The Writings of Samuel Adams Volume II Part 2

A CHATTERER.

1The succeeding articles of this series were attributed to Adams by George Bancroft. This is confirmed by apparently contemporaneous annotations in the file of the Gazette owned by Harbottle Dorr, at one time a selectman of Boston. At the trial of Capt. Preston in November, 1770, he was drawn as a juror and "challenged for cause." An advertis.e.m.e.nt of his business appears in the Boston Gazette, October 1, 1770.

2August 3, 1770, Ma.s.sachusetts State Papers, pp.249-254.

3May 29, 1766 Ma.s.sachusetts State Papers, p. 75.

4Ma.s.sachusetts State Papers, p. 254.

ARTICLE SIGNED "A CHATTERER."

[Boston Gazette, August 20, 1770.]

"One of the greatest indications of Wisdom that a Prince can show, is to converse with and have about him virtuous and wise Men: But Princes are liable to be deceived; Fraudum sedes aula, was the saying of a Philosopher who understood Courts well.--A good Prince may suffer by employing bad Ministers and Servants."

MESSIEURS PRINTERS,

WE are told in a late reply, that "the offices of Attornies and Sollicitors-General have been for more than fifty years past filled up by persons of the highest reputation for learning and integrity."1 I am apt to think, if we look back we shall find that some of these officers of the crown have been as deficient in learning or integrity, or both, as we know some ministers of state have been. The house of Representatives say, "the province has suffer'd much by their unjust, groundless and illegal opinions"--2 Among other instances of weakness or wickedness in some persons who have filled these offices, I shall only mention one which now occurs to my mind--There is an act of Parliament which exempts seamen from an impress in America: This act was upon several occasions urged by the Americans, and it has been the opinion of attornies and sollicitors general, at different times, that the act was limitted to a time of war, when in truth there was no part or clause whatever in it to justify such opinion.--Well then may it be called a groundless opinion; and if groundless, will any one insist that there was no defect in these instances in point of integrity, if not of learning--Perhaps these opinions may appear to his Honor to be founded upon wise reasons; but others who cannot see the force of these reasons, have a right to think differently; and such a freedom is not likely to bring dishonor upon them--It is enough for those who are dependent upon the great for commissions, pensions, and the like, to preach up implicit faith in the great--Others whose minds are unfettered will think for themselves--They will not blindly adopt the opinions even of persons who are advanced to the first stations in the courts of law and equity, any further than the reasons which they expressly give are convincing.--They will judge freely of every point of state doctrine, & reject with disdain a blind submission to the authority of mere names, as being equally ridiculous, as well as dangerous in government and religion.--It may have been, Messirs.

Printers, too much the practice of late, for some plantation governors, like Verres either ancient or modern, to oppress and plague the people they were bound to protect, and, perhaps in obedience to "orders that have come from secretaries of state"--These orders truly were to be treated with as profound veneration, without the least enquiry into their nature and tendency, as ever a poor deluded Catholic reverenc'd the decree of Holy Father at Rome.--While such a disposition prevailed, O how orderly were the people, how submissive to government! But when once a statute or the const.i.tution was pleaded, which it was as dangerous for the people to look into, as it would be for an Italian, after the example of the n.o.ble Bereans, to search the scriptures, the secretary of state was to be informed that the people were become rebellious; as they said of St. Paul for preaching doctrines opposite to the humour of the Jewish Masters, that he "turned the world upside down"--The whole ministerial cabal was summoned; opinions were called for and taken--and however ludicrous, to say the best of them, those opinions were, if the people did not swallow them down as law & reason, they were told, that the freedom they used with the characters of great men forsooth "would bring dishonor upon them" and standing armies were sent to convince them of the reasonableness of these opinions--I confess that "too great a respect cannot be paid to the honorable part of the profession of the law," but when state-lawyers, attorneys and sollicitors general, & persons advanced to the highest stations in the courts of law, prost.i.tute the honor of the profession, become tools of ministers, and employ their talents for explaining away, if possible the Rights of a kingdom, they are then the proper objects of the odium and indignation of the public.--A very judicious author has observed that "our maladies and dangers have originated chiefly in the errors and misconduct of ministers; who from defect of ability or fidelity, or both, were unequal to the wants of a kingdom: A great genius, infinite knowledge and infinite care, says he, are requisite to form a prime minister; but youth and dissipation, with the trainings of the turf and the gaming table, will now suffice to make a man master of the most difficult trade in the world, without learning it"--Such were the men, under whose Influence Attorneys and Sollicitors General, within these fifty Years past, have held their places, and have even been advanced to the highest Stations in the Courts of Law, without any other recommendation than a servile disposition to prost.i.tute the Law and the Const.i.tution, whenever their Masters should require it of them--Such have been the Men, from whom Orders have come to Governors and Commanders in Chief, civil and military in America! And shall we easily be persuaded to take it for granted that such men are incapable of abusing the high trust reposed in them, and that Orders coming from them are always to be considered as "Significations of the pleasure of the Sovereign."--

Your's,

A CHATTERER.

ARTICLE SIGNED "A CHATTERER."

[Boston Gazette, August 27, 1770.]

MESSIEURS PRINTERS,

I Find in the last Monday's Evening Post,1 a Piece, signed Probus; the Intention of which seems to be, at least in Part, to show that I must be "effectually disappointed in my Attempt to convince the World that I am a greater Scholar than the Lieutenant-Governor of this Province"!

Now upon the Word of a Chatterer, I declare to all my kind Readers, as well as Hearers, that I never did make the least Pretension to Scholarship; and besides, the World must long have been so fully convinced of the "profound Erudition" of the Lieutenant-Governor of this Province, that it would be the highest Degree of Vanity in any Man to think of rivaling him as a Scholar. It was obvious to common Readers that "what comes from the King thro' his Minister, does not come immediately from the King"--And yet every Paper of the 6th of August led us to think that an "Expression in itself repugnant and absurd", had, perhaps thro' Inadvertency, drop't even from a learned Pen--So far was I from "bravely attacking the Word immediately," or "entering into a formal Criticism," or any Criticism at all, that I but barely mentioned it as a "little inaccuracy"; at the same Time making the best Apology I could for it, by saying that as his Honor had a.s.sured us he "had taken one Day only for his Reply" it was rather to be wonder'd at, that we met with so few Imperfections of that kind.

But Probus has rectify'd the Mistake, and Probus has vindicated the Lt. Governor of this Province as a Scholar.--We Chatterers, Messrs.

Printers, have as much Pretension to the Character of the Gentleman, as any such formal and grave kind of folks as Probus: But I did not think myself under any obligation "as a Gentleman or an honest Man" to hunt after the Original, and therefore I have no Acknowlegment to make to any one for "a faulty Neglect in not seeing it before my Publication." I suppos'd, as any one might, that the printed Copies were agreable to the original; and, that our Enemies may not avail themselves of the common Artifice, in representing the Advocates for the People as endeavoring to deceive the public I do again declare, that "in my Conscience I thought the printed Copy to be genuine"; and I hereby bear my Testimony, as far as that will go, against any Abuse being offered to Probus, which, poor Man, he either is, or affects to be under Apprehensions of, for rectifying this Mistake: But as few persons beside his Honor the Pope, lay Claim to Infallibility, upon due Consideration it seemeth not, that I am guilty of such high Crime and Misdeameanour, as by any Rule in Law to be subjected to Indictment or ex officio Information. However, I think it inc.u.mbent on you to suffer your Readers to be advertiz'd, that instead of immediately in his Honor's Reply to the House of Representatives, as published in your Paper of the 6th of August, they ought to read mediately; which may prevent some other Chatterer from rudely attempting to convince the World that he is "a greater Scholar than the Lt. Governor of this Province;" Such an attempt perhaps may otherwise be made at a Distance where Probus may not have it in his Power to set right this notable Mistake--The Word being thus restored, the Pa.s.sage will remain just as liable to the Chatterer's Exception, notwithstanding all that Probus has said, as if it stood as it did; for the whole that was intended, was, to show, that we ought to take the Characters of Ministers of State into Consideration, before we conclude, as his Honor would have us, that every Order from them comes mediately from the Crown, or is a Signification of his Majesty's Pleasure.

There is in the same Evening Post, as well as the Boston Post-Boy & Advertiser,2 & also in the Gazette of Thursday last, an Advertis.e.m.e.nt wherein the same Notice is taken of this a.s.sault and Battery of mine upon the Scholarship of the Lieutenant Governor of this Province--I am sorry that my poor Publication, which seems after all to be of no more Significancy in their Opinion than "a Man of Straw" has given so great Uneasiness to some of his Honor's Friends--This Advertiser indirectly chargeth me with Indecency in "undertaking to answer a Governor's Message." Now I did not undertake to anwer a Governor's Message; and to speak plain, I did not think it worth while to undertake it--I believe I am not alone in the Opinion, that some messages might easily be answered, & possibly each in "one Day only": But if I had undertaken it, where in the Name of common sense would have been the Indecency of it? I know very well that it has been handed as a political Creed of late, that the Reasoning of the People without Doors is not to be regarded--But every "transient Person" has a Right publickly to animadvert upon whatever is publickly advanc'd by any Man, and I am resolv'd to exercise that Right, when I please, without asking any Man's Leave--And moreover, I am free to say, that if ever a Governor's Message should happen to be below the Attention of a Scholar, no Person can more aptly take Notice of it, that I know of, than

A CHATTERER.

1The Boston Evening Post, published by T. & J. Fleet.

2The Ma.s.sachusetts Gazette and Boston Post-Boy Advertiser, published by Mills and Hicks.

THE HOUSE OF REPRESENTATIVES OF Ma.s.sACHUSETTS TO BENJAMIN FRANKLIN.1

[Boston Gazette, July 22, 1771: a text is printed in Papers Relating to Public Events in Ma.s.sachusetts, Philadelphia, 1856, 169-177.]

PROVINCE OF Ma.s.sACHUSETTS-BAY NOV. 6, 1770.

SIR,

The House of Representatives of this his Majesty's province, having made choice of you to appear for them at the court of Great Britain, as there may be occasion; it is necessary that you be well informed of the state and circ.u.mstances of the province, and the grievances we labor under, the redress of which will require your utmost attention and application.

You are sensible that the British parliament have of late years thought proper to raise a revenue in America without our consent, by divers acts made expressly for that purpose; The reasons and grounds of our complaints against those acts, are so well known and understood by you, that it is needless for us to mention them at this time.

The measures that have been taken by the American a.s.semblies, to obtain the repeal of these acts, tho' altogether consistent with the const.i.tution, and clearly within the bounds of the Subjects Rights, have been nevertheless disgustful to administration; to whom we have been constantly represented by the servants of the crown and others on this side the water, in the most disagreeable and odious light.

Whether this province has been considered as having a lead among the other colonies, which they have never affected, or whether it is because Governor Bernard, the Commissioners of the Customs and others, who have discovered themselves peculiarly inimical to the Colonies, have had their residences here, certain it is, that the resentment of government at home has been particularly pointed against this province: For it is notorious that we have been charged with taking inflammatory measures, tending to create unwarrantable combinations, to excite an unjustifiable opposition to parliament, and revive unhappy divisions among the Colonies; and we have frequently been censured as disobedient to government for parts of conduct which have been in no wise dissimular to those which have been taken by other colonies without the least censure or observation.

While administration appeared to have conceived undue prejudices against us, our enemies have not failed to take every measure to increase those prejudices; and particularly by representing to the King's ministers, that a spirit of faction had so greatly and universally prevailed among us, as that government could not be supported, and it was unsafe for the officers of the crown to live in the province and execute their trusts, without the protection of a military force: Such a force they at length obtained; the consequence of which was a scene of confusion & distress for the s.p.a.ce of seventeen months, which ended in the blood and slaughter of his Majesty's good subjects.

It was particularly mortifying to us to see the whole system of civil authority in the province, yielding to this most dangerous power; and at the very time when the interposition of the civil magistrate was of the most pressing necessity, to check the wanton and b.l.o.o.d.y career of the military, the Lieutenant-Governor himself declared, as Governor Bernard had before, that "he had no authority over the King's troops in the province," and his Majesty's representative in Council became an humble supplicant for their removal out of the town of Boston! What would be the feelings of our fellow-subjects in Britain, if contrary to their Bill of Rights, and indeed to every principle of civil government, soldiers were posted even in their captial, without the consent of their Parliament? And yet the subjects of the same Prince in America who are ent.i.tled to the same freedom, are compelled to submit to as great a military power as administration shall please to order to be posted among them in a time of profound peace, without the consent of their a.s.semblies! And this military power is allowed to trample upon the laws of the land, the common security, without restraint! Such an instance of absolute uncontroul'd military tyranny must needs be alarming, to those who have before in some measure enjoy'd, and are still ent.i.tled to the blessings of a free government, having never forfeited the character of loyal subjects.--After the fatal tragedy of the fifth of March, the regiments under the command of Lieut. Colonel Dalrymple were removed from the Town of Boston to the Barracks on Castle Island, in consequence of a pet.i.tion from the town to the Lieutenant Governor and his Prayer to the Colonel; since which, in pursuance of Instruction to the Lieut. Governor, the garrison there in the pay of the province, is withdrawn, and a garrison of his Majesty's regular troops placed in their stead. And although this exchange is made ostensively by the immediate order of the lieutenant-governor, yet it appears by the inclosed depositions, that Col. Dalrymple in reality took the custody and government of the fortress by order of general Gage; and therefore the lieutenant governor has no longer that command, which he is vested with by the royal charter.

We cannot help observing upon this occasion, that the instructions which have of late been given to the governor, some of them at least, directly militate, as in the present instance, with the charter of the province; And these instructions are not always adapted to promote his Majesty's service, or the good of the people within this province, but often appear to be solely calculated to further and execute the measures, and enforce the laws of a different state; by which means his Majesty's colonies may be entirely subjected to the absolute will of his other subjects in Great Britain, for which there can be no pretence of right, but what is founded in mere force.--By virtue of their positive instructions, the general a.s.sembly of the province has been remov'd from its ancient establish'd and only convenient seat in Boston, and is still obliged to hold its session at Harvard College in Cambridge, to the great inconvenience of the members and injury of the people, as well as detriment of that seminary of learning, without any reason that can be a.s.signed but will and pleasure: And thus the prerogative of the King, which is a trust reposed in him to be improved only for the welfare of his subjects, is perverted to their manifest injury.

And what is still more grievous is, that the Governor of the province is absolutely inhibited, as we are told, from laying before the a.s.sembly any instruction, which he receives, even such as carry in them the evident marks of his Majesty's displeasure: By which means the House of Representatives cannot have it in their power to obtain here, that precise knowledge of the grounds of our Sovereign's displeasure, which we are in reason and justice ent.i.tled to, nor can the ministry be made responsible for any measures they may advise to in order to introduce and establish an illegal and arbitray government over his Majesty's subjects in the colonies.--We have an instance of this kind now before us; the Lt. Governor of the province having in his speech at the opening of this session, given a dark intimation of something intended against the province, and when the House of Representatives earnestly desired him to explain it, that they might have a clear understanding of what was inteded therein, he declared as he had before done in other like cases, that he was not at liberty to make public or to communicate by speech or message an order from his Majesty in council which he had received, although in consequence thereof the state of the province was to be laid before parliament. By such conduct in the ministry it appears that we may be again accus'd and censur'd by parliament as we have heretofore been, and perhaps suffer the greatest injury without knowing our accusers or the matters that may be alleg'd against us.

At the same time, by an order of parliament that the names of persons giving intelligence to the ministry which may at any time be laid before parliament, shall be made secret even to the members themselves, the greatest encouragement is given to persons inimical to the province, to send home false relations of speeches and proceedings in public a.s.semblies, and elsewhere, containing injurious charges upon individuals as well as publick bodies: Some of which have been transmitted home under the seal of the province, without the least notice given to those individuals, or any but the few in the secret to attend and cross-examine such witnesses. Thus even parliament itself may be misled into measures highly injurious and destructive to the province, by the calumny and detraction of those who are not and cannot be known, and whose falsehoods cannot therefore be detected.--So wretched is the state of this province, not only to be subjected to absolute instructions, given to the governor to be the rule of his administration, whereby some of the most essential clauses of our charter, vesting in him powers to be exercis'd for the good of the people are totally rescinded, which in reality is a state of despotism; but also, to a standing army, which being uncontroul'd by any authority within the province, must soon tear up the very, foundations of civil government.

Moreover we have the highest reason to complain that since the late parliamentary regulations of the colonies, the jurisdiction of the court of admiralty has been extended to so enormous a length, as itself to threaten the very being of the const.i.tution: By the statute 4th Geo. 3 chap. 15, "All forfeitures and penalties inflicted by this or any other act of parliament relating to the trade and plantations in America which shall be incur'd there, may be prosecuted, sued for and recovered in any court of admiralty in the said colonies." Thus a single judge, independent of the people, and in a civil law court, is to try these extraordinary forfeitures and penalties without a jury: Whereas the same stature provides, that all penalties and forfeitures which shall be incurred in Great Britain, shall be prosecuted, sued for and recovered in any of his Majesty's courts of record, in Westminster or in the court of exchequer in Scotland respectively.

Here is the most unreasonble and unjust distinction, made between the subjects in Britain and America; as tho' it were designed to exclude us from the least share in that clause of Magna-Charta, which has for many centuries been the n.o.blest bulwark of the English liberties, & which cannot be too often repeated; "No freeman shall be taken or imprison'd or disseiz'd of his freehold, or liberties, or free customs, or be outlaw'd, or exil'd, or any otherwise destroyed, nor will we pa.s.s upon him nor condemn him, but by the judgment of his peers or the law of the land."

These are some of the insupportable grievances which this province has long been laboring under, and which still remain altogether unredressed: For although they have been set forth in the clearest manner by humble pet.i.tions to the throne, yet such an ascendency over us have the officers of the crown here in the minds of administration, that our complaints are scarcely heard; our very pet.i.tions are deemed factious, and instead of obtaining any relief, our oppressions have been more aggravated, & we have reason to apprehend will be still increased.

For by the best intelligence from England, we are under strong apprehensions that by virtue of an act of parliament of the 7 Geo.3.2 which impowers his Majesty to appropriate a part of the revenue raised in America, for the support of civil government, and the administration of justice in such colonies where he shall judge it necessary, administration is determined to bestow large salaries upon the attorney-general, judges and governor of this province; whereby they will be made not only altogether independent of the people, but wholly dependent upon the ministry for their support. These appointments will be justly obnoxious to the other colonies, and tend to beget and keep up a perpetual discontent among them; for they will deem it unjust as well as unnecessary to be oblig'd to bear a part of the support of government in this province, and even in the courts of law; especially if designs are also meditating to make other important alterations in our Charter, by appointing the Council from home, &c.

whereby the executive will be rendered absolute, and the legislative totally ineffectual to any valuable purpose. The a.s.sembly is in all reason sufficiently dependent already upon the Crown: The one branch annually for its being, as it is subject to the negative of the Governor; and both the branches for every grant and appropriation of their money, and also for their whole defence and security, as he is Captain-General, and has by Charter the sole military command within the province: All civil officers are either nominated and appointed by him with the advice and consent of his Majesty's Council, or if elected they are subject to his negative: And our laws, after being consented to by his Majesty's Governor, are by the first opportunity from the making thereof, to be transmitted to his Majesty for his approbation or disallowance: Three years they are subject to the revision of the crown lawyers in Britain, who my always be strangers to our internal polity, & sometimes disaffected to us: And at any time within the three years, His Majesty in his privy council may, if he thinks proper, reject them, and then they become utterly void. Surely the parliament of Great Britain cannot wish for greater checks, both upon the legislative and executive of a colony, unless we are to be considered as b.a.s.t.a.r.ds and not Sons.--A step further will reduce us to absolute subjection. If administration is resolved to continue such measure of severity, the colonies will in time consider the mother-state as utterly regardless of their welfare: Repeated acts of unkindness on one side, may by degrees abate the warmth of affection on the other, and a total alienation may succeed to that happy union, harmony and confidence, which has subsisted, and we sincerely wish may always subsist: If Great Britain, instead of treating us as their fellow-subjects, shall aim at making us their va.s.sals and slaves, the consequence will be, that although our merchants have receded from their non-importation agreement, yet the body of the people will vigorously endeavor to become independent of the mother-country for supplies, and sooner than she may be aware of it, will manufacture for themselves. The colonists, like healthy young sons, have been chearfully building up the parent state, and how far Great Britain will be affected, if they should be rendered even barely useless to her, is an object which we conceive is at this very juncture worth the attention of a British Parliament.

Your own acquaintance with this province, and your well known attachment to it, will lead you to exert all your powers in its defence: And as the Council have made choice of William Bollan, Esq; for their agent, you will no doubt confer with him, and concert such measures as will promote our common interest: Your abilities we greatly confide in; but if you shall think it for the advantage of the province to consult with and employ council learned in the law, the importance of your agency will be a motive sufficient for us to acquiesce in such expence on that account, as your own judgment shall dictate to you to be necessary.

Included are the proceedings of his Majesty's Council of this province, upon an affidavit of Mr. Secretary Oliver, which this House apprehend has a tendency to make a very undue impression on the minds of his Majesty's ministers and others, respecting the temper and disposition of the people, previous to the tragical transaction of the fifth of March last: You are therefore desired to make such use of them as shall prevent such unhappy consequences from taking effect.

1Attributed to Adams by Governor Hutchinson. Hutchinson to Pownall; Public Record Office, Domestic Geo. III., 11:25. Franklin's reply, addressed to the Speaker of the House of Representatives under date of December 24, 1770, is in J. Bigelow, Complete Works of Benjamin Franklin vol. iv., pp. 371-373.

2Chap. 46.

TO STEPHEN SAYRE.1

[MS., Samuel Adams Papers, Lenox Library.]

BOSTON NOVr 16 1770

SIR,

I should before now have acknowledgd your favor of the 5 June,2 but my being obligd to attend the Session of the General Court for 7 weeks3 & other necessary Avocations prevented it. I return the Letters signd Junius America.n.u.s deliverd to me by Mr Cary,4 by your direction to be a valueable present. The Author has servd the American Cause in a manner in which I have long wishd some able pen would have undertaken to do it by appealing to the good Sense of the Body of the Nation. I believe the general Inclination there is to wish that we may preserve our Liberties; and perhaps even the Ministry could for some Reasons find it in their hearts to be willing that we shd be restord to the State we were in before the pa.s.sing of the Stamp Act, were it not that a Set of detestable Men were continually writing from hence that we shd carry our Claims still higher & there wd be no Bounds to our Demands. I can venture to a.s.sure you that there is no Foundation for such a.s.sertions, nor do I think they are really believd by any. The People here are indeed greatly tenacious of their just Rights & I hope in G.o.d they will ever firmly maintain them. Every Attempt to enforce the plan of Despotism will certainly irritate them; While they have a Sense of freedom they will oppose the Efforts of Tyranny; and altho the Mother Country may at present boast of her Superiority over them, she may perhaps find the Want of that Superiority, when by repeated provocations she shall have totally lost their Affections.--All Good Men surely wish for a cordial Harmony between the two Countrys. Great Britain can lose Nothing which she ought to retain by restoring the Americans to their former State, & they I am satisfied will no further contend; While the Struggle continues Manufactures will still increase in America in spite of all Efforts to prevent it; & how far Britain will be injurd by it, ought certainly to be well considerd on your side the Atlantick.