The Loyalists of Massachusetts Part 17

Josiah Quincy, then twenty-one years old, writing in his diary Aug. 27, 1765, says that Hutchinson's life "it is more than probable, was saved by his giving way to his eldest daughter and leaving the house." He described "the coming into court the next day of the stripped Chief Justice, clothed in a manner which would have excited compa.s.sion from the hardest heart. Such a man in such a station, thus habited, with tears starting from his eyes, and a countenance which strongly told the inward anguish of his soul,--what must an audience have felt, whose compa.s.sion had before been moved by what they knew he had suffered, when they heard him p.r.o.nounce the following words which the agitation of his mind dictated, "Gentlemen,--There not being a quorum of the Court without me, I am obliged to appear. Some apology is necessary for my dress; indeed, I had no other. Dest.i.tute of everything,--no other shirt; no other garment but what I have on; and not one in my whole family in a better situation than myself. The distress of a whole family around me, young and tender infants hanging about me, are infinitely more insupportable than what I feel for myself, though I am obliged to borrow part of _this_ clothing.

"Sensible that I am innocent, that all the charges against me are false, I can't help feeling: and although I am not obliged to give an answer to all the questions that may be put to me by every lawless person, yet I call G.o.d to witness--and I would not, for a thousand worlds, call my Maker to witness to a falsehood--I say I call my Maker to witness, that I never, in New England or Old, in Great Britain, or America, neither directly or indirectly, was aiding, a.s.sisting or supporting--in the least promoting or encouraging--what is commonly called the Stamp Act; but, on the contrary, did all in my power, and strove as much as in me lay, to prevent it. This is not declared through timidity, for I have nothing to fear. They can only take away my life, which is of but little value when deprived of all its comforts, all that was dear to me, and nothing surrounding me but the most pressing distress.

"I hope the eyes of the people will be opened, that they will see how easy it is for some designing, wicked man to spread false reports to raise suspicion and jealousies in the minds of the populace, and enrage them against the innocent, but if guilty, this is not the way to proceed. The laws of our country are open to punish those who have offended. This destroying all peace and comfort and order of the community--all will feel its effects; and all will see how easily the people may be deluded, inflamed and carried away with madness against an innocent man. I pray G.o.d give us better hearts." The Court then adjourned to October 15th.

Why Hutchinson should have fallen into such great disfavor, it is not easy to say. Gordon, a writer of Whig leaning, but a fair minded witness of all that occurred suggests that there were some who still entertaining rancor towards him for doing away with paper money in 1748, for, as we have seen, his position in 1762 on the currency was not popular. Moreover the mob was led on to the house by a secret influence, with a view to the destruction of certain public papers known to be there relating to the grant of the New Plymouth Company on the Kennebec River.[115] Hutchinson himself speaks on having given rise to animosity against him for having taken certain depositions in the interest of government, before him in his character of Chief Justice to which his name was signed. They were purely official acts; for the depositions he had no responsibility whatever, but the unreasoning ma.s.s of the people confused him with others. There was nothing in his course at the time of the Writs of a.s.sistance, at which the people needed to feel aggrieved.

He was with the people in opposing the external taxes, also in disapproving the Stamp Act. Now that they were imposed, he to be sure thought nothing would answer but submission, but certainly in his declaration here he was nothing like so emphatic as James Otis, who still remained the popular idol. Otis had said in May, "It is the duty of all humbly and silently to acquiesce in all the decisions of the supreme legislature." In private talk he was still more vigorous in his utterances. He said to Hallowell, "That Parliament had a right to tax the Colonies, and he was a d----d fool who denied it and that this people never would be quiet till we had a Council from home, till our charter was taken away, and till we had regular troops quartered upon us."[116] Hutchinson had never expressed his thoughts anywhere near so definitely as this.

[115] His. of Am. Rev., Vol. I., p. 180.

[116] John Adams' Diary, Jan. 16, 1776.

The inhabitants of Boston and the Province were generally ashamed of the outrage upon Hutchinson, but the mob still dared to show its hand.

Though in the first rush of feeling many of the rioters were sent to jail, they were afterwards set free. The chief actor seems to have been a shoemaker, named Mackintosh, who, though arrested, was presently discharged; Hutchinson declares this was through the interference of men of good position, who feared that a confession from him would implicate them. Hutchinson's demand of the legislature for compensation for the destruction of his home, was at last effectual. He is said to have received 3,194, 17s. 6d., a fair indemnity. The Act had attached to it for a "rider" pardon to all who had taken part in the disturbance connected with the Stamp Act. Bernard hesitated to sign the Act; but was finally induced to do so by his earnest wish to have Hutchinson receive justice. When the Act was sent to England, the King disallowed it; such lawlessness could not be condoned, even that a faithful official might receive his rights. But the money had been paid before the news of the King's displeasure arrived.

A period of lawlessness now followed. Riots were absolutely unpunished, for no jury would convict the rioters. Governor Bernard wrote that his position was one of utter, and humiliating impotence, and that the first condition of the maintenance of English authority in Ma.s.sachusetts was to quarter a powerful military force at Boston.

Two regiments arrived Sept. 28, 1768. Shortly before their arrival the people gathered together in an immense meeting, and voted that a standing army could not be kept in the province without its consent. On the arrival of the troops everything was done by the people to provoke and irritate them. A perfect reign of terror was directed against all who supported the government. Soldiers could not appear in the streets without being the objects of the grossest insults. A press eminently scurrilous and vindictive was ceaselessly employed in abusing them. They had become as Samuel Adams boasted 'the objects of the contempt even of women, and children.' Every offence they committed was maliciously exaggerated and vindictively prosecuted, while in the absence of martial law, they were obliged to look pa.s.sively on the most flagrant insults to authority. At one time the "Sons of liberty" in a procession a mile and a half long marched around the State House, to commemorate their riots against the Stamp Act, and met in the open fields to chant their "liberty song" and drink "strong halters, firm blocks, and sharp axes, to such as deserve them." At another an informer, who was found guilty of giving information to revenue officers, was seized by a great mult.i.tude, tarred and feathered, and led through the streets of Boston, which was illuminated in honor of the achievement.

A printer who had dared to caricature the champions of freedom was obliged to flee from his house, to take refuge among the soldiers, and ultimately to escape from Boston in disguise. Merchants who had ventured to import goods from England were compelled by mob violence to give them up to be destroyed, or to be re-embarked. A shopkeeper who sold some English goods, found a post planted in the ground with a hand pointing to his door, and when a friend tried to remove it, he was stoned by a fierce mob through the streets. A popular minister delighted his congregation by publicly praying "that the Almighty would remove from Boston the English soldiers."[117]

[117] Lecky's Am. Rev. Chapt. XI., p. 127.

These outrages led to the so-called Boston Ma.s.sacre, more fully described in a previous chapter.[118] None of the mobs of that time of mobs was more brutal and truculent than that which provoked the firing of the group of baited men, standing their ground with steady discipline, among the clubs and missiles resorted to now, to enforce the usual foul and blasphemous abuse. Lieutenant Governor Hutchinson fulfilled at this time with complete adequacy the functions of chief magistrate, for Governor Bernard was at this time in England. Hutchinson was at once in the street, in imminent danger of having his brains dashed out, expostulating, entreating that order might be preserved.[119] It was a fine exhibition of power and courage. His standing in the east balcony of the State House, with the snow reddened beneath by the blood of the killed, with the regiments kneeling in rank ready for street firing, and several thousand of enraged men on the other side on the point of rushing into the fight, he was able to hold both parties in check. His prompt arrest of Captain Preston and the squad which had done the killing, was his full duty; and it is to the credit of the troop that the officer and his men in the midst of the exasperation gave themselves quietly into the hands of the law. Instead of a b.l.o.o.d.y battle, there was subst.i.tuted a well-ordered civil process, due delay being observed that the pa.s.sion of both sides might subside and the evidence, pro and con be calmly weighed. A mild and just verdict was the outcome, to which all submitted. Men they were, all of the same stock, for the time being fallen into antagonism, seeing things differently. All, however, bore themselves like Englishmen, showing the quality which has made the Anglo-Saxon race a mighty one.

[118] Boston Mobs, page 43.

[119] Ma.s.s. A. His. Vol. x.x.xI., p. 491. Witness at the trial of the soldiers said "He stood close behind him, and one of the mob lifted up a large club over my head, and was going to strike, but he seized him by the arm and prevented it."

Since the departure of Bernard there had been no session of the legislature. In March one took place that was the cause of a new dispute between the Lieutenant Governor and the legislature, which was destined to be long and important. It was as to how far the chief magistrate could be bound by royal instruction. Hutchinson says the a.s.sembly was prorogued to meet at Boston March 14th, 1770, but before the time arrived there came a further signification of the King's pleasure that it should be held at Cambridge, unless the Lieutenant Governor had more weighty reasons for holding it at Boston, than those which were mentioned by the Secretary of State against it.[120] On the 15th of March therefore the legislature met in the "Philosophy Room" in Harvard College, in Cambridge.

[120] Hutchinson His. Vol. III., p. 280.

Remonstrances were pa.s.sed by the Council and the House against the removal to which Hutchinson replied "That the King by his prerogative could remove the legislature from the 'Town House in Boston' did not in his mind admit of a doubt and therefore he disregarded the remonstrance." Soon after the Ma.s.sacre, Hutchinson begged the Earl of Hillsborough, the Colonial Secretary, to allow him to resign. He said, "I must humbly pray that a person of superior powers of body and mind may be appointed to the administration of the government of this Province. I shall faithfully endeavor to support such person according to the best of my abilities, and I think it not improbable that I may be capable of doing his Majesty greater service in the Province, even in a private station than at present."[121] Instead of accepting his resignation he was appointed Governor in March, 1771, and his wife's brother-in-law, Andrew Oliver, being at the same time commissioned Lieutenant Governor, and Thomas Flucker Secretary.

[121] M. A. Hist. Vol. XXVI., Mar. 27 to Hillsboro.

At his inauguration while the a.s.sembly and the Congregational ministers were silent, there were many congratulations, among them Harvard College. The students singing in Holden Chapel the anthem, "Thus saith the Lord from henceforth, behold! all nations shall call ye blessed; for thy rulers shall be of thine own kindred, your n.o.bles shall be of yourself, and thy governors shall proceed from the midst of thee."

April 1, 1771, he writes to Colonel Williams of Hatfield. "It's certain all the valuable part of the town have shown me as much respect personally, as in my public character, as I could desire. Two Adamses, Phillips, Hanc.o.c.k, and two or three others, who, with the least reason have been the most injurious, are all of any sort of consideration who stand out."[122] Again on April 19, 1771, in a letter to Hillsboro, referring to the Town Meeting he says, "In these votes, and in most of the public proceedings of the town of Boston, persons of the best character and estate have little or no concern. They decline attending Town Meetings where they are sure of being outvoted by men of the lowest order, all being admitted, and it being very rare that any scrutiny is made into the qualification of voters."[123]

[122] M. A. Hist. Vol. XVII., p. 131.

[123] M. A. Hist. Vol. XXVII., p. 151.

The hopes Hutchinson and the friends of government were never brighter since the troubles began with the government, than in the spring of 1771. Among Hutchinson opponents men like Andrew Eliot, thought "it might be as well not to dispute the legal right of Parliament." Otis too, pursued a strong reactionary course and when on May 29 the legislature met, at his instance, while the remonstrance was pa.s.sed as had become usual, against the removal of the legislature from Boston, the clause was struck out which denied to the crown the right to remove.

The principle so long contended for was then sacrificed, the right of prerogative to infringe the charter at this point was acknowledged, and it would be easy to proceed on the ground that the crown might take what liberties it pleased with the charter. Otis's change was indeed startling. Samuel Adams was going on in the old road, when Otis started up, and said they had gone far enough in that way, the Governor had an undoubted right to carry the court where he pleased, and moved for a committee to represent the inconveniences of sitting there, and for an address to the Governor. He was a good man; the minister said so, and it must be so: and moved to go on with the business, and the House voted everything he moved for.[124]

[124] John Adams' Works, Vol. II., p. 266.

"Serious as was the defection of James Otis that of Hanc.o.c.k was even more so. His wealth, popular manners and some really strong qualities made his influence great. Samuel Adams had exploited Hanc.o.c.k, with all his consummate art ever since his appearance in public life, making him a powerful pillar of the popular cause. Contemptuous allusions to Hanc.o.c.k as little better than an ape, whom Samuel Adams led about according to his will, have come down from those times."[125] Such things were flying in the air and Hanc.o.c.k was feeble enough to be moved by them, if they came to his ears. Whatever may have been the reason, Hanc.o.c.k forsook his old guide, voted with the party of Otis for the acknowledgment of Hutchinson's right to convene the legislature where and when he choose. Hanc.o.c.k's defection at this time from the Whig cause seemed imminent, and when Hutchinson fled to England, three years later and his papers fell into the hands of his enemies, it was found necessary to suppress certain doc.u.ments, belonging to this time as it is supposed they compromised Hanc.o.c.k, who in 1774 was once more firmly on the side of the Colonies.

[125] Hosmer's Life of Thomas Hutchinson p. 213.

Samuel Adams probably never experienced a greater mortification than when, as a member of a committee, he waited, by command of the House, upon Hutchinson to present an address acknowledging the right of the Governor to remove the General Court "to Housantonic in the western part of the Province," if he desired, nor, on the other hand, did the Governor ever enjoy a greater triumph. Hutchinson must have felt that he was even with his chief adversary for the humiliation of the preceding year, the driving out of the regiments. Adams felt his defeat keenly, but gave no sign of it, he saw his influence apparently on the wane, but was as unremitting as ever in his attempts to retrieve lost ground. But for him the revolutionary cause at this time must have gone by the board.

The revulsion was not long in coming. Before Hutchinson had time to restore the repentant legislature to the town house in Boston, the hearts of the members became hardened against him. When it became known that the decision of the king had been made for the support of the Ma.s.sachusetts town officials from the revenue of the Colony by warrants drawn on the Commission of Custom, the wrath of the people became heavy, and the voice of Samuel Adams led the discontented. The Governor was paid 1500 sterling, instead of 1000, annually, which he was paid when dependent on the people. Hutchinson now plainly announced that he should now receive his salary from the King. The House protested in its usual temper, the set of the opposition being so powerful that several of the Loyalists withdrew disheartened. But in the midst of the fault-finding "Sons of Liberty", he received a mark of confidence from the General Court at which he was greatly pleased, as he had a right to be. We have already seen him as the princ.i.p.al figure in settling the boundary lines on the sides of New Hampshire, Rhode Island and Connecticut. The boundary line on the side of New York, not settled in 1767, and still in dispute, were equally in need of adjustment, and although his principles were popularly denounced, and the scheme was already in progress which was to drive him from his native land and deprive him of all his possessions in it, yet none but he could be trusted to undertake the delicate negotiations upon which the welfare of the Province depended.[126]

[126] The details are in Ma.s.s. Archives marked Colonial. Vol. IV. pp.

335-344.

The journal of the proceedings in the handwriting of the Governor, is still extant. With William Brattle, Joseph Hawley, and John Hanc.o.c.k, Hutchinson journeyed to Hartford, where on May 18, 1773, they discussed the matter with Governor Tyron, John Watts, William Smith, R. R.

Livingston, and William Nicoll, Commissioners from New York. The New York men, although more compliant than the negotiators of seven years ago, were still disposed to exact hard concessions, to which all the commissioners but Hutchinson were about prepared to agree. Hutchinson, however, while diplomatic, was unyielding, insisting upon what had been substantially the demand of 1767. At last it was conceded, establishing for all time as a part of the Bay State the beautiful county of Berkshire. This alone should ent.i.tle him to a monument by the State of Ma.s.sachusetts. He alone, it is said, prevented the giving up by Ma.s.sachusetts of her claim to western lands; these were retained and afterwards sold for a large sum.[127]

[127] N. E. His. and Gen Reg., Vol. I., p. 310.

It was a great victory for the Governor, the Ma.s.sachusetts Commissioners had been left free to do what seemed to them best, but they cordially acknowledged that success belonged to him.

On the return to Boston, the legislature was in session and the a.s.sembly authorized him to transmit the settlement to Lord Dartmouth, Secretary of State, at once, without formally laying it before them. They trusted him entirely. Hutchinson with some pride declared that "no previous instance of a like confidence of our a.s.sembly in a Governor can be found in Ma.s.sachusetts history."[128] This transient favor, and trust, aggravated for him the force of the blow he was so soon to receive. How bitter the home coming of Hutchinson was, the following extract from a letter to Sir Francis Bernard, the late Governor will show:

[128] Hutchinson His. Vol. III., p. 391, 392.

June 29, 1773. "After every other attempt to distress me they have at last engaged in a conspiracy which has been managed with infinite art, and succeeded beyond their own expectation. They have buzzed about for three or four months a story of something that would amaze everybody as soon as the elections were over, it was said in the House something would appear in eight and forty hours, which, if improved aright, the Province might be as happy, as it was fourteen or fifteen years ago.

These things were spread through all the towns of the Province, and everybody's expectations were raised. At length upon motion the gallery was ordered to be cleared and the doors shut. Mr. Samuel Adams informed the House that seventeen original letters had been put in his hands, written to a gentleman in England by several persons from New England, with an intention to subvert the const.i.tution. They were delivered to him on condition that they should be returned, not printed, and no copies taken. If the House would receive them on these terms, he would read them. They broke through the pretended agreement, printed the resolves, and then the letters, which effrontery was never known before.

The letters are mere narratives which you well know to be true, as respects remarks upon the Colonies, and such proposals as naturally follow from the principles which I have openly avowed; but by every malversation, which the talents of the party in each House, could produce they have raised the prejudices of the people against me, and it is generally supposed all the writers were concerned in one plan, though I suppose no one of them ever saw or knew the contents of the letters of any others unless by accident."

After three weeks spent, the House resolved to address the King, to remove the Governor and Lieutenant Governor.[129] The name of the person to whom the letters were written was erased from all of them, but they appear to be all Mr. Thomas Whatley's six from the Governor, four from the Lieutenant-Governor, one from Rogers, and one from Auchmuty and the remainder from Rhode Island and Connecticut.

[129] M. A. His. Vol. XXVII., p. 502, etc.

The affair of the Hutchinson Letter created great excitement both in America and England, an affair in which the best men of Ma.s.sachusetts Bay were concerned, including Franklin, then the agent of his native Province, although a citizen then of Pennsylvania; a shade has rested therefrom upon the character of Franklin, which cannot yet be said to have been explained away. Is it creditable that those wary, able men, Franklin, Samuel Adams, Bowdoin, John Adams, Samuel Cooper, and others, really thought the very quiet statements contained "in the letters in which there was no sentiment which the Governor had not openly expressed in his addresses to the Legislature, was a danger and menace to the welfare of the colony?"[130] The only explanation is that they had persuaded themselves that Hutchinson was so dangerous that if conduct thoroughly above board would not answer, he must be cast out by questionable means. Mr. Winthrop justifies their conduct by believing that it may be cla.s.sed among what Burke calls "irregular things done in the confusion of mighty troubles, not to be justified on principle."[130] When the printed copies of the letter arrived in England they excited great astonishment. Thomas Whatley was dead.

William Whatley, his brother, and executor was filled with a very natural consternation, at a theft which was likely to have such important consequences, and for which public opinion was inclined to make him responsible. He in turn suspected a certain Mr. Temple, who had been allowed to look through the papers of his deceased brother, for the purpose of perusing one relating to the colonies, and a duel ensued in which Whatley was severely wounded. Mr. Temple continued to be suspected. A letter of Jan. 4, 1774, says: "Although when they first came abroad his own brother said: Whoever sent them was a d----d villian."[131]

[130] New Eng. Hist. and Gen. Reg. I., p. 307.

[131] Hosmer's Life of Hutchinson, p. 274

Franklin then for the first time, in a letter to a newspaper, disclosed the part he had taken. He stated that "he, and he alone, had obtained and transmitted to Boston the letters in question, that they had never pa.s.sed into the hands of William Whatley, and that, therefore, it was impossible, either that Whatley could have communicated them, or that Temple could have taken them, from his papers." There is some reason to believe that the original owner had left them carelessly in a public office, whence they had been stolen, but the mystery was never decisively solved.

"In England Franklin's conduct was regarded with the utmost severity.

For the purpose of ruining honorable officials it was said, their most confidential letters, written years before to a private member of Parliament, who had at that time no connection with Government, had been deliberately stolen; although the original thief was undiscovered, the full weight of the guilt and dishonor rested upon Franklin. He was perfectly aware that the letters had been written in the strictest confidence, that they had been dishonestly obtained without the knowledge of the person who received them, or the person who wrote them, and that their exposure would be a deadly injury to the writers. Under these circ.u.mstances he sent them to a small group of politicians whom he knew to be the bitterest enemies of the Governor, and one result was a duel in which the brother of the man whose private papers had been stolen, was nearly killed. Any man of high and sensitive honor, it was said, would sooner have put his hand into the fire than have been concerned in such a transaction."[132]

[132] Lecky's Am. Rev., pp. 149, 150.

When the pet.i.tion for the removal of Hutchinson and Oliver arrived the Government referred it to the Committee of the Privy Council that the allegations might be publicly examined with counsel on either side. The case exerted an intense interest which had been rarely paralleled. No less than thirty-five Privy Councillors attended; among the distinguished strangers who crowded the Bar were Burke, Priestley and Jeremy Bentham, Dunning and Lee, who spoke for the pet.i.tioners; they appear to have made no impression; while on the other side Wedderburn, the Solicitor-General, made one of his most brilliant but most virulent speeches, which was received with boundless applause.

After a brief but eloquent eulogy of the character and services of Hutchinson he pa.s.sed to the manner in which the letters were procured, and turning to Franklin, who stood before him he delivered an invective which appeared to have electrified his audience. "How the letters 'came into the possession of anyone but the right owner's,'" he said, "is still a mystery for Dr. Franklin to explain, and they could not have come into his hands by fair means. Nothing will acquit Dr. Franklin of the charge of obtaining them by fraudulent or corrupt means, for the most malignant of purposes, unless he stole them from the person who stole them. I hope, my Lords, you will brand this man for the honor of this country, of Europe, and of mankind.... Into what country will the fabrication of this iniquity hereafter go with unembarra.s.sed face? Men will watch him with a jealous eye. They will hide their papers from him, and lock up their escritoires. Having hitherto aspired after fame by his writings, he will henceforth esteem it a libel to be called a man of letters--_h.o.m.o trium literarum_. But, he not only took away those papers from our brother, he kept himself concealed, till he nearly occasioned the murder of another. It is impossible to read his account, expressive of the coolest, and most deliberate malice, without horror."

[Ill.u.s.tration: BENJAMIN FRANKLIN BEFORE THE PRIVY COUNCIL.