We are at length arrived at the paper,1 on which I made a few strictures, some weeks ago: these I shall not repeat, but proceed to consider the other part of it.

We are told “It is an universal truth, that he that would excite a rebellion, is at heart, as great a tyrant as ever weilded the iron rod of oppression.” Be it so: We are not exciting a rebellion. Opposition, nay open, avowed resistance by arms, against usurpation and lawless violence, is not rebellion by the law of God, or the land. Resistance to lawful authority makes rebellion. Hampden, Russell, Sydney, Somers, Holt, Tillotson, Burnet, Hoadley,2 &c. were no tyrants nor rebels, altho' some of them were in arms, and the others undoubtedly excited resistance, against the tories. Don't beg the question, Mr. Massachusettensis, and then give yourself airs of triumph. Remember the frank Veteran acknowledges, that “the word rebel is a convertible term.”3

This writer next attempts to trace the spirit of opposition, through the general court, and the courts of common law. “It was the policy of the whigs, to have their questions upon high matters determined by yea and nay votes, which were published in the gazettes.” And ought not great questions to be so determined? In many other assemblies, New-York particularly, they always are. What better way can be devised to discover the true sense of the people? It is extreamly provoking to courtiers, that they can't vote, as the cabinet direct them, against their consciences, the known sense of their constituents, and the obvious good of the community, without being detected. Generally, perhaps universally, no unpopular measure in a free government, particularly the English, ought ever to pass. Why have the people a share in the legislature, but to prevent such measures from passing, I mean such as are disapproved by the people at large? But did not these yea and nay votes, expose the whigs as well as tories to the impartial judgment of the public? If the votes of the former were given for measures injurious to the community, had not the latter an equal opportunity of improving them to the disadvantage of their adversaries in the next election? Besides, were not those few persons in the house, who generally voted for unpopular measures, near the governor, in possession of his confidence? Had they not the absolute disposal in their towns and counties of the favours of government? 270Were not all the judges, justices, sheriffs, coroners and military officers in their towns, made upon their recommendation? Did not this give them a prodigious weight and influence? Had the whigs any such advantage? And does not the influence of these yea and nay votes, consequently prove to a demonstration, the unanimity of the people, against the measures of the court?

As to what is said of “severe strictures, illiberal invectives, abuse and scurrility, upon the dissentients,” there was quite as much of all these published against the leading whigs. In truth, the strictures, &c against the tories were generally nothing more than hints at the particular place or office, which was known to be the temptation to vote against the country. That “the dissentient was in danger of losing his bread and involving his family in ruin” is equally injurious. Not an instance can be produced, of a member, losing his bread, or injuring his business, by voting for unpopular measures. On the contrary, such voters never failed to obtain some lucrative employment, title or honorary office, as a reward from the court.

If “one set of members in committee, had always prepared the resolves,” &c. which they did not, what would this prove, but that this set was thought by the house the fittest for the purpose? Can it ever be otherwise? Will any popular assembly chuse its worst members for the best services? Will an assembly of patriots chuse courtiers to prepare votes against the court? No resolves against the claims of parliament or administration, or the measures of the governor, (excepting those against the stamp act, and perhaps the answers to governor Hutchinson's speeches upon the supremacy of parliament) ever passed through the house, without meeting an obstacle. The governor had to the last hour of the house's existence, always some seekers and expectants in the house, who never failed to oppose, and offer the best arguments they could, and were always patiently heard. That the lips of the dissentients were sealed up: that they sat in silence, and beheld with regret, measures they dar'd not oppose, are groundless suggestions, and gross reflections upon the honour or courage of those members. The debates of this house were public, and every man who has attended the gallery knows there never was more freedom of debate, in any assembly.

Massachusettensis, in the next place, conducts us to the agent,4 and tells us “there cannot be a provincial agent without an appointment by the three branches of the assembly. The whigs soon found that they could not have such services rendered them, from a provincial agent as would answer their purposes.”

The treatment this province has received, respecting the agency, since Mr. Hutchinson's administration commenced, is a flagrant example of injustice. There is no law, which requires the province to maintain any agent in England, much less is there any reason which necessarily requires, that the three branches should join in the appointment. In ordinary times, indeed, when a harmony prevails among the branches, it is well enough to have an agent constituted by all: But in times when the foundations of the constitution are disputed, and certainly attacked, by one branch or the other, to pretend that the house ought to join the governor in the choice, is a palpable absurdity. It is equivalent to saying that the people shall have no agent at all; that all communication between them and their sovereign shall be cut off; and that there shall be no channel through which complaints and petitions may be conveyed to the royal ear; because a governor will not concur in an agent whose sentiments are not like his; nor will an agent of the governor's appointment be likely to urge accusations against him with any diligence or zeal, if the people have occasion to complain against him.

Every private citizen, much more every representative body, have an undoubted right to petition the king; to convey such petition by any agent, and to pay him for his service. Mr. Bernard, to do him justice, had so much regard to these principles, as to consent to the payment of the people's agents while he staid. But Mr. Hutchinson was scarcely seated in the chair as lieut. governor, before we had intelligence from England, that my lord Hillsborough told Dr. Franklin, he had received a letter from governor Hutchinson, soliciting an instruction against consenting to the salary of the agent. Such an instruction was accordingly soon sent, and no agent for the board or house, has received a farthing for services since that time, although Dr. Franklin and Mr. Bollan have taken much pains, and one of them expended considerable sums of money. There is a meanness in this play that would disgrace a gambler. A manifest fear that the truth should be known to the sovereign or the people. Many persons have thought that the province ought to have dismiss'd all agents from that time, as useless and nugatory, this behaviour amounting to a declaration, that we had no chance or hopes of justice from such a minister.

But this province, at least as meritorious as any, has been long accustomed to indignities and injustice, and to bear both with unparallelled patience. Others, have pursued the same method before and since, but we have never heard that their agents are unpaid. They would scarcely have born it with so much resignation.

It is great assurance to blame the house for this, which was both their right and duty: but a stain in the character of his patron, which will not be soon worn out. Indeed this passage seems to have been bro't in, chiefly for the sake of a stroke or two addressed to the lowest and meanest of the people: I mean the insinuation that the two Agents doubled the Expence, which is as groundless as it is contracted; and that the ostensible agent for the province was only agent for a few individuals, that had got the art of wielding the house; and that several hundreds sterling a year, for attending levees and writing letters were worth preserving. We, my friends, know that no members have the art of wielding us or our house, but by concurring in our principles, and assisting us in our designs. Numbers in both houses have turn'd about and expected to wield us round with them; but they have been disappointed, and ever will be. Such apostates have never yet fail'd of our utter contempt, whatever titles, places or pensions they might obtain.

The agent has never ecchoed back, or transmitted to America, any sentiments, which he did not give in substance to governor Shirley twenty years ago; and therefore this insinuation is but another slander. The remainder of what is said of the agency is levell'd at Dr. Franklin, and is but a dull appendix to Wedderburn's ribaldry,5 having all his malice without any of his wit or spirit. Nero murdered Seneca that he might pull up virtue by the roots, and the same maxim governs the scribblers, and speechifyers, on the side of the minister. It is sufficient to discover that any man has abilities and integrity, a love of virtue and liberty; he must be run down at all events. Witness Pitt and Franklin and too many others.

My design in pursuing this malicious slanderer, concealed as he is under so soft and oily an appearance, through all the doublings of his tedious course, is to vindicate this Colony from his base aspersions; that strangers now among us, and the impartial public, may see the wicked arts which are still employed against us. After the vilest abuse upon the agent of the province and the house that appointed him, we are brought to his Majesty's Council, and are told that “the whigs reminded them of their mortality—if any one opposed the violent measures, he lost his Election next May. Half the whole number mostly men of the first families, note, abilities, attached to their native country, wealthy and independent, were tumbled from their seats in disgrace. Thus the Board lost its weight, and the political balance was destroyed.”

It is impossible for any man acquainted with this subject to read 273this zealous rant, without smiling, until he attends to the wickedness of it, which will provoke his utmost indignation. Let us however consider it soberly.

From the date of our charter, to the time of the Stamp Act, and indeed since that time (notwithstanding the misrepresentations of our charter constitution, as too popular and republican) the council of this province have been generally on the side of the governor and the prerogative. For the truth of this, I appeal to our whole history and experience. The art and power of governors, and especially the negative, have been a stronger motive on the one hand, than the annual election of the two houses on the other. In disputes between the governor and the house, the council have generally adhered to the former, and in many cases have complied with his humour when scarcely any council by mandamus, upon this continent, would have done it.

But in the time of the Stamp Act, it was found productive of many mischiefs and dangers, to have officers of the crown, who were dependent on the ministry, and judges of the superior court whose offices were thought incompatible with a voice in the legislature, members of council.

In May 1765, Lt. Gov. Hutchinson, Sec. Oliver, and Mr. Belcher were officers of the crown, the judges of the superior court, and some other gentlemen who held commissions under the governor, were members of council. Mr. Hutchinson was chief justice and a judge of probate for the first county, as well as lieut. governor, and a counsellor, too many offices for the greatest and best man in the world to hold, too much business for any man to do; besides, that these offices were frequently clashing and interfering with each other. Two other justices of the superior court were councilors, and nearly and closely connected with him by family alliances. One other justice was judge of admiralty during pleasure. Such a jumble of offices, never got together before in any English government. It was found in short, that the famous triumvirate, Bernard, Hutchinson and Oliver, the ever memorable, secret, confidential letter writers, whom I call the junto, had by degrees, and before people were aware of it, erected a tyranny in the province. Bernard had all the executive, and a negative on the legislative; Hutchinson and Oliver, by their popular arts and secret intrigues, had elevated to the board, such a collection of crown officers, and their own relations, as to have too much influence there: and they had three of a family on the superior bench, which is the supreme tribunal in all causes civil and criminal, vested with all the powers of the king's bench, common pleas and exchequer, 274which gave them power over every act of this court. This junto therefore had the legislative and executive in their controul, and more natural influence over the judicial, than is ever to be trusted in any set of men in the world. The public accordingly found all these springs and wheels in the constitution set in motion to promote submission to the stamp act, and to discountenance resistance to it; and they thought they had a violent presumption, that they would forever be employed to encourage a compliance with all ministerial measures and parliamentary claims, of whatever character they might be.

The designs of the junto, however, were concealed as carefully as possible. Most persons were jealous; few were certain. When the assembly met in May 1766, after the stamp-act was repealed, the whigs flattered themselves with hopes of peace and liberty for the future. Mr. Otis, whose abilities and integrity; whose great exertions and most exemplary sacrifices of his private interest to the public service, had intitled him to all the promotion which the people could bestow, was chosen speaker of the house. Bernard negatived the choice. It can scarcely be conceived by a stranger, what an alarm this manoeuvre gave to the public. It was thought equivalent to a declaration, that altho' the people had been so successful as to obtain a repeal of the stamp-act, yet they must not hope to be quiet long, for parliament, by the declaratory act, had asserted its supreme authority, and new taxations and regulations should be made, if the junto could obtain them: and every man who should dare to oppose such projects, let his powers, or virtues, his family or fortune be what they would, should be surely cut off from all hopes of advancement. The electors thought it high time to be upon their guard. All the foregoing reasons and motives prevailed with the electors; and the crown officers and justices of the superior court, were left out of council in the new choice. Those who were elected in their places were all negatived by Bernard, which was considered as a fresh proof, that the junto still persevered in their designs of obtaining a revenue, to divide among themselves.

The gentlemen elected anew, were of equal fortune and integrity, at least, and not much inferior in abilities to those left out, and indeed, in point of fortune, family, note or abilities, the councils which have been chosen from that time to this, taken on an avarage, have been very little inferior, if any, to those chosen before. Let Massachusettensis descend if he will to every particular gentleman by name through the whole period, and I will make out my assertion.

Every impartial Person, will not only think these reasons a full 275vindication of the conduct of the two Houses, but that it was their indispensable duty to their country, to act the part they did; and the course of time, which has develloped the dark intrigues of the junto, before and since, has confirmed the rectitude and necessity of the measure. Had Bernard's principles of polity been published and known at that time, no member of the house, who should have voted for any one of the persons then left out, if it was known to his constituents, would ever have obtained another election.

By the next step we rise to the chair. “With the board, the chair fell likewise”, he says. But what a slander is this? Neither fell: both remained in as much vigour as ever. The junto it is true, and some other gentlemen who were not in their secret, but however had been misled to concur in their measures, were left out of council. But the board had as much authority as ever. The board of 1766 could not have influenced the people to acknowledge the supreme uncontroulable authority of parliament, nor could that of 1765, have done it. So that by the chair, and the boards falling, he means no more, if his meaning has any truth in it, than that the junto fell, the designs of taxing the colonies fell, and the schemes for destroying all the charters on the continent and for erecting Lordships fell. These it must be acknowledged fell very low indeed, in the esteem of the people, and the two houses.

“The Governor,” says our wily writer, “could do little or nothing without the Council by the Charter”—“if he call'd upon a military officer to raise the militia, he was answered they were there already,” &c. The Council by the Charter, had nothing to do with the militia. The Governor alone had all authority over them. The council therefore are not to blame for their conduct. If the militia refuse obedience to the Captain General, or his subordinate officers, when commanded to assist in carrying into execution the Stamp Act, or in dispersing those who were opposing it, does not this prove the universal sense and resolution of the people not to submit to it? Did not a regular army do more to James the second? If those, over whom the governor had the most absolute authority and decisive influence, refused obedience, does not this shew how deeply rooted in all mens minds was the abhorrence of that unconstitutional power, which was usurping over them? “If he called upon the Council for their assistance, they must first enquire into the cause.” An unpardonable crime, no doubt! But is it the duty of a middle branch of legislature, to do as the first shall command them, implicitly, or to judge for themselves? Is it the duty of a privy council, to understand the subject before 276they give advice, or only to lend their names to any edict, in order to make it less unpopular? It would be a shame to answer such observations as these, if it was not for their wickedness. Our Council, all along, however, did as much as any Council could have done. Was the Mandamus Council at New-York able to do more, to influence the people to a submission to the Stamp act? Was the Chair, the Board, the Septennial House,6 with the assistance of General Gage and his troops, able to do more, in that city, than our branches did in this province? Not one Iota. Nor could Bernard, his Council, and House, if they had been unanimous, have induced submission. The people would have spurned them all, for they are not to be wheedled out of their liberties by their own Representatives, any more than by strangers. “If he wrote to government at home to strengthen his hands, some officious person procured and sent back his letters.” At last it seems to be acknowledged, that the governor did write for a military force, to strengthen government. For what? To enable it to enforce Stamp acts, Tea acts, and other internal regulations, the authority of which, the people were determined never to acknowledge.

But what a pity it was that these worthy gentlemen could not be allowed, from the dearest affection to their native country, to which they had every possible attachment, to go on in profound confidential secrecy, procuring troops to cut our throats, acts of parliament to drain our purses and destroy our charters and assemblies, getting estates and dignities for themselves and their own families, and all the while most devoutly professing to be friends to our charter, enemies to parliamentary taxation, and to all pensions, without being detected? How happy! if they could have annihilated all our charters, and yet have been beloved, nay deified by the people, as friends and advocates for their charters? What masterly politicians! to have made themselves nobles for life, and yet have been thought very sorry that the two houses were deprived of the privilege of choosing the Council? How sagacious, to get large pensions for themselves, and yet be thought to mourn, that pensions and venality were introduced into the country? How sweet and pleasant! to have been the most popular men in the community, for being stanch and zealous dissenters, true-blue calvinists, and able advocates for public virtue and popular government, after they had introduced an American Episcopate, universal corruption among the leading men, and deprived the people of all share in their supreme legislative council? I mention an Episcopate, for altho' I don't know that Gov's. Hutchinson and Oliver ever directly solicited for Bishops, yet they must have seen, that there 277would have been one effect, very soon, of establishing the unlimitted authority of parliament!

I agree with this writer, that it was not the persons of Bernard, Hutchinson or Oliver, that made them obnoxious; but their principles and practices. And I will agree, that if Chatham, Campden and St. Asaph (I beg pardon for introducing these revered names into such company, and for making a supposition which is absurd) had been here, and prosecuted such schemes, they would have met with contempt and execration from this people. But when he says, “that had the intimations in those letters been attended to, we had now been as happy a people as good government could make us,” it is too gross to make us angry. We can do nothing but smile. Have not these intimations been attended to? Have not fleets and armies been sent here, whenever they requested? Have not Governors, Lt. Governors, Secretaries, Judges, Attorney Generals and Solicitor Generals salaries been paid out of the revenue as they solicited? Have not taxes been laid, and continued? Have not English Liberties been abridged as Hutchinson desired? Have not “penalties of another kind” been inflicted, as he desired? Has not our Charter been destroyed, and the Council put into the King's hands, as Bernard requested? In short, almost all the wild mock pranks of this desperate triumverate have been attended to and adopted, and we are now as miserable as Tyranny can well make us. That Bernard came here with the affections of New Jersey, I never heard nor read, but in this writer. His abilities were considerable, or he could not have done such extensive mischief. His true British honesty and punctuality, will be acknowledged by none but such as owe all their importance to flattering him.

That Hutchinson was amiable and exemplary, in some respects, and very unamiable and unexemplary, in others, is a certain truth: otherwise he never would have retained so much popularity on one hand, nor made so pernicious a use of it on the other. His behavior, in several important departments, was with ability and integrity, in cases which did not affect his political system, but he bent all his offices to that. Had he continued stedfast to those principles in religion and government, which in his former life he professed, and which alone had procured him the confidence of the people and all his importance, he would have lived and died, respected and beloved, and have done honor to his native country. But by renouncing these principles and that conduct, which had made him and all his ancestors respectable, his character is now considered by all America, and the best part of the three kingdoms, notwithstanding the coun-278tenance he receives from the ministry, as a reproach to the province that gave him birth, as a man who by all his actions aimed at making himself great, at the expence of the liberties of his native country. This gentleman was open to flattery, in so remarkable a degree, that any man who would flatter him was sure of his friendship, and every one who would not, was sure of his enmity. He was credulous, in a ridiculous degree, of every thing that favoured his own plans, and equally incredulous of every thing which made against them. His natural abilities which have been greatly exaggerated by persons whom he had advanced to power, were far from being of the first rate. His industry was prodigious. His knowledge lay chiefly in the laws and politicks and history of this province, in which he had a long experience. Yet with all his advantages, he never was master of the true character of his native country, not even of New England and the Massachusetts Bay. Through the whole troublesome period since the last war, he manifestly mistook the temper, principles, and opinions of this people. He had resolved upon a system, and never could or would see the impracticability of it.

It is very true that all his abilities, virtues, interests and connections, were insufficient; but for what? To prevail on the people to acquiese in the mighty claim of parliamentary authority. The constitution was not gone. The suggestion that it was is a vile slander. It had as much vigor as ever, and even the governor had as much power as ever, excepting in cases which affected that claim. “The spirit” says this writer “was truly republican.” It was not so in any one case whatever; any further than the spirit of the British constitution is republican. Even in the grand fundamental dispute, the people arranged themselves under their house of representatives and council, with as much order as ever, and conducted their opposition as much by the constitution as ever. It is true their constitution was employed against the measures of the junto, which created their enmity to it. However I have not such an horror of a republican spirit, which is a spirit of true virtue, and honest independence, I don't mean on the king, but on men in power. This spirit is so far from being incompatible with the British constitution, that it is the greatest glory of it, and the nation has always been most prosperous when it has most prevailed and been most encouraged by the crown. I wish it increased in every part of the world, especially in America; and I think the measures the Tories are now pursuing, will increase it to a degree that will insure us in the end redress of grievances and an happy reconciliation with Great Britain.

“Governor Hutchinson strove to convince us, by the principles of government, our charters and acknowledgments, that our claims were inconsistent with the subordination due to Great Britain,” &c. says the writer.

Suffer me to introduce here, a little history. In 1764, when the system of taxing and new moddling the colonies was first apprehended, Lieut. Governor Hutchinson's friends struggled in several successive sessions of the General Court, to get him chosen agent for the province at the court of Great Britain. At this time he declared freely, that he was of the same sentiment with the people, that Parliament had no Right to tax them; but differed from the country party, only in his opinion of the policy of denying that Right, in their Petitions, &c. I would not injure him, I was told this by three gentlemen who were of the committee of both houses, to prepare that petition that he made this declaration explicitly before that committee. I have been told by other gentlemen that he made the same declaration to them. It is possible that he might make use of expressions studied for the purpose, which would not strictly bear this construction. But it is certain that they understood him so, and that this was the general opinion of his sentiments until he came to the chair.

The country party saw, that this aspiring genius, aimed at keeping fair with the ministry, by supporting their measures, and with the people, by pretending to be of our principles, and between both to trim himself up to the chair. The only reason why he did not obtain an election at one time, and was excused from the service at another after he had been chosen by a small majority, was because the members knew he would not openly deny the right, and assure his majesty, the parliament, and ministry, that the people never would submit to it. For the same reason he was left out of council. But he continued to cultivate his popularity and to maintain a general opinion among the people, that he denied the right in his private judgment, and this idea preserved most of those who continued their esteem for him.

But upon Bernard's removal, and his taking the chair as lieut. governor, he had no further expectations from the people nor complaisance for their opinions. In one of his first speeches he took care to advance the supreme authority of parliament. This astonished many of his friends. They were heard to say, we have been deceived. We thought he had been abused, but we now find what has been said of him is true. He is determined to join in the designs against this country. After his promotion to the government, finding that the 280people had little confidence in him, and shewing that he had no interest at home to support him but what he had acquired by joining with Bernard in kicking up a dust, he determined to stroke a bold stroke, and in a formal speech to both houses, became a champion for the unbounded authority of parliament, over the colonies.7 This he thought would lay the ministry under an obligation to support him in the government, or else to provide for him out of it, not considering that starting that question before that assembly, and calling upon them as he did to dispute with him upon it, was scattering firebrands, arrows and death in sport. The arguments he advanced were inconclusive indeed: but they shall be considered, when I come to the feeble attempt of Massachusettensis to give a colour to the same position.

The house, thus called upon, either to acknowledge the unlimited authority of parliament, or confute his arguments, were bound by their duty to God, their country and posterity, to give him a full and explicit answer. They proved incontestibly that he was out in his facts, inconsistent with himself, and in every principle of his law, he had committed a blunder. Thus the fowler was caught in his own snare: and altho' this country has suffered severe temporary calamities in consequence of this speech, yet I hope they will not be durable: but his ruin was certainly in part owing to it. Nothing ever opened the eyes of the people so much, to his designs, excepting his letters. Thus it is the fate of Massachusettensis, to praise this gentleman, for those things which the wise part of mankind condemn in him as the most insidious and mischievous of actions. If it was out of his power to do us any more injuries, I should wish to forget the part; but as there is reason to fear he is still to continue his malevolent labours against this country, altho' he is out of our sight, he ought not to be out of our minds. This country has every thing to fear, in the present state of the British court, while the lords Bute, Mansfield and North have the principal conduct of affairs, from the deep intrigues of that artful man.

To proceed to his successor,8 whom Massachusettensis has been pleased to compliment with the epithet of “amiable”. I have no inclination to detract from this praise, but have no panegyricks or invectives for any man, much less for any governor, until satisfied of his character and designs. This gentleman's conduct, although he came here to support the systems of his two predecessors, and instructed to throw himself into the arms of their connections, when he has acted himself, and not been teized by others much less 281amiable and judicious than himself, into measures, which his own inclination would have avoided, has been in general as unexceptionable as could be expected, in his very delicate, intricate and difficult situation.

We are then told “that disaffection to Great-Britain was infused into the body of the people.” The leading whigs, have ever, systematically, and upon principle, endeavoured to preserve the people from all disaffection to the king on the one hand, and the body of the people on the other, but to lay the blame where it is justly due on the ministry and their instruments.

We are next conducted into the superiour court, and informed “that the judges were dependant on the annual grants of the general court; that their salaries were small in proportion to the salaries of other officers, of less importance; that they often petitioned the assembly to enlarge them, without success, and were reminded of their dependance; that they remained unshaken amid the raging tempests, which is to be attributed rather to their firmness than situation.”

That the salaries were small, must be allowed, but not smaller in proportion than those of other officers. All salaries in this Province have been and are small. It has been the policy of the country to keep them so, not so much from a spirit of parsimony, as an opinion, that the service of the public ought to be an honorary, rather than a lucrative employment; and that the great men ought to be obliged to set examples of simplicity and frugality before the people.

But if we consider things maturely, and make allowance for all circumstances, I think the country may be vindicated. This province during the last war, had such overbearing burdens upon it, that it was necessiated to oeconomy in every thing. At the peace she was half a million sterling in debt, nearly. She thought it the best policy to get out of debt before she raised the wages of her servants, and if Great-Britain had thought as wisely, she would not now have had 140 millions to pay, and she would never have thought of taxing America.

Low as the wages were, it was found that whenever a vacancy happened, the place was solicited with much more anxiety and zeal than the kingdom of heaven.

Another cause which had its effect was this. The judges of that court had almost always enjoyed some other office. At the time of the stamp act the chief justice was lieut. governor, which yielded him a profit, and a judge of probate for the county of Suffolk, which yielded him another profit, and a counsellor, which if it was not very 282profitable, gave him an opportunity of promoting his family and friends to other profitable offices, an opportunity which the country saw he most religiously improved. Another justice of this court was a judge of admiralty, and another was judge of probate for the county of Plymouth. The people thought therefore, that as their time was not wholly taken up by their offices as judges of the superior court, there was no reason why they should be paid as much as if it had been.

Another reason was this: those justices had not been bred to the bar, but taken from merchandize, husbandry and other occupations; had been at no great expence for education or libraries, and therefore the people thought that equity did not demand large salaries.

It must be confessed that another motive had its weight. The people were growing jealous of the chief justice and two other justices at least, and therefore thought it imprudent to enlarge their salaries, and by that means their influence.

Whether all these arguments were sufficient to vindicate the people for not enlarging their salaries, I shall leave to you, my friends, whose right it is to judge. But that the judges petition'd “often” to the assembly I don't remember. I knew it was suspected by many, and confidently affirmed by some, that judge Russell9 carried home with him in 1766, a petition to his Majesty, subscribed by himself, and chief justice Hutchinson at least, praying his Majesty to take the payment of the judges into his own hands; and that this petition, together with the solicitations of Governor Bernard, and others, had the success to procure the act of parliament, to enable his Majesty to appropriate the revenue to the support of the administration of justice, &c.10 from whence a great part of the present calamities of America have flowed.

That the high whigs took care to get themselves chosen of the grand juries I don't believe. Nine tenths of the people were high whigs; and therefore it was not easy to get a grand jury without nine whigs in ten, in it. And the matter would not be much mended by the new act of parliament.11 The sheriff must return the same set of jurors, court after court, or else his juries would be nine tenths of them high whigs still. Indeed the tories are so envenom'd now with malice, envy, revenge and disappointed ambition, that they would be willing, for what I know, to be jurors for life, in order to give verdicts against the whigs. And many of them would readily do it, I doubt not, without any other law or evidence, than what they found in their own breasts. The suggestion of ledgerdemain, in drawing 283the names of petit jurors out of the box, is scandalous. Human wisdom cannot devise a method of obtaining petit jurors more fairly, and better secured against a possibility of corruption of any kind, than that established by our provincial law. They were drawn by chance out of a box, in open town meeting, to which the tories went, or might have gone, as well as the whigs, and have seen with their own eyes, that nothing unfair ever did or could take place. If the jurors consisted of whigs, it was because the freeholders were whigs, that is honest men. But now, it seems, if Massachusettensis can have his will, the sheriff who will be a person properly qualified for the purpose, is to pick out a tory jury, if he can find one in ten, or one in twenty of that character among the freeholders; and it is no doubt expected, that every news paper that presumes to deny the right of parliament to tax us, or destroy our charter, will be presented as a libel, and every member of a committee of correspondence, or a congress, &c. &c. &c. are to be indicted for rebellion. These would be pleasant times to Massachusettensis and the junto, but they will never live to see them.

“The judges pointed out seditious libels, on governors, magistrates, and the whole government to no effect.” They did so. But the jurors thought some of these no libels, but solemn truths. At one time, I have heard that all the newspapers for several years, the Massachusetts Gazette, Evening Post, the Boston Chronicle, Boston-Gazette, and Massachusetts-Spy, were laid before a grand jury at once. The jurors thought there were multitudes of libels written by the tories, and they did not know who they should attack if they presented them; perhaps governor Bernard, lieut. governor Hutchinson, secretary Oliver—possibly the attorney general. They saw so many difficulties they knew not what to do.

As to the riots and insurrections, it is surprizing that this writer should say “scarce one offender was indicted, and I think not one convicted.” Were not many indicted, convicted, and punished too in the county of Essex? and Middlesex, and indeed in every other county? But perhaps he will say, he means such as were connected with politicks. Yet this is not true, for a large number in Essex were punished for abusing an informer, and others were indicted and convicted in Boston, for a similar offence. None were indicted for pulling down the stamp office, because this was thought an honorable and glorious action, not a riot. And so it must be said of several other tumults. But was not this the case in royal as well as charter governments? Nor will this inconvenience be remedied by a sheriff's jury, 284if such an one should ever sit. For if such a jury should convict, the people will never bear the punishment. It is in vain to expect or hope to carry on government, against the universal bent and genius of the people; we may whimper and whine as much as we will, but nature made it impossible, when she made men.

If causes of meum and tuum, were not always exempt from party influence, the tories will get no credit by an examination into particular cases. Tho' I believe there was no great blame on either party in this respect, where the case was not connected with politicks.

We are then told “the whigs once flattered themselves they should be able to divide the province between them.”12 I suppose he means, that they should be able to get the honorable and lucrative offices of the province into their hands. If this was true they would be chargeable with only designing what the tories have actually done; with this difference, that the whigs would have done it by saving the liberties and the constitution of the province—whereas the tories have done it by the destruction of both. That the whigs have ambition, a desire of profit, and other passions like other men, it would be foolish to deny: But this writer cannot name a set of men in the whole British empire, who have sacrificed their private interest to their nations honour, and the public good, in so remarkable a manner, as the leading whigs have done, in the two last administrations.

As to “cutting asunder the sinews of government and breaking in pieces the ligament of social life,” as far as this has been done, I have proved by incontestible evidence from Bernard's, Hutchinson's and Oliver's letters, that the tories have done it, against all the endeavours of the whigs to preserve them from first to last.

The public is then amused with two instances of the weakness of our government, and these are with equal artifice and injustice, insinuated to be chargeable upon the whigs. But the whigs are as innocent of these as the tories. Malcom13 was injured as much against the inclinations and judgment of the whigs as the tories. But the real injury he received is exaggerated by this writer. The cruelty of his whipping, and the danger of his life, are too highly coloured.

Malcom was such an oddity, as naturally to excite the curiosity and ridicule of the lowest class of people, wherever he went: had been active in battle against the Regulators in North Carolina, who were thought in Boston to be an injured people. A few weeks before, he had made a seizure at Kennebec River, 150 miles from Boston, and by some imprudence had excited the wrath of the people there, in such a degree, that they tar'd and feather'd him over his clothes.

He comes to Boston to complain. The news of it was spread in town. It was a critical time, when the passions of the people were warm. Malcom attacked a lad in the street, and cut his head with a cutlass in return for some words from the boy, which I suppose were irritating. The boy run bleeding thro' the street to his relations, of whom he had many. As he passed the street, the people enquired into the cause of his wounds, and a sudden heat arose against Malcom, which neither Whigs nor Tories, tho' both endeavour'd it, could restrain; and produced the injuries of which he justly complained. But such a coincidence of circumstances, might at any time, and in any place, have produced such an effect; and therefore it is no evidence of the weakness of government. Why he petitioned the General Court, unless he was advised to it by the Tories, to make a noise, I know not. That court had nothing to do with it. He might have bro't his action against the trespassers, but never did. He chose to go to England and get £200 a year, which would make his taring the luckiest incident of his life.

The hospital at Marblehead is another instance, no more owing to the politicks of the times, than the burning of the temple at Ephesus. This hospital was newly erected, much against the will of the multitude. The patients were careless, some of them wantonly so, and others were suspected of designing to spread the Small Pox in the town, which was full of people, who had not passed the distemper. It is needless to be particular, but the apprehension became general, the people arose and burnt the hospital. But the whigs are so little blameable for this, that two of the principle whigs in the province, gentlemen highly esteemed and beloved in the town, even by those who burnt the building, were owners of it. The principles and temper of the times had no share in this, any more than in cutting down the market in Boston, or in demolishing mills and dams in some parts of the country, in order to let the Alewives pass up the streams, forty years ago. Such incidents happen in all governments at times. And it is a fresh proof of the weakness of this writer's cause, that he is driven to such wretched shifts to defend it.14

Towards the close of this lengthy speculation, Massachusettensis grows more and more splenetical, peevish, angry and absurd.

He tells us, that in order to avoid the necessity of altering our provincial constitution, government at home made the judges independent of the grants of the general assembly. That is, in order to avoid the hazard of taking the fort by storm, they determined to take it by sap. In order to avoid altering our constitution, they changed it 286in the most essential manner: for surely by our charter the province was to pay the judges as well as the Governor. Taking away this priviledge, and making them receive their pay from the Crown, was destroying the charter so far forth, and making them dependent on the minister. As to their being dependent on the leading whigs, he means they were dependent on the province. And which is fairest to be dependent on, the province, or on the minister? In all this troublesome period, the leading whigs had never hesitated about granting their salaries, nor ever once moved to have them lessened, nor would the house have listened to them if they had. “This was done,” he says, “to make them steady.” We know that very well. Steady to what? Steady to the plans of Bernard, Hutchinson, Oliver, North, Mansfield and Bute; which the people thought was steadiness to their ruin, and therefore it was found, that a determined spirit of opposition to it, arose in every part of the province like that to the stamp act.

The chief justice it is true was accused by the house of representatives, of receiving a bribe, a ministerial, not a royal bribe.15 For the king can do no wrong, altho' he may be deceived in his grant. The minister is accountable. The crime of receiving an illegal patent, is not the less for purchasing it, even of the king himself. Many impeachments have been for such offences.

He talks about attempts to strengthen government, and save our charter. With what modesty can he say this, when he knows that the overthrow of our charter was the very object which the junto had been invariably pursuing for a long course of years. Does he think his readers are to be deceived by such gross arts? But he says “the whigs subverted the charter constitution, abridged the freedom of the house, annihilated the freedom of the board, and rendered the governor a doge of Venice.” The freedom of the house was never abridged, the freedom of the board was never lessened. The governor had as much power as ever. The house and board it is true, would do nothing in favour of parliamentary taxation. Their judgments and consciences were against it, and if they ever had done any thing in favour of it, it would have been through fear and not freedom. The governor found he could do nothing in favour of it, excepting to promote in every department in the state, men who hated the people and were hated by them. Eno' of this he did in all conscience, and after filling offices with men who were despised, he wondered that the officers were not revered. “They,” the whigs, “engrossed all the power of the province into their own hands.” That is, the house and board were whigs, the 287grand juries and petit juries were whigs, towns were whigs, the clergy were whigs, the agents were whigs, and wherever you found people you found all whigs excepting those who had commissions from the crown or the governor. This is almost true. And it is to the eternal shame of the tories, that they should pursue their ignis fatuus with such ungovernable fury as they have done, after such repeated and multiplied demonstrations, that the whole people were so universally bent against them. But nothing will satisfy them still, but blood and carnage. The destruction of the Whigs, Charters, English Liberties and all, they must and will have, if it costs the blood of tens of thousands of innocent people. This is the benign temper of the Tories.

This influence of the Whigs he calls a democracy or republic, and then a despotism: two ideas incompatible with each other. A democratical despotism is a contradiction in terms.

He then says that “the good policy of the act for regulating the goverment in this province, will be the subject of some future paper.” But that paper is still to come, and I suspect ever will be. I wish to hear him upon it however.

With this he and the junto ought to have begun. Bernard and the rest in 1764 ought to have published his objections to this government, if they had been honest men, and produced their arguments in favour of the alteration: convinced the people of the necessity of it, and proposed some constitutional plan for effecting it. But the same motives which induced them to take another course, will prevail with Massachusettensis to waive the good policy of the act. He will be much more cunningly employed in labouring to terrify women and children with the horors of a civil war, and the dread of a division among the people. There lies your fort, Massachusettensis. Make the most of it.

Such events as the resistance to the stamp act, and to the tea act, particularly the destruction of that which was sent by the ministry in the name of the East India Company, have ever been cautiously spoken of by the Whigs, because they knew the delicacy of the subject, and they lived in continual hopes of a speedy restoration of liberty and peace: But we are now thrown into a situation, which would render any further delicacy upon this point criminal.

Be it remembered then, that there are tumults, seditions, popular 289commotions, insurrections and civil wars, upon just occasions, as well as unjust.

Grotius B. 1. c. 3 §. 1. observes “that some sort of private war, may be lawfully waged. It is not repugnant to the law of nature, for any one to repel injuries by force.

§. 2. “The liberty allowed before is much restrained, since the erection of tribunals: Yet there are some cases wherein that right still subsists; that is, when the way to legal justice is not open; for the law which forbids a man to pursue his right any other way, ought to be understood with this equitable restriction, that one finds judges to whom he need apply,” &c.1

Sidney's discourses upon government2 c. 2. §. 24. “'Tis in vain to seek a government in all points free from a possibility of civil wars, tumults and seditions: that is a blessing denied to this life, and reserved to compleat the felicity of the next. Seditions, tumults, and wars do arise from mistake or from malice; from just occasions or unjust: Seditions proceeding from malice are seldom or never seen in popular governments; for they are hurtful to the people, and none have ever willingly and knowingly hurt themselves. There may be, and often is, malice in those who excite them; but the people is ever deceived, and whatever is thereupon done, ought to be imputed to error, &c. But in absolute monarchies, almost all the troubles that arise proceed from malice; they cannot be reformed, the extinction of them is exceeding difficult, if they have continued long enough to corrupt the people; and those who appear against them seek only to set up themselves or their friends.” The mischiefs designed are often dissembled, or denied, till they are past all possibility of being cured by any other way than force: and such as are by necessity driven to use that remedy, know they must perfect their work or perish. He that draws his sword against the prince, say the French, ought to throw away the scabbard; for tho' the design be never so just, yet the authors are sure to be ruined if it miscarry. Peace is seldom made, and never kept, unless the subject retain such a power in his hands, as may oblige the prince to stand to what is agreed; and in time some trick is found to deprive them of that benefit.

“It may seem strange to some that I mention seditions, tumults and wars, upon just occasions; but I can find no reason to retract the term. God intending that men should live justly with one another, does certainly intend that he or they who do no wrong, should suffer none; and the law that forbids injuries, were of no use, if no penalty might be inflicted, on those that will not obey it. If injustice there-290fore be evil, and injuries be forbidden, they are also to be punished; and the law instituted for their prevention, must necessarily intend the avenging of such as cannot be prevented. The work of the magistracy is to execute this law; the sword of justice is put into their hands to restrain the fury of those within the society who will not be a law to themselves; and the sword of war to protect the people against the violence of foreigners. This is without exception, and would be in vain if it were not. But the magistrate who is to protect the people from injury, may, and is often known, not to have done it: he sometimes renders his office useless by neglecting to do justice; sometimes mischievous by overthrowing it. This strikes at the root of God's general ordinance, that there should be laws; and the particular ordinances of all societies that appoint such as seem best to them. The magistrate therefore is comprehended under both, and subject to both, as well as private men.

“The ways of preventing or punishing injuries are judicial or extra-judicial. Judicial proceedings are of force against those who submit, or may be brought to tryal, but are of no effect against those who resist, and are of such power that they cannot be constrained. It were absurd to cite a man to appear before a tribunal who can awe the judges, or has armies to defend him; and impious to think that he who has added treachery to his other crimes, and usurped a power above the law, should be protected by the enormity of his wickedness: Legal proceedings, therefore, are to be used when the delinquent submits to the law; and all are just; when he will not be kept in order by the legal.

“The word sedition, is generally applied to all, numerous assemblies, without or against the authority of the magistrate, or of those who assume that power. Athaliah and Jezebel were more ready to cry out treason, than David, &c.

“Tumult is from the disorderly manner of those assemblies, where things can seldom be done regularly; and war is that 'decertatio per vim,' or trial by force, to which men come, when other ways are ineffectual.

“If the laws of God and men, are therefore of no effect, when the magistracy is left at liberty to break them; and if the lusts of those who are too strong for the tribunals of justice, cannot be otherwise restrained than by sedition, tumults and war, those seditions, tumults and wars, are justified by the laws of God and man.

“I will not take upon me to enumerate all the cases in which this may be done, but content myself with three, which have most fre-291quently given occasion for proceedings of this kind. The first is, when one or more men take upon them the power and name of a magistracy, to which they are not justly called. The second, when one or more being justly called, continue in their magistracy longer than the laws by which they are called, do prescribe. And the third, when he or they, who are rightly called, do assume a power, though within the time prescribed, that the law does not give; or turn that which the law does give, to an end different and contrary to that which is intended by it.

“The same course is justly used against a legal magistrate, who takes upon him to exercise a power which the law does not give: for in that respect he is a private man, (Quia,) as Grotius says, (eatenus non habet imperium,) and may be restrained as well as any other, because he is not set up to do what he lists, but what the law appoints for the good of the people; and as he has no other power than what the law allows, so the same law limits and directs the exercise of that which he has.”

Puffendorf's law of nature and nations L. Bk. 7. c. 8 §. 5 and 6. Barbeyrac's note on §. 6.3 “1 When we speak of a tyrant that may lawfully be dethroned, we do not mean by the people, the vile populace or rabble of the country, or the cabal of a small number of factious persons; but the greater and more judicious part of the subjects of all ranks. Besides the tyranny must be so notorious and evidently clear, as to leave no body any room to doubt of it, &c. Now a prince may easily avoid making himself so universally suspected and odious to his subjects: for as Mr. Locke says, in his treatise of civil government c. 18. §. 209. 'It is as impossible for a governor, if he really means the good of the people, and the preservation of them and the laws together, not to make them see and feel it; as it is for the father of a family, not to let his children see he loves and takes care of them.' And therefore the general insurrection of a whole nation does not deserve the name of rebellion. We may see what Mr. Sidney says upon this subject in his discourse concerning government c. 3. §. 36. 'Neither are subjects bound to stay till the prince has entirely finished the chains which he is preparing for them, and has put it out of their power to oppose. 'Tis sufficient that all the advances which he makes are manifestly tending to their oppression, that he is marching boldly on to the ruin of the state.' In such a case, says Mr. Locke admirably well, ubi supra §. 210., 'How can a man any more hinder himself from believing in his own mind, which way things are going, or from casting about to save himself, than he 292could from believing the captain of the ship he was in, was carrying him and the rest of his company to Algiers, when he found him always steering that course, though cross winds, leaks in his ship, and want of men and provisions, did often force him to turn his course another way for sometime, which he steadily return'd to again, as soon as the winds, weather, and other circumstances would let him.' This chiefly takes place with respect to kings, whose power is limitted by fundamental laws.

“'If it is objected, that the people being ignorant, and always discontented, to lay the foundation of government in the unsteady opinion and the uncertain humour of the people, is to expose it to certain ruin; the same author will answer you, that on the contrary, people are not so easily got out of their old forms as some are apt to suggest. England, for instance, notwithstanding the many revolutions that have been seen in that kingdom, has always kept to its old legislative of king, lords and commons: and whatever provocations have made the crown to be taken from some of their princes heads, they never carried the people so far as to place it in another line. But 'twill be said, this hypothesis lays a ferment for frequent rebellion. No more, says Mr. Locke, than any other hypothesis. For when the people are made miserable, and find themselves exposed to the ill usage of arbitrary power; cry up their governors as you will for sons of Jupiter, let them be sacred and divine, descended or authorised from heaven; give them out for whom or what you please, the same will happen. The people generally ill treated, and contrary to right, will be ready upon any occasion to ease themselves of a burden that sits heavy upon them. 2. Such revolutions happen not upon every little mismanagement in public affairs. Great mistakes in the ruling part, many wrong and inconvenient laws, and all the slips of human frailty will be borne by the people, without mutiny and murmur. 3. This power in the people of providing for their safety anew by a legislative, when their legislators have acted contrary to their trust, by invading their property, is the best fence against rebellion, and the probablest means to hinder it; for rebellion being an opposition, not the persons, but authority, which is founded only in the constitutions and laws of the government; those whoever they be, who by force break through, and by force justify the violation of them, are truly and properly rebels. For when men by entering into society, and civil government, have excluded force, and introduced laws for the preservation of property, peace and unity, among themselves; those who set up force again, in opposition to the 293laws, do rebellare, that is, do bring back again the state of war, and are properly rebels, as the author shews. In the last place, he demonstrates, that there are also greater inconveniencies in allowing all to those that govern, than in granting something to the people. But it will be said, that ill affected and factious men may spread among the people, and make them believe that the prince or legislative, act contrary to their trust, when they only make use of their due prerogative. To this Mr. Locke answers, that the people however is to judge of all that; because no body can better judge whether his trustee for deputy acts well, and according to the trust reposed in him, than he who deputed him. He might make the like query, (says Mr. LeClark,4 from whom this extract is taken) and ask, whether the people being oppressed by an authority which they set up, but for their own good, it is just, that those, who are vested with this authority, and of which they are complaining, should themselves be judges of the complaints made against them? The greatest flatterers of kings, dare not say, that the people are obliged to suffer absolutely all their humours, how irregular soever they be; and therefore must confess, that when no regard is had to their complaints, the very foundations of society are destroyed; the prince and people are in a state of war with each other, like two independent states that are doing themselves justice, and acknowledge no person upon earth, who in a sovereign manner, can determine the disputes between them,'” &c.

If there is any thing in these quotations, which is applicable to the destruction of the tea, or any other branch of our subject, it is not my fault: I did not make it.—Surely Grotius, Puffendorf, Barbeyrac, Lock, Sidney, and LeClerk, are writers, of sufficient weight, to put in the scale against the mercenary scriblers in New-York and Boston, who have the unexampled impudence and folly, to call these which are revolution principles in question, and to ground their arguments upon passive obedience as a corner stone. What an opinion must these writers have of the principles of their patrons, the Lords Bute, Mansfield and North, when they hope to recommend themselves by reviving that stupid doctrine, which has been infamous so many years. Dr. Sachevaril5 himself tells us that his sermons were burnt by the hands of the common hangman, by the order of the king, lords and commons, in order to fix an eternal and indelible brand of infamy on that doctrine.

In the Gazette of January the 2d, Massachusettensis entertains you with an account of his own important self. This is a subject 294which he has very much at heart, but it is of no consequence to you or me, and therefore little need be said of it: if he had such a stand in the community, that he could have seen all the political manoeuvres, it is plain he must have shut his eyes, or he never could have mistaken so grossly, causes for effects, and effects for causes.

He undertakes to point out the principles and motives upon which the Blockade Act was made, which were according to him, the destruction of the East-India Company's Tea. He might have said more properly the Ministerial Tea: for such it was, and the company are no losers: they have received from the public treasury compensation for it.

Then we are amused with a long discourse about the nature of the British government, commerce, agriculture, arts, manufactures, regulations of trade, custom house officers, which as it has no relation to the subject, I shall pass over.

The case is shortly this: The East-India company, by their contract with government, in their charter and statute, are bound, in consideration of their important profitable privileges, to pay to the public treasury, a revenue, annually, of four hundred thousand pounds sterling, so long as they can hold up their Dividends at twelve per cent, and no longer.

The mistaken policy of the ministry, in obstinately persisting in their claim of right to tax America, and refusing to repeal the duty on Tea, with those on glass, paper and paint, had induced all America, except a few merchants in Boston, most of whom were closely connected with the junto, to refuse to import Tea from Great Britain: the consequence of which was a kind of stagnation in the affairs of the company, and an immense accumulation of tea in their stores, which they could not sell. This, among other causes, contributed to affect their credit, and their Dividends were on the point of falling below twelve per cent, and consequently the government was upon the point of losing 400,000 1. sterling a year of revenue. The company solicited the ministry to take off the duty in America: but they adhering to their plan of taxing the colonies and establishing a precedent, framed an act to enable the company to send their tea directly to America. This was admired as a master-piece of policy. It was tho't they would accomplish four great purposes at once: establish their precedent of taxing America; raise a large revenue there by the duties; save the credit of the company; and the 400,000 1. to the government. The company however, were so little pleased with this, that there were great debates among the directors, whether 295they should risque it, which were finally determined by a majority of one only, and that one the chairman, being unwilling as it is said to interfere in the dispute between the minister and the colonies, and uncertain what the result would be: and this small majority was not obtained, as it is said, until a sufficient intimation was given that the company should not be losers.

When these designs were made known, it appeared, that American politicians were not to be deceived: that their fight was as quick and clear as the minister's, and that they were as steady to their purpose, as he was to his. This was tho't by all the colonies, to be the precise point of time, when it became absolutely necessary to make a stand. If the tea should be landed, it would be sold; if sold the duties would amount to a large sum, which would be instantly applied to increase the friends and advocates for more duties, and to divide the people; and the company would get such a footing, that no opposition afterwards could ever be effectual. And as soon as the duties on tea should be established, they would be ranked among post-office fees, and other precedents, and used as arguments, both of the right and expediency of laying on others, perhaps on all the necessaries, as well as conveniences and luxuries of life. The whole continent was united in the sentiment, that all opposition to parliamentary taxation must be given up forever, if this critical moment was neglected. Accordingly, New-York and Philadelphia determined that the ships should be sent back; and Charlestown, that the tea should be stored and locked up,—this was attended with no danger in that city, because they are fully united in sentiment and affection, and have no Junto to perplex them. Boston was under greater difficulties. The Consignees at New York and Philadelphia most readily resigned. The Consignees at Boston, the children, cousins, and most intimate connections of governor Hutchinson, refused. I am very sorry that I cannot stir a single step in develloping the causes of my country's miseries, without stumbling upon this gentleman. But so it is. From the near relation and most intimate connection of the consignees with him, there is great cause of jealousy, if not a violent presumption, that he was at the bottom of all this business, that he had plann'd it, in his confidential letters with Bernard, and both of them joined in suggesting and recommending it to the ministry. Without this supposition, it is difficult to account for the obstinacy with which the Consignees refused to resign, and the governor to let the vessel go. However this might be, Boston is the only place upon the continent, perhaps in the world, which ever breeds a species 296of misanthropos, who will persist in their schemes for their private interest, with such obstinacy, in opposition to the public good; disoblige all their fellow-citizens for a little pelf, and make themselves odious and infamous, when they might be respected and esteemed. It must be said, however, in vindication of the town, that this breed is spawned chiefly by the Junto. The Consignees would not resign; the custom house refused clearances; governor Hutchinson refused passes by the castle. The question then was, with many, whether the governor, officers, and consignees should be compelled to send the ships hence? An army and navy was at hand, and bloodshed was apprehended. At last, when the continent, as well as the town and province, were waiting the issue of this deliberation with the utmost anxiety, a number of persons, in the night, put them out of suspense, by an oblation to Neptune. I have heard some gentlemen say, “this was a very unjustifiable proceeding”—“that if they had gone at noonday, and in their ordinary habits, and drowned it in the face of the world, it would have been a meritorious, a most glorious action.” But to go in the night, and much more in disguise, they tho't very inexcuseable.

“The revenue was not the consideration before parliament,” says Massachusettensis. Let who will, believe him. But if it was not, the danger to America was the same. I take no notice of the idea of a monopoly. If it had been only a monopoly, (tho' in this light it would have been a very great grievance) it would not have excited, nor in the opinion of any one justified the step that was taken. It was an attack upon a fundamental principle of the Constitution, and upon that supposition was resisted, after multitudes of petitions to no purpose, and because there was no tribunal in the Constitution, from whence redress could have been obtained.

There is one passage so pretty, that I cannot refuse myself the pleasure of transcribing it. “A smuggler and a whig are cousin germans, the offspring of two sisters, avarice and ambition. They had been playing into each other's hands a long time. The smuggler received protection from the whig, and he in his turn received support from the smuggler. The illicit trader now demanded protection from his kinsman, and it would have been unnatural in him to have refused it; and beside, an opportunity presented of strengthning his own interest.”

The wit, and the beauty of the style in this place, seem to have quite inraptured the lively juvenile imagination of this writer. The truth of the fact he never regards, any more than the justice of the 297sentiment. Some years ago, the smugglers might be pretty equally divided between the whigs and the tories: Since that time, they have almost all married into the tory families, for the sake of dispensations and indulgencies. If I were to let myself into secret history, I could tell very diverting stories of smuggling tories in New-York and Boston,—Massachusettensis is quarrelling with some of his best friends. Let him learn more discretion.

We are then told that “the consignees offered to store the tea, under the care of the selectmen, or a committee of the town.” This expedient might have answered, if none of the junto, nor any of their connections had been in Boston. But is it a wonder, that the selectmen declined accepting such a deposit? They supposed they should be answerable, and no body doubted that tories might be found who would not scruple to set fire to the store, in order to make them liable. Besides if the tea was landed, though only to be stored, the duty must be paid, which it was tho't was giving up the point.

Another consideration which had great weight, was, the other colonies were grown jealous of Boston, and tho't it already deficient in point of punctuality, against the dutied articles: and if the tea was once stored, artifices might be used, if not violence, to disperse it abroad: But if through the continual vigilance and activity of the committee and the people, thro' a whole winter, this should be prevented; yet one thing was certain, that the tories would write to the other colonies and to England, thousands of falshoods concerning it, in order to induce the ministry to persevere, and to sow jealousies and create divisions among the colonies.

Our acute logician then undertakes to prove the destruction of the tea unjustifiable, even upon the principle of the whigs, that the duty was unconstitutional. The only argument he uses is this: that “unless we purchase the tea, we shall never pay the duty.” This argument is so frivolous, and has been so often confuted and exposed, that if the party had any other, I think they would relinquish this. Where will it carry us? If a duty was laid upon our horses, we may walk; if upon our butchers meat, we may live upon the produce of the dairy; and if that should be taxed, we may subsist as well as our fellow slaves in Ireland, upon Spanish potatoes and cold water. If a thousand pounds was laid upon the birth of every child, if children are not begotten, none will be born; if, upon every marriage, no duties will be paid, if all the young gentlemen and ladies agree to live batchellors and maidens.

In order to form a rational judgment of the quality of this trans-298action, and determine whether it was good or evil, we must go to the bottom of this great controversy. If parliament has a right to tax us, and legislate for us, in all cases, the destruction of the tea was unjustifiable; but if the people of America are right in their principle, that parliament has no such right, that the act of parliament is null and void, and it is lawful to oppose and resist it, the question then is, whether the destruction was necessary? For every principle of reason, justice and prudence, in such cases, demands that the least mischief shall be done; the least evil among a number shall always be preferr'd.

All men are convinced that it was impracticable to return it, and rendered so by Mr. Hutchinson and the Boston consignees. Whether to have stored it would have answered the end, or been a less mischief than drowning it, I shall leave to the judgment of the public. The other colonies, it seems, have no scruples about it, for we find that whenever tea arrives in any of them, whether from the East India company, or any other quarter, it never fails to share the fate of that in Boston. All men will agree that such steps ought not to be taken, but in cases of absolute necessity, and that such necessity must be very clear. But most people in America now think the destruction of the Boston tea, was absolutely necessary, and therefore right and just. It is very true, they say, if the whole people had been united in sentiment, and equally stable in their resolution, not to buy or drink it, there might have been a reason for preserving it; but the people here were not so virtuous or so happy. The British ministry had plundered the people by illegal taxes, and applied the money in salaries and pensions, by which devices, they had insidiously attached to their party, no inconsiderable number of persons, some of whom were of family, fortune and influence, tho' many of them were of desperate fortunes, each of whom, however, had his circle of friends, connections and dependants, who were determined to drink tea, both as evidence of their servility to administration, and their contempt and hatred of the people. These it was impossible to restrain without violence, perhaps bloodshed, certainly without hazarding more than the tea was worth. To this tribe of the wicked, they say, must be added another, perhaps more numerous, of the weak; who never could be brought to think of the consequences of their actions, but would gratify their appetites, if they could come at the means. What numbers are there in every community, who have no providence, or prudence in their private affairs, but will go on indulging the present appetite, prejudice, or passion, to the ruin of their estates and families, as well as their own health and characters! How much larger is the 299number of those who have no foresight for the public, or consideration of the freedom of posterity? Such an abstinence from the tea, as would have avoided the establishment of a precedent, depended on the unanimity of the people, a felicity that was unattainable. Must the wise, the virtuous and worthy part of the community, who constituted a very great majority, surrender their liberty, and involve their posterity in misery in complaisance to a detestable, tho' small party of knaves, and a despicable, tho' more numerous company of fools?

If Boston could have been treated like other places, like New-York and Philadelphia, the tea might have gone home from thence as it did from those cities. That inveterate, desperate junto, to whom we owe all our calamities, were determined to hurt us in this, as in all other cases as much as they could. It is to be hoped they will one day repent and be forgiven, but it is very hard to forgive without repentance. When the news of this event arrived in England, it excited such passions in the minister as nothing could restrain; his resentment was inkindled into revenge, rage, and madness; his veracity was piqued, as his master piece of policy, proved but a bubble: The bantling was the fruit of a favourite amour, and no wonder that his natural affection was touched when he saw it dispatched before his eyes. His grief and ingenuity, if he had any, were affected at the thought that he had misled the East India company, so much nearer to destruction, and that he had rendered the breach between the kingdom and the colonies almost irreconcileable: his shame was excited because opposition had gained a triumph over him, and the three kingdoms were laughing at him for his obstinacy and his blunders: instead of relieving the company he had hastened its ruin: instead of establishing the absolute and unlimited sovereignty of parliament over the colonies, he had excited a more decisive denial of it, and resistance to it. An election drew nigh and he dreaded the resentment even of the corrupted electors.

In this state of mind bordering on despair, he determines to strike a bold stroke. Bernard was near and did not fail to embrace the opportunity, to push the old systems of the junto. By attacking all the colonies together, by the stamp-act, and the paint and glass act, they had been defeated. The charter constitution of the Massachusetts-Bay, had contributed greatly to both these defeats. Their representatives were too numerous, and too frequently elected, to be corrupted: their people had been used to consider public affairs in their town-meetings: their councellors were not absolutely at the nod of a 300minister or governor, but were once a year equally dependent on the governor and the two houses. Their grand jurors were elective by the people, their petit jurors were returned merely by lot. Bernard and the junto rightly judged that by this constitution the people had a check, on every branch of power, and therefore as long as it lasted, parliamentary taxations, &c. could never be inforced.

Bernard, publishes his select letters, and his principles of polity: his son writes in defence of the Quebec bill:6 hireling garretteers were employed to scribble millions of lyes against us, in pamphlets and news papers: and setters employed in the coffee houses, to challenge or knock down all the advocates for the poor Massachusetts. It was now determined, instead of attacking the colonies together, tho' they had been all equally opposed to the plans of the ministry, and the claims of parliament, and therefore upon ministerial principles equally guilty, to handle them one by one; and to begin with Boston and the Massachusetts. The destruction of the tea was a fine event for scribblers and speechifyers to declaim upon; and there was an hereditary hatred of New-England, in the minds of many in England, on account of their non conforming principles. It was likewise thought there was a similar jealousy and animosity in the other colonies against New England; that they would therefore certainly desert her; that she would be intimidated and submit; and then the minister among his own friends, would acquire immortal honour, as the most able, skilfull and undaunted statesman of the age.

The port bill, charter bill, murder bill, Quebec bill, making all together such a frightful system, as would have terrified any people, who did not prefer liberty to life, were all concerted at once: but all this art and violence have not succeeded. This people under great trials and dangers, have discovered great abilities and virtues, and that nothing is so terrible to them as the loss of their liberties. If these arts and violences are persisted in, and still greater concerted, and carried on against them, the world will see that their fortitude, patience and magnanimity will rise in proportion.

“Had Cromwell,” says our what I shall call him? “had the guidance of the national ire, your proud capital had been levell'd with the dust.” Is it any breach of charity to suppose that such an event as this, would have been a gratification to this writer? Can we otherwise account for his indulging himself in a thought so diabolical? Will he set up Cromwell as a model for his deified lords, Bute, Mansfield and North? If he should, there is nothing in the whole history of him so cruel as this. All his conduct in Ireland, as exceptionable as any 301part of his whole life, affords nothing that can give the least probability to the idea of this writer. The rebellion in Ireland, was most obstinate, and of many years duration; 100,000 protestants had been murdered in a day, in cold blood, by papists, and therefore Cromwell might plead some excuse, that cruel severities were necessary, in order to restore any peace to that kingdom: But all this will not justify him; for as has been observed by an historian, upon his conduct in this instance, “men are not to divest themselves of humanity, and turn themselves into devils, because policy may suggest that they will succeed better as devils than as men”! But is there any parity or similitude between a rebellion of a dozen years standing, in which many battles had been fought, many thousands fallen in war, and 100,000 massacred in a day; and the drowning three cargoes of tea? To what strains of malevolence, to what flights of diabolical fury, is not tory rage capable of transporting men!

“The whigs saw their ruin connected with a compliance with the terms of opening the Port.”—They saw the ruin of their country connected in it: But they might have easily voted a compliance, for they were undoubtedly a vast majority, and have enjoyed the esteem and affection of their fellow slaves to their last hours: Several of them could have paid for the Tea, and never have felt the loss. They knew they must suffer, vastly more, than the Tea was worth, but they thought they acted for America and posterity; and that they ought not to take such a step without the advice of the colonies. They have declared our cause their own—that they never will submit to a precedent in any part of the united colonies, by which Parliament may take away Wharves and other lawful estates, or demolish Charters; for if they do, they have a moral certainty that in the course of a few years, every right of Americans will be taken away, and governors and councils, holding at the will of a Minister, will be the only legislatives, in the colonies.

A pompous account of the addressors of Mr. Hutchinson, then follows. They consisted of his relations, his fellow labourers in the tory vineyard, and persons whom he had raised in the course of four administrations, Shirley's, Pownal's, Bernard's and his own, to places in the province. Considering the industry that was used, and the vast number of persons in the province, who had received commissions under government upon his recommendation, the small number of subscribers that was obtained, is among a thousand demonstrations of the unanimity of this people. If it had been thought worth while to have procured a remonstrance against him, fifty thousand sub-302scribers might have been easily found. Several gentlemen of property were among these addressers, and some of fair character, but their acquaintance and friendships lay among the junto and, their subalterns entirely: Besides did these addressers approve the policy or justice of any one of the bills, which were passed the last session of the late parliament? Did they acknowledge the unlimitted authority of parliament? The Middlesex magistrates remonstrated against taxation: But they were flattered with hopes, that Mr. Hutchinson would get the port-bill, &c. repealed, that is, that he would have undone all, which every body but themselves knew he has been doing these fifteen years.

“But these patriotic endeavours, were defeated.” By what? “By an invention of the fertile brain of one of our party agents, called a committee of correspondence. This is the foulest, subtlest and most venemous serpent that ever issued from the eggs of sedition.”.

I should rather call it, the Ichneumon, a very industrious, active, and useful animal, which was worshipped in Aegypt as a divinity, because it defended their country from the ravages of the crocodiles. It was the whole occupation of this little creature to destroy those wily and ravenous monsters. It crushed their eggs, wherever they laid them, and with a wonderful address and courage, would leap into their mouths, penetrate their entrails, and never leave until it destroyed them.

If the honor of this invention is due to the gentleman, who is generally understood by the “party agent” of Massachusettensis, it belongs to one, to whom America has erected a statue in her heart, for his integrity, fortitude and perseverance in her cause. That the invention itself is very useful and important, is sufficiently clear, from the unlimitted wrath of the tories against it, and from the gall which this writer discharges upon it. Almost all mankind have lost their liberties, thro' ignorance, inattention and disunion. These committees are admirably calculated to diffuse knowledge, to communicate intelligence, and promote unanimity. If the high whigs are generally of such committees, it is because the freeholders who choose them, are such, and therefore prefer their peers. The tories, high or low, if they can make interest enough among the people may get themselves chosen, and promote the great cause of parliamentary revenues, and the other sublime doctrines and misteries of toryism. That these committees think themselves “amenable to none,” is false: for there is not a man upon any one of them, who does not acknowledge himself to hold his place, at the pleasure of his constituents, and to be ac-303countable to them, whenever they demand it. If the committee of the town of Boston, was appointed for a special purpose at first, their commission has been renewed from time to time; they have been frequently thank'd by the town for their vigilance, activity and disinterested labours in the public service. Their doings have been laid before the town and approved of by it. The malice of the tories has several times swelled open their bosoms, and broke out into the most intemperate and illiberal invectives against it: but all in vain. It has only served to shew the impotence of the tories, and increase the importance of the committee.

These committees cannot be too religiously careful of the exact truth of the intelligence they receive or convey; nor too anxious for the rectitude and purity of the measures they propose or adopt: they should be very sure that they do no injury to any man's person, property or character: and they are generally persons of such worth, that I have no doubt of their attention to these rules; and therefore that the reproaches of this writer are mere slanders.

If we recollect how many states have lost their liberties, merely from want of communication with each other, and union among themselves, we shall think that these committees may be intended by providence to accomplish great events. What the eloquence and talents of negociation of Demosthenes himself could not effect, among the states of Greece, might have been effected by so simple a device. Castile, Arragon, Valencia, Majorca, &c. all complained of oppression under Charles the fifth, flew out into transports of rage, and took arms against him. But they never consulted or communicated with each other. They resisted separately, and were separately subdued. Had Don Juan Padilla, or his wife,7 have been possessed of the genius to invent a committee of correspondence, perhaps the liberties of the Spanish nation might have remained to this hour, without any necessity to have had recourse to arms. Hear the opinion of Dr. Robertson. “While the spirit of disaffection was so general among the Spaniards, and so many causes concurred in precipitating them into such violent measures, in order to obtain the redress of their grievances, it may appear strange that the male-contents in the different kingdoms should have carried on their operations without any mutual concert, or even any intercourse with each other. By uniting their councils and arms, they might have acted both with greater force, and with more effect. The appearance of a national confederacy would have rendered it no less respectable among the people, than formidable to the crown; and the emperor, unable to resist such a combination, 304must have complied with any terms which the members of it thought fit to prescribe.”8

That it is owing to those committees that so many persons have been found to recant and resign, and so many others to fly to the army, is a mistake, for the same things would have taken place, if such a committee had never been in being, and such persons would probably have met with much rougher usage. This writer asks, “have not these persons as good a right to think and act for themselves as the whigs?” I answer yes. But if any man, whig or tory shall take it into his head to think for himself, that he has a right to take my property, without my consent, however tender I may be of the right of private judgment and the freedom of thought, this is a point in which I shall be very likely to differ from him, and to think for myself that I have a right to resist him. If any man should think, ever so conscienciously that the roman catholic religion is better than the protestant, or that the French government is preferable to the British constitution in its purity; Protestants and Britons, will not be so tender of that man's conscience as to suffer him to introduce his favourite religion and government. So the well bred gentlemen who are so polite as to think, that the charter constitution of this province, ought to be abolished, and another introduced wholly at the will of a minister or the crown; or that our ecclesiastical constitution is bad, and high church ought to come in, few people will be so tender of these consciences or complaisant to such polite taste, as to suffer the one or the other to be established. There are certain prejudices among the people, so strong, as to be irresistible. Reasoning is vain, and opposition idle. For example, there are certain popular maxims and precepts, call'd the ten commandments. Suppose a number of fine gentlemen, superior to the prejudices of education, should discover that these were made for the common people, and are too illiberal for gentlemen of refined taste to observe, and accordingly should engage in secret confidential correspondences to procure an act of parliament, to abolish the whole decalogue, or to exempt them from all obligation to observe it; if they should succeed, and their letters be detected, such is the force of prejudice, and deep habits among the lower sort of people, that it is much to be questioned, whether those refined genius's would be allowed to enjoy themselves in the latitude of their sentiments. I once knew a man, who had studied Jacob Beckman and other mystic's, until he conscienciously thought the millennium commenced, and all human authority at an end: that the saints only had a right to property; and to take from sinners any thing they wanted. 305In this persuasion, he very honestly stole a horse. Mankind pitied the poor man's infirmity, but thought it however their duty to confine him that he might steal no more.

The freedom of thinking was never yet extended in any country so far as the utter subversion of all religion and morality; nor as the abolition of the laws and constitution of the country.

But “are not these persons as closely connected with the interest of their country as the whigs?” I answer, they are not: they have found an interest in opposition to that of their country, and are making themselves rich and their families illustrious, by depressing and destroying their country. But “do not their former lives and conversations appear to have been regulated by principles as much as those of the whigs?” A few of them, it must be acknowledged, untill seduced by the bewitching charms of wealth and power, appeared to be men of principle. But taking the Whigs and Tories on an average, the balance of principle, as well as genius, learning, wit and wealth, is infinitely in favour of the former. As to some of these fugitives, they are known to be men of no principles at all in religion, morals or government.

But the “policy” is questioned, and you are asked if you expect to make converts by it? As to the policy or impolicy of it, I have nothing to say: but we don't expect to make converts of most of those persons by any means whatever, as long as they have any hopes that the ministry will place and pension them. The instant these hopes are extinguished, we all know they will be converted of course. Converts from places and pensions are only to be made by places and pensions, all other reasoning is idle; these are the Penultima Ratio of the Tories, as field pieces are the ultima.

That we are not “unanimous is certain.” But there are nineteen on one side to one on the other, through the province. And ninety nine out of an hundred of the remaining twentieth part can be fairly shewn to have some sinister private view, to induce him to profess his opinion.

Then we are threatened high, that “this is a changeable world, and times rolling wheel may e'er long bring them uppermost, and in that case we should not wish to have them fraught with resentment.”

To all this we answer, without ceremony, that they always have been uppermost, in every respect, excepting only the esteem and affection of the people; that they always have been fraught with resentment (even their cunning and policy have not restrained them) and we know they always will be.—That they have indulged their re-306sentment and malice, in every instance in which they had power to do it: and we know that their revenge will never have any other limits than their power.

Then this consistent writer, begins to flatter the people, “he appeals to their good sense, he knows they have it.” The same people, whom he has so many times represented as mad and foolish.

“I know you are loyal and friends to good order.” This is the same people that in the whole course of his writings, he has represented as continuing for ten years together in a continual state of disorder, demolishing the Chair, Board, Supreme Court, and encouraging all sorts of riots, insurrections, treason and rebellion. Such are the shifts to which a man is driven when he aims at carrying a point not at discovering truth.

The people are then told that “they have been insidiously taught to believe that Great Britain is rapacious, cruel and vindictive, and envies us the inheritance purchased by the sweat and blood of our ancestors.” The people do not believe this—they will not believe it: On the contrary, they believe if it was not for scandals constantly transmitted from this province by the Tories, the nation would redress our grievances. Nay as little as they reverence the Ministry, they even believe that the Lords North, Mansfield and Bute, would relieve them, and would have done it long ago, if they had known the truth. The moment this is done “long live our gracious king and happiness to Britain,” will resound from one end of the province to the other: but it requires a very little foresight to determine, that no other plan of governing the province and the colonies, will ever restore a harmony between the two countries, but desisting from the plan of taxing them and interfering with their internal concerns, and returning to that system of colony administration, which nature dictated, and experience for one hundred and fifty years found useful.