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Un des symboles suivants apparattra sur la derniAre image de cheque microfiche, selon le cas: le symbols — ► signifie "A SUIVRE", le symbols V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmte A des taux de rMuction diffArents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, 11 est film* A partir de Tangle supArieur gauche, de gauche k droite, et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammll I <- . i' ■^„ f E T T E R S, &c. SIR. Be/?«», 7««.i8, 1768. A S you allow me the honour of your correfpondencc, n. I may not omit acquainting you with fo remarkable an event as the withdraw of the Commiflloners of the Cuftoms, and moft of che other officers under them, from the town, on board the Romney, with an intent to remove from thence to the Caftle. In the evening of the loth, a floop belonging to Mr. Hancock, a Reprefentative for Bofton, and a wealthr merchant of great influence over the populace, was, feized by the Colleaor and Comptroller for a very notorious breach of the aas of trade, and, after fcizure, taken into cuftody by the officer of the Romney man of war, -nd removed undercommand of her guns. It is pretended hat the removal and not the feizure, incenfed the people It fcems not very material which it was.~A mob was .mmediately raifed. the officers infulted, bruifed, and much hurt, and the windows of fome of their houfe. broke • a boat belonging to the CoHeaor burnt in triumph, and ma- ny threats uttered againft the Commiffioners and their officers : no notic being taken of their extravagance in the ■me of ,t, nor any endeavour, by any authority, except the governor, the next day, to difcover and punilh the of- d MonH , I '' "It-^ \'""'"°" °f * ^''^^'' ""^b '"tend- ed Monday (the 13th) m the evening, the Commiffioners, A 2 yj„^ KJMbWaa iMft>-Vir ' if > ni.-|.iii .ii i n .„, ■•WP"7^'»^'''fr " ^ [ 4 ] /wr «/-MfOT, thought themfelvM altogether unfafe^ being deftiliile of protcdion, and removed wilh their familie* lo the Romnt y, and there remain and hold their board, and next week intend to do the fame, and alfo open the tuftom-houfe at the caftle. The Governor preffed the council to aflia him with their advice, but they declined and evaded, calling it a bruOi, or fmall difturbance by boyr. and m-groes, not confidering hovi much it muft be refenled in England, that the officers of the crown (hould tliink themlclves obliged to quit the place of their refi- dencc, and go on board a King's fhip for fafety, and all the intern.il. authority of the province take no notice of it— :l'he town of Bofton have had repeated meetings, and by their votes declared the Commiffioners and their officers a great grievance, and yefterday inftruaed their Hepreftntatives to endeavour, that enquiry fhould be made by the Affembly whether any perfon by writing or in any other way, had encouraged the fending troops here, there being fome alarming reports that troops are expeded, but have not taken any meafures to difcountenance the pioniotersof the late proceedings ; but, on the contrary, appomted one or more of the aftors or abettors on a com- mittee appointed to wait on the Governor, and to defire him to order the man of war out of the harbour. Ignorant as they be, yet tht heads of a Bofton town- meeting influence all public meafures. It is not poffible this anarchy (hould laft always. Mr. HalloweH, who will be the beaier of this, tells me he has the honour of being perfonally known to you. I beg leave to r^t« ycu to him' for a more full account. „•.,*! H, lam, with great efteem. Sir, . Your moft humble and obedient fervant, THO. HUTCHINSON. this SIR, fafei being eir families their board, fo open the preffed the ey declined lurbance by it muft be ■own (hould their refi- ty, and all no notice of d meetings, -s and their f inftruded ry ihould be writing or in troops here, re expeded, ntenance the he contrary, rs on a com- md to defire our. 3ofton town- Iways. Mr. lis me he has I beg leave lient fcrvant, CHINSON. SIR, • [ 5 ] SIR. Bopn, Auguft 1768. IT is very neccflary other information Ihould be had in England of the prcfent ftate of the commiflioners 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, people in general being prejudiced by many falfc reports and mifrepreientations concerning them. Seven eighths of the people of the. country fuppofe the board it- felf to be unconftitutional, and cannot be undeceived and brought to believe that a board has exifted in England all this century, and that the board eftabliftied here has no new powers given to it. Our incendiaries know it, but they induftrioufly and very wickedly publifh the contrary. As much pains has been taken to prejudice the country againft the perfons of the commiflioners, and their cha- rafters have been mifreprefented and cruelly treated, efpecially fince their confinement at the Caftle, where they are not fo likely to hear what is faid of them, and are 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 againft the under officers as againft the commiflioners, / 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 ftipulated that the commiflioners fltould not be invited. An affront of the fame nature at the motion of Mr. Han- cock was offered by a company of cadets. Soon afrer a veffel of Mr. Hancock's being feized, the officers were mobb'd, and the commiflioners were informed they were threatened. I own I was in pain for them. I do not be- lieve if the mob had feized them, there was any authority able and willing to have refcued them. After they had withdrawn, the town fignified to the Governor by a mef- fage that it was expeSed or defired they fhould not return. It It was then the general voice that it would not be fafe for them to return. Aficr all this, the Tons of liberty fay, they defertcd 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 commiffioneri. Great pains have been t.iken to increafe the difcontent. Their office by thcfe meant is rendered extremely burdenfomc. Every thing they do is found fault with, and yet no particular il- legality or even irregularity mentioned. There is too much hauteur, fome of their officers fay, in the treatment they receive. 1 hey fay, they treat their officers as the com- miflioncrs 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, and the diftinaion made between the commiffioners, is be- caufe it has been given out that four of them were in fa- vour of the new eftabliffimcnt, and the jiflh was not. If Mr. Hallowell arived fafe, he can inform you manycir- cumftances relative to this diftindion, which I very wil- lingly excufe myfelf from mentioning. I know of no burden brought upon the fair trader by the new eftabliflimcnt. The illicit trader finds the rifqu; greater than it ufed to be, efpecially in the port where the board IS conftantly held. Another circumftance which in- creafcs the prejudice is thisj the new duties happened to take P ace juft about the time the Commiffioners arrived. Peo- ple have abfurdly conneaed the duties and board of Com- fliiflioners, and fiippofe we ffiould have had no additional duties, if there had been no board to have the charjre of cdlcamg -them. With all the aid you can give to the officers of the crown, they will have enough to do to main- tain the authority of government, and to carry the laws in- to execution. If they are difcountenanced, negicaed, or tailof fupport from you, they mud fubmit to everv thing the the prefeni them. There i that of the mended m that I am i ble with m it. and If affixed to I allowed by From m conceived i ment to m public intei carry their I am. Sir, Auguft I was agreed from Engit ads are re| town have the fubfcri you. Dear IWA Si arrived your obligi what the well's arri\ ininiediatel mkmM ^w$ III iMiMPBpniw ■l iy ^l W il^'l " [ 7 ] the prefent oppofcrs of government think Bt to require of them. There is no office uniler greater difcouragements thao that of the CommiiTioners. Some of my friends recom- mended me to the miniftry. 1 think myfclf very happy that I am not one. Indeed it would have been incompati- ble with my poft as chief juftice, and I muft have declined it. and I fhould do it although no greater fulary had been affixed to the chief juftice's place* than the fmall pittance allowed by the province. From my acquaintance with the Commlirioners I have conceived a perfonal efteem for them« but my chief induce- ment to make this reprefentation to you is a regard to the public intereftj which I am fure will fuffer if the oppofition carry their point againft 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 prefent to give no more orders for good< from England, nor receive any on commiflion until the late ads are repealed. And it is faid all except fixteen in the town have fubfcribed an engagement of that tenor. I hope the fubfcrtption will be printed* that I may tranfmit it to you. Dear Sir, Boflon, Oilober 4, 1768. IW A Sabfent upon one of our circuits when Mr. Byle't arrived. Since my return, I have received from him your obliging letter of 31ft July. I never dared to think what the refentmcnt of the nation would be upon Hallo- well's arrival. It is not ftrange that meafures (hould be imnnediately taken to reduce the colonies to their former (late ■ „!.fiJ«,^44t|>tA,..^^-Vj-,. .., ,.A.tf^**faw^. I ] rtatc ot government and order, but that the national fiiiulj fhould be affected by it, is to me a little myftcrious and liir- prifing. Principles ot government abfurd enough Iprtad thro' all the colonics ; but 1 cannot think that in any colo- ny, people of any confideration have ever been fo mad as to think of a revolt. Many of the common people have been in a frcn/y, and talked of dying in defence of their li- b-ities, and have fpokeand printed what is highly criminal, and too many of rank above the vulgar, and fome in public pofts have countenanced and encouraged them, u til they incrcafed fo much in their numbers, and in their opinion of their importance, as to fubmit to government no further than they thought proper. The legiflativc powers have been influenced by them, and the executive powers intirely loft their force. There has been continual danger of mob* and infurieftions, but they would have fpenl all their forte within oiirfelves; the officers of the crown, and fome of the few friends who dared to ftandby them, poflibly might have been knock'd on the head, and fome fuch fatal event would probably have brought the people to their fenfes. For tour or five weeks paft the diftemper has been growing and 1 confefs I have not been without lomc apprehenfions for iryfclf, but my friends have had more for me; and I have had repeated and frequent notices from them, from diflfcrent quarters, one of the lajl I will inchfe to you *. In this ftate of things, there was no fecurity, but quitting my pofts, •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 laft fpring, there had been feveral riots, and a moft infamous libel publifhed in one of the papers, which I en- larged upon, and the grand jury had determined to make ' See the following letter. prefentments ftiiAmtmimJMlli^im [ 9 ] prclenlmentsbut the Auorncy-general not attending them fhc firft day, Otis and his creatures, wlio were alarmtil ati.l frightnctl, exerted themftlves the next day, and privailtd upon (o manyof the jury to change their voices, that there was not a fufficitnt number left to find a bill. They have been ever fince more enraged againft me than ever. At the dcfire of the governor I committed (o writing the charge while it lay in my memory, and as f have no fur- ther ufe for it I wiUindofe it, as it may give you fomcidca of our judicatories Whilft we were in this (late, news came of two regi- mcnts being ordered from Hal I i fax, and foon after two more from Ireland. The minds of people were more and more agitated, broad hints were given, that the troops fhould ne- ver 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 remove it. The town of Bofton met and pafled a number of weak, but very criminal votes ; and as the governor declined calling an aflembly, they fent cir- cular letters to all the towns and diftrifts to fend a perfon each that there might be a general confultation at fo extra- ordinary a crifis. They met and fpent a week, made them- felves ridiculous, and then diflblv'd thcmfelvcs, after amcf- fage or two to the governor, which he refufed to receive • a petition to the King, which I dare fay //»«> agent will never be allow'd to prefent, and a refult which they have pub- iimed, ill-natured and impotent. In this confufion the troops from Hallifax arrived. Ine- ver was much afraid of the people's taking arms, but I was apprehenfive of violence from thf mob, it being their laft chance before the troops could land. As the prolpea of re- venge became more certain, their courage abated in propor- tion. Two regiments are landed, but a new grievance i-^ now rais'd. The troops arc by ad of parliament to be quartered no where elfe but in the barracks, until they are ^ t'l!ll. ' 'iVWiniiiuiiyu i $ »■' I' [ lO ] full. There are barracks enough at the caftle to hold both regiments. It is therefore againft the a£l to bring any of them into the town. This was darted by the council in their anfwer to the governor, which, to make themfelves popular, they in ^n unprecedented way publifhed and have alarmed all the pioviace; for although none but the mod contrafted minds could putfuch aconftruftionupontheaa, yet after this declaration of the council nine tenths of the ^ people fuppofe it juft. I with the nGt had been better cx- prefs'd, but it is abfurd to fuppofe the parliament intended to take from the King the direftion of his forces, by con- fining them to a place where any of the colonies mightthink fit to build barracks. It is bcfides 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 quarters, but a doubt ftill remains with fonieof the council whether they are to furnifh the articles required unlefs 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 po- pulace, that it muft come out of them by degrees, at lead - it will be a work of time to bring the people back to jud notions of the nature of government. Mr. Pepper rell, a young gentleman of good charafter and grandfon and principal heir to the late Sir William Pepper- rell, being bound to London, I fliall deliver this letter to him, as it will be too bulky for podage, and defire him to wait upon you with it. I am with very great eftcem. Sir, your mod humble and mod obedient Servant, THO. HUTCHINSON. [ " ] hold both Jig any of council in chemfelves I and have t the mod )onthead» ths of the better ex- it intended s, by con- night think , for it is ito the bill r favour to IS provided ith fonieof es required d they are of the po- es, at lead lack to juft ira£ter and m Pepper- lis letter to ^ilre him to SIR, 'T^H E great efteem I have for you in every point of A. light, perhaps renders my fears and doubts tor the fafety of your perfon greater than they ought to be ; how- ever if that is an error, it certainly refults from true friend- Ihip, naturally jealous. Laft night I was informed by n gentleman of my acquaintance, who had his information from one intimate with and knowing to the infernal .purpo- fes of the fons of liberty, as they falfely ftile thenifelves, that he verily believ'd, from the terrible threats and mena- ces by thofecatalines againft you, that your life is greatly in danger. This informant, I know, is under obligations to you, and is a man of veracity. He exprefs'd himfelt with concern for you, and the gentleman acquainting me with this horrid circumftancc, aflurcd me he was very uneafy till you had notice. I (hould have done myfelf the honour of waiting on you, but am neceffarily prevented. The duty I oWed to you as a friend, and to the public as a member of fociety, would not fuffer me to reft till I had put your ho- nour upon your guard; for though this may be a falfe alarm nothing would have given me greater pain, if any accident had happened, and I had been fdent. If poffible, I will fee you to-morrow, and let you know further into this black affair. And am with the fincereft friendfliip and re- Tped, your honour's Moft obedient, and moft humble fervant. ROB. AUCHMUTY. To the hon'tU Thomas Hutchinfon, ,,^ Sept. 14, 1768. It, [INSON. Dear Sir, Bgjien, Dec. 10, 1 768. I 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 peti- tion to garliament, and that it will be fent by this (hip to B « Mr. r [ >2 J Mr, Bollan to be prefented. Mr. Danforth, who Is pre- fidcnt of the council, told the governor, upon enquiry that it was lent to him to fign, and he fuppofed the reft of the council whohad met together, would fign after him in order ; but he had fince found that they had wrote over his name, by order of council, which makes it appear to be an aft of council. Tius may be a low piece of cunning in him, but be it as it may, it is proper it ihould be known, that the whole is no more than the doings of a part of the council on- ly ; although even that is not very material, fince, if they had alt been prefent, without the governor's fummons, the meeting would have been irregular andnnconftitutional, and ought to be dtfcountenanced and cenfnred. I fuppofe there is no inftance of the privy council's meeting and doing bufincfs without the King's prefence or fpecial direftion, except in comm'tttecs upon fuch bufinefsas by his majefty's order has been referred to them by an aft of council •, and I have known no inftancehere without the governor, until within three or four months paft. I thought it very neceffary the circumftances of this pro- ceeding (hould 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 fervant, THO. HUTCHINSON. Dear Sir, Bojlon, Jan. 20^ 1769. YO U have laid me under very great obligations by the very clear and full account of proceedings in Parliament, which I received from you by Capt. Scott. You have alfo done much fcrvice to the people of the pro- virce. For a day or two after the (hip arrived, the ene- mies of government gave out that their friends in Parlia- ment were increafing, and all things would be foon on the old c^ld foe would cuftom on wit) had it from fp cautiou publiftii ing thai have in und att( marks they wil fons, is fomewh tught to ferving fuch as i with fa\ This may no what is : to you tl the pare to fecure claratory friends c the friea fo extra\ Theh expeft t< and then neceffary without I called Er !hat in a vho Is pre- nquiry that reft of the m in order i • his name, t an aA of n him, but » that the council on- ce, if they imons, the tional, and ppofe there and doing diredion, s majefty's jncil-, and Tnor, until af this pro- o neceflity mown that eat regard. INSON. 20, 1769. igations by £edings in apt. Scott. >f the pro- , the ene- in Parlia- oon on the old I »3 3 old footing ; in other words, that all afts impofing duties would be repealed, the commiflloners board diffolved, the cuftoms put on the old footing, and il/icit trade be carried on with little or no hazard. It was very fortunate that I had it in my power to prevent fuch a falfe reprefentation from fpreading through the province, t have been very cautious of ufmg your name, but 1 have been very free in publifhing abroad the fubftance of your letter, and declar- ing that I had my intelligence from the beft authority, and liave in a great meafure defeated the ill defign in raifin^ und attempting to fpread fo groundlefs a report. What marks of refentmcnt the Parliament will fliew, whether they will be upcn the province in general, or particular per- fons, is extremely uncertain, but that they will be placed fomewhere is moft certain, and I add, becaufe / (Aink it tught to be foy that thofe who have been moft fteady in pre- ferving the conftitution and oppofing the licentioufnefs of fuch as call themfelves Sons of Liberty, will certainly meet with favour and encouragement. This is moft certainly a crifis. I really wifli that there may not have been the leaft degree of feverity beyond what is abfolutely neceffary to maintain. I think I may fay to you the dependance which a colony ought to have upon the parent ftate ; but if no meafures ftiall have been taken to fecure this dependance, or nothing more than fome de- claratory afts or refolves, // ,/ all over with us. The friends of government will be utterly diflieartened, and the friends of anarchy will be afraid of nothing, be it ever fo extravfi^ant. The laft veffel from London had a quick paffage. We expea to be in fufpence for the three or four next weeks, and then to hear our fate. I never think of the meafures neceffary for the peace and good order of the colonies without pain. There muft be an abridgement of what are called Englilh liberties, I relieve myfelf by confidcring, !!iat in a remove from the ftate of nature to the moft per- fea r 14 ] fed ftate of government, there muft be a great reftraint of natural liberty. I doubt whether it is poflible to pro- lt€t a fyftem of government in wrhich a colony 3000 miles diftant from the parent ftate (hall enjoy all the liberty of the parent ftate. I am certain I have never yet feen the projeflion. I wifli the good of the colony when I wifti to fee fome further reftratnt of liberty, rather than the con- nexion with the parent ftate fhould be broken ; for I am fure fuch a breach muft prove the ruin of the colony. Par- don me this excurfion, it really proceeds from the ftate of mind into which our perplexed affairs often throws me. I have the honour to be, with very great efteem. Sir, your moft humble and moft obedient fervant, THO. HUTCHINSON. will fay be thoUj not offe I hav parture, fcandalo ters of ] and a gr I muj I write, here, el in Lond the cont fee bctte Dear Sir, Bofton, OSIaber 26, 1769. I THANK you for your laft favour of July i8th. I fancy in my laft to you, about two months ago, I have anfwered the greateft part of it. My opinion upon the combination of the merchants., I gave you very fully. How long they will be able to con- tinue them if Parliament ftiould not interpofe, is uncertain. In moft articles they may another year, and you run the rifque of their fubftituting, when they are put to their Ihifts, fomething of their own in the place of what they ufed to have from you, and which they will never return to you for. But it is not poftible that provifion for diftblv- ing thefe combinations, and fubjeding all who do not re- nounce them to penalties adequate to the offence, fhould not be made the firft week the parliament meets. Cer- tainly all parties will unite in fo extraordinary a cafe, ii they never do in any other. So much has been faid upon the repeal of the duties laid by the laft aft, that it will render it very difficult to keep people's minds quiet, if that ftjould be refufed them. They defervc punlfliment, you wiU SIR, 1AM you I Mr. Pax fend me I am 1 ploymen before th here wh« bances, fecurity 1 felves mi fupport t better (h in which pers laft as the fii ! r 15 ] will fay ; but laying or continuing taxes upon all cartHot be thought equal, feeing many will be punifted who are not offenders. Penalties of another kindfeem better adapted. I have been tolerably treated fince the Governor's de- parture, no othe»charge being made againft me in our fcandalous news-papers, except my bad principles in mat- ters of government; and this charge has had little efFea, and a great many friends promife me fupport. I muft beg the favour of you to keep fecret every thing I write, until we are in a more fettled ftate, for the party here, either by their agenty or by fome of their emiffariea in London, have fent them every report or rumour of the contents of letters wrote from hence. I hope we Ihall fee better times both here and in England. lam, with great efteem. Sir, your moft obedient fervant, THO. HUTCHINSON. S ^ ^» . Bojimt May 7, 1 767. JAM indebted to you for the obliging manner in which 1 you received my recommendation of my good friend Mr. Paxton, as well as for the account you are pleafed to fend me of the fituation of affairs in the mother country. I am very forry that the colonics give you fo much em- ployment, and it is impoflible to fty how long it will be before things fettle into quiet among us. We have fome here who have been fo bufy in fomenting the late diftur- bances, that they may now think it needful for their own fecurity to keep up the fpirit. They have plumed them- felves much upon the viftory they have gained, and the fupport they have fince met with ; nor could any thing better (hew what they would ftill be at, than the manner m which, by their own account publiflied in the news-pa- pers laft Auguft, they celebrated the 14th of that month, as the firft anniver&ry commemoration of what thcv had done [ i6 ] done at the tree of liberty on that day the year before. Here a number of rerpe£tab1e gentlemen, as they inform us> now met, and among other toafts drank General Paoli, and the fpark of liberty kindled in Spain. I am now fpcak- ing of a few individuals only, the body of the people are well difpofcd ; yet when you come to fee the journal of the Houfe of Keprefentatives the laft feflton* I fear you will think that the fame fpirit has fcized our public coun- fels. I can, however, fairly fay thus much in behalf of the government, that the laft houfe was packed by means of a public profcription juft before the eledion, of the grt-ateft part of thofe who had appeared in the preceding fedion in the fupport of government: their names were publiflied in an inflammatory news-paper, and their con- ftituents made to believe they were about to fell them for flaves. Writs are now out for a new afTembly, but I can- not anfwer for the choice : I hope, however, that the peo- ple in general are in a better temper ; yet the moderate men have been fo brow-beaten in the houfe and found them- felves fo infignificant there the laft year, that fome of them will voluntarily decline coming again. I think this looks loo much like a defpair of the common-wealth, and can- not be juftified on patriotic principles. The election of counfellors was earried the laft year as might have been expefled from fuch an houfe. The offi- cers of the crown, and the judges of the fuperior court were excluded. And I hear that it is the dcfign of fome, who exped to be returned members of the houie this year, to make fure work at the enfuing elcaion of counfellors, by excluding, if they can, the gentlemen of the council, (who by charter remain fuch 'till others are chofen in their room) from any ftiare in the choice, though they have al- ways had their voice in it hitherto from the firft arrival of the charter. If the houfe do this they will have it in their power to model the council as they pfeafe, and throw all the powers of government into the hands of the people, unlefs the ['7 3 die Governor fliould again exert his negative as he did the lad year. You have doubtlcfs feen fome of the curious mefTagee from llie late houfe to the Governor, and can't but have obfcrved w^ith how little decency they have attacked both the Governor and the Lieutenant Governor. They have alfoineflFea, forceJ the Council to declare themfelves par- ties in the quarrel they had againft the latter in a matter of mere indifference. In their meflage to the Governor of the 31ft of January, they have explicitly charged the Lieutenant Governor (a gentleman to whom they are more indebted than to any one man in the government) with " ambition and luft of power," merely for payin<» a compliment to the Governor agreeable to ancient ufage, by attending him to court, and being prcfent in the council- chamber when he made his fpeech at the opening of the fefllon ; at which time ihey go on to fay, " none but the general court and their fervants are intended to be prefent,'' ftill holding out to the people the fervants of the crown as objeas of infignificance, ranking the Secretary with their door-keeper, as fervants of the Affembly ; for the Secret tary with his clerks and the door-keeper are the only pcr- lons prefent with the Affembly on thefe occafions. The officers of the crown being thus lefTen'd in the eyes of tlw people, takes off their weight and influence, and the balance will of courfe turn in favour of the people, and what makes them dill more infignificant is their depen^ dance on the people for a neceffary fupport : If fomething were left to the goodwill of the people, yet nature (hould be fure of a fupport. The Governor's falary has for about thirty-five years paft been pretty well underftood to be £• 1000 a year fterling. When this fum was firft agreed to, it was very well ; but an increafe of wealth fjnce, has brought along with it an increafe of luxury ; fo that what was fufficient to keep up a proper diftinaion and fupport the dignity of a Governor then, may well be fuppofed to C i« ^impmmmfmmmi^ [ 18 1 be infufficicnl for the purpofe now. The Lieutenant Go- vernor has no appointments as fuch : the captaincy of Ciiftlt- William, which may be worth jC-iao fterling a year, is looketl upon indeed as an appendage to his com- inifllon, and the late l/icutcnant Governor enjoyed no other appointment : he lived a retired life upon his own eftate in the covintry, and was cafy. The prefent Lieute- nant Governor indeed has other appointments, but the people arc quarrelling with him for it, and will not fuffer iilni to be eafy unlefs he will retire alfo. The Secretary may have fomething more than j^ 200 a year ftcrling, but has for the two laft years been allowed j^. 60 lawful money a year lefs than had been ufual for divers years preceding, though he had convinced the houfe by their committee, that without this deduftion he would have had no more tlian ^^.250 fterhng per annum in fees, perquifites and falary altogether, which is not the one half of his annual expencc. The crown did by charter referve to itfelf the appoint- ment of a Governor, Lieutenant Governor and Secretary : the defign of Ihis was without doubt to maintain fome kind of balance between the powers of the crown and of the people ; but, if officers are not in fome meafure independent of the people (for it is difficult to ferve two mafters) they ■will fometimes have a hard ftruggle between duty to the crown and a regard to felf, which muft be a very difagree- able fituation to them, as well as a weakening to the au- thority of government. The officers of the crown are •very few, and are therefore the more eafily provided for without burdening the people : arid fuch provijion I look upon as necejfary to the rejioration and fupport of the King^s authority. Rut it may be faid, How can any new meafures be taken without raifing new difturbances ? The manufacturers in England will rife again and defeat the meafures of govern- ment. This jjamc, 'tis true, has been played once ar-d fuccccdcd lant Go- al ncy of reiTing a his com- joyed no his own t Lieute- but the not fuffer jn jCaoo n allowed ufual for the hoiife he would ■n in fees, s one half ; appoint- secretary : fome kind id of the dependent Hers) they uty to the r difagree- :o the au- :rown are ovided for t/!on J look the King's IS be taken jfturcrs in >f govern- once ar»d fuccccclcd [ '9 1 fucccedcd, and it has been affertcd here, that it is in \.\\r. power of the colonies at any time to rail'e a rebellion in England, by rcfufing to fend for their manufactures. Tor my own part, I do not believe this. The niercliants in England, and I don't know but thofe in London and Bi illol only, might always govern in this matter and quiet the ma- nutadurer. The merchant's view is always to his own intercft. As the trade is now managed, the dealer here fends to the merchant in England for his goods, upon thcfc goods the EngliHi merchant puts a profit of lo or more, probably i 5 per cent, when he fends them to his employer in America. The merchant is fo jealous of fon going this profit, that an American trader cannot well purchafe the goods he wants of the manufadurer ; for ftiould the mer- chant know that the manufacturer had fupplicd an Ame- rican, he would take off no more of his wares. The merchants therefore having this profit in view will by one means or other fecure it. They know the goods which the American market demands, and may therefore fafely take them off from the manufadlurer, tho' they fhoulcl have no orders for (hipping them this year or perhaps the next; and I dare fay, it would not be longer before the Americans would clamour for a fopply of goods from England, for it is vain to think they can fupply thenifelves. 'J'he merchant might then put an advanced price upon his goods, and poflibly be able to make his own terms ; or if it (hould 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 fiock, and then the game would be over. 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 fervant of the crown ought upon all proper occafions to fugged, vet C a the titmlmtk [ 20 J li'.c many prejudices I have to combat withi may render it 'unfit it liiouUi be made public. '■ 1 communicated to Governor Bernard what you mentioned concerning him, who dcfires me to prefent you his compli- menis, and let you know that he is obliged to you for the csprtflions of your regard for his injured charaftcr. I am, with great refped. Sir, Your moft obedient and moft humble I'crvant, ANDREW OLIVER. I aflt your acceptance of a journal of the laft feflion which is put up in a box direfted to the Secre- tary ef (he beard of trade. SIR, Eoflony May n, 1768, I A M this moment favoured with your very obUging letter by Capt. Jarvis, of the ad of March, which I have butjuft time to acknowledge, as this is the daygiven out for thefhip to fail. I wrote you the 23d of February inreplyto your letter of the aSth December ; tlwt of the >ath of Febru- ary which you refer to in this of the 2d of March is not yet come to hand. You lay me. Sir, under the greateft obli- gations, as well for the interefting account of public affairs, which you are from time to time pleafed to tranfmit me, as for your fteady attention to my private concerns. I (hall al- ways have the moft grateful fenfe of Mr. Grenville's inten- tions of fiivour alfo, whether I ever reap any benefit from them or not. Without a proper fupport afforded to the king's officers, the refpeft due to government will of courfe fail j yet I cannot fay whether under the prefent circumftances, and confiJcring the temper the people arc now in, an addi- tional provifion for me would be of real benefit to me perfonally or not. It has been given out that no perfon, who receives a ftipend from the government at home, (hall live in the country. Government herewants fome effeiiual fuprort : No foonerwas it known, that the Lieutenant Go- vernor Mfaii.wri*t'.ove that of ivy council f thofe per- id of other i, or other- end the ho- r of diftin- expedation Ubie. es of mine, e the com- D good pur- ilank cover, ir it by my- and tho't I my friends. > as if I was I truft will re you will t for a long fentation in ion between ilthful con<- :d whether this [ 27 ] this union could be perfcaed by the firft experiment. Jhe plan here exhibited feems to be formed in generous and moderate principles, and bids the faireft of any I h-ive yel feen to be adopted. Such a great defign may, as in painting, require frequent touching before it becomes a piece highly finifli'd ; and after all, may require the me- liorating hand of time to make it pleafe univerfally. Thus the Britifli conftitution, confider'd as without the colonies, attain'd it's glory. The book I had fent me is in fuch requeft, that I have not been able to keep it long enough by me, to confider it m all its parts. I wilh to hear how it is received in the Houfe of Commons. I find by the publications, both of Governor Pownall and Mr. Bollan, that they each of them adopt the idea of an union and re- prefentation, and I think it muft more and more prevail. The argument againft it from local inconveniency, muft, as it appears to me, be more than balanc'd by greater inconveniencies on the other fide the queftion : the great difficulty will be in the terms of union.— I add no more, as I fear I have already trefpafs'd much on your time and* patience, but that I am. Sir, Your obliged and moft obedient humble fervant, ANDREW Oliver! SI R» NewTork, Augufi la, 1769. IH A V E been in this city for fome time paft, executing (with others) his Majefty's commiffion for fettling the boundary between this province and that of New-Jerfey. I left Bofton the nth of July, fince which, my advices froni London have come to me very iraperfea ; but as my friend Mr. Thompfon writes me, that he had drawn up my cafe, and with your approbation laid it before the D. of Grafton, I think it needful once more to mention this bu- fincfs to you. D 2 There [ 28 ] There was a time when I thought the authority of go- vernment might have been eafily reftored ; but while it'» friends and the officers of the cown are left to an abjefk dependence on thofe very people who are undermining it* s au- thority ; and while thefe are fuffered not only to go un- puniflied, but on the contrary, meet with all kind of fup- port and encouragement, it cannot be expeded that you will ever again recover that refped, which the colonies had been wont to pay to the parent ftate. Government at home will deceive itfelf, if it imagines that the taking off the duty on glafs, paper and painter's colours will work a reconciliation, and nothing more than this, as I can learn, is propofed in Ld. H's late circular letter. It is the principle that is now difputed; the combination againft importation extends to tea, although it comes cheaper than ever, as well as to the other forementioned articles. In Virginia it is extended lately to wines; and I have heard one ot the firft leaders in thefe meafures in Bofton fay, that we (hould never be upon a proper footing 'till all the re- venue afts from the 1 5th of Charles II. were repealed. Our Affembly in the Maffachufetts may have been more illiberal than others in their public meflages and refolves ; yet we have fome people among us ftill who dare *o fpeak in favour ot government : But here I do not find fo much as onr, unlefs it be fome of the King's fervants \ .ind yet my bufinefs here leads me to alTociate with the beft. They univerfally approve of the combination againft importing of goods from Great-Britain, unlefs the revenue a£ts are repealed, which appears to me little lefs than affuming a negative on all ads of fiarliament which ihey do not likel They fay exprefsly, we are bound by none made fince our emigration, but fuch as for our own convenience we choofe to fubmit to ; fuch, for in- ftance, as that for eftablifhing a poft-officc. The Bill of Rights and the Habeas Corpus Afts, they fay, are only declaratory of common law which we brought with us. Under m y of go- while it't in abje£k ng it*t au- to go un- id of fup- that you colonies vernment le taking ours will this, as I er. It is }n againft aper than ides. In ive heard fay, that I the re- led. Our e illiberal Ives ; yet to fpeak t find fo fervants ; with the nbination n, unleft me little arliannent are bound s for our , for in- e Bill of are only : with us. Under [ 29 ] Under fuch circumftance as thefe, why (hould I wifti to expofe myfelf to popular refentment ? Were I to receive a- ny thing out of the revenue, I muft exped to be abufed for it. Nor do 1 find that our chief juftice has received the £. 200 granted him for that fervice; and yet the affembly have this year with-held his ufual grant, moft probably be- caufe he has fuch a warrant from the crown. With regard to my negotiations with Mr. Rogers, I did in conformity to your opinion make an apology to Mr. Se- cretary Pownall for mentioning it, and there fubmitted it. I liear it has been fince talk'd of; but urilefs I could be af- fured in one fliape or other of £. 300 per annum with the other office I would not chufe to quit what I have. I have no ambition to be diftinguilhed, if I am only to be held up as a mark of popular envy or refentment. 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 not yet come to expe£t it through that channel! I will however rely on your friendfliip, when- ever you can with propriety appear in forwarding my inte- reft, or preventing any thing that may prove injurious to it. If Mr. R. has intereft enough to obtain the Secretary's place, I ihall upon receiving proper fecurity think myfelf in honour bound to fecond his views, though I have none at prefent from him but a conditional note he formerly wrote me. If he is not like to fucceed, and my fon Daniel could have my place, I would be content, unlefs aflFairs take a dif- ferent turn, to refign in his favour, whether adminiftration (hould think proper to make any farther provifion for me or not. And yet I never thought of withdrawing myfelf from the fervice, while there appeared td nnc any profpeA of my being able to promote it. If I have wrote with freedom,! coniider I am writing to a friend, and that I am perfectly fafe in opening myfelf to you. I am, with great refpeft. Sir, Your moft obedient, htimble fervant, A N D R K W OLIVER. T [ 3" J D F. AR Sir, iH K commiiTloncri) of the cunoms have met with c- very infult fince their arrival at Bofton and at la(t have been obhgcci to feek proteftion on board his majefly's ihipRomney. — Mr. Haltowell, the comptroller of the cuf- toms, who will have the honour to deliver you this letter, will inform you of many particulars ; he is fent by the board with their letters to government. Unlefs we have immedi- ately 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 greateft refpe£t, and warmeft regard. Dear Sir, ' ? Your moft faithful and obliged fervant, CHARLES PAXTON. Oft btard his Majejlfs Jbip Romney, Bo/ioH Harbour, June 20, 1768. My Dear Sir, Bo/I$n, 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 fofuddenly; but within this day or two, I have had a converfation with Mr. Oliver, Secretary of the province, the defign of which, was my fucceeding to the port he holds from the crown, upon the idea, that provifion would be made for Governor Bernard, and the Lieutenant Governor would fucceed to the chair, then the fecretary is dcfirous of being Lieutenant Governor, and if in any way three hundred pounds a year could be'annexed to the appointment. You arc fcHfible the appointment is in one department, and the grant in another; now theprefent Lieutenant Governor has an ji».w«iji«yi»iiiBMi»i^ WMii ;t with c- ind at \a\\ majefty's if the cuf- his letter, the board : immedi- of all the 1 rebellion. pe£t, and CTON. 12, 1768. I think ot le, at lead have had a r province, ft he holds would be t Governor dcfirous of ■ee hundred ent. You it> and the vernor has an r 31 ] anaflignmcnt of ;(;2oo a year upon the cuftoms here ; he has not received any thing from it as yet, and i» doubtful if he (hall ; he has no doubt of its lapfe to the crown, if he has the chair ; if then by any intereft, that fum could be airigned to Mr. Oliver as Lieutenant Governor, and if he fliouid be allowed (as has been ufual for all Lieutenant Governon) to hold the command of the caftle, that would be another £. 100. This would compleat the fecratary's views; and h€ thinks his public ferviccs, the injuries he has received in that fcr- vice, and the favourable fentiments entertained of him by Go- vcrment may lead him to thefe views, and he hopes for the intereftof his friends. The place of fecrctary is worth/; 300 a year, but is a provincial grant at prefcnt, fo that it will not allow to be quwtered on : And as I had a vie*/ upon the place when I was in England and went fo far as toconvcrfc with feveral men of intereft upon it, though I never had an opportunity to mention it to you after I recovered my iH- nefs— 1 hope you will allow me your influence, and by ex- tending It at the treafury, to facilitate the aflignment of the i.. 200 a year ; it will be ferving the fecretary, and it will very much oblige me. The fecrctary i, advanced in I'fe, though much morefo in health, which has been much impaired by the injuries he received, and he wifties to quit ' the more aftive fcenes ; he confiders this as a kind ofolym ' cum dignitate, and from merits one may think he has a claim to It. I will mention to you the gentlemen, who are ac- quainted with my views, and whofe favourable approbation 1 have had. Governor Pownall, Mr. John Pownall, and IJr Franklin.-My Lord Hillfljorough is not unacquainted with It— I have fince I have been here, wrote Mr. Jackfon upon the fubjea, and have by this veflel wrote Mr. Mau- du't. I think my charader ftands fair-I have not been without application to public affairs, and have acquired lome knowledge of our provincial affairs, and notwithftand- ing our many free converfations in England, I am confider- cd t 32 ] cd here as on government fide, for which I have been often traduced both publicly and privately, and very lately have had two or three flapi. The Governor and Lieutenant Governor are fully acquainted with the negociation, and I meet their approbation ; all ii upon the idea the Governor it provided for, and there fliall by any means be a vacancy of the Lieutenant Governor's place. I have gone fo far, as to fay to fome of my friends, that rather than not fucceed I would agree to pay the fecretary j(,'ioo a year out of the of- fice, to make up ^. 300, provided he could obtain only the aflignment oi £. 200— but the other propofal, would to be fure, be mod eligible. I fcarce know any apology to make for troubling you upon the fubjeft j the friendfliip you fliewed me in London, and the favourable expreflions you made ufe of to the Lieutenant Governor in my behalf, en- courage me, befides a fort of egotifm, which inclines men to think what they wi(h to be real. I fubmit my felf to the enquiries of any of my countrymen in England, but I ihould wift the matter may be fecret, 'till it is effefted. I am, with very great refped and regard, my dear Sir, your moft obedient and moft humble, fervant, NAT H. ROGERS. [ 33 ] been often ately have Lieutenant tioni and I lovernor it vacancy of ) far» as to fucceed I of the of- >btatn only I, would to apology to ndfhip you eflions you lehalf, en- clines men ^felfto the It I ihould lear Sir* It, GERS. I - • ' r 11 REMARKS UPON THE ABOVK LETTERS. THESE are the letters, upon which the Affembly have artfully been induced to pafs their cenfures, and have founded an addrefs to remove his Majefly's Governor and Lieutenant Governor. Unable to point out a fingle afti- on of the Governor's during his four years adminiflration, they find themfelves under a neccflity of recurring to letters, written before the time, when either of thefe gentlemen were poflefTed of the offices which they now enjoy* Upon the revifal of them, I fee ftrongprcofs of Mr* Hutch- infon's judgment and underftanding, of his juft notions of the intereft of that country and of this, and of his fidelity and fteady r^ard to the welfare of both : but am at a lofs to find what there is in them, which can be a ground of blame ; and much lefs warrant the very extraordinary cen- fures, which have been paffed on them. They are his private correfpondence with the late Mr. Thomas Whately a private gentleman in London : a member of parliament indeed, and one who had been fecretary to the treafury : but who was then out of place ; and far from being con- nefted with Government, during the whole time while thefe letters were writing, was voting in oppofitioft. Being E neither [ 34 ] neither of them in trade, their letters did not contain bills or invoices, but they turned upon fubjeds which gentlemen naturally write about to each other : the occurrences of the time, and the feveral public matters, which were tranfac- ting in the places where each of them refided. The intel- ligences they contain may have come to hand fomething earlier than thofe by the common conveyance. But the fads themfelves were, foon after, all known to every man in this country as welt as that. They give an accoui.t of a riot at Bofton, upon the fei- /.urc of a fmuggliig veflel belonging to Mr. Hancock, a principal fupporter of thi. party, and one of the committee appointed to the management of the cenfure paflfed upon tlicfc letters ; but of this riot we all of us in due time from cur feveral coi i efpondcnts knew full as much as Mr. Whate- ly did from his f* 'I'he tetters mention the combinations at Bofton againft takii^ our goods : but is it a crime to write u news, what they wiihed to have told to all the workt^ and printed in their news-papers for that very purpofC;, \n order to bully ourMinifters, and frighten our merchants and manufaSurers —They mention, that upon the Governor'* not judging it proper to call an affembly at the will of the party leaders at Boilon, thefe townfmea took upon themfehres to write circular letters to all the towni and.diftrids, to fend one perfon each to Bofton — And do we not all know that they did fend fuch fummons ? and that this mock alTennbly did t In this riot. Mr. Harrilbn, the colIeAor, an old gefitte- inan of an irreproachabk charador, and very rcijteAabk appearance, rec«ived> a contufion in hit breaft by a brick-bat, which was thsown at hin i unden the ili eflfeds of which he languiHied for more than twelve months^ and prcbably might have been trampled to death, if hi* fon, and others had not refcued him. This is what they called a bniih, or finall ilidurbance with boys and i^irgrQes- i...wx- .^„„„^;i- ... ju...-. • meet? iiiij.:.":! . ' . meet ? I It, and p Thcle ment's fu in the fa Iloufeof thing } a fo fuppor mon peo| talked of not been fort? and tiny and I the let Tome in p thefe cenfi of confufi the comm "ftateof " the grea "caufesj" or Mr. Hi taufesof I ment. B< had not M on about tJ ihefe gentli mcnt, and With th writer's fer jeds as occ ly obferves, the coloniei fpeeches to will thefe ft avow the p ontain bills > gentlemen snces of the ere tranfac- The intel- fomething (. But the every man 'on the fei- Hancock, a committee aflfed upon tim* from Ir. Whate- [>n •gainft lews, what printed in crto bully lufadurert judging it rty kaders ea to write o fend one that they rembly did Id gentle- r«ij»eAabk brick'bat, which he ibiy might • had not or finall meet ? C 55 J meet ? and did they not dcfire that the world (hould know It, and publifli their relolvcj for that purpofc } Tilde letter* mention the need there is of the Govern- mcni'ii fupporting and encouraging the officers of the crown in the faithful difcharge of their duty— And had not the Houfe of Commons long before this determined the very fame thing ? and did they notaddrels his Majefty, that he wiu/J fo fupport and countenance them > they mention the com- mon people's having been worked up into a frenzy, and talked of dying in defence of their liberties— And have they not been perpetually publifhing threatnings of the fame «ort ? and in all their papers founding the trumpet of mu- tiny and fedition ? The letters fay that many of rank above the vulgar, and lome in public pofts, had encouraged this frenxy. 'And do thefe cenfnrers pretend to fay they were not in luch a ftato ofconfufion? far from denying the truth of this account, the committee of council themfeives acknowledge that "the "rtate of things at this tUne wai grcsRiy difordered^ but " the greatficft of this diforder they fay arofe from othfcr "caufesj" which tfcey there enumtfrate. Whether th«y or Mr. Hutchinfon were right in their jodgmcnt About the taufes of thefe diforders 'h immaterial to the prelent argu- ment. Both acknowledge tha« there were diforder^ And had not Mr, Hutchinfon ai good a right to give hw dpini- on about the caufes of them to » prrrate correfpbndent, as inefe gentlemen have openly fo rradu«« the Britifli govern- ment, and to fay that they w«re o^ing to them ^ With the relation of thefe faas^ the letters mention the wnter's fentimenta upon Governnwra, and fuch other fub- jeSs as occur: fentimients which, a» Mr. Hutchinfon ju{b. ly obferves, contain nothing nffttOnsg the cottmtutioTi of thccoloniea, more than what i» contained in his public fpcechea to the aCTembiy. But wh«iher th«y did or did not will thefe fons of liberty, as they tifta to call themfe*vet, avov the pofuion, that a gentleman of Bofton ought not to E a write r 36 ] write fjis opinions to his friends inLondon, unlefi tliofe opi- nions do cxaflly coincide wiih theirs ? I fay nothing of ihe inodcralion and good temper which appears in all thefe let- ters j for if they could have been rtill more temperate, yet, while Mr. Huichinlon ftands in the way cf the leaders of a fa3ion, who can live by nothing but confufion, they would have equally condemned them. They warned nothing more than to get fome letters under the Governor's hand ; and whatever they were they would have condemned them in the fame manner as they do thofe, and have found that the ciefign cf them was to overthrow the conftitutioPt and to introduce arbitrary power into the province. Thus they ' have treated their former Governors} ihus they have treat- ed this ; and if Mr. Hutchinfon were to die, in three months time they would treat his fucceflbr in the fame manner. I might judiy reft the matter here j and appeal to every impartial reader, whether if his own private correfpondencc ihould by any i&, of fraud or perfidy, happen to be betray- ed, he would not feel hiiplelf happy to find that his letters contained as many things as thefe do, for his friends (o commend, and fo very few for the malice of his enemies to carp at. But as thefe men tffeA a mighty concern led Mr. Whately (hould have (hewed his letters to the King ; and they might interrupt and *' alienate; the aflfedions of ** our moft gracious Sovereign King George the Third, " from his loy^ and aiTedionate province ; and deftroy the *' harmony and good will between Great Britain and that ** colony, which every friend to either would wiih to efta- " blifh :" And as the generality <»f people here, mifled by falfe reprefentations and feigned letters in news-papers, are but too apt to believe theni, this makes it neceftary to take off the made pf hypocrify, and to ezlQbit them in their own proper features. When the reader will himfelf fee, that all thefe fearful apprehenfions of his Majefty'sdifplca- lure, and all thefe profeflfed deiires of harmony between Grc2t ■itiM.| I ttiofe opi. hing of the II tlicfe let- perate, yet, leaders of they would ithing more hand ; and led them in ind that the ion, and to Thus they liave treat- ie, in three I the fame al to every efpondencc > be betray- t his letters is friends to his enemies Dncern left the King ; flfedions of Ihe Third, ieftroy the n and that ifh to efta- mifled by w8-papers, eccflfary to em in their limfelf fee, y'sdifplea- ly between Grc2t [ 37 1 Great Britain am! the Colony, are rtKre mockery anJ in- fult i and that tht y rcully mean thedircd contrary. See, reader , the true rtandard of ihcir loyalty, cxtr.i£i- ed from the journals of the lart hotifc of rcprckntativtb. The party had it not in their power to make a declaratory Afl of nflVmli'v, becaiife they knew that the Governor would not pal it : but they pafled the following declarator/ rcfulutions. " Mereurii, 3 dif Martii, yf. D. 1773. •* The houfe, according to order, entered into the con- fidcration of the report of the committee appointed to con- fider his Excellency's mcfTage relative to the falaries of the juftices of the fupcrior court; and thereupon the fol- lowing refolves were pafled : ** Whereas by an aft of the Britilh parliament, made " and pafTed in the fixth year of his prefcnt Mojefly's •« reign, it is declared. That the King, Lords and Com- " mons in parliament aflembled have, ever had, and of «« right ought to havjc, full power and authority to make «' laws and ftatutes of fuflicient force and validity, to 'f bind the colonies and people of America, fubjefts of *• the crown of Great Britain, in all cafes whatever ; and «• afterwards the fame parliament made and pafled an »ft " for levying duties in America, with the exprefs purpoft *• of raifing a revenue, and to enable his Majefty to ap- " propriate the fame for the ncceflary charges of the ad- •' miniflration of juflice, and the fupport of civil govcrn- " me4:t in fuch colonies where it (hall be judged neceflfary, " and towards further defraying the expcnces of defend- •' ing, protefting and fecuring fald dominions : and his " Majefty has been pleafed, by virtue of the fame lad " mentioned a&, to appropriate a part of the revenue tluis " raifed againft the confent of tlie people, in providing for " the fupport of the Governor of the province j and from " his Excellency's mefl'age of the 4th of February we can- «* not but conclude, that proyifion is made for the liipport "of [ 38 ] ♦« of the judges of the fuperior court of judicature, iiide- " pendent of the grants and acts of the general afTembly, ** contrary to the invariable ulage of this province : 1 here- •• fore, . "RESOLVED, That the admitting any authority »o make laws binding on the people of this province in all cafes whatfoever, faving the general court or affembly, is inconfiftent with the fpirit of our free conftitution, and is repugnant to one of the roofl eflfential claufes in our char- whereby the inhabitants arc entitled to all the libcr- ler. con- ties of free and natural born fubjefts, to all intents, ftruaions and purpofes whatfoever, as if they had been born within the realm of England. It reduces the people to the abfolute will and difpofal of a legiflature, in which they can have no voice, and who may make it their in- tereft to opprefs and enflave them. «* RESOLVED, That by the Royal Charter aforc' faid, *the General Court or AfTembly hath full power * and authority to impofe and levy proportionable *nd « reafonable aflTeffments, rates, and taxes, upon the eftates * and perfons of all and every the proprietors and inha^ « bitants of the province, to be iffued and difpofed of by « warrant, under the hand of the Governor, with the ad- * vice and confent of the Council, for his Majefty's fervice * in the ncceffary defence and fupport of the government * of the province, and the proteaion and prefcrvation of « the inhabitants there, according to fuch afts as are or * (hall be in force within the province.' And the mak- ing provifion for the fupport of the Governor and the Judges otherwife than by the grants and afts of the Ge- neral Court or Affembly, is a violent breach of the afore- faid moft important claufe in the charter : the fupport of government, in which their fupport is included, being one of the principal purpofes for which the claufe was in- ferted. *• Whereas kcature, iiide- iral aflembly, nee : 'Iherc- y authority »o irovince in all r aflembly, is itution, and is s in our char- j all the lib«r- i intents, con- hcy had been ces the people ure, in which •e it their in- Charter aforC' ith full power ortionable 4nd ipon the eftates tors and inha-* difpofed of by :, with the ad- [ajefty's fervice be government prefervation of ads as are or And the inak- irernor and the is of the Ge- h of the afore- the fupport of nduded, being ; claufe was in'' «• Whereas [ 29 ] " Whereas the independence as well as the uprightnefs of the Judges of the land is eflential to the impartial ad- miniftrationof juftice, and one of the beft fecurities of the rights, liberties, and properties of the people. "RESOLVED, therefore. That the making the judges of the land independent of the grants of the people, and altogether dependent on the crown, as they will be, if while they thus hold their commiflions during pleafure, they accept of falaries from the crown, is tinconftitutiorod and deftruaive of that fecurity, which every good mem- ber of civil fociety has a juft right to be affured of, under the due execution of the laws ; and is diredly the reverie of the conftitution and appointment of the Judges in Great Britain. "RESOLVED, That the dependence of the Judges of the land on the crown for their fupport, tends at all times, efpecially while they hold their commiflions during pleafure, to the fubverfion of juftice and equity, and to introduce oppreflion and defpotic power. "RESOLVED, as the opinion of this Houfe, That while the Juftices of the Superior Court hold their com- milTions during pleafure, any one of them who (hall ac- cept of, and depend upon the pleafure of the crown for his fupport, independent of the grants and a£b of the General Aflembly, will difcover to the worid, that he has not a due fenfe of * the importance of an impartial adminiftra- * tion of juftice, that he is an enemy to the conftitution, * and has it in his heart to promote the eftabliftiment of ' an arbitrary government in the province." Reader, After the perufal of thefe refolutions, what are MI the things faid of thefe men in Mr. Hutchinfon's letters, compared with what they here /ay of themfehes f Or what is there in his mentioning fome particular inftancea of their not paying a due obedience to the authority of Government mm leTr falS^^^ f-^- Thefe arc the men. Tbe neatly ahrmed at ihefe pnvate letters, and to be- Letl^at 'they had a natural and efficac.ous tendency to Tnterupt and alienate the affeaions of our Moft Gra- . tus Sovereign, K.g George the Jh.rd fronj . .s h.s Moyal and affeaionate province: to deftroy tha* "" . 2nv and good-will between Great-Britam and this T Thich every friend to either would wi(h to eftab- : fSlT^nd t ex^the refentment of the firit.ih Adm. • niftration aeainft this province, &c.' it thTtvery time, when they knew that they had been fivtgin hefJce of hisMajefty, fetting aas of parl.ament at d" fiance, and paff.ng the moft fedit.ous refolutio-s agamft tie tnity of .he Britiih nation, and the fupreme autho- ^,V J"he empire ; at that very time thefe tender-m.nded ^Ll are moft piteoufty concerned about ome pnva^ kuers left they (hould interrupt and alienate the affea ons c h (r Moft Gracious Sovereign King George the Th.rd Wtters which fet them in a light of Innoc^ce. compared with the mutind&'s and infolent portrait, which they have here drawn of themfelves. . v - After having in their public votes fpurned at the King . orders, affumed to themfclves the controul of his courts ot iuftice, and profcribed the King's judges as enemies to the conftitution, and promoters of arbitrary government, .1 Ihey obey the King's order, founded on an aa of parha- went, and receive the King's falaries, tuey can call them- fclves his moft loy.l and afleaionatc fubjea?. 1 ney irowal of the ) thefe refolu- lal men with, 1 thefe letters : whofe names B arc the men> their cenfures, ce of the mod efts, and aflfeft s, and to be- ous tendency to lur Moft Gra- I, from this his ilroy that har- ritain and this Id wi(h to eft*b- e 6riti{h Admi- it they had been Js of parliament efolutioHS againft fupremc autho- fe tender-minded >ut fome private ate the affe£lions eorge the Third : ocence, compared which they have ned at the King's III of his courts of I as enemies lo the y government, il an a£k of parlia- icy can call them- jefts. Thcv [ 4i ] They openly recite a folemn aft of the Britiih Icgifla- turc, and make a counter declaration of their own in di- rc£t oppofition to it } and then pifitcnd to be miglnily afraid, left thefe letters to Mr. Whately fliould deftroy ihc liarmony and good will between Great-Britain a^id the co- lony. But not content with profefling their great concern to preferve the good will of the Britifli nation, and to appear to his Majefty as his moft affeftionate fubje£ls, they are anxious even about the good opinion of his Minirters ; and are grievoufly concerned, left thefe letters fhould excite the rtfentment of the Britijb Admimjlratkn. Reader, thefe very men, Adams, Hancock, &c. who, in the form of a Committee of Correfpondence for the town of Bofton, have been inflaming all the towns in the province againft the King's government j who, in the form of a Committee of Aflembly, drew up thefe refolutions, and thefe cenfures ; thefe very men, in a meftage to the Governor, 12th February, I773> exprefs themfelves in the following terms : * We are more and more convinced, that it has ' been the defign of Adminiftration, totally to fubvert the ' conftitution, and to introduce arbitrary government into ♦ this province." Doubtlefs the King's fervants ought, every man of them, to join in advifing his Majefty to dif- mifs his Governor and Lieutenant-Governor, who could fuppofe any thing ill of men who ftood fo much in awe of their refentment ? There is one remark more, which cannot have efcaped the Reader. One of the chief paflages objefted to by thefe cenfurers, is that where Mr. Hutchinfon- fays : ' If ' no meafures (hall have been taken to fecure this depen- < dance, or nothing more than fome declaratory a£ts or • refolves, it is all over with us.' Can there poflibly be required a ftronger proof of the truth of this obfervation about the ineflicacv of our declaratory aft, than the coun- ter declaration w^ich we have now feen i yet, after hav- F ing >«w [ 42 ] ing themfelves verified the prediaion, they would have his Majcfty turn out his Governor for having foretold it. Reader, thtre are but loo many men to be found, who, after doing a bad thing, will be falfe enough to charge it upon others. There are alfo other inftances of men, who having done a wrong thing, will affeft to confider as the higheft affront, the being told that they have done it. But for men firft to do a thing, then to avow it, and publilh to the world that they have done it ; and after all this to cenfure it as a crime in their Governor to luppofe them capable of doing it: This is a degree of effrontery fuitedonly to the complexion of a Boftoii Committee-man. THERE ^re a tew other remarks which it may be of ufe to make ujion thefe letters. The only exceptionable expreflion in Mr. Hutchinfon*$ letters, is that in which he lays : there tmfi he an abridge- ment of what are called Engltjb Liberties. And this appears fo, only from our not being apprized of the meaning of it. An Englifli reader naturally concludes, that by Englijb Li- bertiet, is meant our being governed, not by arbitrary will but only by a£ts of parliament. In the Bofton new dialed the import of this phrafe is juft the contrary ; and what they call Englijb Liberties, is the not being governed by a6ls of parliament. The reader need only look into their votes and public proceedings, to be convinced that this is the true and avowed fenfc in which they underftand it. In the Charter of the Maffachufet's colony. King William, in the words of their old Charter, fays : • And farther our « will and pleafure is, and we do hereby for us, our heirs, * and fucceflbrs grant, eftablifh and ordain, that all and * every of the fubjeSs of us, our heirs and fucceffors, ' which Ihall go to and inhabit within our faid pro- ' vince and territory, and every of their children, wliich ' fhall happen to be born there, or on the feas in go- * ir.g thither, or reluming from thence, fliall have and * enjoy * e 'jt • f< 'fc « tl rei{ met eve in i not and I la mei the put fay; Tent off ben any goo owr mac lane habi li(h felv« to C( A ing mak then ftam well givii of il would have ; foretold it. found, who, \ to charge it af men, who mfider as the done it. But publifti to the his to cenfure m capable of ;d only to the it may be of Hutchinfon's be an abridge id this appears meaning of it. by Engli/b Li- arbitrary will tn new dialed ry ; and what governed by ook into their :d that this is underftand it. Cing William, nd farther our us, our heirs, that all and ind fucceflbrs, >ur faid pro- lildren, wliich e feas in go- tall have and « enjoy I 43 ] * enjoy all liberties and immunities of free and natural fub- ' jefts, within any of the dominimt of us, our heirs andfuc- * ccjforst to !til intents, con(lru£liuns, and purpofes wliat- • foever, as if they and every of them were born wilhiii • this our realm of England.' Fiom King William's reign to this, no one ever had the lead doubt about the meaning of this claufe; and the New Englanders have ever enjoyed the full benefit of it, by their being treated in all parts of the King's dominions, wherever they came not as aliens, but asdenifons, and enjoying all the liberties and immunities of free and natural born fubjeds. This I lay has invariably hitherto been underftood to be the meaning of this paragraph. But within thefe few years* the leaders of the faction at Boilon have been inftrufted to put a quite new interpretation upon thefe words, and to fay : The people of England have a right to chufe repre- fcntatives for themfetves, and are governed only by afts of parliament } the charter lays, that we (hall enjoy all li- berties and immunities of free and natural fubjeds within any of the King's dominions ; therefore we too have as good a right, as the people of England have, to choofe our own reprefentatives, and to be governed only by the laws made by our own aflembly ; and the parliament of Eng- land have nothing to do with us. We, as well as the in- habitants of England, by our charter are entitled to Eng- li(h liberties, and therefore we will make laws for our- felves; and no legiflature of Great-Britain has any right to control! us. A fubordinate power of legiflation, for the well order- ing the feveral provinces and corporations, and for the makng laws for their own good government among themfelves, that is a power which we can well under- ftand; and accordingly in the Maffachufets charter, as well as in mod other charters, there is an exprefs claufe, giving them this legiflative power, and limiting the extent of it J that its laws fhall not be repugnant or contrary F2 to ■^ tmm mmantlm "mm- • ■) [ 44 J to the laws of the realm, or as the next paragraph fays, repugnant to the laws and ftatutes of this our realm. But thcfc Boftoners pafling over this, and all the other claufes in their charter, which provide for their welfare and good government, while they continue in the province, have moft unfortunately chofen to build their high claim of independence upon that fingle claufe which grants them nothing while they are in the province, but only provides for their good reception in all parts of the King^s dminions when they go out of it. Inoppofition to this wild and futile claim of independence, Mr. Hutchinfon i.ififts, ' that from King William's days « to thele, the oldeft man living never heard of this inter- « pretation. That never before thefe days was a doubt made * of the fupreme authority of parliament over every part of * the empire. That in every government there mull be « fomewhere a fupreme uncontroulable power, an abfolutc < authority to decide and determine. That two fuch pow- « ers cannot co-exift, but necefTarily will make two dif- « tinft dates.' Whether it be right or not, that the empire (hould be fplit into a number of feparate and independent govern- ments, which (hall each of them be at liberty to take their own courfe, and make laws according to their own likmg, without being fubjed to any controul from »hat fupreme legiflature, which has hitherto been thought to have the care ot the whole, and whofe 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 juftifiable procedure tofofter and encou- rage this froward humour in the Colonifts, and to fupport them in thefe pretenfions of independence, till we have iiurfed up their difcontents into mutiny and rebellion : whether, I fay, it be a juftifiable thing to do this, for the fingle purpofe of diftrcfling or overfetting a miniftry, that I leave to the difcretion of our party leaders. All Mtiiitii ext paragraph s of this our ' thiS} and all :h provide for : they continue :hofen to build lat fingle claufe in the province, t all parts of the if independence, William's days rd of this inter- as a doubt made er every part of t there mull be iver, an abfolutc [ two fuch pow- make two dif- mpire fliould be pendent govern- ;rty to take their :heir own liking, om «hat fuprcme ght to have the :e that no pjirt of argument which authority, ofter and encou- , and to fupport ce, till we have ■ and rebellion : 3 do this, for the ; a miniftry, that ;rs. All [ 45 1 All that I ave to obferve is this : that if by nglifli liberties and in.:nunities be meant a right given to a fet of fubjeas, wherever they go, to ereft a legiflature of ihclr own; 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 been expelled for attempting to fiifpend a very Jew A£ts of parliament, it can be fuppofed, that King William meant to aflume a power to fufpend tiiem alJ; we may then allow, that the people of Bofton have a right to vote ihefe to be Englifli liberties. But if the Britifh empire be but one empire, and wc do not wifh to fee it crumbled to pieces, and break it into as many feparate governments, as are the provinces, coun- ties, and corporations contained in it : we muft then be convinced, that a grant of Englifli liberties, and immuni- ties does not mean a right given to every province or cor- poration of the empire, to feparate itfelf from the reft of the Britifli dominions, and to form to itfelf a legiflature of of its own, which (hall be uncontroulablc by parliament : Or, if the people of Maflachufets bay will perfift in the ufc of this phrafe ; and will fay, that this ought to be called Engttfli liberties ; we muft then fay, as Mr. Hutch- infon does, that the Britifh empire is but one, and that to prcfervc that unity, there muft be an abridgement of vvhat are (thus abfurdl)) cMcd En^lijb liberties. To iii |^ i .lj | j lg j i ;jjllj .. rrr" [ 46 ] To the Right Hon. the Earl of Dartmouth. \\ (Copy) My Lord, London AugHJl^ 21, 1773. I have juft receivcJ from the houfe of reprel'entativcsof the Malfachufett's bay, their addrefs to the King, which I now enclofe, and fend to your lordfhip with my humble requeft m their behalf, that you would be pleafed to prefent it to his MajeAy the firft convenient opportunity. I have the pleafure of hearing from that province by my late letters, that a fmcere difpofition prevails in the people there to be on good terms with the mother country ; that the aiTembly have declared their defire only to be put 11:^0 the fituation they were in before the flamp-ad ; they i^m at no novelties. And it is faid, that having lately difco#er- cd, as they think, the authors of their grievances tobe^me of their own people, their rcfcntment againft Brit|in is thence much abated. This good difpofition of their's (will your lordfhij^ per- mit me to fay) may be cultivated by a favourable infwer to this addrefs* which I therefore hope your goodi^fs will endeavour to obtain. i With the greateft refped, I have the honour tu be, my Lord, &< B. FRAN5KLIN. Agent for the Houje of Reprifentatives. mmiw^g^/fmi^w^m TMOUTrt P^''~ urable anfwer goodoefs will J" V NIK L I N. '.eprtftntatives. [ 47 ] To the Clerk of th« Council in waiting. (COPY) S 1 R» Whitehall^ Dec. 3, 1 773. , 'T^H E Agent for the houfe of Reprefentatives of the * J. province of the Maflachufett's bay, having delivered to Lord Dartmouth an addrefs of that houfe to the King, figned by their Speaker, complaining of the condud of the Governor and Lieutenant Governor of that province, in ref- ped to certain private letters written by them to their corref- pondentsin England, and praying that they may be removed from their ports in that Government ; hisLordfliip hath pre- fented the (aid addrefs to his Majefty ; and hisMajefty hav- ing fignified his pleafure, that the faid addrefs (hould be laid before his Majefty in hisPrivy Council, I am direSed by Lord Dartmouth to tranfmit the fame accordingly, together with a copy of the agent's letter to his Lordfliip accompanying the (aid addrefs. I am. Sir, Your mo(l obedient humble Servant, / (Signed) , J. POWNALL. I 'm >» m [ 48 ] To the KIN G's Moft Excellent Majcfty. Mo/I Gracious Sovereign, TTT TE yourMajefty'sloval fubjca$, the Reprefentative* VV of yo«r ancient colony of the Maffachufetfs bay, in general court legally affembled, by virtue of your Majel- «y*8 writ under the hand and feal of the Governor, beg leave to lay this our humble petition before your Majefty. Nothing but a fenfeof the duty we owe to our fove- reign, and the obligation we are under to confult the peace and fafety of the Province, could induce us to remonnratc to your Majefty the mal-condua of perfons w^o Aave here- tofore had the confidence and efieem of this people, and whom your Miijefiy has beenplea/ed, from the purejl motives oj ren- dering your fubje^s happy, to advance to the higheft places of trull and authority in the Province. Your Majefty's humble petitioners, with the dcepefl concern and anxiety, have feen the difcords and animofi- ties which have too long fubfifted between your fubjeas of the parent ftate and thofe of the American colonics. And we have trembled with apprehcnfions that the confequenccs naturally arifing therefrom, would at length prove fatal to both Countries. », • ^n .1 „, Permit us humbly to fuggeft to your Majefty, that your fubjeas here have been inclined to believe, that the grievances which they have fuftered, and ftill continue to fufFer, have been occafioned by your Majefty's Mmifters and principal Servants being unfortunately for us, mifm- formed in certain faas of very interefting importance to us. It is for this reafon that former affemblies have from time to time prepared a true ftate of faas to be laid before your Majefty, but their humble Remonftrances and Petitions it isprefumed, have by fome means been prevented from reaching your royal hand. , . . . r Your Majefty's petitioners have very lately had before ihem certain papers from which they humbly conceive, u iiM Ill in 1 1 1 Majedy. [eprerentativet ichufett's bay, >f your Majel- nor, beg leave lajefty. ve to our fove- infttlt the peace to remonftratc wAo have htrc- ipUt and whom motives of ren- higheft places ith the dcepeft « and animofi- yrour fubje£ts of culonicf. And tie confequences h prove fatal to r Majefty, that o believe, that id ftill continue jefty's Minifteis tor us, mifin- g importance to iblies have from be laid before ces and Petitions 1 prevented from lately had before (iblv conceive, it r 49 ] it moft rcafonable to fnppofc, that there hai long been a con- fpiracy of evil men in this province, whu Ti^vc contempla- ted meafures and formed a plan to advance themfeivcs to power and raife their own fortunes by means dellruftiveof the chiirter of the province, at the expence of the quiet of tlic nation, and Fo the annihilating of the rights and liberties of the American colonies. ' And we do with all fiue fubmiflTion to your Majedy beg leave particularly to complain of the conduft of his Ex- cellency Thomas Hutchinfon L'fquire Governor, and the Honourable Andrew Oliver Efquirc Lieutenant Governor of this your Majefty's province, as having a natural^and efficacious tend-.pcy to interrupt and alienate the aifedions of your Majefty our Rightful Sovereign from this your* Loyal Province, ,'o dcftroy that harmony and good will between Great-Britain and this colony, which every ho- ned fubjeft would ftrive to eftablifh, to excite the refent- ment of the Britiih Adminiftratton againft this province, to defeat the endeavours of our agents and friends to ferve us by a fair reprefentation of our ftate of faSs, to prevent our humble and repeated petitions from reaching the ear of Your Majefty, or having their defired efFe£t. And fin:»lly, that the faid Thomas Hutchinfon and Andrew Oli- ver .'lave been among the chief inftruments in introducing a fleet and an army into this province, to eftablifti and per- petuate their plans, whereby they have been not only greatly inftrumental of difturbing the peace and harmony of the Government, and caufing unnatural and hateful difcords and animofitics between the feveral parts of your Ma- jefty's extenfivc dominions, but are juftly chargeable with all that corruption of morals and all that confufion, mifcry, and blooodfhed, which have been the natural efFefts of pofting an army in a populous town. Wherefore wemoft humbly pray that your Majefty would be pleafed to remove from their pofts in this Govern- ment the faid Thomas Hutchinfon Efquire and Andrew O Olivei mmm i -iiimn p i ' " ! ,J JU [ 50 ] Oliver Ffquire. who have by their above-mentioned con- ,|«a and o//irrwiy> rendered themfelvei juftly obnoxious to your loving rubjefts, and entirely loft iheir confidence; And place fuch good and faithful men in their ftead as your Majefty in your great wifdom ftiall think fit r •' In the name und by order of tlic Houle of Rcprelcntativc;., THO. CUbHING, Speaker. TO "»*" •mentioned con- ly obnoxious to leir conhdcnce: I their Head a« link fit of tl)c Houie of CUbHING, Speaker. TO [ 51 ] T O T H E LORDS COMMITTEE o p His Majesty's PRIVY COUNCIL, FOR PLANTATION AFFAIRS. The PETITION of ISRAEL MAUDUIT, Humbly (heweth unto your Lordships, THAT having been informed that an Addrefs in the name of the Houfe of Reprefentatives of His Ma- jcdy's Colony of MafTachufett's Bay, has been prefented to His Majefly, by Benjamin Franklin, Efq; praying the removal of His Majefty's Governor and Lieutenant Go- vcrnorf which is appointed to be taken into confideration on Tuefday next : your Petitioner, on the behalf of the faid Governor and Lieutenant Governor, humbly prays, that he may be heard by counfel in relation to the fame, before your Lordfhips (hall make » .^ report on the faid Addrefs. ISRAEL MAUDUIT. Clement Lane, >«. 3» W74- ^- ;*■ To the Printer of the Public Advertiser. SIR, FINDING that two gentlemen have been unfortunate- ly engaged in a duel, about^a tranfaftioit and its cir- cumftances, of which both of them are totally ignorant nnd innocent, I think it incumbent on me to declare (for G 2 the f*** [ 52 ] ihe prevention of farther mifchief, as far as fuch a declara- tion may contribute to prevent it) that I alone am the per- fon who obtained and tranfmitted to Bo(lon the letters in queftion.— Mr. W. could not communicate them, becaufe they were never in his poffeflion ; and for the fame rea- fon, they could not be taken from him by Mr. T.-They were not of the nature of ♦' privatt htUn befiveenfnend,: They were written by pubUc officers to perfons in pub he ftation, on public affairs, and intended to procure pubic meafures; they were therefore handed to other public perfons who might be influenced by them to produce thofe meafures: Their tendency was to incenfe the mother country againft her colonies, and, by the fteps recom- mended, to widen the breach, which they cffefted. The chief caution cxprcffed with regard to privacy, was, to keep their contents from the Colony Agents, who the writers apprehended might renrn thfem, or copies of them, to America. That apprehenfion was, it fcems, well found- ed- for the firft Agent who laid his hands on them thought it his duty to tranfmit them to his Conftituents. . ,,,. B. FRANKLIN, . v Agent for the Ihufe of Reprefen- tatives of the Majfachufetts-Bay. i.ilS Craven-ftreet, Dec. 25. 1773' r'stUv. ' •I- rf .',: i |-|i \m' '-'^'''-■«=^ lillrtiliifiMii'iii'r' """ mi ' ^%">»m\ ' i' ' uch a declara- le am the per- the letters in them, becaufe the fame rea- Ar. T.— They ftueen friends ;'' rfons in public procure public o other public > produce thofe fe the mother e fteps recom- cffefted. The ivacy, was, to who the writers es of them, to ns, well found- hands on them i^onftituents. RANKLIN, aufe »f Reprefen- 'aJfacAufitts-Bay. PROCEEDINGS ON THE ADDRESS O F T H E ASSEMBLY O F MASSACHUSETTS BAY, TO REMOVE HIS MAJESTY'S GOVERNOR AND LIEUTENANT GOVERNOR. vi »'w ►-,■ ^ a r <-' .:,:, :1 M 41 ? S lf"T * <•' a e A -■i ct- I. ?* -r T T '-J ? '" f- '"■» -. ? ^ ii, . iA ^ a V 'f. :i c) ti ^ ^= V a t> a ' : • ? f M a v: .Hovi^avo '"**>MiM^i.*tl«lftl— Hil.W t 55 ] At the Council Chamber Jan. 4. 1774. Present, Lord Prefidem, the Secretaries of State and n.-iny other Lords. Dr. Franklin, and Mr. Boll an, Mr. Mauduit and Mr. Weddekburn. Dr. Franklin's letter, and the addrefh, Mr. Pownal's letter and Mr. Mauduit's Petition, were read. Mr. Wedderburn. The addrefs mentions certain papers. I would wifli to be informed what are thofe papers. Dr. Franklin. They are the letters of Mr. Hutchinfon and Mr. Oliver. Court- Have you brought them f Dr. Franklin. . 'o hut here are attefted copies. Court. Do you not mean to found a charge upon them ? if you do, you muft produce the letters. Dr. Franklin, Thefe copies are attefted by feveral Gentlemen at Bofton and a Notary Public. Mr. fVedderhurn. My Lords, we fliall not take advantage of any imperfec- tion in the proof. We admit that the letters are Mr. Hutchinfon's and Mr. Oliver's hand writing: referving to ourfelves the right of inquiring how they were obtained. Dr. wmm [ 56 ] . . Dr. Franklin . ,,,^^.> n,^? -A I d\A not cxpea Ihat council would have been employed on thU occafion. V I Court. Had you not notice fent you of Mr. Mauduit's having petitioned lo be heard by Council on behalt ot the Gover- nor and Lieutenant Governor ? Dr. Franklin. I did receive fuch notice, but I thought that this had been a maitcr of politics and not of law, and have not brought any Council. • - - • - Court. ■ Where a charge is brought, the parties have a right to be heard by council or not as they chufe. Mr.Mauduit. My Lords, I am not a native of that country, as thefc Gentlemen are. I well know Dr. Franklin's great abilities and wi(h to put the defence of my friends more upon a pa- fity with the attack; he will not therefore wonder that I chufe to appear before your Lordfhips with the affiftance of Council. My friends in their letters to me, have defired (if any proceedings, as they fay, (hould be had upon this ' addrefs) that they may have a hearing in their own juftih- cation, that their innocence may be fully cleared, and .heir honour vindicated; and have made prov.f.on accord- ingly. I do not think my felf at liberty therefore to give up the affiftance of my council, in defending them againft this unjuft accufation. Court. Dr. Franklin may have the afTiftancc of council, or go on without it, as lie (hall chufe. ^^ ••rirr'-'TWtii )^''-mf'^mmimM'^m'\ m t m mf^w m m » « .m mmm^fmmmifm The Subftance of that Part of Mr. W E D D E R- BURN'sSPEECH, which related to the obtaining and fending away Mr. WHATELY's LETTERS. COUNSEL for the ASSEMBLY, Mr. DUNNING. Mr. JOHN LEE COUNSEL for the GOVERNOR and LIEUTENANT GOVERNOR, Mr. WEDDERBURN, H 2 wMHii : ; « 'i:- j:i 'Aii i&X J.i.--;,d/i »^ • « • 1 ♦ ♦ • hiftory of this it has been the currences, and )n every occa- ie to confider learned friends mbly'saddrefs; id the cenfures ivat of his Ma- they now tell —There is no ! no prooft. — Governor are a be difmifTed, who complain f a proceeding : that, I confefs according L 65 ] according to the Roman poet's report, is a cafe in point. Nunquain, ft quid mihi credis amavi Hunc hoininem.— Scdquocccidit fub criinine?— (^.fiuiii Delator— Quibui Indicibui ?_Qi,o Tcrtc probavit— Nil horum— Verbofa & grandis epiftola vcnit A Caprcis— Bene habct : nil plus interrogo. MyLords, The only purport of this important addrefs is, that the Governor and Lieutenant Governor have loft the rnnfidi-nce of thc people, upop account of fome papers, which they have voted to be unfriendly to them, and tiat they have been amongft the chief infiruments in introducing u fiett and army into the province. —Your Lord(hips have heard the letters read, and are the beft judges of their tendency. I can appeal to yonr Lordlhips, that it was not thefe letters but their own ill-condud, which made it neceffary to or- der the four regiments. In point of time it was impoflibic, Jor in Mr. Hutchinfon's very firft letter, it appears, that they had an expeaation of troops. And they arrived in three months after. I could appeal too to their own know- ledge : for the printed colledion of Sir Francis Bernard', and General Gage's &c. letters were before them, which indifputably ftew the dired contrary. But as my learned friends have not attempted to point out the demerits of thefe letters, I need not enter into thc defence of them. To call them only innocent letters would be greatly to depreciate them. They contain the ttroneeft proofs of Mr. Hutchinfon's good fenfe, his great ^oderati- on, and hts fincere regard to the welfare of that his native province. Yet, for thefe it is, tlm they tell us he has loft the confidence of the people. My Lords, there cannot be a more ftriking inftance of the force of truth, than what the Committee, who drew up thefe papers, exemplify in their condua. In their fecond refolution they acknowledge the high charafter, in which Mr. Hutchinfon ftands upon account of his eminent ahilitiet. In thc very outfet of their addrefs they acknowledge the wmammimm ■■M [ 64 ] the good ufe which he had made of thofe .bHitiw : for he could not have enjoyed their confidence, as they lay he heretofore did, .f he had made a had one. They atknow- IcdKC that this confidence fubf.rttd, at lead liU the time of hi» being made Governor. Fife they could not expreh their thankfulncfs to his Majefty as they do, and applaud the aprointment of him, a, proceeding from the pureft mlives of rendering hit /i-hfe/tj happy. . »^ liyi, H..» In the heighth of their ill will therefore to Mr. HuN chi.ifon, trnth looks his enemies full in the face, and ex- torts from them a confeflion of his merit, even in the very aft ofaccufinghim. .... »«• u 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 con- fidence, to the very time of the arrival of thefe letters. Every one knows that there arc few fubjeds, in which the people of the colonici have more eagerly mtereftcd then.iclves, than in fettling the boundary lines between the fcveral provinces. Some of your Lordfhips may re- ' member the long hearings which have been held at this • board upon thefe difputes. Of late, they have taken upon thrwfvh^s to fix the limits of the King's charters. An agreement was made between the two AlTemblies of New York and MalTachufeti's Bay, that they (hould each ap- point their Commiffaries 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 purpofe. But the people of MaffachofLtt's Bay. after they had cho- fen their commiffaries, ftill thought that they could more fecurely truft their interefts in their hands, if Mr. Hutch- infon would go along with the r . To him they had been ufed to look, as the man, who beft knew the hiftory of their (irfl fettlements ; him they confidered as the ablett defender of the province's rights : and had ever found in him the moft zealous aflfeaion for their welfare. IM parly iiiin I iiiiinr* mmp I'tties : for he i they lay he rhey atknow- lill the time of (t not exprels >, and applaud t f>ureft motivet re to Mr. Hut- I face, and cx- ven in the very I the AfTembly I will now give e people's con- hefc letters, lefts, in which gefly intereftcd ' lines between rdrtiips may re- l)een held at this have taken upon 's charters. An mblies of New flioiild each ap- tlc the boundary them no doubt r that purpofe. er they had cho- they could more I, if Mr. Hutch- n they had been :w the hiftory of ;red as the ableft lad ever found in r welfare. The parly [ 65 ] party leaders perhaps might have been content to lofe to the province any number of acres or a few townfhips, ra- ther tnan owe to Mr. Hutchinfon the prefervation of them. But they did not dare to fet their faces againft the general fenlc of the people. The Governor was therefore requeued to go with the commifTaries. He did fo, and fettled for them a much better line, than they had ever ex- pedcd. And the New York and their own commifTarics both of them acknowledged, 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 charafter (lands fair and unimpeached. Whatever therefore be the foundation of ' this Addrefs for his removal, it muft be fomething done by him, or known of him flnce his return from this fervice juft before the arrival of thefe letters. Your I ordfhips will obferve, that his enemies don't attempt to point out a fingle aftion, during the four years in which he hat been Governor, as a fubjeft of complaint. The whole of ih is addrefs reds upon the foundation of thefe letters, written before the time, when either of thefe Gentlemen were pof- fefled of the offices, from which the afTembly now afk their removal. They owe therefore all the ill will which has been raifed againft them, and the lofs of that confidence, which the aflfembly themfelves acknowledge they had here- tofore injoyed, to Dr. Franklin's good office in fending back thefe letters to Bofton. Dr. Franklin therefore ftands in the light of the firft mover and prime conduftor of this whole contrivance againft his Majefty's two Governors; and having by the help of his own fpecial confidents and party leaders, firft made the alFembly its Agents in carry- ing on his own fecret defigns, he now appears before your Lordftiips to give the finifhing ftroke to the work of his own hands. How thefe letters came intO'the4>o{r(e{rion of any one but the right owners, is ftill a myftery for Dr^r ;?rklin to ex- I . plaitr ''•"..•. 'rfc.: Mlll^ [ 66 3 plain.— They who know the affeftionate tegird which the Whatelys had for each other, and the tender concern they felt for the honour of their brother's rtiemory, as well as their own, can witnel's the diftrelTes which this occafioned. My Lords, the late Mr. Whately was moft fcrupuloufly cautious about his letters. We lived for many years in the ftrifteft intimacy ; and in all thofe years I never faw a fin- gle letter written to him. Thefe letters I believe were in his cuftody at his death. And I as firmly believfe, that with- out 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 the lofs of him. Called upon by their correfpondents at Buftoit ; anxious for vindicating their brother's honour and their own, thiey en- quired ; gave to the jparties aggrieved all the infoririation in their power ; but never accufed. Your Lordlhips know the train of mifchiefs which fol- lowed. — But wherein had ray late worthy friend or his family offended Dr. franklin, that he (hould firft do fo great an injury to the memory of the dead brother, by fe- creting and fending away his letters : and then, confcious of what he had done, ftiould keep himfelf concealed, till he had nearly, very nearly occafioned the murder of the o- ther. After the mifchiefs of this concealment had been left for five months to have their full opieration, at length comes out a letter, which it is impofllble to read without horror ; expreflive of the cooleft and moft delibrate malevolence. — My Lords, what poetic fidion only had penned for the breafi of a cruel African, Dr. Franklin has realized and tranfcribed from his own. His too is the language of a Zanga. *• Know then 'twas- -I, " I forg'd the letter — I difpos*d the pifilurc— «' I hated, I delpis'd, and I deftroy." What iiuj;iPW»*"OTPl«-'f!^ ."lUiBii. n^apli rd which the concern they y, as well as is occafioned. : fcrupuloufly f years in the i^cr faw a fin- lieve were in ve, that with- ■ the cuftody His brothers le lofs of him. ; anxious i'or own, thiey en- : infoririation fs which fol- friend or his luld firit do fo rother, by fe- en, confcious :onceated, till irder of the o- 1 been left for length conies thout horror ; lalevolence. — nned for the i realized and language of a What [ 67 ] What arc the motives he afligns for this conduO:, 1 fliult now more deliberately confider. My Lords, if there be any thing held facred in the inter- courfe of mankind, it is their private letters of fricndihip — < If there can be any fuch private letters, thqfe which pafled between the late Mr. Whately and Mr. Oliver are fuch— The friendihip between the two families is of thirty years (landing — during all that time there has been kept iip an intercourfe of letters ; firft with Mr. Whately, the father, and then witli the late Mr. Thomas Whately the fon In the courfe of this friendfliip, a variety of good offices have pafferl between the two families ; one of thele fell ;.»'ith- in the period of thefe letters — Upon Mr. Oliver's daugh- ter's coming to England with her Hufband upon bufinefs, they were received at Nonfuch by Mrs. Whately and her fons, as the fon and daughter of their old friend and corref- pondent — And accordingly your Lordfliips will find, that one part of thefe letters is to return thanks for the civilities (hewn to Mr. and Mrs. Spooner at Nonfuch. Thefe are the letters which Dr. Franklin treats as public letters, r.nd has thought proper to fecrct them for his own privute purpofe. How he got at them or in whofe hands they were at the time of Mr. Whately's death, the Doftor has not yet thought proper to tdl us. Till he do, he wit* tingly leaves the world at liberty to conje£lure about them as they pleafe, and to reafon upon thofe conjedures. — 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 not but know this, and that no one had a right to difpofe of them but they only — Other receivers of goods di(honourably come by, may plead as a pretence for keeping them, that they don't know who are the proprie- tors : In this cafe there was not the common excufe of ig- norance ; the Doftor knew whofe they were, and yet did not reftore them to the right owner — This property is as - 1 2 facred [ 6S ] facred and as precious to gentlemen of integrity, as their fa- mily plate or jewels are. And no man, who knows the ■ "Whately's, will doubt, but that they would much fooner have cholen, that any perfonlhould 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 fent them away to Bo- flon to gratify an enemy's malice. The reafons afligned for this, are as extraordinary as the tranfaaionitlelfis: They are public letters, to public per- fons, on pubUc affairs, and intended to produce public mea- fures. This, my Lords, is the firft ; and the next reafon afligned for pubUfhing them is, becaufe the writers defire that the contents of them (hould be kept lecret. If thefe are public letters, 1 know not what can be rec- koned private. If a letter whofe firft bufinefs is to return thanks to an old lady of feventy, for her civilities at Non- fuch, be not a private letter, it will be neceffary that every man (hould be particularly careful of his papers; for after this, there never can be wanting a pretence for making them public *. . . . n n/c But fays the Dodor, ''They were written bypubUc Offi- «r/."-Can then a map in a public ftation have no private friends? and write no private letters ? Will Dr Franklin avow the principle, that he has a right to make all private • letters of your Lordfhips his own, and to apply them to fuch ufes as will beft anfwer the purpofes of party male- volence? Whatever may have been the confidence here- toforc placed in him, fuch a declaration will not furely con- tribute to increafe it. • The reader will be pleafed to obferve, that the queftion here is not whether they be good letters or bad ones; but whe- ther they are public letters or private. ^^^ nits ■i t Pjm wii y g tj^H wf t *.i. -i> y, as their fa- o knows the much fooner en their plate, that he Ihould Keir brother's n away to Bo- ordinary as the to public per- ce public mea- the next reafon ' writers defirc ret. :iat can be rec- lefs is to return vilities at Non- Pfary that every ipers ; for after, mce for making w by public Offi' have no private ill Dr. Franklin make all private apply them to of party male- confidence here- 11 not furely con- that the queftion id ones; but whe- But [ 69 ] But they wfrc •.written to perfons in public flat ions. Juft the contrary itjs appears to have been the cafe : Dr. Franklin is too well acquainted with our hiftory, not to know, that Mr. Whately during both thefe years, and for two years before and after, waii only a private member of parliament ; and as Mr. Oliver juftly obferves in a letter of his. They at Boflon could not be fuppofed to apply to him as having an interefl with the Minifters, -when they knew that he was all that time -voting in oppofition to them. Does then the DoSor mean, that his being a member of parliament placed him in a public ftation ?— And will he then avow, that a gentleman's being in parliament is ground fufficient for him to make his letters lawful plunder and to fend them to his enemies ? But they were written on public affairs. A very grievous ofFence ! But it is a crime, of which probably we all of us have been guilty, and ought not furely, for that only, to forfeit the common rights of humanity. But they were intended n$ procure public meafures. And does not every man, who writes in confidence to his friend upon political fubjeds, lament any thing which he thinks to be wrong, and wifli to have it amended? And is this the crime of fo heinous a nature, as to put Mr. Whately's friends out of the common proteftion ? and to give to Dr. Franklin a right to hang them up to party rage, and to ex- pofe them, for what he knew, to the danger of having their houfes a fecond time pull'd down by popular fury. But the writers of them defired fecrecy. — True, they did fo. And Whatman is there, who, wiien he is writing in confidence, does not wifli for the fame thing ? does not eve- ry man fay things to a friend, which he would not chufe to have publiftied to other people, and much lefs to his e- nemies ? Would letters of friendftiip, be letters of friendlhip if they contained nothing but fuch indifferent things as might be faid to all the world ? If [ 70 ] If this is the cafe at all times with the confidential inter- coMrfe of friends, in times of party violence, there muft l»e a ihoufand things faid in letters, which, though inno- cent in themfelves, either by rival malice or party preju- dice, may be turned to a very difFerent conflruaion. Thefe letters themfelves have been diftorted in this manner ; and feme exprefllons in them cannot poflibly be underftood, without knowing the correfpondent letters, to which they refer. And when a faaious party had got poffefficn of the town meetings, and led the aflfembly into what refolu- tions they pleafed, and were watching for [any pretence to abufe and infult their Governors, is it at all to be wonder- ed that they did not wifh to have the contents of their let- ters told to their enemies ? When wc read in thefe letters fuch paffages as thefe : •* If there be no neceflity for it, I think it would be befl " it fhould 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 1 have wrote nothing but what, in my con- «« fcience, I think an American may, upon juft principles, «• advance, and what a fervant of the crown ought, upon " all proper occafions, to fuggeft j yet the many preju- «* dices I have to combat with, may render it unfit it «« Oiould be made public." Or this of Mr. Hutchinfon's : «« 1 muft beg the favour of you to keep fecret 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 *' emiflfaries in London, have fent them every report or *' rumour of the contentj of letters wrote from hence. I " hope we fhall fee better times both here and in Eng- «« land." Or this again of Mr. Oliver's : " / Aave wrote ** with freedom; I conftder I am writing to a friend -y and " that I am perfealy fafe in opening my f elf to you." Upon reading thefe paffages, which are all of this kind, a man, whofe heart was caft in the commpn mould of humanity, would \*otl obta ihou itJifc ilitWi**' ;ntial inter- there tnuft iiough inno- jarty preju- tion. Thefe tanner; and underftood, which they lofleflicn of what refolu- pretcnce to » be wonder- i of their let- zs as thefe: brould be bed gence comes freedom, in the occafion. , in my con- ft principles, ought, upon many preju- r it unfit it lutchinfon's : :t every thing ate, for the brne of their 2ry report or jm hence. I and in Eng- ■ / fiave wrote t friend ; and you" Upon kind, a man, )f humanity, would [ 71 J Nfotild hzn bUh apt to fay : Thefe are letters irregularly obtained : The writers defire that every thing they writt Ihould be kept fecret : they belong to Mr. Whately, who never injured me: I will therefore return them to the right owner. Dr. Franklin's rtafoning is of a very diffe- rent caft. After having juft before told us : Thefe are public letters, fent to public perfons, defigned for public purpofes, and therefore I have a right to betray them; he now fays, thefe are letters which the writers defire may be kept fecret, and therefore I will fend them to theif ene- mies. Prepared on both f.des for his rival's ovefthrow, he makes that an argument for doing him hurt, which any other man wduld confider as a principal aggcevation of the injuftice of it. But, if the defiring fccrecy be the proof, and the mea- fure of guih, what then are we to think of Dr. Franklin's cafe ? wfaofe whole condud in this affair has bfeen fecret and myfterious ? and who, thtough the whole courfe of it, has difcovered the utmoft folicitiide to keep it (o ? My Lords, my accounts fay, that when thefe letters were fent over to Bofton, fo very defirous was Dr. Franklin of fe- crccy, that he did not chufe to fet his name to the letter which accort'panied them. This anonymous letter er- prefsly ordered, that it Ihould be Jlhewn to none but to a junto of fix perfons. If the Doftor chufe it, I will name the fix. The dire£tion of every letter was erafed, and ftria orders were given, that they (hould be carefully re- turned again to London. The manner in which they were brought into the Affembly, all fhewed the moll ear- ned defire of concealment. Under thefe myfterious cir- cumftances have the Affembly paffed their cenfures ; and voted this Addtefs to his Majefty againft Mr. Hutchinfoa and Mr. Oliver upon account of a parcel of letters direct- ed to fomc-body, they know not whom j and fent from fome-body they know not where. And Dr. Franklin ih>w appears before your Lordfhips, wrapt up in impenetrable fccrecv, ••MeesBfiuua ■MM [72 3 fecrecy, to fupport a charge againft his Majefty's Cover- lor and Lieutenant Governor ; and expefts that you. Lord(h.ps (hould advife the puniihing them, «?<"» """"^ of certain letters, which he will not produce, and which he ^« not tell how he obtained. B^I the Dodor fays, *. tr.nfn,iUed ihm /. hs c^JlUu^ '"That Doaor Franklin fent thefe letters to fuch perfons as he thought woMld in fome way or other brmg then, .nto L Affembly. may be true, and accordingly, after an Ir.^ o t-e dreadful difcovery. thefe letters were pro- duced by one f.ngle perfon, pretending to be under an m- funaion °o obfefve the ftrideft fecrecy, and to fuffer no iopfes to be taken of them.--After allowing two or three Z o fame to amplify, and for party-mahce to exagg - -;7e; and after having thereby raifed a gen^jd prejudic aiiift the Governor ; at length another member tells the /fff rnWv that he had received from an unknown hand a f T^tlie etters ; and wifhed to have that copy compared ZLt^^^--^^^ the originals. After this, when they td brought the Council into their meafures. they ' hen found their powers enlarged ; and that they were iberty toftew them to any one. provided they did not fufflr them to go out of their hands ; and the King s Go- ve! or an^ LiLenant-Governor were permuted to look upon them only in 'is opprobrious manner, m order to j-r tJ,#. \ndi«jitv 10 much the more offenlive. his CO ftitucn J upon ">°f' ""o k»o« ■»*■», of oourfe of thefe proceedtap. may eafily .mpofe the behd S" But yoa, Lordlhlps »ill r«,dily f«>. and every ma» Iho hf be n an agent very v,eH kno«.. that th,. t.^ :i:t is meant by tranfmitting '"XTe Afflly.t Lordi. when an agent means to wnte to the ABemo y, n« •LrVn-elhU letter to the Speaker, to be commtimcaled to iStlfe aU the dX k.»«.. .bat there are man^ iiifiiii 'iirfil ■"WPfT: jefty's Gover- £ks that youi upon account ce, and which I to Us conjiitu- to fuch perfons >ring them into ngly, after an Iters were pro- se under an in- nd to fuffer no ig two or three ilice to exaggc- encral prejudice nember tells the inknown hand a t copy compared fter this, when • meafurcs, they hat they were at led they did not 1 the King's Go- lermitted to look nner, in order to enfive. ng the letters to )W nothinfl; of the mpofe the belief :, and every man J, that this is not :onftiiuents. My the Affembly, he communicated to at there are many article* [ 73 ] articles in the Journals of this tenor ; ** A letter from Dr. Franklin to the Speaker, was read." But the courfe taken with thefe letters was juft the re- verfe of this. The letter which came with them was ano- nymous ; though the hand was well known : too well per- haps known to the feleded few, who only were to be al- lowed the fight of it. — Since therefore the Do£tor has told us that he tranfmitted thefe letters to his conftituents, we know now who they are. His conftituents, by his own account, muft be this particular junto : for to them, and them only, were the letters communicated. Dr. Franklin did not communicate them, as their agent, to the Aflembly : for whatever may have been the whifpers of this junto, the Aflembly, as an Aflembly, does not to this day know by whom the letters were fent. And fo little do thefe in- nocent well-meaning farmers, which compofe the bulk of the Aflembly, know what they are about, that by the arts of thefe leaders, they have been brought to vote an Addrefs to his Majefty to difmifs his Governor and Lieutenant-Go- vernor, founded upon certain papers, which they have not named ; fent to them from fomebody, they know not whom ; and originally dircded to fomc-body, they cannot tell where : for, my Lords, my accounts fay, that it did not appear to the Houfe that thefe letters had ever been in London. I have pointed out to your Lordfltips, the manner in which this confpiracy againll the Governor was conducted, with all its circumftances, as the letters from Boflon relate them. And from this account* your Lordftiips will not wonder that I confider Dr. Franklin, not fo much in the light of an agent for the Aflembly's purpofe, as in that of a firft mover and prime condudor of it for his own ; not as the Aflembly's agent for avenging this dreadful con- fpiracy of Mr. Hutchinfon againft his native country ; but as the aSor and fecret fpring, by which all the Aflembly's motions were direded : the inventor and firft planner of the whole contrivance. He it was that received and fent K away SBHWJS L 74 ] away Mr. Whatcly*s letters. By vrhat means he laid his h.inds on them, he does not fay ; till he do, he leaves us at liberty to fuppofe the word ( I would wifti to fugged the beft. One cafe only mull be excepted ; Dr. Franklin will not add another injury, and fay to the reprefentative * of the Whately family, that they were any of them confenting to the perfidy. And yet, my Lords, nothing but that con- fent could put him honourably in pofleflion of them, and much lefs give him a right to apply them to fo unwarranta- ble a purpofe. My Lords, there is no end of this mifchief. I hare now in my hand an expoftulatory letter from a Mr. Roome, not a native of America, but fent ftrom London to Rhode Ifland^ to colled ill and fue for large outftanding debts there. This poor man, in a familiar letter to a friend in the fame province, expreflfes a juft indignation at the difficulties he met with in executing his truft, from the iniquitous ten- dency of their laws, and of the proceedings of their courts, to defraud their Englifh creditors ; and then gives him an invitation to come and fpend fome time with him at his country houfe, and catch perch and be of their fifhing party. For this letter, the AfTembly brought htm under uxainination, and committed him to prifoih becaufe he would not anfwer to his printed name at the end of one of the letters in this book f. Upon this occafion he writes a letter to one of his employers, with whom he had ferved his clerkihip here in London, expoftulating on the cruelty and injuftice of the executors fuffering their dead brother's papers to be applied to fuch a purpofe. For he, my L( \ had no conception that any one elfe could have made this * Mr. Whately intended, jf he had been well enough, to have been at the Council. t The Book of Letters, printed at Boflon, then in his hand. Ji. ufe 18 he laid his « leaves us at I fugged the Franklin will fentative * of sm confenting but that coil' of them» and > unwarranta- , 1 have now . Roome, not Rhode Iflandy g debts there, nd in the fame difficulties he aiqaitous ten- \i their courts, 1 gives him an ith him at his F their fifhing rht him under ith becaufe he ■ end of one of ion he writes a e had ferved his on the cruelty dead brother's he, my L< \ have made this veil enough, to on, then in his r 75 J ule oi letters which did not belong to him. Mr. Koome had heard that the Bofton letters had all been fent back again Co London ; and knew that their Speaker was Hire£ted to procure his original letter, in order to their proceeding againft him ftill more feverely. The merchant here came with this letter to « friend of Mr. Whately's defiring that he would go with him to Mr. Whately, fand join in inireat- ing him, not to fend back the letter to their Speaker, which would oblige him, he writes, either to fly the province, or clfe to fuflFer a long imprifonment. My Lords, Mr, Whately's friend had feen too much of the anguilh of mind under which he had been fuffering for the five months fince this difcovery. He knew that it would be giving him jn9/^ and calling on Mr Whately not to fur M(h the means of fixing him there ; with a worthy family didrefTed, in the refllfl ions cad on their own charader, and in the fufTcrings brought upon their friends and correfpond ents ; with the memory of one brother greatly injured, and the life of another greatly indangercd ; with all this weight of fufpicion, and with all this train of mifchiefs before his eyes, Dr. Franklin's apa- thy fets him quite at eafe, and he would have us think> that he has done nothing more than what any other colo- ny agent would have done. He happened only to be the iird colony agent who laid his hands on them, and he thought it his duty to tranfmit them to his condituents. ' My Lords, I have the pleafure of knowing feveral very refpedable gentlemen, who have been colony agents, and cannot but feel a little concern at feeing this drange impu- tation cad on that charader. I have heard the fenti- ments of fome of them. Upon being aflccd, whether, if they had laid their hands upon another gentleman'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 Lords, Dr. Franklin's, mind may have been fo pofleflied with the idea of a great American Republic, that he may cafily Aide into the language of the minider of a ' "• ■• ''• ■ >„••'•■ foreign thai :rr-- / .nt--- 'ui'i^iiSm »^l!" *■ MWP^PfVMyVI m. may be he full view which have luft be fomc- ) let us know in a flame ; , and calling fixing him le refliriions rings brought le memory of torher greatly , and with all ranklin's apa- lave us thinkj y other colo- »nly to be the them, and he nftituents. 5 feveral very f agents, and ftrange impu- ird the fehti- whether, if eman's letters, lake a like ufe propofal with the word Duty if he had been his right hand have been fo Republic, that e minifter of a foreign t 77 ] foreign independent Aate *. A foreign Ambaflador when rcfiding here, j ull before the breaking out of a war, or upon particular occafions, may bribe a villian to fteal or betray any (late papers i he is under the command of another {laic, and is not amenable to the laws of the country where he rdides ; and the P.-cure exemption from punilhment may induce a laxcr morality. But Dr. Franklin, whatever he may teach the people at BofKin, while he u Aere at lead is a fubjed ; and if a lub- jcd injure a fubjed, he [is anfwerable to the law. And the Court of Chancery will not much attend to his new fel f created i mpor ti^nce . But, my Lords, the rank in which Dr. Franklm appears, is not even that of a province agent : he moves in a very inferior oi bit. an Agent for a province, your Lordftiips know, is a perfon chofen by the joint »€t of the Gover- nor, council, and Aflfembly } after which, a commiflion is ilTued by the Secretary, under the province feal, appointing 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 contult the joint fervice of all the three ; and to contribute all iie 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 gentlemen, who at different periods were agents for this very colony. But Dr. Franklin's appoint- ment feems to have been made in dire£t oppofition to all thefe. Upon a meflfage from the Council to the AfTembly, deftring 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 chufe an agent of their * See alfo his letter to Lord Dartmouth. own*. [ 7» ,! own; and tlicn that Dr. !•• ^'in niould be :hat agent. My Lords, the party by whom : ACtinbiy is now direa- «d, did not want a man who fnould think liimfcK bound in duty to confuU for the peace and harmotiy 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 inftruftor in the accomplishing their own fcparate purpofea. Dr. Franklin threfore, your Lordlhips fee, not only movts in a different orbit from that ot oihcr colony Agents, but he gravitates alfo to a ve- ry different center. His great point appears to be to ferve the intercft of his party 4 and privately to fupply the leaders of it with the ncccffary jhiclligence. Whercfoever and howfocver he can lay his hands on them, he think* it hii duty to furnilh materials for diiTenlions j to fet at variance the different branches of the legi. jture, and to irritate and inccnfe the minds of the King's fubjeas againft the King's Governor. But, fays the Doftor, the Undtmy of theft letters wai to inrenfe the mother country againft her colonies. There is a certain fteadincfs which is fingularly remarka- ble in this cafe. Thefe men are perpetually offering every kind of infuU to the Englilh nation. Setting the King's authority at defiance; treating the parliament as ufurpers of an authority not belonging to them, and flatly denying the fupreme jurifdidion of the Britift empire : and have been publilhing their vote* and rcfolulions for this purpofe; and yet now pretend a great concern about thefe letters, as having a tendency to incenfe the parent ftate againft the colony. Not content with bidding defiance to our autho- rity, they now offer infult to our underftanding: and at the very time vhilc they are flying in the King's face, would have him turn out his Governor, becaufe he has in the mildeft terms intimated his opinion, that they do not pay the reverence, they ufed to do, to the Britilh autho- ^^' _ My I » »i. i HtPnmw ic :hat agent. i» now dire^- timfvK bound of the whole i;|)arate views, lo (hould be a accomplithing thrcfore, your nt orbit from ■s alfo to a ve- & to be to ferve to fupply the Whercfoever :m, he think* ns i to fet at jture, and to ubje^ls againft r letter/ was /« larly remarka- offering every ing the King's lent at ufurpers I flatly denying ire : and have r this purpoi'ei thefe letters, as ate againft the ; to our autho- tnding: and at le King^ face, caufe he has in it Vhey do not Britifh autho- • My i 79 1 ^fy Lords, we arc perpetually told of men's incenfing the mother country againft the colonies, of which I have never known t finglc inftance: but we hear nothing of the vaft variety of arts, which have been made ufe of to incenfe the colonies againft the mother country. And in all thefe arts no one I fear has been a more fuccefiful proficient, than the very roan who now (lands forth as Mr. Hutchinion's accufcr. My Lords, as he has been pleafed in his own letter to avow thia accufation, I (hall now return the charge and (hew to your Lord(hips, who it is that is the true incendiary, and who is the great abetter of that fac- tion at Bofton, which, in fornW a committee of corref- pondence, have been inflaming tnKwholc province againd his Majefty's government. ^Nc^ My Lords, the language of Dr. Prankhn^ peculiar cor- rcfpondents is very well known. For years paft they have been boafting of the countenance, which he receives in England, and the encouragement, which he fends over to them at Bofton. One of their laft boafled advices was : Go on, abftain from violence, but go on ; for you have nothing to fear from the government here. My Lords, from theexcef* of their zeal, thefe men are apt fonnetimes to let out a little too much. In the Boflon Gazette of the 20th of September laft is a letter, under- ftood at Bofton to have been written by Mr. Adams, one of Dr. Franklin's fix conftituents*, which ends with the following pafTage. — " The late agent Mr. De Bert in one '« of his letters wrote, that Lord Hill(borou8;h profelTed a " great regard, for the intereft of America ; and he thought • This Gentleman was the manager of the difcovery of Mr. Hutchinfon's letters in the Aflembly ; as Mr. Bowdoin, anothtr of the fix, was in the Council- the ^mmfi C 80 ] *' the only thing that could be done to ferve us, was to ketp «« tie mc:ier of right out of ftght: The profeffed defign of «« that minifter it feems was to ferve us. But America has *• not yet thought it wife to agree to his Lordfliips political *« plan, to wink their liberties out of fight, for the fake of « a temporary accommodation." «Dr. Franklin, who is 'perhaps as penetrating a genius as hisLord(hip, extended « his views a little farther. I hope, fays he in a letter 'dated in 17 71, " the colony affemblies will ihow by * repeated refolves, that they know their rightt^ and do * not lofe fight of them. Our growing importance will ere « long compel an acknowledgment of them, and eftablifti « and fecure them to our pofterity** ' And he adds, I pur- «pofe to draw up a memorial y?j«n^oMr rights and grievances * and In the name and behalf of the province, protejling * particularly A^iXTitt the late innovations— Whether fpeedy * redrefs is or is not the confequence, I imagine it may * be of good ufe to keep alive our claims , and fhow that we * have not given up the contefted points.' " It feems to « have been the judgment of this great man, that afiate of *' rights Ihould accompany a complaint of grievances ; and «* that decent and manly protefts againft particular inno- ** vations, have the fureft tendency to an cfFeaual, if not *« a fpeedy removal of them*.'* Your Lordftiips will be pleafed to obferve the time of Dr. Franklin's anouncing his intention of drawing up for them fuch a memorial, was in 1 771 At the proper feafon in th6 next year, there was produced a great work under thefe very heads of a (late of rights, and a Hate of griev- ances, and protefts againft the new innovations: but not ' from the prefs in London, that would not have anfwcred the purpofe. It was to be a memorial in the name and be- * This Gazette was mifplaced during the fpeech. Tialf "''*t."i"."r':";"'": 'V" \ ' >f ""^^^'ji''""'/"-'"""-""'"' s, was to ketp (Ted defignof t America has (hips political >r the fake of ikUn> who is [lip, extended c in a letter vili Ihow by gAtJt and do ance will ere andeftabliflx le adds, I pur- am/ grievances nee, protejiing hether fpeedy magine it may (how that we " It feems to , thit a JIate of 'ievances ; and irticular inno- ifFeftual, if not ve the time of drawing up for e proper feafon sat work under ftate of griev- itions: but not have anfwcred ie name and be- eech. Tialf [ 8i ] halfoi the province ; and therefore was firft to be fent thither, and receive the (lamp of their authorities. A town meeting therefore was called, and a committee of correfpondence chofen, to draw up a (late of their rights and grievances, and from the form of the refolution it is pretty manifeft, that the leaders knew already what the work was to be. After an adjournment the committee met, and produced this great twelve-penny book, under the very heads of a (late of their rights, and containing a lift of their grievances, with remonftrances fufficiently (Irong againft what they call Innovations. 1 he work was received with the utmoft applaufe, and inftantly con- verted into votes and refolutions of the town of Bofton And doubtlefs it well defer ved it: It is a fet of ready drawn heads of a declaration for any one colony in Ameri- ca, or any one diftant county in the kingdom, which (hall chufe to revolt from the Britilh empire, and fay that they will not be governed by the King and Parliament at Weft- minfter. They therefore voted that this report of their committee of correfpondence (hould be printed in a pam- phlet, and that fix hundred copies of them (hould be dif- pofed of to the felea men of the towns of the province, with an inflammatory letter, founding analarm of apian of defpoufm, with which the Admimftration (and the parlia- ment) tntended to enJJave them; and threatened them -with certam and inevitable deflru^ion: And defiring that they would call town-meetings, and fend their votes and refolu- tions upon this book. In 60 or 70 villages or town(hips fuch meetings had been held: And all exprefs the hi^heft approbation of this excellent performance. And well 'they might; for it told them a hundred fights of whi-h they never had heard before,and a hundred grievances which they never before had felt. Your Lordfliips fee the votes and mftruaions of there fevcral town(hips, in the Bodon ga- zettes here before me. They are full of the moft extra- vagant abfurdi ties. Such as the enthufiaftic rants of the wildeft of my countymen in Charles the ad's days cannot *^ equal. i^ [ 82 ] cT^al It is impoffible to read them to your Lordftiips : ,hofe of Pcmbrok and of Marble-head are particularly curious : but 1 (hall take thofe of the town of Peteriliam. « RefoWed, that the parliament of Great Britam, ufurp- » ing and cxercifing a legiflative authority over, and ex- " torting an unrighteous revenue from thefe colonies, is a- " sainft all divine and human laws. The late appoint- " mvnt of lalaries to be paid to our fuperior Court Judges, «' whofe creation, pay, and commifllon, depend on mere «« will and pleafure, complete a fyftem of bondage equal to " any ever before fabricated by the combined efforts of the " ingenuity, malice, fraud, and wickednefs of man. «' Therefore, Refolved, That it is the firft and higheft «' focial duty, of this people, to confider of, and feek ways «' and means for a fpeedy redrefs of thefe mighty grievan- •' ances, and intolerable wrongs; and that for the obtain- " ment of this end, this people are warranted, by the laws " of God and nature, ■, i the ufe of every rightful art, and «* energy oi Policy, Stratagem, and Force. " Therefore, it is our earned defire, and we here direft " you, to ufe your utmoft influence (as one of the legifla- «« tive body) to convince the nation of Great-Britain, that «' themeafures that they have meted out to us, will have a ♦' dire£t tendency to deftroy both them and us; and petiti- " on the King, and parliament of Great-Britan, in the " moft pathetic and and ftriking manner, to relieve us from " our aggravated grievances ; but if all this (hould fail, we " recommend it to your confideratlon, and direft you to_ " move it to the confideration of the honourable Court, «« whether it would not be beft to call in the aid of fome Prote- <'J}ant Power or Powers, requefting that they would ufe "ihelr kind and Chriftian influence, with our mother " country, that fo we may be relieved, and that brotherly " love and harmony may again take place." Thele are the leiTons taught in Dr. Fraaklin's fchoolof politics. My Lords, I do not fay that Dr. Franklin is the ■ . ' : original .■i i _ i rr'-,'i«Bin) bi k:s of the other provinces, yet the fpirit of the J Mig.i Ungu fi ed, and but little more was then done in i^ This, my Lords, is the great and •^-\. ':ipal ground ct their quarrel with Mr. Hutchinfon. They w.'.Mt i Go- vernor, who fhall know lefs than themfelves, A'hereas he ■- La makc^. t 84 ] makes them feel that he knows more. He flopped the train which Dr. Franklin's conftituents hat! 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 provo- cation : and for this they have been feeking for fome ground of accufation againft him. After fifting his whole condud for the four years, in which he has been governpr, they are not able to point out a fingle aftion to find fault with. Their only recoune is to their own furmifes jf what were the fentiments of his he rt five or lix years ^go. He -was, they fay, among the inflruments in introducing u fleet and army into the province. — Have they attcmjjted any proof of this ? No. But they fancy it from fome lettei s of his, which do not fay a fingle word of tha* fort. Is it poflible to conceive of a more 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 defigned for his Majefty in Council, They know that your Lordfliipt. will not take an accufation for a proof; nor condemn without evidence. They never defired to be brought to a hearing : and .herefore the firft inftant when your Lordftiips call for their proofs, they fly oflF, and fay they do not mean this as a charge, or a trial before your Lordfliips ; and they fay truly : they meant to bring it before the multitude, and to addrefs the popular preju- dices. The mob, they know, need only hear their Go- vernors accufed, and they will be fure to condemn. My Lords, they boaft at Bofton, that they have found this method fucceed againft their iaft Governor, and they hope to make it do againft this ; and by a fecond precedent to cftablifti their power, and make all futuie Governors bow to their authority. They wifti to ereft themielves into a tyranny greater than the Roman : To be able, fitting in their ped the train blow up the Co have been ! real prove- . fome ground ir years, in to point out y recoun'e is ments of his y, among the f province. — • . But they t fay a fingle : of a more tin it? his Addrefs, e accufation. knowing fix ighcs> is not They know 1 for a proof; er defired to ; firft inftant ey fly off, and I trial before leant to bring opular preju- ar their Go- ndemn. My 'e found this md they hope i precedent to overnors bow nielves into a •le, fitting in their t 85 ] their own fecret cabal, to didate for the Affembly, and fend awav tl.tir vcrbof? .'t graiidis epiftola, and ^et even a -jirtu- tus '■- fovernor dragged from h'n feat, and made the fport of a t lion mob. Having tiirued out all other Governors, they may at length hupe to get ojie of their own. The letters from Brfton, for ivvo years part, have intimated that Dr. Frank- lin was aiming at Mr. Hutchinfon's government. It was not eafy before this to give credit to fuch furmifes : but no- thing furel' but a too eager attention to an ambition of this fort, could have betrayed a wife man into fuch a condudi: as wfc nave now feen. Whether thefe furmifes are true or nc, your Lordfhips are much the bed judges. If they Ihould be true, I hope that Mr. Hutchinfon will not meet with the lefs countenance from your Lordftiips, for his Rival's being his accufer. Nor will your Lordftiips, I truft, fiom what you have heard, advife the having Mr. Hutch- iiiion difplaced, in order to make room for Dr. Franklin as a iucceffor. With regard to his conjlituents, the faSious leaders at Bofton, who make this complaint agairfi their Governor; if the relating of their evil doings be criminal, and tending to alienate his Majelly's afFeflions, muft not the doing of them be much more fo ? Yet now they alk that his Ma- jefty will gratify and reward them for doing thefe things j and that he will punifli their Governor for relating them, becaule they are fo very bad that it cannot but oflFcnd his Majefty to hear of them. My Lords, if the account, given in thefe letters, of their procLi-dings, five years ago, tended to alienate his Majefty's affeWons, has their conduft ever fince been ui any refpefl: moT , CO', il< iting? was it to confute or prevent the per- nicious effea of thefe letters, that the good men of Bofton have lauly held their meetings, appointed their Committees, and wiih I'.tir ufual moderation deftroyed the cargo of three Britifti ftiips ? If an Englifn Conful, in any part of France [ 86 ] France or Spain, or rather Algiers or Tripoli, (for Euro- pean powers refpeft the law of nations) had not called this an outrage on his country, he would have deferved punifti- ment. But if a Governor at Bofton fhould prefume to whifper to a friend, that he thinks it fomewhat more than a moderate exertion of Englifh liberty, to deftroy the fliips 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 efpcatiwt tendency to interrupt the harmony between Great Britain and the colony ^ which thefe good fubjeds are driving by fuch means to eftablifli. On the part of Mr. Hutchinfon and Mr. Oliver, I am inftruaed to affure yoar Lordfhips, that they feel no fpark of refentment, eve , at the individuals who have done them this injuftice. Their private letters breathe nothing but moderation. They are convinced that the people, though mifled, are innocent. If the condua of a few fliould provoke a juft indignation, they would be the moft forwi'rd, and, I trufl: the moft efficacious folicitors to avert its cffeas, and to excufe the men. They love the foil, t!;e conftitutijn, the people of New-England ; they look with reverence to this country, and with affeaion to that. For the fake of the people they wifti fome faults correaed, anarchy abolifhed, and government re-eftabliflied : but thefe falutary ends they wilh to promote by the gcntleft means ; and the abridging of no liberties, which a people can poflTibly ufe to its own advantage. A reftraint from felf-deftruaion is the only reftraint they defire to be im- pofed upon New-England. My Lords, I have faid that the letter, which accompa- nied thefe in queftion, was anonymous, and that it was di- reded to be ihown to fix perfons only. I am ■ ■ !JIBW-ii > | i | w 1, (for Euro- lot called this 5rved puni(h- I prefume to lat more than ;roy the (hips r their goods, E King's fhips ich a condu£t interrupt the , which thefc lablifh. OUver, I am ' feel no fpark have done eathe nothing ,t the people, uft of a few Id be the mod citors to avert iove the foil, d ; they look idion to that, ilts corre£ted, jbliflied : but ^ the gentlefl 'hich a people reftraint from re to be im- [ 87 ] I am prepared to enter into the proof of this. — I call upon Dr. Franklin, for my witnefs. And I am ready to examine him. N. B. Dr. Franklin being prefent, remained filent. But declared by his counfel, that he did not chufe to be examined. i The lich accompa- that it was di- •1 I am Mii^ [ 88 3 The following Letter having been mentioned in Mr Wedderburn's Speech, it is printed for the Reader's Saiisfaftion, and to complete the G>lle<^ion. Co ?Y of a Letter returned witi thofe ftgned Tho. Hut- chinfon, Andrew Oliver, Wf. Front England. , SIR, ' Narraganfet, Dec. 22, 1767. I A M now withdrawn to my little country villa, where, tho' I am more retired from the bufy world, yet I am ftill enveloped with uneafy refle£lions for a turbulent, de- generate, ungrateful continent, and the oppofition I have met with in my indefatigable endeavours to fecure our pro- perty in this colony, but hitherto without fucccfs. — The times are fo corrupted, and the confli£l of parties fo pre- dominant, that faftion is blind, or fhufs her eyes to the inoft evident truths that crofs her defigns, and believes in any abfurdities that aflifts to accomplifli her purpofes under )he proftitution and proflration of an infatuated go- vernment. — Judge then, my dear Sir, in what a critical fituation the fortunes of we poor Europeans mud 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, be- caufe the perverfion of their iniquitous courts of juftice are fo 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, as none can be effeftually adminiilered without a change of government, and a better adminiftration of jufticc introduced ; and was it known here »inipw""«(limiw I - I l l- li H. P n entioned in printed for 3mplete the ed Tho. Hut- r. 22| 1767. villa, where, orld, yet I am turbulent, de- pofition I have fecure our pro- fuccefs. — The parties fo pre- ler eyes to the )> and believes I her purpofes n infatuated go- what a critical muft be among ir property for oies may have ance : — We are with them, be- :ourts of jiiftice :ed us we had ly, than purfue lid to apply to a n be effeftually ent, and a better d was it known here [ 89 ] here that we made fuel, application home, not only olii* fortunes would be in greater jeopardy, but our lives en- dangered by it before any falutary regulations could take place. — We are fenliblc of the goodnefs of the King and Parliament, but how far, or in what fpaci of time our grievance, as a few individuals, might weigh againtl the influence of a charter government, we are at a lofs to dctcrminf. Ill 1761, I arrived in America, which circumftance you probably remember well. — With great induftry, caution and circumfpedion, 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 ta grace. (Pray Doftor how did it feel ? The fubjeO: is fta'e but I muft be a little funny with you on the occafion.) Much ftill remains to be done, and after all my beft en- deavours, 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. // // reaUy a •oery affeH'mg and melancholy confi- deration. Under % deep fenfe of the infirmities of their conftituti- on; the innovations which they have gradually interwoven among themfelvtef; and ftimulated by every a6t of forbear- ance^ lenity, ami patience, we have indulged our correfpon- dents until dchiges of bankruptcies have enfued, infolvent a£tii liberated them from our joft demands, and Bnally had our indifput^^le accounts refttftd admiffion for our propor- tion of the fraall reimins, until cobny creditors were firft paid, and the whole abforbed. We have had veffels made over to us for the fatisfa6iion of debts, and after bills of fates were executed, carried off in open violence and force by Capt. Snip-fnap of Mr. No- body's appointntent, and when we fued him iot damages, recovered a loufe. We have in our turn been fued in our abfence, and condemned ex parte in large fums for imagi- M nary m^^ [ 90 ] nary damages, for which we can neither oblain a trial, noi reilrcfs. '1 licy refufe us an appeal to the king in council ; the money muft be paid when iheir executions become re- turnable i and were we to carry it home by way of com- plaint, il^voiild coft us twf i^' three hundred pounds fter- ling to profecute, and after all, -vhen his|MaJ€fty's decree, come over in cur favour, and refunding the money can lu. longer be evaded, I expeft their eflPeas will be fecreted, their bodies releafed by the infolvent ad, and our money both principal, inierea and expences irrecoverably gone.- Is not our cafe grievous?— We have in aaions founded upon notes of hand, been caft in their courts of judicature — We have appealed to his Majefty in council for redrefs, eot their verdias reverfed, and obtiiined the King's decrees for our money, but that is aU ; for altho' I have had them by me abo ve 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 fmglc fliilling, though we have danced after their courts and af- femblies above thirty days, m -aa/n to accomplifli that purpofe only: confider, my dear Sir, what expence, vex- ation and lofs of time this muft be to us, and whether we have not juft caufe of complaint. Wc have alfo in vain waited with great impatience for years paft, in hopes his Majefty would have nominated his judges, and other executive officers in every colony in America, which would in a great meafure have removed the caufe of our complaint.-Nothing can be more neceflary than a fpeedy regulation in this, and conftituting it a regal government ; and nothing is of fuch important ufe to a nation, as that men who excell in wifdom and virtue fliould be encouraged to undertake the buftnefs of government : But the iniquitous courfe of their courts of juftice in this colony, deter fuch men from ferving the public, or if they do fo unlefs patronized at home, their wifdom and virtue are turned againft them ^with fuch malignity, that 'ii iri,:^!.:^^^.^. in a trial, noi g in council ; IS become re- way of com- 1 pounds fter- lefty's decrees money can no I be fecreted, id our money rably gone.— lions founded of judicature :il for redrefs, King's decrees [lave had them d two eminent srmable to the ecover a finglc courts and af- ccomplifli that expence, vex- jd whether we impatience for ive nominated very colony in ve removed the more neceflary uting it a regal tant ufe to a id virtue fhouid jf government : f juftice in this ; public, or if ;ir wifdom and malignity, that it [ 9' ] b more (ate to be infamous than renowned. — The princip.it exception I have met with here, is James Helmii-, EUji who was thofenchiet lull ceby the general afiembly ai lafl tlc^ion. — He accepted his appointment, dilhnguiihcs himfcli by capacity and application, and fecms neither a- fraid nor aftiamcd to adminifter impartial juftice to u/l, even to the native and refuling creditors of the mother country. — I have known him grant them temporary relief by writs of error, Stc, when both he and they were over- ruled by the partiality of the court j and in vain, though with great candour and force, pkad with the reft of the bench, that for the honour of the colony, and their own fpputation, they ought never to pay lels regard to the de- decrees of his Majefty ,n council, hccaul' the property was determined in Great Brittain, than ir own. I have alfo heard him with refolution and jn , n-ftt when he ilifcovercd the court to be immoderately partial^ order his name to be enrolled, as diflentirg rrom the verdid^ — For fiich honefty and candour, I am perfuaded he will be de- pofed at next ele£lion, unlefs they (hould be ftill in hopes of making a co ivert of him. I wifti it was in my power to prevent any American from fufTcring for the caufe of integrity, and their mother country ; he^ in an efpecial manner, IhouUl not only bp prote^ed unA fupported, but appear among the firft promo- tions, — Is there no gentleman of public fpirit at home, that would be pleafed *o be an inftrumentof elevating a man of his principles and probity ? or is it become fafhionable for vice to be countenanced with impunity, and every tracj; of virtue pafTed over unnoticed I God forbid The colonies have originally been wrong founded. — • They ought all to have been regal governments, and every executive officer appointed by the Kiiig. Until that is ef- fe£ted, and they are properly regulated, they will never be beneficial to themfelves, nor good fubjefts to Great-Bri- tain. — You fee with what contempt they already treat the Ma aas iiiiiii ) i«i ■ i< - « - [ 92 ] afta of parlitment, for regulating their trade, and entchn- to the moft pubhc, illegal and atFruntmg ciunbinatiunii to oblain a repeal, by again impofing upon ihi- Uritifh mer- chants and manufa£turcrs, and all under the cloak of re inniAing their expences by avoiding every umeceffary fuper- fluily. Were that really the cal*-, I am furc 1 would, and alio every other Hritlh lubjed, clleem them for it ; but the fadt is, they obtained a repeal ol the Aamp g6t by mei can- tile influence} and they are now endeavouring by the fame artifice and fincflc to repeal the a6ts of trade, and obtain a total exemption from all taxation. — Were it otherwiiys, and they fuicerely difpofed to (lop the importation of every iinneceflTary fuperfluity, without affronting the Briiilh legi- flation, by their public, general and illegal combinations, they might accomplifh their purpofes with much morede- cency, and fupprefs it more cffedually by the aSs of their own legiflation, impofing futh duties upon their importati- on here *, as might either occafion a total prohibiti on, or confine the co ifumption of them to particular individu- als that can afford to buy, by which meafures they w.juld alfo ruife a confidcrable colony Revenue, and ealc the poorer inhabitants in the tax they now pay : — But the temper of the country is exceedingly y K^J^ w ,0. %^ IMAGE EVALUATION TEST TARGET (MT-3) L A i * ! A V-', 1.0 I.I 12.2 L4|Z8 |2.5 •« 136 IWi 1.8 11.25 i 1.4 mm 6" ■. i* <^ V »■■■: j^^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)872-4503 :^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques '■■'SS id le .1- ie a s. ry ;'- IS, le- eir ti- )n, du- ild he he to lay no the are ViS rod e a on ent :ral id le ri- le a s, ry ;i- IS, le- eir ti- )n, (lu- ild he he to lay no the are vas rod e a on ent Tal C 93 ] general peftilence, fprcads iieyond conception ; and if the Bntilh parliament are too late in their regulations, negled jneafures fevm years, which are effentiaily necelT.iry now, Ihould they then be able tc ftifle their conimotions, it will ontj ije a temporary extinaion, confequemly, every hour's indulgence will anlwir no other purpofe than enable them in a more effeaiial manner to fow feeds of diffention to be rekindled whenever they are in a capacity to oppofe the mother country and render themfelves independent of lier. Have they not already in the moft public manner (hewn their oppofition to the meafures of parliament in the affair of the late ftamp ad ? do not they now with equal vio- lence and audicHty, in both public papers and converfation declare the parliamentary regulations in their ads of trade to be illegal and a mere nullity ?-What furtk^oofs do we wait for, of either their good or bad difpofition? did you ever hear of any colonies, in their infant /late, teach the fciente of tyramiy, reduced into rules *, over every fubjeS that difcountenanced their meafures in oppofition to the mother country, in a more imperious manner than they havj done thefe four years pajl p Have they not made ufe of every ftroke of policy (in their way) to avail themfelves of the dark purpofes of their independence, and fuffered no reftraint .of confcience, or fear, not even the guilt of threat- enint^ to excitea civil war, and revolt, if not indulged with an unliffli ted trade, without reftraint ; and Britifti protec- tion, without expence ? for that is the engine of it.-Is tins their true or miftaken portrait Say V it is their true one, ou^ht notfuch pernicious maxims of policy ? fuch wicked difcipline? fuch ingratitude ? fuch diffimula- uon ? iuch perfidy ? fuch violent, ruthlefs and fanguin- ary councils, where a Cleone bears rule, and an Arillides cannot be enriur^.'d, to be cruflied in embyro ? If not, the 4 i The Committee to the Sons of Lib ertv. alter- MM rntllim(i^jyiii liiii ssssm L 94 } ahcrnattvc cannot avoid producing fuch a government, as will ere long throw the whole kingdom into the utmoft confufton, endanger the life, liberty and property of every good fubjea, and again expofe them to the mercilefs af- faflination of a rabble. I am fenfible that in all political difputes, efpectally in America, a man may fee fome things to blame on both ■fides, and fo much to fear, which ever fadion Ihould con- quer, as to be juftified in not intermeddling with either; but in 'matters of fuch vaft importance as the prefent, wherein we have fiiffertd fo much,— fliU deeply intercfted, and by which the peace and tranquility ot the nation is at (lake; it is difficult to conceal one's emotions from a friend. and remain a tranquil fpeSator on a theatre of fuch chica- nery and collufion, 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 bt true policy, in fome cafes, to tame the fierceft fpirit of popular liberty, not by blows, or by chains, but by foothing her into a willing obedience, and making her kifs the very hand that reftrains her } but fuch policy would be a very unfuiuble potion to cure the malady of the prefent times. They are too much corrupted ; and already fo in- toxicated with their own importance, as to make a wroiig ufe of lenient meafures.— They conflrue them into their own natural rights, and a timidity in the mother country. They confider themfelves a little bigger than the frog in the fable, and that G. Britain can never long grapple with their huge territory of 1 500 miles frontier, already populous, and increafing with fuch celerity, as to double their numbers once in t-wenty-five years. — This is not perfeftly confonant with my idea of the matter, though fuch calculation has been made ; and admitting it to be erroneous, yet as they believe it, it has the fame evil efFeS, and poffeffcs the ima- ginations of the people with fuch a degree of infanity and enthufiafm, as there is hardly any thing more common than to .%*r V,-'- I'ernment, the utmoft y of every ;rcilefs af- ■pecially in e on both hould con- ith either; le prefent, intercfted, lation is at m a friend* fuch chica- lecked, and y) chill the the fierceft lins, but by ing her kifs :y would be the prefent ready fo in- ke a wrofig n into their ler country. ifrog in the e with their ly populous, leir numbers iy confonant culation has yet as they Tcs the ima- infanity and )mmon than to [ 95 ] to hear them boaft of particular colonies that can raife on a fliort notice an hundred thouf and fighting men t» oppofe thi force of Great-Britain ; certain it is, that they incieafe in num- bers by emigration, &c. very faft, and are become fuch a body of people, with fuch extenfive territory as require every bud of their genius and difpofition to be narrowly watched, and pruned with great judgment, otherwife they may become not only troublefome to Great Briuin, but enemies to themfelves.— Now is the critical feafon — They are ftill like fome raw giddy youth juft emerging into the world in a corrupt degenerate age. A parent, or a guar- dian, is therefore ftill necefTary ; and if well managed, they will foon arrive at fuch maturity as to become obedient, dutiful children ; but if neglefted long, the rod of chaftife- ment will be fo much longer necefTary as to become too burthenfome, and muft be dropt with the colonies. — They almoft confider themfelves as a feparate people from Great Britain already. Laft month, while I was attending the General AfTem- b!y, the Governor fent a written meffage to the lower houfe, importing his intention of a refignation at the next eleftion, afllgning for reafons, the fumes in the colony and party fpi- rit were fo high, and that bribery and corruption were fo predominant, that neither life, liberty, nor property were fafe, Sec. &c. &c. Now, Sir, whether the Governor's intentions as exhibited in this open, public declaration, was real, or feigned to anfwer political purpofes ; it ftill evinces their decrepid ftate ; the proftitution of government ; and melancholy fituation of every good fubjeft : for it cannot be fuppofed, by any candid inquifitor, that a declaration of that nature, and form, would, if not true, been delivered by a Governor to a whole legiftative body, in order to eman- cipate himfelf. If this truth is granted, and this allowed to be their unhappy fituation, how much is it the duty of eve- ry good man, and what language is fufticient to paint, in an effc^ual manner, this internal imbecility of an Englifti co- lony w 1 ^ I [•96 ] lony (in many other refpeas favourably f.tuated for trade and commerce, one of the fafeft, largeft, andmoft commo- dious harbours in all America, or perhaps m all Europe, acceffable at all feafons, f.tuated rn a fine chraatc, and a- bounding Avith fertile foil)-to the maternal Wels of com- Sn. in order that (he may feafonably, .f fte thmks u Teclffary to interpofe. regulate, and wipe away the.r per- "tcTous CHARTER, rendered obnoxious by the abufe *'^'am afraid I have tired your patience with a fubjea that • n^uft give pain to every impartial friend ,o Great Br.tam Td her colonies.-When I took up my pen,--I only m- Ided o have communicated the out-lines of fuch of my ivhles (without dipping fo far into political matter) LTlrou^tlolln/Lf orexcufe my long nience. or,^ pxciie vour compaflion and advice, "our friind Robinfon is gone co Bofton to jom the com- . '"' " My compliments to Col. Stuart.-May I alk Thet ur' of you both to come and eat a Xmas dinner wuh ^e at Ba chelor's hall, and celebrate the feftivity of the • So whhmeinNarraganfetwoods. A covy of partridges ortevy of quails, will be entertainment or the Colonel L me, while the pike and perch ponds arnuf* yo«.- rhou"burinefsorpre.Lgagementpreventmet^^^^^^^^^ nermit me to afk the favour of your carlieft intelligence ok fh p oTeedinss of parliament ; and of your opinion whe- her our cafe is not fo grievous as to excite their compaffion ndinrpontionwerelk -Thi^narraUon toget er with your own knowledge of many of the faSs, and the TfpoLn of the colonies in g--^' -» -f^teKm mory, and enable you to form a judgment Relief from Tome feems fo tedious, eCpecially to us who have fuffered fo n^uch, like to fufFer more, and unacquainted with their reafons of delay, that I am quite '"^P*"^"*- ^en- Above twelve months ago, I received from three Oen tlem^ in London (in truft for feveral others) exemplified a( ft ft ai tl fi d ti tl I 1 t ( ^^^ntgH^tttmait . i ii ri»i n i m) ,i- i ip» w> jiim i «jiin »»»wiH'Sijij)gni ■ akmm mil l I ■ ''y^!0i^ t 97*] ited for trade moft commo- n all Europe, liroate, anda- lowels of com- f fhe thinks it way their per- us by the abufe I a fubjeft that Great Britain ;n,— I only in- of fuch of my olitical matter) ly long filence, ) join the com- rt.— May I alk nas dinner with feftivity of the vy of partridges, or the Colonel is amufe you.— ine that pleafure, ft intelligence of ur opinion whe- their compaflion rration, together e fads, and the refre(h your me- nt. Relief from ) have fuffered fo tinted with their from thfee Gen- lers) exemplified accouut accounts for a balance of above twenty fix thoufand pouiida fterling, moftly due from this colony, not £. 50 of which (hall I ever be able to recover without compulfivfe meafures, and what is ftill worfe, my lawyer advifes me from all thoughts of prolecution, unlefs a change of government eii- fueSi 1 am therefore obliged to fend them his opinion (in juftification of my own conduft) in lieu of money ten years due. Poor fatisfaftion I our confolation muft be in a Bi i- tifti parliament. Every other avenue is rendered impreg- nable by their fubtlety, and degeneracy, and we cah no longer depend upon a people who are fo Unthankful for our indulgences, and the lenity of their mother country. I wilh you the compliments of the approaching feafon, and a fucceflJon of many happy new years. I am, Sir, with much regard, . ' ^ Your moft humble Servant, G. ROME. 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