the general court of Massachusetts was again convened, governor Bernard laid before the house of representatives, an extract of a letter from the earl of Hillsborough, in which, after animadverting in harsh terms on the circular letter to the colonies, he declared it to be "the King's pleasure" that the governor "should require the house of representatives, in his majesty's name, to rescind the resolution on which the circular letter was founded, and to declare their disapprobation of, and dissent from, that rash and hasty proceeding."
This message excited considerable agitation; but the house, without coming to any resolution on it, requested the governor to lay before them the whole letter of the earl of Hillsborough, and also copies of such letters as had been written by his excellency to that nobleman, on the subject to which the message referred.
The copies were haughtily refused; but the residue of the letter from the earl of Hillsborough was laid before them. That minister said, "if, notwithstanding the apprehensions which may justly be entertained of the ill consequence of a continuance of this factious spirit, which seems to have influenced the resolutions of the assembly at the conclusion of the last session, the new assembly should refuse to comply with his majesty's reasonable expectation, it is the King's pleasure that you immediately dissolve them."
This subject being taken into consideration, a letter to the earl was reported, and agreed to by a majority of ninety-three to thirteen, in which they defended their circular letter in strong and manly, but respectful terms; and concluded with saying, "the house humbly rely on the royal clemency, that to petition his majesty will not be deemed by him to be inconsistent with a respect to the British constitution as settled at the revolution by William III., and that to acquaint their fellow subjects involved in the same distress, of their having so done, in full hopes of success, even if they had invited the union of all America in one joint supplication, would not be discountenanced by their gracious sovereign, as a measure of an inflammatory nature. That when your lordship shall in justice lay a true state of these matters before his majesty, he will no longer consider them as tending to create unwarrantable combinations, or excite an unjustifiable opposition to the constitutional authority of parliament; that he will then truly discern who are of that desperate faction which is continually disturbing the public tranquillity; and that, while his arm is extended for the protection of his distressed and injured subjects, he will frown upon all those who, to gratify their own passions, have dared to attempt to deceive him."[199]
Legislature of Massachusetts dissolved.
A motion to rescind the resolution on which their circular letter was founded, passed in the negative, by a majority of ninety-two to seventeen; and a letter to the governor was prepared, stating their motives for refusing to comply with the requisition of the earl of Hillsborough. Immediately after receiving it, he prorogued the assembly, with an angry speech; and, the next day, dissolved it by proclamation.[200]
While the opposition was thus conducted by the legislature with temperate firmness, and legitimate means, the general irritation occasionally displayed itself at Boston, in acts of violence denoting evidently that the people of that place, were prepared for much stronger measures than their representatives had adopted.
Seizure of the sloop Liberty.
The seizure of the sloop Liberty belonging to Mr. Hancock, by the collector of the customs, occasioned the assemblage of a tumultuous mob, who beat the officers and their assistants, took possession of a boat belonging to the collector, burnt it in triumph, and patrolled the streets for a considerable time. The revenue officers fled for refuge, first to the Romney man of war, and afterwards to Castle William. After the lapse of some time, the governor moved the council to take into consideration some measure for restoring vigour and firmness to government. The council replied "that the disorders which happened were occasioned by the violent and unprecedented manner in which the sloop Liberty had been seized by the officers of the customs." And the inhabitants of Boston, in a justificatory memorial, supported by affidavits, insisted that the late tumults were occasioned, principally, by the haughty conduct of the commissioners and their subordinate officers, and by the illegal and offensive conduct of the Romney man of war.[201]
The legislature however did not think proper to countenance this act of violence. A committee of both houses, appointed to inquire into the state of the province, made a report which, after reprobating the circumstances attending the seizure, to which the mob was ascribed, declared their abhorrence of a procedure which they pronounced criminal; desired the governor to direct a prosecution against all persons concerned in the riot; and to issue a proclamation offering a reward to any person who should make discoveries by which the rioters or their abettors should be brought to condign punishment.
This report, however, seems to have been intended, rather to save appearances, than to produce any real effect. It was perfectly understood that no person would dare to inform; or even to appear, as a witness, in any prosecution which might be instituted. Suits were afterwards brought against Mr. Hancock and others, owners of the vessel and cargo; but they were never prosecuted to a final decision.[202]
This riot accelerated a measure, which tended, in no inconsiderable degree, to irritate still farther the angry dispositions already prevalent in Boston.
The governor had pressed on administration the necessity of stationing a military force in the province, for the protection of the officers employed in collecting the revenue, and of the magistrates, in preserving the public peace. In consequence of these representations, orders had already been given to general Gage to detach, at least, one regiment on this service, and to select for the command of it, an officer on whose prudence, resolution, and integrity, he could rely. The transactions respecting the sloop Liberty rendered any attempt to produce a countermand of these orders entirely abortive; and, probably occasioned two regiments, instead of one, to be detached by general Gage.[203]
It seems to have been supposed that a dissolution of the assembly of Massachusetts would dissolve also the opposition to the measures of administration; and that the people, having no longer constitutional leaders, being no longer excited and conducted by their representatives, would gradually become quiet, and return to, what was termed, their duty to government. But the opinions expressed by the house of representatives were the opinions of the great body of the people, and had been adopted with too much ardour to be readily suppressed. The most active and energetic part of society had embraced them with enthusiasm; and the dissolution of the assembly, by creating a necessity for devising other expedients, hastened the mode of conducting opposition at least as efficacious, and afterwards universally adopted.
At a town meeting of the inhabitants of Boston, a committee was deputed for the purpose of praying the governor to convene another general assembly. He replied that no other could be convened until his majesty's commands to that effect should be received. This answer being reported, the meeting resolved "that to levy money within that province by any other authority than that of the general court, was a violation of the royal charter, and of the undoubted natural rights of British subjects.
"That the freeholders, and other inhabitants of the town of Boston would, at the peril of their lives and fortunes, take all legal and constitutional measures to defend all and singular the rights, liberties, privileges, and immunities, granted in their royal charter.
"That as there was an apprehension in the minds of many of an approaching war with France, those inhabitants who were not provided with arms should be requested duly to observe the laws of the province, which required that every freeholder should furnish himself with a complete stand."
But the important resolution was "that, as the governor did not think proper to call a general court for the redress of their grievances, the town would then make choice of a suitable number of persons to act for them as a committee in a convention, to be held at Faneuil Hall in Boston, with such as might be sent to join them from