“In regard to the requisitions made by the occupying army,” said this statement, “attention is called to the fact that the United States Supreme Court in the case New Orleans versus Steamship Company, 20 Wall, 394, decided that the military governing authority ‘may do anything to strengthen itself and to weaken the enemy,’ and that the Court further stated that ‘there is no limit to the powers that may be exerted in such cases save those which are found in the laws and usages of war.’ ”[123]
The Old Spirit
Despite the cannon that glowered in all the streets, Boston’s fury at this ironic rejoinder nearly broke through all restraint. In the old city that had the famous Tea Party among its prized achievements, the spirit of that past age awoke again, and spread, almost without concerted thought or intention. Wherever men could meet they formed in groups to ease their minds by free speech, if they could do nothing else. In several quarters of the city there were incipient riots, suppressed by the police only just in time to avoid bloody interference by the soldiers.
“We must curb this town,” said the Commanding General to the military council in the State House. “It is not one to remain cowed for long, without repressive measures.”
The council nodded. Next morning’s newspapers had on their first pages an announcement that made many readers rub their eyes and stare incredulously at the printed page, for on it was such a proclamation as might have been read in Boston town in the reign of Charles I. It was headed:
SEDITION LAW
1. Every person resident in the territory occupied by
the power exercising sovereignty by right of conquest, who
shall utter seditious words or speeches, or write, publish or
circulate scurrilous libels against the governing authority,
or who shall conceal such practices that come to his knowledge,
shall be punished summarily and severely.
2. Every person who joins a secret society or attends a
secret meeting for the purpose of advocating sedition or
rebellion shall be punished summarily and severely.[124]
Again the citizens’ committee protested. Boston lawyers represented to the military council that American citizens could not be held guilty of sedition or rebellion if they adhered to their country.
Citizens of No Country
“The inhabitants of conquered territory,” answered the council, “are citizens of no country. They are under the jurisdiction of the occupying army; but they are not even entitled to the privileges of citizens of the country which controls that army.”[125]