But in the time of the stamp act, it was found productive of many mischiefs and dangers, to have officers of the crown, who were dependant on the ministry, and judges of the superior court, whose offices were thought incompatible with a voice in the legislature, members of council.
In May 1765, Lt. Gov. Hutchinson, Sec. Oliver, and Mr. Belcher were officers of the crown, the judges of the superior court, and some other gentlemen, who held commissions under the governor, were members of council. Mr. Hutchinson was chief justice and a judge of probate for the first county, as well as lieutenant governor, and a counsellor; too many offices for the greatest and best man in the world to hold, too much business for any man to do; besides, that these offices were frequently clashing and interfering with each other. Two other justices of the superior court were counsellors, and nearly and closely connected with him by family alliances. One other justice was judge of admiralty during pleasure. Such a jumble of offices never got together before in any English government. It was found in short, that the famous triumvirate, Bernard, Hutchinson and Oliver, the ever memorable, secret, confidential letter writers, whom I call the junto, had by degrees, and before the people were aware of it, erected a tyranny in the province. Bernard had all the executive, and a negative on the legislative; Hutchinson and Oliver, by their popular arts and secret intrigues, had elevated to the board, such a collection of crown officers, and their own relations, as to have too much influence there; and they had three of a family on the superior bench, which is the supreme tribunal in all causes civil and criminal, vested with all the powers of the king's bench, common pleas and exchequer, which gave them power over every act of this court. This junto therefore had the legislative and executive in their controul, and more natural influence over the judicial, than is ever to be trusted to any set of men in the world. The public accordingly found all these springs and wheels in the constitution set in motion to promote submission to the stamp act, and to discountenance resistance to it; and they thought they had a violent presumption, that they would forever be employed to encourage a compliance with all ministerial measures and parliamentary claims, of whatever character they might be.
The designs of the junto, however, were concealed as carefully as possible. Most persons were jealous; few were certain. When the assembly met in May, 1766, after the stamp act was repealed, the whigs flattered themselves with hopes of peace and liberty for the future. Mr. Otis, whose abilities and integrity, whose great exertions, and most exemplary sacrifices of his private interest to the public service, had entitled him to all the promotion, which the people could bestow, was chosen speaker of the house. Bernard negatived the choice. It can scarcely be conceived by a stranger, what an alarm this manœuvre gave to the public. It was thought equivalent to a declaration, that although the people had been so successful as to obtain a repeal of the stamp act, yet they must not hope to be quiet long, for parliament, by the declaratory act, had asserted its supreme authority, and new taxations and regulations should be made, if the junto could obtain them: and every man who should dare to oppose such projects, let his powers, or virtues, his family or fortune be what they would, should be surely cut off from all hopes of advancement. The electors thought it high time to be upon their guard. All the foregoing reasons and motives prevailed with the electors; and the crown officers and justices of the supreme court, were left out of council in the new choice. Those who were elected in their places were all negatived by Bernard, which was considered as a fresh proof, that the junto still persevered in their designs of obtaining a revenue, to divide among themselves.
The gentlemen elected anew, were of equal fortune and integrity, at least, and not much inferior in abilities to those left out, and indeed, in point of fortune, family, note or abilities, the councils which have been chosen from that time to this, taken on an average, have been very little inferior, if any, to those chosen before. Let Massachusettensis descend if he will, to every particular gentleman by name through the whole period, and I will make out my assertion.
Every impartial person will not only think these reasons a full vindication of the conduct of the two houses, but that it was their indispensable duty to their country, to act the part they did; and the course of time, which has developed the dark intrigues of the junto, before and since, has confirmed the rectitude and necessity of the measure. Had Bernard's principles of polity been published and known at that time, no member of the house, who should have voted for any of the persons then left out, if it was known to his constituents, would ever have obtained another election.
By the next step we rise to the chair. "With the board, the chair fell likewise," he says. But what a slander is this? Neither fell; both remained in as much vigour as ever. The junto it is true, and some other gentlemen who were not in their secret, but however had been misled to concur in their measures, were left out of council. But the board had as much authority as ever. The board of 1766 could not have influenced the people to acknowledge the supreme uncontroulable authority of parliament, nor could that of 1765, have done it. So that by the chair, and the boards falling, he means no more, if his meaning has any truth in it, than that the junto fell; the designs of taxing the Colonies fell, and the schemes for destroying all the charters on the continent and for erecting lordships fell. These, it must be acknowleged, fell very low indeed, in the esteem of the people, and the two houses.
"The governor," says our wily writer, "could do little or nothing without the council, by the charter." "If he called upon a military officer to raise the militia, he was answered they were there already," &c. The council, by the charter, had nothing to do with the militia. The governor alone had all authority over them. The council therefore are not to blame for their conduct. If the militia refused obedience to the captain general, or his subordinate officer, when commanded to assist in carrying into execution the stamp act, or in dispersing those who were opposing it, does not this prove the universal sense and resolution of the people not to submit to it? Did not a regular army do more to James the second? If those, over whom the governor had the most absolute authority and decisive influence, refused obedience, does not this show how deeply rooted in all men's minds was the abhorrence of that unconstitutional power which was usurping over them? "If he called upon the council for their assistance, they must first inquire into the cause." An unpardonable crime, no doubt! But is it the duty of a middle branch of legislature, to do as the first shall command them, implicitly, or to judge for themselves? Is it the duty of a privy council, to understand the subject before they give advice, or only to lend their names to any edict, in order to make it less unpopular? It would be a shame to answer such observations as these, if it was not for their wickedness. Our council, all along however did as much as any council could have done. Was the mandamus council at New York able to do more, to influence the people to a submission to the stamp act? Was the chair, the board, the septennial house, with the assistance of general Gage and his troops, able to do more, in that city, than our branches did in this province? Not one iota. Nor could Bernard, his council, and house, if they had been unanimous, have induced submission. The people would have spurned them all, for they are not to be wheedled out of their liberties by their own representatives, anymore than by strangers. "If he wrote to government at home to strengthen his hands, some officious person procured and sent back his letters." At last it seems to be acknowledged, that the governor did write for a military force, to strengthen government. For what? to enable it to enforce stamp acts, tea acts, and other internal regulations, the authority of which the people were determined never to acknowledge.
But what a pity it was, that these worthy gentlemen could not be allowed, from the dearest affection to their native country, to which they had every possible attachment, to go on in profound confidential secrecy, procuring troops to cut our throats, acts of parliament to drain our purses, destroy our charters and assemblies, getting estates and dignities for themselves and their own families, and all the while most devoutly professing to be friends to our charter, enemies to parliamentary taxation, and to all pensions, without being detected? How happy! if they could have annihilated all our charters, and yet have been beloved, nay deified by the people, as friends and advocates for their charters? What masterly politicians! to have made themselves nobles for life, and yet have been thought very sorry, that the two houses were denied the privilege of choosing the council? How sagacious, to get large pensions for themselves, and yet be thought to mourn, that pensions and venality were introduced into the country? How sweet and pleasant! to have been the most popular men in the community, for being staunch and zealous dissenters, true blue Calvinists, and able advocates for public virtue and popular government, after they had introduced an American Episcopate, universal corruption among the leading men, and deprived the people of all share in their supreme legislative council? I mention an Episcopate, for although I do not know that governors Hutchinson and Oliver ever directly solicited for bishops, yet they must have seen, that these would have been one effect, very soon, of establishing the unlimited authority of parliament!
I agree with this writer, that it was not the persons of Bernard, Hutchinson or Oliver, that made them obnoxious; but their principles and practices. And I will agree, that if Chatham, Campden and St. Asaph, (I beg pardon for introducing these reverend names into such company, and for making a supposition which is absurd) had been here, and prosecuted such schemes, they would have met with contempt and execration from this people. But when he says, "that had the intimations in those letters been attended to, we had now been as happy a people as good government could make us," it is too gross to make us angry. We can do nothing but smile. Have not these intimations been attended to? Have not fleets and armies been sent here, whenever they requested? Have not governors', lieutenant governors', secretaries', judges', attorney generals', and solicitor generals' salaries been paid out of the revenue as they solicited? Have not taxes been laid, and continued? Have not English liberties been abridged as Hutchinson desired? Have not "penalties of another kind" been inflicted, as he desired? Has not our charter been destroyed, and the council put into the king's hands, as Bernard requested? In short, almost all the wild mock pranks of this desperate triumvirate have been attended to and adopted, and we are now as miserable as tyranny can well make us. That Bernard came here with the affections of New Jersey, I never heard nor read, but in this writer. His abilities were considerable, or he could not have done such extensive mischief. His true British honesty and punctuality will be acknowledged by none, but such as owe all their importance to flattering him.
That Hutchinson was amiable and exemplary, in some respects, and very unamiable and unexemplary, in others, is a certain truth; otherwise he never would have retained so much popularity on one hand, nor made so pernicious a use of it on the other. His behavior, in several important departments, was with ability and integrity, in cases which did not effect his political system, but he bent all his offices to that. Had he continued stedfast to those principles in religion and government, which in his former life he professed, and which alone had procured him the confidence of the people and all his importance, he would have lived and died, respected and beloved, and have done honor to his native country. But by renouncing these principles and that conduct, which had made him and all his ancestors respectable, his character is now considered by all America, and the best part of the three kingdoms, notwithstanding the countenance he receives from the ministry, as a reproach to the province that gave him birth, as a man who by all his actions aimed at making himself great, at the expense of the liberties of his native country. This gentleman was open to flattery, in so remarkable a degree, that any man who would flatter him was sure of his friendship, and every one who would not, was sure of his enmity. He was credulous, in a rediculous degree, of every thing that favoured his own plans, and equally incredulous of every thing which made against them. His natural abilities which have been greatly exaggerated by persons whom he had advanced to power, were far from being of the first rate. His industry was prodigious. His knowledge lay chiefly in the laws and politics and history of this province, in which he had a long experience. Yet with all his advantages, he never was master of the true character of his native country, not even of New England and the Massachusetts Bay. Through the whole troublesome period since the last war, he manifestly mistook the temper, principles, and opinions of this people. He had resolved upon a system, and never could or would see the impracticability of it.