A period of lawlessness now followed. Riots were absolutely unpunished, for no jury would convict the rioters. Governor Bernard wrote that his position was one of utter, and humiliating impotence, and that the first condition of the maintenance of English authority in Massachusetts was to quarter a powerful military force at Boston.
Two regiments arrived Sept. 28, 1768. Shortly before their arrival the people gathered together in an immense meeting, and voted that a standing army could not be kept in the province without its consent. On the arrival of the troops everything was done by the people to provoke and irritate them. A perfect reign of terror was directed against all who supported the government. Soldiers could not appear in the streets without being the objects of the grossest insults. A press eminently scurrilous and vindictive was ceaselessly employed in abusing them. They had become as Samuel Adams boasted 'the objects of the contempt even of women, and children.' Every offence they committed was maliciously exaggerated and vindictively prosecuted, while in the absence of martial law, they were obliged to look passively on the most flagrant insults to authority. At one time the "Sons of liberty" in a procession a mile and a half long marched around the State House, to commemorate their riots against the Stamp Act, and met in the open fields to chant their "liberty song" and drink "strong halters, firm blocks, and sharp axes, to such as deserve them." At another an informer, who was found guilty of giving information to revenue officers, was seized by a great multitude, tarred and feathered, and led through the streets of Boston, which was illuminated in honor of the achievement.
A printer who had dared to caricature the champions of freedom was obliged to flee from his house, to take refuge among the soldiers, and ultimately to escape from Boston in disguise. Merchants who had ventured to import goods from England were compelled by mob violence to give them up to be destroyed, or to be re-embarked. A shopkeeper who sold some English goods, found a post planted in the ground with a hand pointing to his door, and when a friend tried to remove it, he was stoned by a fierce mob through the streets. A popular minister delighted his congregation by publicly praying "that the Almighty would remove from Boston the English soldiers."[117]
These outrages led to the so-called Boston Massacre, more fully described in a previous chapter.[118] None of the mobs of that time of mobs was more brutal and truculent than that which provoked the firing of the group of baited men, standing their ground with steady discipline, among the clubs and missiles resorted to now, to enforce the usual foul and blasphemous abuse. Lieutenant Governor Hutchinson fulfilled at this time with complete adequacy the functions of chief magistrate, for Governor Bernard was at this time in England. Hutchinson was at once in the street, in imminent danger of having his brains dashed out, expostulating, entreating that order might be preserved.[119] It was a fine exhibition of power and courage. His standing in the east balcony of the State House, with the snow reddened beneath by the blood of the killed, with the regiments kneeling in rank ready for street firing, and several thousand of enraged men on the other side on the point of rushing into the fight, he was able to hold both parties in check. His prompt arrest of Captain Preston and the squad which had done the killing, was his full duty; and it is to the credit of the troop that the officer and his men in the midst of the exasperation gave themselves quietly into the hands of the law. Instead of a bloody battle, there was substituted a well-ordered civil process, due delay being observed that the passion of both sides might subside and the evidence, pro and con be calmly weighed. A mild and just verdict was the outcome, to which all submitted. Men they were, all of the same stock, for the time being fallen into antagonism, seeing things differently. All, however, bore themselves like Englishmen, showing the quality which has made the Anglo-Saxon race a mighty one.
Since the departure of Bernard there had been no session of the legislature. In March one took place that was the cause of a new dispute between the Lieutenant Governor and the legislature, which was destined to be long and important. It was as to how far the chief magistrate could be bound by royal instruction. Hutchinson says the Assembly was prorogued to meet at Boston March 14th, 1770, but before the time arrived there came a further signification of the King's pleasure that it should be held at Cambridge, unless the Lieutenant Governor had more weighty reasons for holding it at Boston, than those which were mentioned by the Secretary of State against it.[120] On the 15th of March therefore the legislature met in the "Philosophy Room" in Harvard College, in Cambridge.
Remonstrances were passed by the Council and the House against the removal to which Hutchinson replied "That the King by his prerogative could remove the legislature from the 'Town House in Boston' did not in his mind admit of a doubt and therefore he disregarded the remonstrance." Soon after the Massacre, Hutchinson begged the Earl of Hillsborough, the Colonial Secretary, to allow him to resign. He said, "I must humbly pray that a person of superior powers of body and mind may be appointed to the administration of the government of this Province. I shall faithfully endeavor to support such person according to the best of my abilities, and I think it not improbable that I may be capable of doing his Majesty greater service in the Province, even in a private station than at present."[121] Instead of accepting his resignation he was appointed Governor in March, 1771, and his wife's brother-in-law, Andrew Oliver, being at the same time commissioned Lieutenant Governor, and Thomas Flucker Secretary.
At his inauguration while the Assembly and the Congregational ministers were silent, there were many congratulations, among them Harvard College. The students singing in Holden Chapel the anthem, "Thus saith the Lord from henceforth, behold! all nations shall call ye blessed; for thy rulers shall be of thine own kindred, your nobles shall be of yourself, and thy governors shall proceed from the midst of thee."
April 1, 1771, he writes to Colonel Williams of Hatfield. "It's certain all the valuable part of the town have shown me as much respect personally, as in my public character, as I could desire. Two Adamses, Phillips, Hancock, and two or three others, who, with the least reason have been the most injurious, are all of any sort of consideration who stand out."[122] Again on April 19, 1771, in a letter to Hillsboro, referring to the Town Meeting he says, "In these votes, and in most of the public proceedings of the town of Boston, persons of the best character and estate have little or no concern. They decline attending Town Meetings where they are sure of being outvoted by men of the lowest order, all being admitted, and it being very rare that any scrutiny is made into the qualification of voters."[123]
The hopes Hutchinson and the friends of government were never brighter since the troubles began with the government, than in the spring of 1771. Among Hutchinson opponents men like Andrew Eliot, thought "it might be as well not to dispute the legal right of Parliament." Otis too, pursued a strong reactionary course and when on May 29 the legislature met, at his instance, while the remonstrance was passed as had become usual, against the removal of the legislature from Boston, the clause was struck out which denied to the crown the right to remove. The principle so long contended for was then sacrificed, the right of prerogative to infringe the charter at this point was acknowledged, and it would be easy to proceed on the ground that the crown might take what liberties it pleased with the charter. Otis's change was indeed startling. Samuel Adams was going on in the old road, when Otis started up, and said they had gone far enough in that way, the Governor had an undoubted right to carry the court where he pleased, and moved for a committee to represent the inconveniences of sitting there, and for an address to the Governor. He was a good man; the minister said so, and it must be so: and moved to go on with the business, and the House voted everything he moved for.[124]
"Serious as was the defection of James Otis that of Hancock was even more so. His wealth, popular manners and some really strong qualities made his influence great. Samuel Adams had exploited Hancock, with all his consummate art ever since his appearance in public life, making him a powerful pillar of the popular cause. Contemptuous allusions to Hancock as little better than an ape, whom Samuel Adams led about according to his will, have come down from those times."[125] Such things were flying in the air and Hancock was feeble enough to be moved by them, if they came to his ears. Whatever may have been the reason, Hancock forsook his old guide, voted with the party of Otis for the acknowledgment of Hutchinson's right to convene the legislature where and when he choose. Hancock's defection at this time from the Whig cause seemed imminent, and when Hutchinson fled to England, three years later and his papers fell into the hands of his enemies, it was found necessary to suppress certain documents, belonging to this time as it is supposed they compromised Hancock, who in 1774 was once more firmly on the side of the Colonies.