tendency to incenfe the parent (lace againft the colony. Not content with bidding defiance to our authority, they new ofifer infult to pur underftanding : And at the very time while they are flying in the King's face, would have him turn out his Governor, becaufe he has in the mildefl: terms intimated his opinion, chat they do not pay the reverence^ they uied to do, to the Britifli authority* My Lords, we are perpetually told of mrnS incenfing the mother country againfl: the colonies^ of which I have never known a fingle inflance : But we hear nothing of the vafl: vanety of arts, which have been made ule of -to incenfe the colonies againfl: the mother country* And in all fheie arts no one I fear has been a more fuccefsful profici' " mea- [ "5 ] *« mcafures that they have meted out to us; « will have a direft tendency to dcftroy both " them and us ; and petition the King and Par- ** liament of Great-Britain, in the moft pathe- «« tic and ftriking manner, to relieve us from <^' our aggravated grievances ; but if all this " Ihould fail, we recommend it to your confi- •' deration, and direct you to move it to the *« confideration of the honourable Court, *« whether it would not be beft to call in the aid *« of fome Proteftant Power or Powers^ requeft- *^ ing that they would u(e their kind and Chriflian *^ influence, with our mother country, that fo •* we may be relieved, and that brotherly love ** and harmony may again take place." Thefe are the leflbns taught in Dr. Frank- lin's fchool of Politics. My Lords, I do not fay that Dr. Franklin is the original author of this book. But your Lordlhips will give me leave to obferve, in the firft place, that it is not very likely, that any of the Doctor's fcholars at Boflon, fhould attempt to draw up Tuch a ftate of rights and grievances, when the great ?•««», their mafter, had given them notice that he fhould himfel t let about fuch a work : and, in the next place, that if the DoAor fhould not chufe now to filiate the child, yet the time has been when he was not afhamed of it; for* after it l.id had its operation in America, the I 2 DoiftoF •^^^^iiiipwi mm ■IIJUWI" .M'll .1 Ifl m .lliJR7F'IIFf » Dodor reprinted it here* with a preface of his own, and prefented it to his friends. My Lords» I have faid, that fixty or feventy of the townfhips had already voted their appro- bation of the book. The evil was catching from town to town (and if the greater pare could have been engaged, they would . have forced the reft) when the Governor thought it his duty to interpofe. He therefore called upon the Aflembly to difown thde undutiful proceed- ijigs. Had he only mentioned the difloyalty and evil tendency of them, they would pro- bably have palled a few refolutions, and have fuffered the evil to go on. He was well aware, that the Aflembly could ealily vote themfelves a& many privileges as they pleafed, but that it was not fo eafy to prove their right to them. He, therefore, difarmed them of their ftrength in vot- ing, and put them under the necelTity of proving ^ and there he knew they would fail. By opening the felTion with that very mafterly fpeech in de- fence of the Britilh American conftitution, he, for a time, dunned the faction, and gave a check to the progrefs of their Town-Meetings. And though the fame men were in the Aflembly created a Conunittee of Correfpondence, to write to the Aflemblies of the other provinces, yet the fpirit oif the defign languilhed, and but little more was then done in it. 2 , Thi5» v'-.. mm ^tf^mm^num |im l»"*i;|l«^.JI(l| '» t "7 ] This, my Lords, is the great and principal ground of their quarrel with Mr. Hutcbinfon. They want a Governor, who fhall know lefs than themfelves, whereas he makes them feel that he knows more He flopped the train which Dr. Franklin's conflituents had laid, to blow up the province into a flame, which from thence was to have been fpread over the other provinces. This was the real provocation : and for this they have been feeking for fome ground of accufation againft him. After lifting his whole conduct for the four years, in which he has been Governor, they are not able to point out a fingle action to find fault with. Their only recourfe is to their own furmifcs of what were the fentiments of his heart five or fix years ago. He was^ they fay, among the inftruments in introducing a fleet and army into the province, — Have they attempted any proof of this ? No. But they fancy '" from fome letters of his, which do not fay a fingle word of that fort. Is it poiTible to conceive of a moi:e groundlefs accufation, or not to fee their intent in it ? My Lords, They mean nothing more by this Addrefs, than to fix a ftigma on the Governor by the accufation. Their charge, founded upon a pretence of knowing fix years ago, what were Mr. Hutchinfon's thoughts, is not really de- I 3 figned' • ^J^i'jifi^nji .1 iii|«ii '■■ijiii^n ilHHPrFnippHqifpViiq [ 118 ] figned for his Majefty in Council. They know that; your Lordfhips will not take an accufation fot a proof i nor condemn without evidence. They never dcfired to be brought to a hear- ing: and therefore the firft inftant when your , Lordfhips call for their proorij, they fly off, anc^ fay they do not mean this as a charge, or a trial before your Lordfhips •, and they fay truly : they meant to bring it before the jTiultitude, and to addrefs the popular prejudices, Thp mob, they know, netd only hear their Governors accufed, and they will be fure to condetpn. My Lords, they boafl: at Bofton, that they have found this method fucceed againU their lali: Governor, and they hope to make it do againft this 5 and by a fepond precedent to cftablilh their power, and make all future Governors bow to ■ their authority. They wi(h to ered themfelves into a tyranny greater than the Roman : To be able, fitting in their own fecret cabal, to diflate for the Ailembly, and fend away their verbofa ct grand is epiftola, and get even a virtuous Go- vernor dragged from his feat, and made the fport of a Bofton mob. Having turned out all other Governors, they may at length hope to get one of their own. The letters from Bofton, for two years paft, have intimated that Dr. Franklin was aiming at Mr. Hutchinfon's government. It was not eafy before ■,'f";.r ppipn^'«^nmiii^mpn<*imsm ■mmpiiiipippiHipiip ^■iiiiiillPilWIiliMiPilillPMiniMiPii t "9 ] befort this to give credit to fuch furmifes : But nothing furcly but a too eager attekition to an ambition of this fort, could have betrayed a wife man into fuch a condud as we have now feen. Whether thpfe fufmifes are true or not, your Lordlhips are much the bed judges. If they fhould be true, I hope that Mr. Hutchin- fon will not meet with the lefs countenance from your X^ord(hips, for his Rhal*s being his accufer. Nor will your Lordfliips, I truft, from what you have heard, advife the having Mr, Hutch- infon difplaced, in order to make room for Dr. Franklin as a fucceflbr. , With regard to his conftituents^ the f^fSVious leaders at'Bofton, who make this complaint againft their Governor 5 if the relating of their ^vil doings be criminal, and tending to alienate his Majefty's affections, muft not the doingoith^m be much more fo ? Yet now they a(k that his Majefty will gratify and reward them for doing thefe things 5 and that he will punifii their Go-? vcrnor for relating them, becaufe they ^re fp very bad that it cannot but offend his Majefty to hear of them. My Lords, if the account, given in thefe letters, bf their proceedings, five years ago^ tended to alienatfe his Majefly's affedbions, has their condu6fc ever fince been in any refpeft mor^ conciliatiri^ ? Was it to confute or prevent the I 4 per- ■ - - Wir^TfTT" ^Wf -ly 'TJ- ' -.. ^.f^mpViiipippipi pernicious effed of thefe letters, that the good men of Bolton have lately held their meetings, appointed their Committees, and with their ufual moderation deftroyed the cargo of three Britifh (hips ? If an Englifh Conful, in any pare of France or Spain, or rather Algiers or Tripoli, (for European Powers refpeft the law of na- tions) had not called this an outrage on his country, he would have deferved punifhment. But if a Governor at Boilon Ihould prefume to whifper to a friend, that he thinks it fomewhat more than a moderate exertion of Englifh liberty, to dellroy the fhips of England, to attack her officers, to plunder their goods, to pull down their houfes, or even to burn the King's (hips of war, he ought to be removed •, becaufe fuch a conduft in him has a natural and efficacious ten" dency to interrupt the harmony between Great-Bri^ taiH and the colony^ which thefe good fubjeds are flriving by fuch means to eilablifli. On the part of Mr. Hutchinfon and Mr* Oliver, I am inftrufted to alTure your Lordihips, that they feel no fpark of refentment, even at the individuals who have done them this injufr- tice. Their private letters breathe nothing but moderation. They are convinced that the peo^ pki though mifled, are innocent. If the con-* du6t of a few fhould provoke a juft indignation, th^ would b^ the ipoft fprw^rd, and, I trult, the "T^W^^lfPWTfH [ 121 ] the moft efficacious folicitors to avert its efFe^b, and to excufe the men. They love the foil, the conftitution, the people of New-England i they look with reverence to this country, and with afFedion to that. For the fake of the people they wiih fome faults corrected, anarchy abo- lifhcd, and government re-eftabli(hed : But thefe falutary ends they wifh to promote by the gentlefl means •, and the abridging of no liber* ties, which a people can poITibly ufe to its own / advantage. A reftraint from felf-defl;ru6tion is the only reftraint they defire to be impofed upon New-England. My Lords, I have faid that the letter, whicb accompanied thefe in queillon, was anonymous, and that it was directed to be (hown to fix per- fons only. I am prepared to enter into the proof of this.—- 1 call upon Dr. Franklin, for my wit- nefs. And I am ready to examine him. N. B. Dr. Franklin being prefent, remained filent. But declared by his counfel, that l>e did not chufe to be examined^ The I.;; c vr. The following Letter having been mentioned in Mr, Wedder burn's Speech, it i$ printed for the Reader's Satisfaction, and to complete ;he* Collection. Copy of a Letter uturnti with thofejigmtf Tho. Hutchinfon, Andrew Oliver, ^f. Frm England. SIR, Narraganfit^ Dec, 22, 1767!^ I AM now withdrawn to my little country villa, where, tho* I am more retired from the bufy world, yet I am ftill enveloped with uneafy reflexions for a turbulent, degenerate, ungrateful continent, and the oppofitton I have met with in my indefatigable endear yours to fccure our property in this colony, but hitherto without fuccefs. — The times are fo corrupted,, ^nd the confliiSt of parties To predominant, that faClion is blind, or fliuts her eyes to the moft evident truths that crofs her dcfigns, and believes in any abfurdities that aflifts to accopipliOi her purpofes under tha profti- tution and proftration of an infatMated governm^t. — * Judge then, my dear Sir, in what a critical fituation the fortunes of we poor Europeans muft be among them* We have not been able to recover our property for years paft, how great foever our exigencies may have been, unlefs we foothed them into a compliance :— ^ We are unwilling to enter into a litif-conteftation with them, becaufe the pervetfion of their iniquitous courts of juftice dre (o great, that experience has convinced us we had better lofe half, to obtain the other quietly, than purfue compulfary meafures:-— We are alfo afraid to apply to a Britifh parliament for relief 1^ t "4 ] relief, as none can beefTeiSluallyadinlniftred without a change of government, and a better adminiftration of juftice introduced ; and was it known here that we made fuch application home, not only our for- tunes would be in greater jeopardy, but our lives en- dangered by it before any falutary regulations could take place. — We are fenfible of the goodnefs of the Kino and Parliament, but how far, or in what fpacc of time our grievance, as a few individuals, might weigh againft the influence of a charter govern- ment, we are at a lofs to determine. In 1761, 1 arrived in America, which circumftance you probably remember well.— With great induftry, caution and circumfpe£):ion, I have not only reduced our demands, and regulated our connections in fome meafure, but kept my head out of a halter which you had the honour to grace. (Pray Dodor how did it feel ? The fubjea is ftale, but I muft be a little funny with you on the occaiion.) Much ftill remains to be done, and after all my beft endeavours, my conftituents, from a moderate calculation, cannot lofe lefs than 50,000 /. fterling, by the baneful con- ftitution of this colony, and corruption of their courts of judicature. // is r tally a very affeSiing and melancholy conjideration. Under a deep fenfe of the infirmities of their con- ftitution ; the innovations which they have gradually interwoven among themfelvesj and ftimulated by every a£): of forbearance, lenity and patience, we have indulged our correfpondents until deluges of bankruptcies have enfued, infolvent a6ls liberated them from our jufl: demands, and finally, had our in- dif- [ "5 1 difputable accounts refufed admiilton for our pro« portion of the fmall remains, until colony creditors were firft paid, and the whole abforbed. We have had veflfels made over to us for the fatisfa6tion of debts, and after bills of fales were executed, carried off in open violence and force by Capt. Snip-fnap of Mr. Nobody's appointment, and when we fu(;d him for damages, recovered a loufe. We have in our turn been fued in our abfence, and condemned ex parti in large fums for imaginary damages, for which we can neither obtain a trial, nor redrefs. They refufe us an appeal to the king in council ; the money muft be paid when their executions become returnable ; and were we to carry it home by way of complaint, it would coil us two or three hundred pounds flerling to profecute, and after all, when his Majefiy*s decrees come over in our favour, and refunding the money can no longer be evaded, I expetSl their efFedls will be fecreted, their bodies releafed by the infolvent a6l, and our money, both principal, intereft and expences irrecoverably gone.— Is not our cafe grievous ? — ^We have in actions founded upon notes of hand, been caft in their courts of judicature. — We have appealed to his Majefty in council for redrefs, got their verdi£ls re- verfed, and obtained the king's decrees for our money, but that is all; for altho' I have had them by me above twelve months, and employed two eminent lawyers to enforce them into execution, conformable to the colony law, yet we have not been able to recover a fingle (hilling, though we have danced ?^ter their courts and aflfemblies above thirty days, in vain to accomplifh that purpofe only : Confider, my dear Sir, Vyhat expence, vexation and lofs of time this muft be "WHiVMI mmm^mmr t «*« i be to U9, ind whether we have hot juft caufe or torn plaint; We have z\to in vain waited with great impatience for years piaft, in hopes his Majefty would have nomi- nated his judges, and other executive ofHcers in tvtry colony in America^ which would in a great meafure haveremoved thecaufe of our complaint.— Nothing caii be more neceflary than a fpeedy regulation in this, and conftituting it a regal government ; and nottling is of fuch important ufe to a nation, as that men who' excel in wifdain and virtui (hould be encouraged tol undertake the buftnefs of government : But the iniqui- tous courfe of their ccrurts of juftice in tiiis colony^ deter fuch men from ferving the pubHc, or if they do fo, unlefs patronized at home, their wifdom and virtue are turned againft them with fuch malignity,' that it is more fafe to be infainoUs than renowned.— The principal exception I have met with here, is James Helmes, Efq. who was chofen chief juftice by the general aflembly at laft eledlion. — He accepted his appointment, diftinguiihes himfelf by capacity and application, and feems neither afraid nor aihamed to adminifter impartial juftice to «//, even to the native and refiding creditors of the mother country.— 7I have known him grant them temporary relief by writs of error, &c. when both he ai>.d they were over-ruled by the partiality of the court ; and in vain, though with great candour and force, plead with the reft of the bench, that for the honour of the colony, and their own reputation, they ought never to pay lefs regard to the decrees of his Majefty in council, becaufe the property was determined in Great Britain, than to I ' thcijf .Uf^i W,|l iheit own. I have alfo heard him with nfitutUn dnd frnuu/Sf when he difcovered the court to be immodt- ratify partial, order his nanle to be inrolled, as difTent* ing from the verdi^ — For Aich honefty and candour^ I am perfuaded he will be depofed at next ele^ion, unlefs they (hould be ftill in hopes of making a convert of him. I wiHi it was in my power to prevent every American from fufiering for the caufe of integrity, and their mother country ; he, in an efpecial manner, (hnuld not only he proteSled and fupported, but appear among the firft promotions. — Is there no gentleman of public fpirit at home, that would be* pleafed to be an inilru- ment of elevating a man of his principles and probity f or is it become fafliionable for vice to be countenanced With impunity, and every trace of virtue pafled over unnoticed I G<|)d forbid* The colonies have originally been wrong founded* •—They ought all to have been regal governments, and every executive office r appointed by the king. Until that is effected, and they are properly regulated, they will never be beneficial to themfelves, nor good fub* jc£ls to Great Britain. — You fee with what contempt they already treat the a£ls of parliament for regulating their trade, and enter into the moft public, illegal and affronting combinations to obtain a repeal, by again impofmg upon the Britiih merchants and manu« faflurers, and all under the cloak of retrenching thtir expences by avoiding every unnitcej/ary fuperfiuity. Were that really the cafe, I am fare I would, and alfo every other Britifli fubjeft, efteem them for it; but the faft is, they obtained a repeal of the ftamp a<5t by mer- cantile influence, and they are now endeavouring by the '!■" p'-^.'l" the fame artifice and flnefTc to repeal the a^ of trade, and obtain a total exemption from all taxation.— Were itotherways, and they fincerely difpoftd to flop the importation of every unneceffary fuperfluity, without affronting the Britifli legiflation, by their public, general and illegal combinations, they might accompliih their purpofes with much more decency^ and fupprefs it more effeftually by the adls of their own legiflat'on, impofing fuch duties upon their im- portation here *, as might either occafion a total pro- hibition> or confine the confumptfoa of them to particular individuals that can afford to buy, by which meafures they would alfo raife a confiderable colony Kevenue, and eafe the poorer inhabitants in the tax they now pay : — But the temper of the country is exceedingly /»/??««/, and prone to fedition ; they are growing more imperious^ haughtyy nay infiUnt every day, and in a fhort fpace, unlefs wholefome regu- lations take place, the fpirit they have inkindled, and the conceptions of government they have imbibed will be more grievous to the mother country than ever the oftracifm was to the Athenians. A bridle at prefent, may accompliih more than a roc! hereafter; for the malignant poifon of the times, like a general p^fliience, fpreads beyond conception ; and if the Britifli parliament are too late in their regu- lations, neglect meafures feven years, which are effen- tially neceifary now, (bould they then be able to fHfle their commotions, it will only be a temporary ex« tin^tioni * I mean foreign growth, or fabrications ; but if on Britiih, it would be juore pardocable thaa their prefent fyftem. -■•^ ttnftioii, confcquently, every hour's indutgence will snCiivet no 6ther purpofe than ena'ule them in a mortf effe6lual manner to fow feeds of diflenfion to be re- kindled whenever they are in a capacity to oppofe the mother country and render themselves independent of her. Have they not already in the moft public manner fhewn their oppoHtion to the meafufes of parliament in the affair of the late ftamp adt ? Do not they now with e(^ual violence and audacity, in both public papers and converfation, declare the parliamentary regulatiorts in their a£t? of trade to be illegal and a mere nullity ?•— What further proofs do we wait for, of either their good or bad difpofition ? Did you ever hear of any colonies, in their infant Jiatt^ teach the fcience of tyranny, reduce J into rules ♦j over every fubjefl: that difcountenanced their mcafures in oppo-^ fition to the mother country, in a more inip&ious man^ tier than they ha-oe done thefe four years faji? Have they not made ufe of ever^ ftroke of policy (in their way) to avail themfelves of the dark purpoies of their indiependence, and fuffered no reftraint of confci* ence, or fear, iiof even the guilt of threatening to ixcite a civil war^ and revolt^ if not indulged with an unlimited trade, without reftraint) and Britiih pro- tection, without expence ? for that is the engine of it.-^Is thiai their true, or miftaken portrait \ Say.— If it is their true one, ought not fuch pernicious maxims of policy? fuch wicked difcipline? fuch ingratitude ? i\ich diifimulation ? fuch perfidy ? fuch K violent •mamtt f The Committee to the Sons of Liberty, if^f. P|ippq«pFl!f1UirW.aiiP"tJ>Mi«Jip«ltn^v«ffR>jpr^Wipiw«.iiiuii IIIIIWI^ WI'll I I. l 130 ] triolent, rtithlefs and fanguinary councils^ where a Cleon beais rule, and an Ariftides cannot be en- dured, to be cruihed in embryo ? If not, the alter- native cannot avoid producing fuch a government, as will ere long throw the whole kingdom into the utmoft confufion, endanger the life, liberty and pro- perty of every good fubjeiSi;, and again expofe them . to the merciiefs aflafllnation of a rabble. I am fenfible that in all political difputes, efpeci- ally in America, a man may fee fome things to blame on both fides, and fo much to fear, which ever fa^ion ihould conquer, as to be juftiAed in not intermeddling with either;' but in matters of fuch vaft importance as the prefent, wherein we have fuf- fered fo much, — ftil* deeply interefted, and by which the peace and tranquility of the nation is at ftake ; it is difficult to conceal one's emotions from a friend, and remain a tranquil fpe(Sl;ator on a theatre of fuch chicanery and colluAon, as will inevitably (if not checked, and may fooner happen than is imagined by many) chill the blood of many a true Briton. It may be true policy, in fome cafes, to tame the iierceft fpirit of popular liberty, not by blows, or by chains, but by foothing her into a willing obedi- , cnce, and making her kifs tje very hand that reftrains her; but fuch policy would be a very unfuitable potion to cure the malady of the prefent times. They are too much corrupted ; and already fo intoxicated with their own importance, as to make a wrong ufe of lenient meafures.-— They conftrue them into their own natural rights, and a timidity in the mother country. They confider themfelves a little bigger than the /r^«. t^«*^;^<^^v. mm mm ■iiiiipi^iiii WW mimmmmiilifmmr:^ [ 133 3 for, or excufe ir.^ long fiknce, and excUe your com- paflion and advice. Our friend Robinfon is gone to fiofton to join the commiffioners. My compliments to Col. Stuart.— May I a(k the favour of you both to come and eat a Xmas dinner with me at Batchelor's hall, and cele- brate the feftivity of the feafon with me in Narra- ganfet woods. A covy . of partridges, or bevy of quails, will be entertainment for the Colonel and me, while the pike and pearch ponds amufe you.< — Should buflnefs or pre-ingagement prevent me that pleafure, permit me to a(k the favour of your earlieft intelli- gence of the proceedings of parliament ; and of your opinion whether our cafe is not fo grievous as to excite their compaflion and interpofltion were it known. This narration, together with your own knowledge of many of the fa ivppilpnppiP E 134 ] juftification of my own conduA) in lieu of mone); ten years due. Poor fatisfadtion I Our confclatioi^ muft be in a Britiih parliament. Every other avenuq is rendered impregnable by their fubtlety, and dege- neracy, and we cian no longer depend upon a people who are fo unthankful for our indulgences, and the lenity of their mother country. I wUh you 'the compliments of the approaching feafon, and a fuc-* ceiEon of many happy new years^ J am^ Sir, with much regard. Your moft humble Servant, G, ROMS. mtum ^^'mmmim [ 135 ] At the Court at St. Jameses, the qth Day of February^ ^11 \* PRESENT The KING'S moft Excellent Majefty,, Lord Chancellor Lord Prefident Duke of Queen fberry Duke of Ancader Lord Chamberlain Earl of Suffolk Earl of Denbigh Earl of Sandwich Earl of Rochford Earl of Dartmouth Earl of Bridol Earl of Pomfret Vifcoant Falmouth Vifcount Barrington Lord Le Defpenfer Lord Cathcart Lord Hyde James Stuart Mackenzie, Efq. Hans Stanley, Efq. George Onflow, Efq. Sir Jeffery Amherft Charles Jenkinfon, Efq. Sir John Goodricke. Whereas there was this day read at the Board, a Report from the Right Honourable the Lord? of the- Gommittee of Council for Plantation Affairs, dated the 25th of laft month, in the words following ; viz. * At the Council Chamber, Whitehall, * the 29th of January, 1774. * By the Right Honourable the Lords of * the Committee of Council for Plantar « tion Affairs. •PRESENT Archbifhop of Canterbury Lord Prefident Duke of Queen fl>erry Earl of Suffolk Rati qf Denbigh Earl of Sandwich * Earl of Rochford ' Earl of Marchmonfe < Earl of Dartmouth * Earlof Buckinghanifhire * Earl of Hardwicke * Earl of Hillfborough 4 * Lord ^^^taiUhm ^^'"'mmKmiimm mmm'miF^ ii^iPPimiP t 4?« ] * tiCrd George Sackville * J:!r|nain Vircoiint Townfbend Viicount Falmoutji 'Lord Noith * Bifliop of London ' Lord Le Defpencer * Lord Cathcait * Lord Hyde * James Stuart Mackenzie, «Efq. * General Conway * Wellbore Ellis, Efq. < Sir Gilbert Elliot ' Hans Stanley, Efq, ' Richard Rigby. Efq. ' Sir EardHey Wilniot ' Thomas Townfend, juQ« •Efq. * George Onflow, Efq. « George Rice, Efq. f Franklin 3 "■nw . 4 € I C c c « c < « s $ c c « « « c c c f * [ 137 ] Franklin, Efquire, (liling himfelf Agent for the faid Howfc of Reprefencat/'ves (and from whom the faid petition had been tranfmitted to the Right Honourable the Earl of Dartmouth one of yow Mar. jelly's principal Secretaries of State) and iikewife by Ifrael Mauduit Efquire, from whom application had been made , to this Committee, humbly praying on behalf of your Majefty's faid Governor and Lieutenant Governor, that he might be heard by Council in relation to the Addreft of the Houfe of Reprefentatives of the faid province ; and the faid Benja- min Franklin, £fq. having thereupon prayed, that he might in that cafe b0 heard alfo by his Council at a future day — The Lords of the Committee did, in compliance with the petition of the faid Ifrael Mauduit^, £fq. and at the indance of the faid Benfamin Franklin, Efq. think proper to appoint a future day to refume the confideration of the faid petition* of the I^oufe of Reptefenta- tives of MafTachufett's Bay, and to allow Council to be he^d o^ both fides there- upon.-^ And their ^Lordfh^s having been this day attendee^ by Council on both fides accordingly, ^nd heard all that the)( 'had BHTT" ■IJ ^LipiJJpPPnPW^' ^Hi!W5W*w W»H"^IF III «inm.i{ili|ign^^p|ppnj|iji;|mifppi| ii I M [ 138 ] « had to ofFer, and having maturely weighed * and confidered the whole of the evidence « adduced by the faid Benjamin Franklin, * Efq. upon, which the faid Houfe of Re- * prefentatives did come to the icveral * refolves, which are the foundation of « their faid petition to your Majefty : The * Lords of the Committee take* leave to « reprefcnc to your Majefty, that the faid * Houfe of Reprefentatives, have by their * faid petition taken upon themfelves to « bring a general charge againft your Ma- * jefty's faid Governor and Lieutenant- « Governor, and to complain of their con- * dud:, ** As having a natural and elHca- *< cious tendency to interrupt and alienate ^* the afFeftions of your Majefty from that ** your Loyal Province— To deftroy that ♦« harmony and good will between Great- ** Britain and that Colony, which every ** honeft fubjedt would ftrivc to eftablifli-^ ** To excite the relentment of the Britifh *' adminiftration againft that Province^-* ** To defeat the endeavours of their agents *' and friends to ferve them by a fair rc- *« prefentation of their ftate of fa6ts— To «« prevent their humble and repeated peti- ** tions from reaching the ear of your Ma- jefty, or having their dcfircd effedlj « and u mf§w ! -piB^^wwpsnip^pp mm '^PlP^iWIPpP'fwp' ijiij. m .luniiiiijiiii [ 139 1 and finally charging your Majefty's fald Governor and Lieutenant-Governor with having been among the chief inftru- ments of introducing a fleet and an army into that Province, to eftablilh and per- petuate their plans, whereby your Ma- jefty's faid Governor and Lieutenant- Governor have been not only greatly inftrumental of disturbing the peace and harmony of the government, and cauf- ing unnatural and hateful difcords and animofities between the feveral parts of your Maje(ty*s extenfive dominions, but are juftly chargeable with all that cor- ruption of morals, and all that confu- fion, mifery, and bloodfhed, which have been the natural effedls of polling an army in a populous town."— But the ^ Lords of the Committee cannot but ex- f prefs their afloniihment, that a charge * of fo ferious and exteniive a nature « againft the perfons, whom the faid Houfe * of Reprefcntatives acknowledge by their * faid petition to have heretofore had the * confidence and efteem of the people, and * to have been advanced by your Majefty f from the pureft motives of rendering « your fubjefts happy, to the higheft places f of tpuft and authority in that Province, ! ihould !1 ,I»P*^I' lP«it*i lUJLjp.ujJiMiipiipniiprTT^ '■wpr- » i.|ipiifiip miiwp.jii ^^^^R^frr ■ < 9 (hould have no other evidence to fupport f it but inflammatory and precipitate re- folutions» founded only on certain letters, written reipeftively by them (and all but one before they were appointed to the pods they now hold) in the years 1767, 1768, and ^.76^^ to a gentleman then in no office under the governme..:, in the courfe of familiar correfpondence, and in the con* fidence of private friendfhip, and which it was fa'^. (and it was not denied by Mr. Fifanklin) were f^^reptitiou(ly obtained after his death, and feot over to America, and laid before the AiTembly ol the MaiTachufctt's Bay; and which letters appear to U3 to contain nothing repre- henHble or unworthy of the fituatioq they were |n j and we prefume, that it was from this impropriety, that the Council did difciaim on behalf of the AfTembly any intention of bringing a cri- minal charge againfl: the Governor and Lieutenant Governor -, but faid that thq petition was founded folely on the ground of the Governor and Lieutenant Go- vernor being, as they alledged, now be- come obnoxious to the people of the pro- vince ; and that it was in this light only that the faid petition was prefented to X ; your * '(^VmPfilU' f «4i J your Majefty— And theit being no other evidence now produced^ than the faid refolutions and lettera, together with refolutions of a fimilar import by tho Council of the faid province, foundtodi,' as it was faid, on the fame letters'—* « The Lords of the Committee do agree humbly to report, as their opinion to your Majefty, that the faid petition is founded upon refolutions, formed upon falfe and erroneous allegations, and that the fame is groundlefs, vexatious, and fcandalous, and calculated only for the fcditious ^^urpofes of keeping up a fpirit of clamour and djfcontent in the faid province.— And the Lords of the Committee do further humbly report to your Majefty, that nothing has been laid before them, which does or can, in their opinion, in any manner or in any degree, impeach the honour, integrit)'' or condufb of the faid Governor or Lieutenant Go- vernor *, and their Lordftiips are humbly of opinion, that the faid petition oughc to be difmiffed.' His Majefty taking the faid report into con« fideration, was pleafed, with the advice of his privy Council, to approve thereof j and to or4er m m I 4]ii^i '.tfiat^the faid petition the Houfe of Rc|)rdei|tatives b£ the province of the MalTa* chufett's Bay, be^ wid it is hereby difmifTed this board, as groundiefs» itexatious, and fcand^ous, and calculated only fpr the feditiov^s putpofe of keeping tip a fpirit' of clamour and difcontent ifi^ht faid provincig, . .. . -G. CHETWYNDi .♦.'..»«», *t.n . If -<. .-«- .'t ».;'3p' _■.. ',; di^Oll'^'-y^t'i-lL ■^ - , ' ' ^ f < .• • • 4 .:j^ilplj;^ftii-iit ■»<>: • '■^rife 4"«4 1 ' •'::,^1>'. -, : :-'i .'■ ' ♦ -yv .» ■ * » !- <• . i ^