Meantime Governor Bernard was fairly importuned by Government officials for advice; and again and again he was assured that his judgment was regarded as valuable. "Mr. Pownall and I," Lord Hillsborough says, in a private letter, (November 15, 1768,) "have spent some days in considering with the utmost attention your correspondence." John Pownall, the Under-Secretary here referred to, wrote (December 24, 1768,) to Bernard,--"I want to know very much your real sentiments on the present very critical situation of American affairs, and the more fully the greater will be the obligations conferred." There are curious coincidences in history, and one occurred on the day on which this letter was dated; for Governor Bernard, with a letter of this same date addressed to Pownall, sent him a remarkable communication developing the measures which the Boston crown officials considered to be necessary to maintain the King's authority.
At this time (December, 1768) there appears to have been but little difference of opinion among the prominent Loyalists as to the necessity of an extraordinary exercise of authority in some way, both as a point of honor and as a measure of precaution for the future. On this point Hutchinson was as decided as Bernard, though he was reticent as to the precise shape it ought to take. It would not do, he said, to leave the Colonies to the loose principle, espoused by so many, that they were subject to laws that appeared to them equitable, and no other; nor would it do to drive the Colonies to despair; but if nothing were done but to pass declaratory acts and resolves, it would soon be all over with the friends of Government; and so he wrote, "This is most certainly a crisis."
The remarkable paper just referred to is recorded in Governor Bernard's Letter-Books, without either address or signature, but in the form of a letter, dated December 23, 1768, and marked, "Confidential." It is elaborate and able, but too long for citation here in full. In it the Governor professes to speak for others as well as for himself, and to present the reasonings used in Boston on an important and critical occasion.
The second paragraph embodies the propositions which were recommended by the Loyalists, and is as follows:--"It is said that the Town-Meeting, the Convention, and the refusal of the Justices to billet the soldiers, severally, point out and justify the means whereby, First, the disturbers of the peace of the government may be properly censured, Second, the magistracy of the town reformed, and, Third, the constitution of the government amended: all of them most desirable ends, and some of them quite necessary to the restoration of the King's authority. I will consider these separately."
The Governor represented the town-meeting which called the September Convention as undoubtedly intending to bring about a rebellion,--and the precise way designed is said to have been, to seize the two highest officials and the treasury, and then to set up a standard; and after remarking on the circumstances that defeated this scheme, he inquires why so notorious an attempt should go unpunished because it was unsuccessful. He recommends the passage of an Act of Parliament disqualifying the principal persons engaged in this from holding any office or sitting in the Assembly; and this was urged as being much talked of, and as likely in its tendency to have a good influence in other governments. He presented, as proper to be censured, the Moderator of the town-meeting, Otis,--the Selectmen, Jackson, Ruddock, Hancock, Rowe, and Pemberton,--the Town-Clerk, Cooper,--the Speaker of the Convention, Gushing,--and its Clerk, Adams. "The giving these men a check," he said, "would make them less capable of doing more mischief,--would really be salutary to themselves, as well as advantageous to the Government."
The Governor represented that to reform the magistracy of the town would be of great service, for there were among the Justices several of the supporters of the Sons of Liberty; and their refusal, under their own hands, to quarter the soldiers in town would justify a removal. He recommended that this reform should be by Act of Parliament, and that by beginning in the County of Suffolk a precedent might be established for a like exercise of authority as to other places. Such an act, with a royal instruction to the Governor as to appointments, was looked upon as of such value for the restoration of authority, that "some were for carrying this remedial measure to all the commissions of all kinds in the Government"
The Governor represented the fundamental change proposed as to the Council to be a most desirable object,--"If one was to say," his words were, "quite necessary to the restoration and firm establishment of the authority of the Crown, it would not be saying too much." The justification for this was alleged to be, the sitting of the Convention and certain proceedings of the Council, which, it was argued at some length, broke the condition on which the Charter was granted, and thereby made it liable to forfeiture. It was alleged that the Council had met separately as a Council without being assembled by the Governor, that the people had chosen Representatives also without being summoned by the Governor, and that these Representatives had met and transacted business, as in an Assembly, even after they had been required in the King's name to break up their meeting. Thus both the Council and the people had committed usurpations on the King's rights; and it would surely be great grace and favor in the King, if he took no other advantage than to correct the errors in the original formation of the government and make it more congenial to the Constitution of the mother-country.
The concluding portion of the paper urges general considerations why the local government ought to be changed. "It requires no arguments to show," are its words, "that the inferior governments of a free State should be as similar to that of the supreme State as can well be. And it is self-evident that the excellency of the British Constitution consists in the equal balance of the regal and popular powers. If so, where the royal scale kicks the beam and the people know their own superior strength, the authority of Government can never be steady and durable: it must either be perpetually distracted by disputes with the Crown, or be quieted by giving up all real power to the demagogues of the people." And, after other considerations, the paper closes as follows:--"It is therefore not to be wondered at that the most sensible men of this Province see how necessary it is for the peace and good order of this government that the royal scale should have its own constitutional weights restored to it, and thereby be made much more equilibrial with the popular one. How this is to be done, whether by the Parliament or the King's Bench, or by both, is a question for the Administration to determine; the expedience of the measure is out of doubt; and if the late proceedings of the Convention, etc., amount to a forfeiture, a reformation of the constitution of the government, if it is insisted upon, must and will be assented to."
The Governor, in a letter addressed to John Pownall, which is marked "Private and Confidential," explains the origin and intention of this paper,--a paper which has not been referred to by historians:--
FRANCIS BERNARD TO JOHN POWNALL.
"Boston, Dec. 24, 1768.
"Dear Sir,--The enclosed letter is the result of divers conferences I have had with some of the chief members of the Government and the principal gentlemen of the town, in the course of which I have scarce ever met with a difference to the opinions there laid down. I have been frequently importuned to write to the Minister upon these subjects, that the fair opportunity which offers to crush the faction, reform the government, and restore peace and order may not be lost, I have, however, declined it, not thinking it decent in me to appear to dictate to the Minister so far as to prescribe a set of measures. Besides, I have thought the subject and manner of dictating it too delicate for a public letter. However, as it appears to me that the welfare of this Province, the honor of the British Government, and the future connection between them both depend upon the right improvement of the time present, I have put the thoughts to writing in a letter, in which I have avoided all personalities which may discover the writer, and even the signing and addressing it. If these hints are like to be of use, communicate them in such a manner that the writer may not be known, unless it is in confidence. If they come too late, or disagree with the present system, destroy the paper. All I can say for them is that they are fully considered and are well intended.
"I am," etc.