The Writings of Samuel Adams - Volume 2

by Samuel Adams

ARTICLE SIGNED “VINDEX.”

[Boston Gazette, December 10, 1770.]

To the Printers,

The trial of Capt. Preston and the Soldiers who were indicted for the murder of Messrs. Gray, Maverick, Caldwell, Carr and Attucks, on the fatal fifth of March last, occasions much speculation in this Town: And whatever may be the sentiments of men of the coolest minds abroad, concerning the issue of this trial, we are not to doubt, but the Court,1 the Jury, the Witnesses, and the Council on both sides, have conscienciously acquitted themselves: To be sure, no one in his senses will venture to affirm the contrary.

I am free to declare my opinion, that a cause of so great importance, not only to this town, but to all his Majesty’s subjects, especially to the inhabitants of cities and sea-port towns; who are expos’d to have troops posted among them, whenever the present administration shall take it into their heads in his Majesty’s name to send them; such a cause, I say, ought to be fairly stated to the public; that we may from thence learn how far we are bound to submit to every band of soldiers we may meet in the streets, and in what instances we may venture to interpose and prevent their murdering those whom we may think to be innocent persons without being liable to be censured for acting unlawfully, if we escape with our own heads, if we should fall victims to their rage and cruelty.

It was a question put by the chief magistrate of this province to the officer who commanded on that bloody evening. “Did you not know that you should not have fired without the order of a civil magistrate”. And it was sworn in court in the case of Capt. Preston, that he answered, “I did it to save my Sentry”: But whatever his answer was, or however “unsatisfactory” to his Honor, the question plainly implies that it was the judgment of his Honor, that the soldiers could not justify themselves in firing upon the people without the order of the civil magistrate. Yet they did fire without such orders, and killed five of his Majesty’s good subjects; most, if not all of whom were at that time, for aught that has yet appear’d, in the peace of God and the King! They not only fired without the orders of the civil magistrate, but they never called for one, which they might easily have done—They went down of their own accord, arm’d with musquets, and bayonets fix’d, presuming that they were cloath’d with as much authority by the law of the land, as the Posse Comitatus of the country with the high sheriff at their head—How little regard is due to the word fo a m—r, who would fain have flatter’d us into a belief that the troops were sent here to aid the civil magistrate, and were never to act without one? And let me observe, how fatal are the effects, the danger of which I long ago mention’d, of posting a standing army among a free people!

If his Honor was not mistaken in his judgment, and I presume he was not, viz. that it was unlawful for them to fire without the order of the civil magistrate, they were certainly from the beginning, at least very imprudent and fool-hardy, in going down, arm’d as they were, with weapons of death, without the direction of the civil magistrate; especially, if they intended to fire, as I think it is manifest they did.— When Captain Preston was asked, Whether the soldiers intended to fire, he answer’d they could not fire without his orders: No one will pretend that they had not strength or skill to pull their trickers; but by the rules of the army, their own rules, they were restrained from firing till he first gave them orders: Yet contrary to those very rules they all did fire; all but one, and he did all he could to fire, for his gun flush’d in the pan—it is said that when it was urg’d by the council for the crown, that by the rules of law they ought to have retreated if they were in danger of their lives; it was answered, that by the rules of the army they were chain’d as it were to their post—that they dared not to retreat without the orders of their captain—that in so doing they would have ‘expos’d themselves to a sentence of death in a court martial:’—Yet we have it from great authority that they would have been distracted if they had not fired, upon a supposition that they were in danger; altho’ by the same rules of war they could not have fired any more than they could have retreated, till the captain order’d them; and they expos’d themselves to be shot by the sentence of a court martial if they did fire, as much as they would have done if they had retreated without his order—Certainly it will not be said, it was more becoming the bravery of a British soldier, to stand his ground against the subjects of his own King, and kill them upon the spot, than to have retreated and deserted the glorious cause, and thus have saved the lives of his Majesty’s subsjects.

The behavior of the party as they went from the main guard discover’d an haughty air—they push’d their bayonets and damn’d the people as they went along—and when they arriv’d at their post, one witness who is a young gentleman of a liberal education and an unspotted character, declared, that when they came down there were about ten persons round the sentry—that one of the prisoners whom he particularly named, loaded his gun, pushed him with his bayonet and damn’d him—that about fifty or sixty persons came down with the party, and that he did not observe the people press on. Another declared, that when the soldiers were loading, about a dozen surrounded them, and that several of them struck their guns—that he saw ice or snow balls thrown, but did not apprehend himself or the soldiers in danger by any thing he saw—This witness was very near the soldiers; and will any one wonder, that when the soldiers were to all appearance meditating the death of people by loading their guns, while there was no apparent danger to them, some of the people should strike their guns, to prevent the mischief which they seem’d to be resolv’d upon.

Another declared, that one of the prisoners whom he also named, struck him upon the arm with his bayonet as the party came down before they formed; and that he had then told Capt. Preston that every body was about dispersing—The characters of these witnesses will not be contested. Such a conduct surely did not discover the most peaceable disposition in this lawful assembly of soldiers—One would think that they intended to assassinate those, who they had no reason to think had the least inclination to injure them—If these are not instances of assault, I know not what an assault is: And if they were not an unlawful assembly before, it may well be suppos’d they were at this time doing an unlawful act—an act that to be sure very ill became gentlemen soldiers sent here to curb a rebellious spirit and keep the peace: But there is a colouring at hand; and because this party did not knock a witness down, or run him thro’, who had the audacity to refuse at their sovereign order to move out of the way for them as they pass’d the street from the main guard to the custom-house, tho’ he had then been push’d with a bayonet by one of them, it is sufficient to convince all the world of their lamb-like meekness and immaculate innocence.

I have in a former paper consider’d soldiers when quarter’d in free cities, in the light of other inhabitants, under the same direction of the civil magistrate and the same controul of the law of the land: and that by this law, like all other men, they are to be protected, govern’d, restrain’d, rewarded or punish’d. If then a soldier has the right in common with other men, to arm himself for his defence when he thinks there is a necessity for it, he has certainly no more right then they, to use his weapons of death at random; or at all under a pretence of suppressing riots, or any other pretence, without the presence of the civil magistrate, unless his own life is in danger, and he cannot retreat: Such a liberty would tend to increase the disorder rather than suppress it, and would endanger life rather than save it: In the instances I have mention’d, the lives of the soldiers were not in danger from the men whom they assaulted: This was early in the tragical scene, and it was an assault personally upon those who had not attempted to do them the least injury: How far their lives were in danger afterwards, and who were in fault, shall be the subject of free Enquiry in a future paper.

VINDEX.

1The published report, cited above, p. 60, contains the charge to the jury as given only by Judge Trowbridge and Judge Oliver. All that is extant of Judge Lynde’s charge to the jury is printed in The Diaries of Benjamin Lynde and of Benjamin Lynde, Jr., pp. 228-230.