The letters just referred to as having been received from England were six in number, five written by Governor Bernard and one by General Gage, which contained specimens of the characteristic misrepresentations of political affairs by the crown officials; and, having been transmitted to the Council, this body felt called upon to act in the matter, which they did (April 15, 1769) in a spirited letter addressed to Lord Hillsborough. This letter is occupied mainly with the various questions touching the introduction and the quartering of the troops. Again were the disorders of the eighteenth of March and the tenth of June reviewed and explained; the charge made by the Governor, that the Council refused to provide quarters for the troops out of servility to the populace, was pronounced to be without foundation or coloring of truth; and the Council boldly charged upon Bernard, that his great aim was the destruction of the constitution to which, as Englishmen and by the Charter, they were entitled,--"a constitution," they remark, "dearly purchased by our ancestors and dear to us, and which we persuade ourselves will be continued to us." Then, also, they charged that no Council had borne what the present Council had borne from Bernard; that his whole conduct with regard to the troops was arbitrary and unbecoming the dignity of his station; and that his common practice, in case the Council did not come into his measures, of threatening to lay their conduct before His Majesty, was absurd and insulting.
The troops, during the progress of the events which have been related, did not redeem the promise, as to discipline and order, which General Gage made for them to the Council. After the arrival of the Sixty-Fourth and Sixty-Fifth Regiments, General Pomeroy continued the commander through the winter, and down to the month of May; and he made himself popular with the inhabitants. Still, the four regiments consisted, to a great degree, of such rough material, that they could not, in the idleness in which they were kept, be controlled. "The soldiers," Andrew Eliot writes, January 29, 1769, "were in raptures at the cheapness of spirituous liquors among us, and in some of their drunken hours have been insolent to some of the inhabitants"; and he further remarks that "the officers are the most troublesome, who, many of them, are as intemperate as the men." Thus, while the temptation to excess was strong, the restraint of individual position was weak, and both privates and officers became subjects of legal proceedings as disturbers of the public peace.
The routine of military discipline grated rudely on old customs. Citizens who, like their ancestors for a century and a half, had walked the streets with perfect freedom, were annoyed at being obliged to answer the challenge of sentinels who were posted at the Custom-House and other public places, and at the doors of the officers' lodgings. Then the usual quiet of Sunday was disturbed by the changes of the guards, with the sounds of fife and drum, and the tunes of "Nancy Dawson" and "Yankee Doodle"; church-goers were annoyed by parties of soldiers in the streets, and the whole community outraged by horse-racing on the Common. Applications for redress had been ineffectual; and General Pomeroy was excused for not checking some of these things, on the ground that he was controlled by a superior officer. His successor, General Mackay, gave great satisfaction by prohibiting, in general orders, (June 15, 1769,) horse-racing on the Common on the Lord's day by any under his command, and also by forbidding soldiers to be in the streets during divine service, a practice that had been long disagreeable to the people.
In one way and another the troops became sources of irritation. The Patriots, mainly William Cooper, the town clerk, prepared a chronicle of this perpetual fret, which contains much curious matter obtained through access to authentic sources of information, private and official. This diary was first printed in New York, and reprinted in the newspapers of Boston and London, under the title of "Journal of Occurrences." The numbers, continued until after the close of Bernard's administration, usually occupied three columns of the "Boston Evening Post," and constituted a piquant record of the matters connected with the troops and general politics. It attracted much attention, and the authors of it formed the subject of a standing toast at the Liberty celebrations. Hutchinson averred that it was composed with great art and little truth. After this weekly "Journal of the Times," as it was now called, had been published four months, Governor Bernard devoted to it an entire official letter addressed to Lord Hillsborough. He said that this publication was intended "to raise a general clamor against His Majesty's government in England and throughout America, as well as in Massachusetts"; and that in this way the Patriots "flattered themselves that they should get the navy and army removed, and again have the government and Custom-House in their own hands." The idea of such disloyal purposes excited the Governor to the most acrimonious criticism. "It is composed," he informed Lord Hillsborough, "by Adams and his associates, among which there must be some one at least of the Council; as everything that is said or done in Council, which can be made use of, is constantly perverted, misrepresented, and falsified in this paper. But if the Devil himself was of the party, as he virtually is, there could not have been got together a greater collection of impudent, virulent, and seditious lies, perversions of truth, and misrepresentations, than are to be found in this publication. Some are entirely invented, and first heard of from the printed papers; others are founded in fact, but so perverted as to be the direct contrary of the truth; other part of the whole consists of reflections of the writer, which pretend to no other authority but his own word. To set about answering these falsities would be a work like that of cleansing Augeas's stable, which is to be done only by bringing in a stream strong enough to sweep away the dirt and collectors of it all together." Doubtless there were exaggerations in this journal. It would be strange, if there were not. If the perversions of truth were greater than the Governor's misrepresentations of the proceedings of the inhabitants on the eighteenth of March, or on the tenth of June, or of what was termed "the September Rebellion," they deserved more than this severe criticism. But, in the main, the general allegations, as to grievances suffered by the people from the troops, are borne out by private letters and official documents; and a plain statement of the course of Francis Bernard shows that they did not exceed the truth as to him.
The troops continued under the command of General Pomeroy until the arrival (April 30, 1769) of Hon. Alexander Mackay, Colonel of the Sixty-Fifth Regiment, a Major-General on the American establishment, and a member of the British Parliament, when the command of the troops, so it was announced, in the Eastern District of America, devolved on him. When General Pomeroy left the town, the press, of all parties, and even the "Journal of the Times," highly complimented his conduct both as an officer and a gentleman.
The crown officials found themselves, at this period, in an awkward situation as to arrests of the popular leaders. They had recommended to the Government what they termed the slight punishment of disqualification, by Act of Parliament, from engaging in civil service; but the Ministry and their supporters determined on the summary proceeding of prosecutions under existing law for treason, thinking that few cases would be necessary,--and all agreed that these should be selected from Boston. On this point of singling out Boston for punishment, whatever other measures might be proposed, there was entire unanimity of sentiment. Thus, Lord Camden, on being applied to by the Prime-Minister for advice, suggested a repeal of the Revenue Act in favor of other Provinces, but the execution of it with rigor in Massachusetts, saying,--"There is no pretence for violence anywhere but at Boston; that is the ringleading Province; and if any country is to be chastised, the punishment ought to be levelled there." As to the policy of arrests, in Lord Barrington's judgment, five or six examples would be sufficient for all the Colonies, and he thought that it was right they should be made in Boston, the only place where there had been actual crime; for "they," his words are, "would be enough to carry terror to the wicked and factious spirits all over the continent, and would show that the subjects of Great Britain must not rebel with impunity anywhere." The King and Parliament stood pledged to make arrests; Lord Hillsborough, in his instructions, had urged them again and again; the private letters of the officials addressed to Bernard were refreshingly full and positive as to the advantage which such exercise of the national authority would be to the King's cause; the British press continually announced that they were to be made; and all England was looking to see representative men of America, who had dared to deny any portion of the authority of Parliament, occupy lodgings in London Tower. And yet, though it had been announced in Parliament that the object in sending troops was to bring rioters to justice, not a man had been put under arrest; and the only requisition that had been made for eight months upon a military power which was considered to be invincible was that which produced the inglorious demonstration at the Manufactory House occupied by John Brown the weaver. So ridiculous was the figure which the British Lion cut on the public stage of Boston!
Governor Bernard not unlikely felt more keenly the awkwardness of all this from having received, as a reward for service, the honor of a Baronetcy of Great Britain. The "Gazette," in announcing this, (May 1, 1769,) has an ironical article addressing the new Baronet thus:--"Your promotion, Sir, reflects an honor on the Province itself,--an honor which has never been conferred upon it since the thrice happy administration of Sir Edmund Andres, of precious memory, who was also a Baronet"; and in a candid British judgment to-day, (that of Lord Mahon,) the honor was "a most ill-timed favor surely, when he had so grievously failed in gaining the affections or confidence of any order or rank of men within his Province." The subject occupies a large space in the private correspondence, and the title was the more flattering and acceptable to the Governor from being exempted from the usual concomitant of heavy expense as fees. But whatever other service he had rendered, he had not rendered what was looked upon as most vital, the service of making arrests.
At this period the Governor held a consultation with distinguished political leaders, consisting of the Secretary, Andrew Oliver, who had been Stamp-Officer, the Judge of Admiralty, Robert Auchmuty, who was an eminent lawyer, and the Chief Justice, Hutchinson, who was counted the ablest man of the party, all ultra Loyalists, to consider the future policy as to arrests,--all doubtless feeling that the non-action course needed explanation. The details of this consultation are given at such length, and with such minuteness, by Bernard, in a letter addressed to Lord Hillsborough, that these learned political doctors can almost be seen making a diagnosis of the prevalent treason-disease and discussing proposed prescriptions. They carefully considered what had been done at the great public meetings, and what had been printed in the "Boston Gazette," which had been all collected and duly certified, and had been faithfully transmitted to Westminster, where distinctions of law were better known than they were in Boston. But, after legal scrutiny there, no specifications of acts amounting to treason had been made out as proper bases for proceedings, and it could not be expected that the local authorities would be wiser than their superiors; and thus this class of offences was set aside. To deal with other matters of treason, and especially with "the Rebellion of September," was found to be involved in difficulties. The members of the faction were now behaving "very cautiously and inoffensively," and so nothing could be made out of the present; and as they would not bear witness against each other as to the past, it was not easy from old affairs to make out cases of treason. Former private consultations of a treasonable character, it was said, lacked connection with overt acts, and the overt acts of a treasonable character lacked connection with the prior consultations: as, for instance, they said, the consultation to seize the Castle was treasonable, but it was not followed by an overt act,--and the overt act of the tar-barrel signal on the beacon-pole was treasonable, but it could not be traced to a prior consultation so as to evidence the intent. So these acute crown officials went on in their deliberations, and came to the conclusion, which Bernard officially communicated (May 25, 1769) to Lord Hillsborough, in the long letter above referred to, that they could not fix upon any acts "that amounted to actual treason, though many of them approached very near to it."
The Governor, meantime, had issued precepts to the towns to return members of the General Court; this made each locality (May, 1769) alive with politics; and he stated to Lord Hillsborough, as a further reason for not polling inquiry into treasonable practices, that he was anxious not to irritate the people more than he felt obliged to. The question of the removal of the troops was now discussed in the little country forums, and the resolves and instructions to the Representatives, printed in the journals, reëcho, in a spirited manner and with great ability, the political sentiment which had been embodied in official papers. They contain earnest protestations of a determination to maintain His Most Sacred Majesty George the Third, their rightful sovereign, his crown, dignity, and family; to maintain their Charter immunities, with all their rights derived from God and Nature, and to transmit them inviolable to their latest posterity; and they charge the Representatives not to allow, by vote or resolution, a right in any power on earth to tax the people to raise a revenue except in the General Assembly of the Province. All urged action relative to the troops, and several put this as the earliest duty of the Assembly, as the presence of the troops tended to awe or control freedom of debate. These utterances of the towns, which the journals of May contain, make a glowing record of the spirit of the time.
The Selectmen of Boston, on issuing the usual warrants for an election of Representatives, requested General Mackay to order the troops out of town on the day (May 8, 1769) of the town-meeting; but though he felt obliged to decline to do this, yet, in the spirit in which he acted during his entire residence here, he kept the troops, on this day, confined to their barracks. The town, after choosing Otis, Cushing, Adams, and Hancock as Representatives, adopted a noble letter of instructions, not only rehearsing the grievances, but asserting ideas of freedom and equality, as to political rights, that had been firmly grasped. They arraigned the Act of Parliament of 4th Geo. III., extending admiralty jurisdiction and depriving the colonists of native juries, as a distinction staring them in the face which was made between the subject in Great Britain and the subject in America,--the Parliament in one section guarding the people of the realm, and securing to them trial by jury and the law of the land, and in the next section depriving Americans of those important rights; and this distinction was pronounced a brand of disgrace upon every American, a degradation below the rank of an Englishman. While the instructions claimed for each subject in America equality of political right with each subject in England, they claimed also for the General Court the dignity of a free assembly, and declared the first object of their labors to be a removal of "those cannon and guards and that clamorous parade that had been daily about the Court-House since the arrival of His Majesty's troops."