They entered on the debate with freedom of inquiry, stated their claims with clearness and precision, and supported them with such reasoning and perspicuity, that a man of less hardiness than Mr. Hutchinson would not have made a second attempt to justify so odious a cause, or to gain such an unpopular point by dint of argument. But whether owing to his own intemperate zeal, or whether instigated by his superiors on the other side of the Atlantic, to bring on the dispute previous to the disclosure of some extraordinary measures then in agitation, is uncertain. However this was, he supported his opinions with industry and ingenuity, and not discouraged by strong opposition, he spun out the debate to a tedious and ridiculous length. Far from terminating to the honor of the governor, his officious defence of administration served only to indicate the necessity of the most guarded watchfulness against the machinations of powerful and designing men; and fanned, rather than checked the amor patriae characteristic of the times.
Soon after this altercation ended, the representative body took cognizance of an affair that had given great disgust, and created much uneasiness through the province. By the royal [115] charter granted by William and Mary, the governor, lieutenant-governor and secretary were appointed by the king; the council were chosen by the representatives of the people, the governor being allowed a negative voice; the judges, justices, and all other officers, civil and military, were left to his nomination, and appointed by him, with the advice and consent of a board of counsellors. But as it is always necessary in a free government, that the people should retain some means in their own hands, to check any unwarrantable exercise of power in the executive, the legislature of Massachusetts had always enjoyed the reasonable privilege of paying their own officers according to their ability, and the services rendered to the public.
It was at this time well known that Mr. Hutchinson had so far ingratiated himself as to entitle him to peculiar favor from the crown; and by a handsome salary from the king, he was rendered entirely independent of the people. His brother-in-law also, the lieutenant-governor, had obtained by misrepresentations, thought by some to have been little short of perjury,* a pension which he had long solicited; but chagrin at the detection of his letters, and the discovery of his duplicity, soon put a period [116] to a life that might have been useful and exemplary, had he confined his pursuits only to the domestic walks of life.
A strong family as well as political connexion, had for some time been forming among those who had been writing in favor of colonial regulations, and urging the creation of a patrician rank, from which all officers of government should in future be selected. Intermarriages among their children in the near degree of consanguinity before the parties were of age for maturity of choice, had strengthened the union of interests among the candidates for preferment. Thus by a kind of compact, almost every department of high trust as it became vacant by resignation, suspension or death, was filled by some relation or dependent of governor Hutchinson; and no other qualification was required except a suppleness of opinion and principle that could readily bend to the measures of the court.
But it was more recently discovered that the judges of the superior court, the near relations or coadjutors of Mr. Hutchinson, and few of them more scrupulously delicate with regard to the violation of the rights of their country than himself, had taken advantage of the times, and successfully insinuated that the dignity of their offices must be supported by an allowance from the crown sufficient to enable them to execute [117] the designs of government, exclusively of any dependence on the general assembly. In consequence of these representations, the judges were appointed to hold their places during the king’s pleasure, and a yearly stipend was granted them to be paid out of the new revenue to be raised in America.
The general court had not been convened after the full disclosure of this system before the present period; of course no constitutional opposition could be made on the infraction of their charter, until a legal assembly had an opportunity to meet and deliberate. Uncertain how long the intriguing spirit of the governor would permit them to continue in existence, the sitting assembly judged it necessary early in the session to proceed to a parliamentary inquiry into the conduct of their judiciary officers. Accordingly the judges of the supreme court were called upon to receive the grants for their services as usual from the treasury of the province; to renounce all unconstitutional salaries, and to engage to receive no pay, pension or emolument in reward of services as justices of the court of judicature, but from the free grants of the legislative assembly.
Two of the judges, Trowbridge and Ropes, readily complied with the demand, and relinquished the offensive stipend. A third was William Cushing, Esq. a gentleman rendered [118] respectable in the eyes of all parties by his professional abilities and general integrity. He was a sensible, modest man, well acquainted with law, but remarkable for the secrecy of his opinions: this kept up his reputation through all the ebullitions of discordant parties. He readily resigned the royal stipend without any observations of his own; yet it was thought at the time that it was with a reluctance that his taciturnity could not conceal. By this silent address he retained the confidence of the court faction, nor was he less a favorite among the republicans. He was immediately placed on the bench of justice after the assumption of government in the Massachusetts.*
The next that was called forward was Foster Hutchinson, a brother of the governor’s, a man of much less understanding, and as little public virtue; in short, remarkable for nothing but the malignancy of his heart. He, after much altercation and abuse of the general assembly, complied with a very ill grace with the requisitions of the house.
[119] But the chief seat of justice in this extraordinary administration was occupied by a man* unacquainted with law, and ignorant of the first principles of government. He possessed a certain credulity of mind that easily seduced him into erroneous opinions; at the same time a frigid obstinacy of temper that rendered him incapable of conviction. His insinuating manners, his superficial abilities, and his implicit devotion to the governor, rendered him a fit instrument to give sanction by the forms of law to the most atrocious acts of arbitrary power. Equally deaf to the dictates of patriotism and to the united voice of the people, he peremptorily refused to listen to the demands of their representatives; and boldly declared his resolution to receive an annual grant from the crown of England in spite of the opinions or resentment of his country: he urged as an excuse, the depreciation of his private fortune by his judicial attentions. His station was important and influential, and his temerity was considered as holding a bribe to execute the corrupt measures of the British court.
The house of representatives not interrupted in their system, nor intimidated by the presumption of the delinquent, proceeded directly to exhibit articles of impeachment against Peter Oliver, Esq. accusing him of high crimes and misdemeanors, and laid their complaints before [120] the governor and council. On a division of the house there appeared ninety-two members in favour of the measure, and only eight against it. The governor, as was expected, both from personal attachment and a full approbation of Mr. Oliver’s conduct, refused to act or sit on the business; of course all proceedings were for a time suspended.
When a detail of these spirited measures reached England, exaggerated by the colorings of the officers of the crown, it threw the nation, more especially the trading part, into a temporary fever. The ministry rose in their resentment, and entered on the most severe steps against the Massachusetts, and more particularly the town of Boston. It was at this period that lord North ushered into the house of commons the memorable bill for shutting up the port of Boston, also the bill for better regulating the government of the Massachusetts.
The port-bill enacted that after the first of June one thousand seven hundred and seventy-four, “Every vessel within the points Alderton and Nahant, (the boundaries of the harbor of Boston,) should depart within six hours, unless laden with food or fuel.” That no merchandize should be taken in or discharged at any of the stores, wharves, or quays, within those limits; and that any ship, barge or boat, attempting to convey from other parts of [121] America, either stores, goods or merchandize to Boston, (one of the largest maritime towns on the continent) should be deemed a legal forfeiture to the crown.
This act was opposed with becoming zeal by several in both houses of parliament, who still inherited the generous spirit of their ancestors, and dared to stand forth the defenders of English liberty, in the most perilous seasons. Though the cruelty