It was determined to try the soldiers for their lives, and public feeling ran so fiercely against them that it seemed as if their fate was sealed. The trial, however, was delayed for seven months till the excitement had in some degree subsided. Captain Preston very judiciously appealed to John Adams, who was rapidly rising to the first place among the lawyers and the popular party of Boston, to undertake his defence. Adams knew well how much he was risking by espousing so unpopular a cause, but he knew also his professional duty, and though violently opposed to the British Government, he was an eminently honest, brave, and humane man. In conjunction with Josiah Quincy, a young lawyer who was also of the popular party, he undertook the invidious task, and he discharged it with consummate ability. Three years afterwards he wrote in his diary: "The part I took in defence of Capt. Preston and the soldiers procured me anxiety and obloquy enough. It was, however, one of the most gallant, generous, manly, and disinterested acts of my whole life, and one of the best pieces of service I ever rendered my country. Judgment of death against those soldiers would have been as foul a stain upon this country as the execution of the Quakers or witches, anciently. As the evidence was, the verdict of the jury was exactly right."
These noble words and his actions in this matter are sufficient alone to prove that John Adams was a fit successor to President Washington. He was entirely just in the estimate he put upon his conduct in these frank terms. His defence of the soldiers was one of the most courageous acts that a thoroughly manly man performed, and his summing up of the matter just quoted, is perfectly accurate. If John Adams showed himself here a man of sense and a hero, as much cannot be said of his cousin, Samuel Adams, who undoubtedly was one of the leaders who incited the mob to attack the soldiers, as hinted at by Gordon. And, again, in the vindictive persecution which followed, in the attempt to arouse in England and America indignation against the soldiers, by documents based on evidence hastily collected in advance of the trial, from wholly unreliable witnesses, and in the attempt to precipitate the trial while passion was still hot, the misbehavior of the people was grave. In all this no leader was more eager than Samuel Adams, and in no time in his career, probably, does he more plainly lay himself open to the charge of being a reckless demagogue, a mere mob-leader, than at this moment.
Captain Preston and six of the soldiers, who were tried for murder, were acquitted; two of the soldiers, convicted of manslaughter, were branded on the hand and then released. The most important testimony in the case was that of the celebrated surgeon, John Jeffries, who attended Patrick Carr, an Irishman, fatally wounded in the affray. It is as follows: "He said he saw many things thrown at the sentry; he believed they were oyster shells and ice; he heard the people huzza every time they heard anything strike that sounded hard. He then saw some soldiers going down towards the custom-house; he saw the people pelt them as they went along. I asked him whether he thought the soldiers would fire; he said he thought the soldiers would have fired long before. I then asked him if he thought the soldiers were abused a great deal; he said he thought they were. I asked him whether he thought the soldiers would have been hurt if they had not fired; he said he really thought they would, for he heard many voices cry out, 'Kill them!' I asked him, meaning to close all, whether he thought they fired in self-defence or on purpose to destroy the people; he said he really thought they did fire to defend themselves; that he did not blame the man, whoever he was, that shot him. He told me he was a native of Ireland; that he had frequently seen mobs, and soldiers called to quell them. Whenever he mentioned that, he called himself a fool; that he might have known better; that he had seen soldiers often fire on people in Ireland, but had never in his life seen them bear so much before they fired."
John Adams, in his plea in defence of the soldiers, said: "We have been entertained with a great variety of phrases to avoid calling this sort of people a mob. Some called them shavers, some called them geniuses. The plain English is, they were probably a motley rabble of saucy boys, negroes, mulattoes, Irish teagues, and outlandish Jack-tars, and why we should scruple to call such a set of people a mob, I can't conceive, unless the name is too respectable for them."
Chief-Justice Lynde, eminent for his judicial integrity and impartiality, said on the announcement of the verdict: "Happy am I to find, after much strict examination, the conduct of the prisoners appears in so fair a light, yet I feel myself deeply affected that this affair turns out so much to the disgrace of every person concerned against them, and so much to the shame of the town in general."
In 1887, at the instigation of John Boyle O'Reilly and the negroes of Boston, the Legislature passed a bill authorizing the expenditure of $10,000 for the purpose of erecting a monument to the memory of the "victims of the Boston Massacre." The monument was erected on Boston Common, notwithstanding the fact that the Massachusetts Historical Society, and the New England Historic Genealogical Society, voted unanimously against it. "That it was a waste of public money, that the affray was occasioned by the brutal and revengeful attack of reckless roughs upon the soldiers, while on duty, who had not the civilian's privilege of retreating, but were obliged to contend against great odds, and used their arms only in the last extremity; that the killed were rioters and not patriots, and that a jury of Boston citizens had acquitted the soldiers." A joint committee, composed of members of both societies, presented the resolutions to Governor Ames, and requested him to veto the bill. He admitted that "the monument ought not to be erected, but if he vetoed the bill it would cost the Republican party the colored vote." When the monument was erected and uncovered, it presented such an indecent appearance that the City Council immediately voted $250 for a new capstone. It now represents an historical lie, and is a sad commentary on the intelligence and art taste of the citizens of Boston. To be sure monuments of stone will not avail to perpetuate an error of history, as witness the monument erected to commemorate the Great Fire of London. The inscription on that monument, embodying a gross perversion of history, was effaced in 1831, after it had stood there one hundred and fifty years, but the just resentment, the ill-feeling, the grief and shame which it engendered during that period, had been evils of incalculable magnitude. The time will surely come when the monument on Boston Common will be removed for the same reason.
On the 18th of March, 1766, the Stamp Act was repealed. It had remained in force but one year, and was then repealed in an effort to pacify the colonists. A duty was placed on tea and other imports which the colonists had always admitted to be a valid act of the Parliament. Whatever might be said of the Stamp Act, the tea duty was certainly not a real grievance to Americans, for Parliament had relieved the colonists of a duty of 12d. in the pound which had hitherto been levied in England, and the colonists were only asked, in compensation, to pay a duty of 3d. in the pound on arrival of the tea in America. The measure, therefore, was not an act of oppression, but of relief, making the price of tea in the colonies positively cheaper by 9d. per pound than it had been before. But the turbulent spirits were not to be satisfied so easily. They organized an immense boycott against British goods and commercial intercourse with England, and appointed vigilance committees in many communities to see that the boycott was rigidly enforced. Hutchinson, in describing them, says: "In this Province the faction is headed by the lowest, dirtiest, and most abject part of the community, and so absurdly do the Council and House of Representatives reason, that they justify this anarchy, the worst of tyranny, as necessary to remove a single instance of what they call oppression; they have persecuted my sons with peculiar pleasure." August 26, 1770, he wrote to William Parker, of Portsmouth: "You certainly think right when you think Boston people are run mad. The frenzy was not higher when they banished my pious great-grandmother, when they hanged the Quakers, when they afterwards hanged the poor innocent witches, when they were carried away with a Land Bank, or when they all turned "New Lights," than the political frenzy has been for a twelve-month past."[31]
In December, 1773, three ships laden with tea, private property of an innocent corporation, arrived at Boston, and on the 16th of that month, forty or fifty men, disguised as Mohawk Indians, under the direction of Samuel Adams, John Hancock, and others, boarded the vessels, posted sentinels to keep all agents of authority off at a distance, and flung the three cargoes, consisting of three hundred and forty-two chests, into the harbor. How can we, law-abiding citizens, applaud the "Boston Tea Party" and condemn the high-handed conduct of strike-leaders of the present time? In this transaction some respectable men were engaged, and their posterity affects to be proud of it. But they were not proud of it at the time. In their disguise as Indians they were not recognized, and the few well-known names among them were not divulged till the rebellion became a successful revolution. It probably made no "patriots." We have proof that it afterwards turned the scales against the patriot cause with some who had sympathized with it and taken part in it.
Looking back to those times during later years, John Adams wrote: "The poor people themselves, who, by secret manoeuvres, are excited to insurrection, are seldom aware of the purposes for which they are set in motion or of consequences which may happen to themselves; and when once heated and in full career, they can neither manage themselves nor be managed by others."