Very likely few people in Boston knew anything about this interesting episode; and a month later much excitement was accordingly raised by the news that Mr. Hanc.o.c.k"s sloop Liberty had been ordered seized for nonpayment of customs. A crowd watched the ship towed, for safe-keeping, under the guns of the Romney in the harbor. When the Commissioners, who had come down to see the thing done, left the wharf they were roughly handled by the incensed people; and in the evening windows of some of their houses were broken, and a boat belonging to a collector was hauled on sh.o.r.e and burnt on the Common. Governor Bernard at last informed the Commissioners that he could not protect them in Boston, whereupon they retired with their families to the Romney, and later to Castle William. There they continued, under difficulties, the work of systematizing the American customs; and not without success, inasmuch as the income from the duties during the years from 1768 to 1774 averaged about 30,000 pounds sterling, at an annual cost to the revenue of not more than 13,000 pounds. This saving was nevertheless not effected without the establishment at Boston, on the recommendation of the Commissioners, of two regiments of the line which arrived September 28, 1768, and were landed under the guns of eight men-of-war, without opposition. The cost of maintaining the two regiments in Boston was doubtless not included in the 13,000 pounds charged to the revenue as the annual expense of collecting 30,000 pounds of customs.
In spite of the two regiments of the line, with artillery, Boston was not quiet in this year 1768. The soldiers acted decently enough, no doubt; but their manners were very British and their coats were red, and "their simple presence," conveying every day the suggestion of compulsion, was "an intolerable grievance." Every small matter was magnified. The people, says Hutchinson, "had been used to answer to the call of the town watch in the night, yet they did not like to answer to the frequent calls of the centinels posted at the barracks;... and either a refusal to answer, or an answer accompanied with irritating language, endangered the peace of the town." On Sundays, especially, the Boston mind found something irreverent, something at the very least irrelevant, in the presence of the bright colored and highly secular coats; while the noise of fife and drum, so disturbing to the sabbath calm, called forth from the Selectmen a respectful pet.i.tion to the general requesting him to "dispense with the band."
These were but slight matters; but as time pa.s.sed little grievances acc.u.mulated on both sides until the relation between the people and the soldiers was one of settled hostility, and at last, after two years, the tense situation culminated in the famous Boston Ma.s.sacre. On the evening of March 5, 1770, there was an alarm of fire, false as it turned out, which brought many people into the streets, especially boys, whom one may easily imagine catching up, as they ran, handfuls of damp snow to make s...o...b..a.l.l.s. For s...o...b..a.l.l.s, there could be no better target than red-coated sentinels standing erect and motionless at the post of duty; and it chanced that one of these individuals, stationed before the Customs House door, was pelted with the close-packed missiles. Being several times struck, he called for aid, the guard turned out, and a crowd gathered. One of the soldiers was presently knocked down, another was. .h.i.t by a club, and at last six or seven shots were fired, with or without orders, the result of which was four citizens lying dead on the snow-covered streets of Boston.
The Boston Ma.s.sacre was not as serious as the Ma.s.sacre of Saint Bartholomew or the Sicilian Vespers; but it served to raise pa.s.sion to a white heat in the little provincial town. On the next day there was a.s.sembled, under the skillful leadership of Samuel Adams, a great town meeting which demanded in no uncertain terms the removal of the troops from Boston. Under the circ.u.mstances, six hundred British soldiers would have fared badly in Boston; and in order to prevent further bloodshed, acting Governor Hutchinson finally gave the order. Within a fortnight, the two small regiments retired to Castle William. Seven months later Captain Preston and other soldiers implicated in the riot were tried before a Boston jury. Ably defended by John Adams and Josiah Quincy, they were all acquitted on the evidence, except two who were convicted and lightly punished for manslaughter.
As it happened, the Boston Ma.s.sacre occurred on the 5th of March, 1770, which was the very day that Lord North rose in the House of Commons to propose the partial repeal of the Townshend duties. This outcome was not unconnected with events that had occurred in America during the eighteen months since the landing of the troops in Boston in September, 1768. In 1768, John Adams could not have foretold the Boston Ma.s.sacre, or have foreseen that he would himself incur popular displeasure for having defended the soldiers. But he could, even at that early date, divine the motives of the British government in sending the troops to Boston. To his mind, "the very appearance of the troops in Boston was a strong proof that the determination of Great Britain to subjugate us was too deep and inveterate to be altered." All the measures of ministry seemed indeed to confirm that view. Mr. Townshend"s condescension in accepting the colonial distinction between internal and external taxes was clearly only a subtle maneuver designed to conceal an attack upon liberty far more dangerous than the former attempts of Mr. Grenville. After all, Mr. Townshend was probably right in thinking the distinction of no importance, the main point being whether, as Lord Chatham had said, the Parliament could by any kind of taxes "take money out of their pockets without their consent."
Duties on gla.s.s and tea certainly would take money out of their pockets without their consent, and therefore it must be true that taxes could be rightly laid only by colonial a.s.semblies, in which alone Americans could be represented. But of what value was it to preserve the abstract right of taxation by colonial a.s.semblies if meanwhile the a.s.semblies themselves might, by act of Parliament, be abolished? And had not the New York a.s.sembly been suspended by act of Parliament? And were not the new duties to be used to pay governors and judges, thus by subtle indirection undermining the very basis of legislative independence? And now, in the year 1768, the Ma.s.sachusetts a.s.sembly, having sent a circular letter to the other colonies requesting concerted action in defense of their liberties, was directed by Lord Hillsborough, speaking in his Majesty"s name, "to rescind the resolution which gave birth to the circular letter from the Speaker, and to declare their disapprobation of, and dissent to, that rash and hasty proceeding." Clearly, it was no mere question of taxation but the larger question of legislative independence that now confronted Americans.
A more skillful dialectic was required to defend American rights against the Townshend duties than against the Stamp Act. It was a somewhat stubborn fact that Parliament had for more than a hundred years pa.s.sed laws effectively regulating colonial trade, and for regulating trade had imposed duties, some of which had brought into the Exchequer a certain revenue. Americans, wishing to be thought logical as well as loyal, could not well say at this late date that Parliament had no right to lay duties in regulation of trade. Must they then submit to the Townshend duties? Or was it possible to draw a line, making a distinction, rather more subtle than the old one between internal and external taxes, between duties for regulation and duties for revenue? This latter feat was undertaken by Mr. John d.i.c.kinson of Pennsylvania, anonymously, under the guise of a simple but intelligent and virtuous farmer whose arcadian existence had confirmed in him an instinctive love of liberty and had supplied him with the leisure to meditate at large upon human welfare and the excellent British Const.i.tution.
Mr. d.i.c.kinson readily granted America to be dependent upon Great Britain, "as much dependent upon Great Britain as one perfectly free people can be on another." But it appeared axiomatic to the unsophisticated mind of a simple farmer that no people could be free if taxed without its consent, and that Parliament had accordingly no right to lay any taxes upon the colonies; from which it followed that the sole question in respect to duties laid on trade was whether they were intended for revenue or for regulation. Intention in such matters was of primary importance, since all duties were likely to be regulative to some extent. It might be objected that "it will be difficult for any persons but the makers of the laws to determine which of them are made for regulation of trade, and which for raising a revenue." This was true enough but at present of academic importance only, inasmuch as the makers of the Sugar Act, the Stamp Act, and the Townshend duties had conveniently and very clearly proclaimed their intention to be the raising of a revenue. Yet this question, academic now, might soon become extremely practical. The makers of laws might not always express their intention so explicitly; they might, with intention to raise a revenue, pa.s.s acts professing to be for regulation only; and therefore, since "names will not change the nature of things," Americans ought "firmly to believe... that unless the most watchful attention be exerted, a new servitude may be slipped upon us under the sanction of usual and respectable terms." In such case the intention should be inferred from the nature of the act; and the Farmer, for his part, sincerely hoped that his countrymen "would never, to their latest existence, want understanding sufficient to discover the intentions of those who rule over them."
Mr. d.i.c.kinson"s "Farmer"s Letters" were widely read and highly commended. The argument, subtle but clear, deriving the nature of an act from the intention of its makers, and the intention of its makers from the nature of the act, contributed more than any other exposition to convince Americans that they "have the same right that all states have, of judging when their privileges are invaded."
"As much dependent on Great Britain as one perfectly free people can be on another," the Farmer said. Englishmen might be excused for desiring a more precise delimitation of parliamentary jurisdiction than could be found in this phrase, as well as for asking what clear legal ground there was for making any delimitation at all. To the first point, Mr. d.i.c.kinson said in effect that Parliament had not the right to tax the colonies and that it had not the right to abolish their a.s.semblies through which they alone could tax themselves. The second point Mr. d.i.c.kinson did not clearly answer, although it was undoubtedly most fundamental. To this point Mr. Samuel Adams had given much thought; and in letters which he drafted for the Ma.s.sachusetts a.s.sembly, in the famous circular letter particularly, and in the letter of January 12,1769, sent to the a.s.sembly"s agent in England, Mr. Dennys De Berdt, Mr. Adams formulated a theory designed to show that the colonies were "subordinate" but not subject to the British Parliament. The delimitation of colonial and parliamentary jurisdictions Mr. Adams achieved by subordinating all legislative authority to an authority higher than any positive law, an authority deriving its sanction from the fixed and universal law of nature. This higher authority, which no legislature could "overleap without destroying its own foundation," was the British Const.i.tution.
Mr. Adams spoke of the British Const.i.tution with immense confidence, as something singularly definite and well known, the provisions of which were clearly ascertainable; which singular effect doubtless came from the fact that he thought of it, not indeed as something written down on paper and deposited in archives of state, but as a series of propositions which, as they were saying in France, were indelibly "written in the hearts of all men." The British Const.i.tution, he said, like the const.i.tution of every free state, "is fixed," having its foundation not in positive law, which would indeed give Parliament an ultimate and therefore a despotic authority, but in "the law of G.o.d and nature." There were in the British Empire many legislatures, all deriving their authority from, and all finding their limitations in, the Const.i.tution. Parliament had certainly a supreme or superintending legislative authority in the Empire, as the colonial a.s.semblies had a "subordinate," in the sense of a local, legislative authority; but neither the Parliament nor any colonial a.s.sembly could "overleap the Const.i.tution without destroying its own foundation." And therefore, since the Const.i.tution is founded "in the law of G.o.d and nature," and since "it is an essential natural right that a man shall quietly enjoy and have the sole disposal of his property," the Americans must enjoy this right equally with Englishmen, and Parliament must be bound to respect this right in the colonies as well as in England; from which it followed irresistibly that the consent of the colonies to any taxation must be sought exclusively in their own a.s.semblies, it being manifestly impossible for that consent to be "const.i.tutionally had in Parliament."
It was commonly thought in America that Mr. Adams, although not a judge, had a singular gift for const.i.tutional interpretation. Far-sighted men could nevertheless believe that a powerful party in England, inspired by inveterate hatred of America and irretrievably bent upon her ruin, would p.r.o.nounce all his careful distinctions ridiculous and would still reply to every argument by the mere a.s.sertion, as a fact behind which one could not go, that Parliament had always had and must therefore still have full power to bind the colonies in all cases whatsoever. If Britain would not budge from this position, Americans would soon be confronted with the alternative of admitting Parliament to have full power or denying it to have any.
With that sharp-set alternative in prospect, it would be well to keep in mind the fact that arguments lost carrying power in proportion to their subtlety; and in the opinion of so good a judge as Benjamin Franklin the reasoning of Mr. Adams and Mr. d.i.c.kinson was perhaps not free from this grave disadvantage.
"I am not yet master [he was free to confess] of the idea these... writers have of the relation between Britain and her colonies. I know not what the Boston people mean by the "subordination" they acknowledge in their a.s.sembly to Parliament, while they deny its power to make laws for them, nor what bounds the Farmer sets to the power he acknowledges in Parliament to "regulate the trade of the colonies," it being difficult to draw lines between duties for regulation and those for revenue; and, if the Parliament is to be the judge, it seems to me that establishing such a principle of distinction will amount to little. The more I have thought and read on the subject, the more I find myself confirmed in opinion, that no middle ground can be well maintained, I mean not clearly with intelligible arguments. Something might be made of either of the extremes: that Parliament has a power to make ALL LAWS for us, or that it has a power to make NO LAWS for us; and I think the arguments for the latter more numerous and weighty, than those for the former."
The good Doctor had apparently read and thought a great deal about the matter since the day when Mr. Grenville had called him in to learn if there were good objections to be urged against the Stamp Act.
Practical men were meanwhile willing to allow the argument to take whatever direction the exigencies of the situation might require, being ready to believe that Mr. d.i.c.kinson counseled well and that Mr. Franklin counseled well; being nevertheless firmly convinced from past experience that an Englishman"s ability to see reason was never great except when his pocket was touched. Practical men were therefore generally of the opinion that they could best demonstrate their rights by exhibiting their power. This happily, they could do by bringing pressure to bear upon English merchants by taking money out of THEIR pockets-without their consent to be sure but in a manner strictly legal-by means of non-importation agreements voluntarily entered into.
As early as October, 1767, the Boston merchants entered into such an agreement, which was however not very drastic and proved to be of no effect, as it was at first unsupported by the merchants in any other colony. In April, 1768, the merchants of New York, seeing the necessity of concerted action, agreed not to import "any goods [save a very few enumerated articles] which shall be shipped from Great Britain after the first of October next; provided Boston and Philadelphia adopt similar measures by the first of June." Philadelphia merchants said they were not opposed to the principle of nonimportation, but greatly feared the New York plan would serve to create a monopoly by enabling men of means to lay in a large stock of goods before the agreement went into effect. This was very true; but the objection, if it was an objection, proved not to be an insurmountable one. Before the year was out, in the late summer for the most part, the merchants in all the commercial towns had subscribed to agreements, differing somewhat in detail, of which the substance was that they would neither import from Great Britain any commodities, nor buy or sell any which might inadvertently find their way in, until the duties imposed by the Townshend act should have been repealed.
The merchants" agreements were, for whatever reason, much better observed in some places than in others. Imports from Great Britain to New York fell during the year 1769 from about 482,000 pounds to about 74,000 pounds. Imports into New England and into Pennsylvania declined a little more than one half; whereas in the southern colonies there was no decline at all, but on the contrary an increase, slight in the case of Maryland and Virginia and rather marked in the Carolinas. In spite of these defections, the experiment was not without effect upon English merchants. English merchants, but little interested in the decline or increase of trade to particular colonies, were chiefly aware that the total exportation to America was nearly a million pounds less in 1769 than in 1768. Understanding little about colonial rights, but knowing only, as in 1766, that their "trade was hurt," they accordingly applied once more to Parliament for relief. The commerce with America which was "so essential to afford employment and subsistence to the manufactures of these kingdoms, to augment the public revenue, to serve as a nursery for seamen, and to increase our navigation and maritime strength"-this commerce, said the Merchants and Traders of the City of London Trading to America, "is at present in an alarming state of suspension"; and the Merchants and Traders of the City of London therefore humbly prayed Parliament to repeal the duties which were the occasion of their inconveniences.
The pet.i.tion of the London merchants came before the House on March 5, 1770, that being the day fixed by Lord North for proposing, on behalf of the ministry, certain measures for America. No one, said the first minister, could be more free than himself to recognize the importance of American trade or more disposed to meet the wishes of the London merchants as far as possible. The inconveniences under which that trade now labored were manifest, but he could not think, with the pet.i.tioners, that these inconveniences arose from "the nature of the duties" so much as "through the medium of the dissatisfaction of the Americans, and those combinations and a.s.sociations of which we have heard"-a.s.sociations and combinations which had been called, in an address to the House, "unwarrantable," but which he for his part would go so far as to call illegal. These illegal combinations in America were obviously what caused the inconveniences of which the merchants complained. To the pressure of illegal combinations alone Parliament ought never to yield; and ministers wished it clearly understood that, if they were about to propose a repeal of some of the duties, they were not led to take this step from any consideration of the disturbances in the colonies.
On the contrary, the duties which it was now proposed to repeal-the duties on lead, gla.s.s, and paper-were to be repealed strictly on the ground that they ought never to have been laid, because duties on British manufactures were contrary to true commercial principles. Last year, when ministers had expressed, in a letter of Lord Hillsborough to the governors, their intention to repeal these duties, some members had been in favor of repealing all the duties and some were still in favor of doing so. As to that, the first minister could only say that he had not formerly been opposed to it and would not now be opposed to it, had the Americans, in response to the Earl of Hillsborough"s letter, exhibited any disposition to cease their illegal disturbances or renounce their combinations. But the fact was that conditions in America had grown steadily worse since the Earl of Hillsborough"s letter, and never had been so bad as now; in view of which fact ministers could not but think it wise to maintain some tax as a matter of principle purely. They would therefore recommend that the tax on tea, no burden certainly on anyone, be continued as a concrete application of the right of Parliament to tax the colonies.
In so far as they were designed to bring pressure to bear upon the mother country, the merchants" agreements were clearly not without a measure of success, having helped perhaps to bring Parliament to the point of repealing the duties on lead, gla.s.s, and paper, as well as to bring ministers to the point of keeping the duty on tea. Americans generally were doubtless well pleased with this effect; but not all Americans were able to regard the experiment in non-importation with unqualified approval in other respects. Non-importation, by diminishing the quant.i.ty and increasing the price of commodities, involved a certain amount of personal sacrifice. This sacrifice, however, fell chiefly on the consumers, the non-importation not being under certain circ.u.mstances altogether without advantage to merchants who faithfully observed their pledges as well as to those who observed them only occasionally. So long as their warehouses, well stocked in advance, contained anything that could be sold at a higher price than formerly, non-importation was no bad thing even for those merchants who observed the agreement. For those who did not observe the agreement, as well as for those who engaged in the smuggling trade from Holland, it was no bad thing at any time, and it promised to become an increasingly excellent thing in exact proportion to the exhaustion of the fair trader"s stock and the consequent advance in prices. As time pa.s.sed, therefore, the fair trader became aware that the non-importation experiment, practically considered, was open to certain objections; whereas the unfair trader was more in favor of the experiment the longer it endured, being every day more convinced that the non-importation agreement ought to be continued and strictly adhered to as essential to the maintenance of American liberties.
The practical defects of non-importation were likely to be understood, by those who could ever understand them, in proportion to the decay of business; and in the spring of 1770 they were nowhere better understood than in New York, where the decay of business was most marked. This decrease was greatest in New York, so the merchants maintained, because that city had been most faithful in observing the agreement, importation having there fallen from 482,000 pounds to 74,000 pounds during the year. It is possible, however, that the decay of business in New York was due in part and perhaps primarily to the retirement, in November, 1768, of the last issues of the old Bills of Credit, according to the terms of the Paper Currency Act pa.s.sed by Parliament during Mr. Grenville"s administration. As a result of this retirement of all the paper money in the province, money of any sort was exceedingly scarce during the years 1769 and 1770. Lyon dollars were rarely seen; and the quant.i.ty of Spanish silver brought into the colony through the trade with the foreign islands, formerly considerable but now greatly diminished by, they, stricter enforcement of the Townshend Trade Acts, was hardly sufficient for local exchange alone, to say nothing of settling heavy balances in London, although, fortunately perhaps, there were in the year 1769 no heavy London balances to be settled on account of the faithful observance of the non-importation agreement by the merchants. The lack of money was therefore doubtless a chief cause of the great decay of business in New York; and some there were who maintained that the faithful observance of the non-importation agreement by the merchants was due to the decay of trade rather than the decay of trade being due to the faithful observance of the non-importation agreement.
Whatever the true explanation of this academic point might be, it was an undoubted fact that business was more nearly at a standstill in New York than elsewhere. Accordingly, in the spring of 1770, when money was rarely to be seen and debtors were selling their property at one-half or one-third of its former value in order to discharge obligations long overdue, the fair trading merchants of New York were not disposed to continue an experiment of which, as they said, they had borne the chief burden to the advantage of others and to their own impending ruin. Zealous Sons of Liberty, such as Alexander MacDougall and John Lamb, popular leaders of the "Inhabitants" of the city, were on the other hand determined that the non-importation agreement should be maintained unimpaired. The hard times, they said, were due chiefly to the monopoly prices exacted by the wealthy merchants, who were not ruined at all, who had on the contrary made a good thing out of the non-importation as long as they had anything to sell, and whose patriotism (G.o.d save the mark!) had now suddenly grown lukewarm only because they had disposed of all their goods, including "old moth-eaten clothes that had been rotting in the shops for years."
These aspersions the merchants knew how to ignore. Their determination not to continue the non-importation was nevertheless sufficiently indicated in connection with the annual celebration, in March, of the repeal of the Stamp Act. On this occasion the merchants refused to meet as formerly with the Sons of Liberty, but made provision for a dinner of their own at another place, where all the Friends of Liberty and Trade were invited to be present. Both dinners were well attended, and at both the repeal of the Stamp Act was celebrated with patriotic enthusiasm, the main difference being that whereas the Sons of Liberty drank a toast to Mr. MacDougall and to "a continuance of the non-importation agreement until the revenue acts are repealed," the Friends of Liberty and Trade ignored Mr. MacDougall and drank to "trade and navigation and a speedy removal of their embarra.s.sments."
In the determination not to continue the old agreement, the Friends of Liberty and Trade were meanwhile strongly confirmed when it was learned that Britain was willing on her part to make concessions. By the middle of May it was known that the Townshend duties (except the duty on tea) had been repealed; and in June it was learned that Parliament had at last, after many representations from the a.s.sembly, pa.s.sed a special act permitting New York to issue 120,000 pounds in Bills of Credit receivable at the Treasury. It was thought that concession on the part of Great Britain ought in justice to meet with concession on the part of America. Accordingly, on the ground that other towns, and Boston in particular, were more active "in resolving what they ought to do than in doing what they had resolved," and on the ground that the present non-importation agreement no longer served "any other purpose than tying the hands of honest men, to let rogues, smugglers, and men of no character plunder their country," the New York merchants, on July 9, 1770, resolved that for the future they would import from Great Britain all kinds of commodities except such as might be subject to duties imposed by Parliament.
The New York merchants were on every hand loudly denounced for having betrayed the cause of liberty; but before the year was out the old agreement was everywhere set aside. Yet everywhere, as at New York, the merchants bound themselves not to import any British teas. The duty on British teas was slight. Americans might have paid the duty without increasing the price of their much prized luxury; ministers might have collected the same duty in England to the advantage of the Exchequer. That Britain should have insisted on this peppercorn in acknowledgement of her right, that America should have refused it in vindication of her liberty, may be taken as a high tribute from two eminently, practical peoples to the power of abstract ideas.
CHAPTER V. A Little Discreet Conduct
It has been his [Thomas Hutchinson"s] principle from a boy that mankind are to be governed by the discerning few, and it has been ever since his ambition to be the hero of the few.-Samuel Adams.
We have not been so quiet these five years.... If it were not for two or three Adamses, we should do well enough.- Thomas Hutchinson.
In December, 1771, Horace Walpole, a persistent if not an infallible political prophet, was of opinion that all the storms that for a decade had distressed the Empire were at last happily blown over; among which storms he included, as relatively of minor importance, the disputes with the colonies. During two years following, this prediction might well have appeared to moderate minded men entirely justified. American affairs were barely mentioned in Parliament, and a few paragraphs in the "Annual Register" were thought sufficient to chronicle for English readers events of interest occurring across the Atlantic. In the colonies themselves an unwonted tranquillity prevailed. Rioting, as an established social custom, disappeared in most of the places where it had formerly been so much practised. The Sons of Liberty, retaining the semblance of an organization, were rarely in the public eye save at the annual celebrations of the repeal of the Stamp Act, quite harmless occasions devoted to the expression of patriotic sentiments. Merchants and landowners, again prosperous, were content to fall back into accustomed habits of life, conscious of duty done without too much stress, readily believing their liberties finally vindicated against encroachments from abroad and their privileges secure against unwarranted and dangerous pretensions at home. "The people appear to be weary of their altercations with the mother country," Mr. Johnson, the Connecticut agent, wrote to Wedderburn, in October, 1771; "a little discreet conduct on both sides would perfectly reestablish that warm affection and respect towards Great Britain for which this country was once remarkable."
Discreet conduct was nowhere more necessary than in Ma.s.sachusetts, where the people, perhaps because they were much accustomed to them, grew weary of altercations less easily than in most colonies. Yet even in Ma.s.sachusetts there was a marked waning of enthusiasm after the high excitement occasioned by the Boston Ma.s.sacre, a certain disintegration of the patriot party. James Otis recovered from a temporary fit of insanity only to grow strangely suspicious of Samuel Adams. Mr. Hanc.o.c.k, discreetly holding his peace, attended to his many thriving and very profitable business ventures. John Adams, somewhat unpopular for having defended and procured the acquittal of the soldiers implicated in the Ma.s.sacre, retired in high dudgeon from public affairs to the practice of his profession; in high dudgeon with everyone concerned-with himself first of all, and with the people who so easily forgot their interests and those who had, served them, and with the British Government and all fawning tools of ministers, of whom Mr. Thomas Hutchinson was chief. Meanwhile, Mr. Hutchinson, so roughly handled in the secret diary of the rising young lawyer, was the recipient of new honors, having been made Governor of the province to succeed Francis Bernard. For once finding himself almost popular, he thought he perceived a disposition in all the colonies, and even in Ma.s.sachusetts, to let the controversy subside. "Though there are a small majority sour enough, yet when they seek matter for protests, remonstrances, they are puzzled where to charge the grievances which they look for." The new Governor looked forward to happier days and an easy administration. "Hanc.o.c.k and most of the party are quiet," he said, "and all of them, except Adams, abate of their virulence. Adams would push the Continent into a rebellion tomorrow, if it was in his power."
No one, in the year 1770, was better fitted than Samuel Adams, either by talent and temperament or the circ.u.mstances of his position, to push the continent into a rebellion. Unlike most of his patriot friends, he had neither private business nor private profession to fall back upon when public affairs grew tame, his only business being, as one might say, the public business, his only profession the definition and defense of popular rights. In this profession, by dint of single-minded devotion to it through a course of years, he had indeed become wonderfully expert and had already achieved for himself the enviable position of known and named leader in every movement of opposition to royal or magisterial prerogative. In this connection no exploit had brought him so much distinction as his skillful management of the popular uprising which had recently forced Governor Hutchinson to withdraw the troops from Boston. The event was no by-play in the life of Samuel Adams, no amateur achievement accomplished on the side, but the serious business of a man who during ten years had abandoned all private pursuits and had embraced poverty to become a tribune of the people.
Samuel Adams had not inherited poverty nor had he, after all, exactly embraced it, but had as it were naturally drifted into it through indifference to worldly gain, the indifference which men of single and fixed purpose have for all irrelevant matters. The elder Samuel Adams was a merchant of substance and of such consequence in the town of Boston that in Harvard College, where students were named according to the prominence of their families, his son"s name was fifth in a cla.s.s of twenty-two. In 1748, upon the death of his father, Samuel Junior accordingly inherited a very decent property, considered so at least in that day-a s.p.a.cious old house in Purchase Street together with a well-established malt business. For business, however, the young man, and not so young either, was without any apt.i.tude whatever, being entirely devoid of the acquisitive instinct and neither possessing nor ever being able to acquire any skill in the fine art of inducing people to give for things more than it cost to make them. These deficiencies the younger Adams had already exhibited before the death of his father, from whom he received on one occasion a thousand pounds, half of which he promptly loaned to an impecunious friend, and which he would in any case doubtless have lost, as he soon did the other half, on his own account. In such incompetent hands the malt business soon fell to be a liability rather than an a.s.set. Other liabilities acc.u.mulated, notably one incurred by the tax collectors of the town of Boston, of whom Samuel Adams was one during the years from 1756 to 1764. For one reason or another, on Adams"s part certainly on account of his humane feelings and general business inefficiency, the collectors fell every year a little behind in the collections, and one day found themselves declared on the official records to be indebted to the town in the sum of 9,878 pounds. This indebtedness Mr. Hutchinson and other gentlemen not well disposed towards Samuel Adams conveniently and frequently referred to in later years as a "defalcation."
In this year of 1764, when he had lost his entire patrimony except the old house in Purchase Street, now somewhat rusty for want of repair, Samuel Adams was married to Elizabeth Wells. It was his second marriage, the first having taken place in 1749, of which the fruit was a son and a daughter. Samuel Adams was then-it was the year of the Sugar Act-forty-two years old; that is to say, at the age when a man"s hair begins to turn gray, when his character is fixed, when his powers, such as they are, are fully matured; well known as a "poor provider," an improvident man who had lost a fair estate, had failed in business, and was barely able, and sometimes not able, to support his small family. These mundane matters concerned Samuel Adams but little. To John Adams he said on one occasion that "he never looked forward in life; never planned, laid a scheme, or formed a design for laying up anything for himself or others after him." This was the truth, inexplicable as it must have seemed to his more provident cousin. It was even less than the truth: during the years following 1764, Samuel Adams renounced all pretense of private business, giving himself wholly to public affairs, while his good wife, with excellent management, made his stipend as clerk of the a.s.sembly serve for food, and obtained, through the generosity of friends or her own ingenious labors, indispensable clothes for the family. Frugality, that much lauded virtue in the eighteenth century, needed not to be preached in the old Purchase Street home; but life went on there, somehow or other, decently enough, not without geniality yet with evident piety. The old Bible is still preserved from which each evening some member of the family read a chapter, and at every meal the head of the house said grace, returning thanks for G.o.d"s benefits.
If Samuel Adams at the age of forty-two was known for a man who could not successfully manage his own affairs, he was also known, and very well known, for a man with a singular talent for managing the affairs of the community; he could manage successfully, for example, town meetings and every sort of business, great or small, incidental to local politics. This talent he may have inherited from his father, who was himself a notable of the neighborhood,-one of the organizers of the "New South" church, and prominent about 1724 in a club popularly known as the "Caulkers" Club," formed for the purpose of laying "plans for introducing certain persons into places of trust and power," and was himself from time to time introduced into such places of trust and power as justice of the peace, deacon, selectman, and member of the provincial a.s.sembly. From an early age, the younger Samuel exhibited a marked apt.i.tude for this sort of activity, and was less likely to be found "in his countinghouse a-counting of his money" than in some hospitable tavern or back shop discussing town topics with local worthies. Samuel Adams was born to serve on committees. He had the innate slant of mind that properly belongs to a moderator of ma.s.s meetings called to aggravate a crisis. With the soul of a Jacobin, he was most at home in clubs, secret clubs of which everyone had heard and few were members, designed at best to accomplish some particular good for the people, at all events meeting regularly to sniff the approach of tyranny in the abstract, academically safeguarding the commonwealth by discussing the first principles of government.
From the days of Anne Hutchinson, Boston never lacked clubs; and the Caulkers" Club was the prototype of many, rather more secular and political than religious or transcendental, which flourished in the years preceding the Revolution. John Adams, in that Diary which tells us so much that we wish to know, gives us a peep inside one of these clubs, the "Caucus Club," which met regularly at one period in the garret of Tom Dawes"s house. "There they smoke tobacco till you cannot see from one end of the garret to the other. There they drink flip, I suppose, and there they choose a moderator who puts questions to the vote regularly; and selectmen, a.s.sessors, collectors, wardens, fire-wards, and representatives are regularly chosen before they are chosen in the town. Uncle Fairfield, Story, Ruddock, Adams, Cooper, and a rudis indigestaque moles of others are members. They send committees to wait on the merchants" club, and to propose and join in the choice of men and measures." The artist Copley, in the familiar portrait by which posterity knows Samuel Adams, chose to represent him in conventional garb, on a public and dramatic occasion, standing erect, eyes flashing and mouth firmset, pointing with admonitory finger to the Charter of Ma.s.sachusetts Bay-a portrait well suited to hang in the Art Museum or in the meeting place of the Daughters of the Revolution. A different effect would have been produced if the man had been placed in Tom Dawes"s garret, dimly seen through tobacco smoke, sitting, with coat off, drinking flip, in the midst of Uncle Fairfield, Story, Cooper, and a rudis indigestaque moles. This was his native habitat, an environment precisely suited to his peculiar talent.
Samuel Adams had a peculiar talent, that indispensable combination of qualities possessed by all great revolutionists of the crusading type, such as Jean Jacques Rousseau, John Brown, or Mazzini. When a man abandons his business or job and complacently leaves the clothing of his children to wife or neighbors in order to drink flip and talk politics, ordinary folk are content to call him a lazy lout, ne"er-do-well, worthless fellow, or scamp. Samuel Adams was not a scamp. He might have been no more than a ne"er-do-well, perhaps, if cosmic forces had not opportunely provided him with an occupation which his contemporaries and posterity could regard as a high service to humanity. In his own eyes, this was the view of the situation which justified his conduct. When he was about to depart for the first Continental Congress, a number of friends contributed funds to furnish him forthwith presentable apparel: a suit of clothes, new wig, new hat, "six pair of the best silk hose, six pair of fine thread ditto,....six pair of shoes"; and, it being "modestly inquired of him whether his finances were not rather low than otherwise, he replied it was true that was the case, but HE WAS VERY INDIFFERENT ABOUT THESE MATTERS, SO THAT HIS POOR ABILITIES WERE OF ANY SERVICE TO THE PUBLIC; upon which the gentleman obliged him to accept a purse containing about fifteen or twenty Johannes." To accept so much and still preserve one"s self-respect would be impossible to ordinary men under ordinary circ.u.mstances. Fate had so ordered the affairs of Samuel Adams that integrity of character required him to be an extraordinary man acting under extraordinary circ.u.mstances.
The character of his mind, as well as the outward circ.u.mstances of his life, predisposed Samuel Adams to think that a great crisis in the history of America and of the world confronted the men of Boston. There was in him some innate scholastic quality, some strain of doctrinaire Puritan inheritance diverted to secular interests, that gave direction to all his thinking. In 1743, upon receiving the degree of Master of Arts from Harvard College, he argued the thesis, "Whether it be lawful to resist the Supreme Magistrate, if the Commonwealth cannot otherwise be preserved." We may suppose that the young man acquitted himself well, reasoning with great nicety in favor of the legality of an illegal action, doubtless to the edification of Governor Shirley, who was present and who perhaps felt sufficiently remote from the performance, being himself only an actual supreme magistrate presiding over a real commonwealth. And indeed for most young men a college thesis is but an exercise for sharpening the wits, rarely dangerous in its later effects. But in the case of Samuel Adams, the ability to distinguish the speculative from the actual reality seemed to diminish as the years pa.s.sed. After 1764, relieved of the pressure of life"s anxieties and daily nourishing his mind on premises and conclusions reasonably abstracted from the relative and the conditioned circ.u.mstance, he acquired in a high degree the faculty of identifying reality with propositions about it; so that, for example, Liberty seemed threatened if improperly defined, and a false inference from an axiom of politics appeared the same as evil intent to take away a people"s rights. Thus it was that from an early date, in respect to the controversy between the colonies and the mother country, Samuel Adams became possessed of settled convictions that were capable of clear and concise presentation and that were at once impersonal and highly subjective, for which outward events-the Stamp Act, the Townshend duties, the appointment of Thomas Hutchinson as Governor, or whatever-furnished as it were the suggestion only, the convictions themselves being largely the result of inward brooding, the finespun product of his own ratiocinative mind.
The crisis which thus threatened-in the mind of Samuel Adams-was not an ordinary one: no mere complication of affairs, or creaking of wornout inst.i.tutions, or honest difference of opinion about the expediency or the legality of measures. It was a crisis engendered deliberately by men of evil purpose, public enemies well known and often named. Samuel Adams, who had perhaps not heard of even one of the many materialistic interpretations of history, thought of the past as chiefly instructive in connection with certain great epochal conflicts between Liberty and Tyranny-a political Manicheanism, in which the principle of Liberty was embodied in the virtuous many and the principle of Tyranny in the wicked few. Those who read history must know it for a notorious fact that ancient peoples had lost their liberties at the hands of designing men, leagued and self-conscious conspirators against the welfare of the human race. Thus the yoke was fastened upon the Romans, "millions... enslaved by a few." Now, in the year 1771, another of these epochal conflicts was come upon the world, and Samuel Adams, living in heroic days, was bound to stand in the forefront of the virtuous against "restless Adversaries... forming the most dangerous Plans for the Ruin of the Reputation of the People, in order to build their own Greatness upon the Destruction of their liberties."
A superficial observer might easily fall into the error of supposing that the restless adversaries and designing conspirators against whom patriots had to contend were all in England; on the contrary, the most persistent enemies of Liberty were Americans residing in the midst of the people whom they sought to despoil. One might believe that in England "the general inclination is to wish that we may preserve our liberties; and perhaps even the ministry could for some reasons find it in their hearts to be willing that we should be restored to the state we were in before the pa.s.sing of the Stamp Act." Even Lord Hillsborough, richly meriting the "curses of the disinterested and better part of the colonists," was by no means "to be reckoned the most inveterate and active of all the Conspirators against our rights. There are others on this side of the Atlantick who have been more insidious in plotting the Ruin of our Liberties than even he, and they are the more infamous, because the country they would enslave, is that very Country in which (to use the words of their Adulators and Expectants) they were "born and educated."" Of all these restless adversaries and infamous plotters of ruin, the chief, in the mind of Samuel Adams, was probably Mr. Thomas Hutchinson.
Judged only by what he did and said and by such other sources of information as are open to the historian, Thomas Hutchinson does not appear to have been, prior to 1771, an Enemy of the Human Race. One of his ancestors, Mistress Anne Hutchinson, poor woman, had indeed been-it was as far back as 1637-an enemy of the Boston Church; but as a family the Hutchinsons appear to have kept themselves singularly free from notoriety or other grave reproach. Thomas Hutchinson himself was born in 1711 in Garden Court Street, Boston, of rich but honest parents, a difficult character which he managed for many years to maintain with reasonable credit. In 1771, he was a grave, elderly man of sixty years, more distinguished than any of his forebears had been, having since the age of twenty-six been honored with every important elective and appointive office in the province, including that of governor, which he had with seeming reluctance just accepted. It may be that Thomas Hutchinson was ambitious; but if he elbowed his way into office by solicitation or by the mean arts of an intriguer the fact was well concealed. He was not a member of the "Caulkers" Club." So far as is known, he was not a member of any club designed "to introduce certain persons into places of trust and power"; except indeed of the club, if one may call it such, composed of the "best families," closely interrelated by marriage and social intercourse, mostly wealthy, enjoying the leisure and the disposition to occupy themselves with affairs, and commonly regarding themselves as forming a kind of natural aristocracy whose vested duty it was to manage the commonwealth. To this club Mr. Hutchinson belonged; and it was no doubt partly through its influence, without any need of solicitation on his part, that offices were thrust upon him.
One morning in September, 1760-it was the day following the death of Chief Justice Sewall-Mr. Hutchinson was stopped in the street by the first lawyer in the province, Jeremiah Gridley, who a.s.sured him that he, Mr. Hutchinson, must be Mr. Sewall"s successor; and it soon appeared that other princ.i.p.al lawyers, together with the surviving judge of the Superior Court, were of the same opinion as Mr. Gridley. Although the place was an attractive one, Mr. Hutchinson distrusted his ability to discharge competently the duties of a Chief Justice, since he had never had any systematic training as a lawyer. Besides, as he was aware, James Otis, Sr., who desired the place and made no secret of the fact that he had formerly been promised it by Governor Shirley, at once became active in pressing his claims upon the attention of Governor Bernard. In this solicitation he was joined by his son, James Otis, Jr. Mr. Hutchinson, on the contrary, refrained from all solicitation, so he tells us at least, and even warned Governor Bernard that it would perhaps be wiser to avoid any trouble which the Otises might be disposed to make in case they were disappointed. This line of conduct may have been only a shrewder form of solicitation, the proof of which, to some minds, would be that Mr. Hutchinson was in fact appointed to be Chief Justice. This appointment was afterwards recalled as one of Mr. Hutchinson"s many offenses, although at the time it seems to have given general satisfaction, especially to the lawyers.
The lawyers may well have been pleased, for the new Chief Justice was a man whose outstanding abilities, even more than his place in society, marked him for responsible position. Thomas Hutchinson possessed the efficient mind. No one surpa.s.sed him in wide and exact knowledge, always at command, of the history of the province, of its laws and customs, of past and present practice in respect to the procedure of administration. Industrious and systematic in his habits of work, conscientious in the performance of his duties down to the last jot and t.i.ttle of the law, he was preeminently fitted for the neat and expeditious dispatch of official business; and his sane and trenchant mind, habituated by long practice to the easy mastery of details, was prompt to pa.s.s upon any practical matter, however complicated, an intelligent and just judgment. It was doubtless thought, in an age when the law was not too highly specialized to be understood by any but the indoctrinated, that these traits would make him a good judge, as they had made him a good councilor. Not all people, it is true, are attracted by the efficient mind; and Mr. Hutchinson in the course of years had made enemies, among whom were many who still thought of him as the man chiefly responsible for the abolition, some eleven years before, of what was probably the most vicious system of currency known to colonial America. Nevertheless, in the days before the pa.s.sing of the Stamp Act, Mr. Hutchinson was commonly well thought of, both for character and ability, and might still without offense be mentioned as a useful and honored public servant.
Mr. Hutchinson did not, at any time in his life, regard himself as an Enemy of the Human Race, or of America, or even of liberty rightly considered. Perhaps he had not the fine enthusiasm for the Human Race that Herder or Jean Jacques Rousseau had; but at least he wished it well; and to America, the country in which he was born and educated and in which he had always lived, he was profoundly attached. Of America he was as proud as a cultivated and unbigoted man well could be, extremely jealous of her good name abroad and prompt to stand, in any way that was appropriate and customary, in defense of her rights and liberties. To rights and liberties in general, and to those of America in particular, he had given long and careful thought. It was perhaps characteristic of his practical mind to distinguish the word liberty from the various things which it might conceivably represent, and to think that of these various things some were worth more than others, what any of them was worth being a relative matter depending largely upon circ.u.mstances. Speaking generally, liberty in the abstract, apart from particular and known conditions, was only a phrase, a bra.s.sy tinkle in Mr. Hutchinson"s ear, meaning nothing unless it meant mere absence of all constraint. The liberty which Mr. Hutchinson prized was not the same as freedom from constraint. Not liberty in this sense, or in any sense, but the welfare of a people neatly ordered for them by good government, was what he took to be the chief end of politics; and from this conception it followed that "in a remove from a state of nature to the most perfect state of government there must be a great restraint of natural liberty."
The limitations proper to be placed upon natural liberty could scarcely be determined by abstract speculation or with mathematical precision, but would obviously vary according to the character and circ.u.mstances of a people, always keeping in mind the "peace and good order" of the particular community as the prime object. In all such matters reasonable men would seek enlightenment not in the Utopias of philosophers but in the history of nations; and, taking a large view of history, the history more particularly of the British Empire and of Ma.s.sachusetts Bay, it seemed to Mr. Hutchinson, as it seemed to John Locke and to Baron Montesquieu, that a proper balance between liberty and authority had been very nearly attained in the British Const.i.tution, as nearly perhaps as common human frailty would permit. The prevailing "thirst for liberty," which seemed to be "the ruling pa.s.sion of the age," Mr. Hutchinson was therefore able to contemplate with much sanity and detachment. "In governments under arbitrary rule" such a pa.s.sion for liberty might, he admitted, "have a salutary effect; but in governments in which as much freedom is enjoyed as can consist with the ends of government, as was the case in this Province, it must work anarchy and confusion unless there be some external power to restrain it."
In 1771, Thomas Hutchinson was perfectly convinced that this pa.s.sion for liberty, during several years rising steadily in the heads of the most unstable part of the population, the most unstable "both for character and estates," had brought Ma.s.sachusetts Bay to a state not far removed from anarchy. Not that he was unaware of the mistakes of ministers. The measures of Mr. Grenville he had regarded as unwise from every point of view. In behalf of the traditional privileges of the colonies-privileges which their conduct had well justified-and in behalf of the welfare of the Empire, he had protested against these measures, as also later against the measures of Mr. Townshend; and of all these measures he still held the same opinion, that they were unwise measures. Nevertheless, Parliament had undoubtedly a legal right other rights in the political sense, Mr. Hutchinson knew nothing of to pa.s.s them; and the pa.s.sing of legal measures, however unwise, was not to his mind clear evidence of a conspiracy to establish absolute despotism on the ruins of English liberty. Mr. Hutchinson was doubtless temperamentally less inclined to fear tyranny than anarchy. Of the two evils, he doubtless preferred such oppression as might result from parliamentary taxation to any sort of liberty the attainment of which might seem to require the looting of his ancestral mansion by a Boston mob. In 1771, at the time of his accession to the governorship, Mr. Hutchinson was therefore of opinion that "there must be an abridgment of WHAT IS CALLED English liberty."
The liberty Thomas Hutchinson enjoyed least and desired most to have abridged was the liberty of being governed, in that province where he had formerly been happy in the competent discharge of official duties, by a self-const.i.tuted and illegal popular government intrenched in the town of Boston. In a letter which he wrote in 1765 but did not send, he said:
"It will be some amus.e.m.e.nt to you to have a more circ.u.mstantial account of the model of government among us. I will begin with the lowest branch, partly legislative, partly executive. This consists of the rabble of the town of Boston, headed by one Mackintosh, who, I, imagine, you never heard of. He is a bold fellow, and as likely for a Masaniello as you can well conceive. When there is occasion to burn or hang effigies or pull down houses, these are employed; but since government has been brought to a system, they are somewhat controlled by a superior set consisting of the mastermasons, and carpenters, etc., of the town of Boston. When anything of more importance is to be determined, as opening the custom-house on any matter of trade, these are under the direction of a committee of the merchants, Mr. Rowe at their head, then Molyneaux, Soloman Davis, etc.: but all affairs of a general nature, opening of the courts of law, etc., this is proper for a general meeting of the inhabitants of Boston, where Otis, with his mob-high eloquence, prevails in every motion, and the town first determine what is necessary to be done, and then apply either to the Governor or Council, or resolve that it is necessary for the General Court to correct it; and it would be a very extraordinary resolve indeed that is not carried into execution."