Lynde, the senior judge, who did not care particularly to succeed Sewall, appears to have been satisfied with the appointment of Hutchinson, also Gridley, the leader of the Bar, and apparently all possible rivals, save Colonel Otis. Hutchinson discharged the duties of his new office in the most satisfactory manner. He proved himself to be efficient, and always kind, as evinced by his special attention to the claims of the helpless.
At this time, there were mutterings of a possible storm, and at this critical moment, in October of 1760, George II died. Just previous to his death Mr. Pitt, Secretary of State, sent a dispatch to the Governor touching on the trade of England and her American colonies. The organized system of smuggling that existed in the Colonies caused the Custom House officers to apply for the "writs of assistance," that were frequently employed in England.
So far the Governor's course had been hampered only by factious opposition from the chief offenders, but this opposition assumed formidable dimensions when the question of "writs of assistance" was brought forward. The rights of the Custom House officers to demand such help was tried before the Supreme Court of Massachusetts. "The verdict was in their favor, but public opinion was strongly excited, and James Otis, the lawyer who opposed the Custom House officers, gained great popularity."[158] Notwithstanding Otis' eloquence, the case as already said was decided against his clients on the point of law. Governor Bernard was only performing his duty when he was active in promoting seizures for illicit trade.
In speaking of his early life in Boston, Julia Bernard, Governor Bernard's youngest daughter, mentions their home in Boston as "the Government House." She says that they employed both black and white servants, and speaks of the formalities that existed while the family lived there. "In Boston, none of the family, grown up brothers excepted, ever walked out in the town. We had a large garden, but it seemed rather a confinement." She also speaks of her father's home at Jamaica Pond. "This residence we usually moved to in May I think, and here we enjoyed ourselves extremely. We ran pretty much at liberty; there was no form or ceremony. My father was always on the wing on account of his situation. He had his own carriage and servants, my mother hers; there was a town coach, and a whiskey for the young men to drive about. I was used from a child to ride on horseback, and from childhood none of us had any fear of anything." Speaking of these days she says, they "all seemed great, enlightened, and enjoyable."
In describing her parents Julia Bernard says: "My father, though not tall, had something dignified and distinguished in his appearance and manner; he dressed superbly on all public occasions. My mother was tall, and a very fine woman. Her dresses were ornamented with gold and silver, ermine, and fine American sable."x
The Province House was visited about the middle of the nineteenth century by Nathaniel Hawthorne, who has written interesting but melancholy pages on the subject.[159]
The Province or Government House occupied by Sir Francis Bernard was situated nearly opposite the head of Milk street. It was purchased by the Colonial Legislature in 1716, of the widow of Peter Sargent, who built it. It was a magnificent building, no pains had been spared to make it not only elegant, but also spacious and convenient. It stood back some distance in its ample lot, and had the most pleasant and agreeable surroundings of any mansion in town. It was of brick, three stories in height, with a high roof and lofty cupola. The house was approached over a stone pavement and a high flight of massive stone steps, and through a magnificent doorway. Two stately oaks of very large size, reared their verdant tops on either side of the gate separating the grounds from the highway, and cast a grateful shade over the approach, through the beautiful grass lawn in front of the mansion.
After the evacuation of Boston the Province House and all other Government property was confiscated and became the property of the State. In 1811 the State gave the property to the Massachusetts General Hospital who leased it for ninety-nine years. Stores were erected in front of it. In 1864 it was destroyed by fire and only the walls are all that remain of the Old Province House. The engraving shown here was made from a sketch of it taken a short time before it was leased and altered. The Royal Arms, and the Indian vane are on exhibition in the Old State House.
Sir Francis Bernard's country mansion was situated on the southwest side of Jamaica Pond, fronting on Pond street, now a part of the Boston Park system. This was and still is a most lovely spot. The mansion house was surrounded with an estate of sixty acres. Here, but for the gathering clouds which darkened the political horizon, the remaining years of this scholarly and able representative of the government might have been passed in the enjoyment of all that seemed the most enjoyable in life—a delightful home, set in a lovely landscape, and the esteem and regard of the people he had governed. His extensive and beautiful grounds were filled with choice fruit trees, plants and shrubs including one hundred orange and lemon trees besides fig, cork, cinnamon and other rare exotics.
