The Writings of Samuel Adams, volume II (1770 1773)

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I shall continue to send you an account of facts, as my leisure
will admit. In the mean time,

I am yours,
CANDIDUS.

1 Vol. I., page 162.
2 Vol. I., pages 152, i66, 169, 173, 180.
3 Vol. I., page 184.

ARTICLE SIGNED "CANDIDUS."

[Boston Gazette, September 16, 1771.]

Messieurs EDES & GILL,

1 have already mentioned the circular letter written by the house
of representatives of this province to the other colonies, dated
the 11th of February, 1768; and the very different treatment it
met with from the Earl of Hillsborough and the respectable bodies
to whom it was addressed. And also the circular letter which his
lordship himself was pleased to send to those colonies, wherein he
recommended to them "to treat it with the contempt it deserved " -
But as the sentiments contained in the letter of the house were so
exactly similar to those of the other colonies, and the subject of
it was of equal importance to them all, it was not in the power of
his lordship to efface the impressions it made, or to disturb that
harmony which was the happy effect of it - Vis unita fortior -
That union of the colonies in their common danger, by which they
became powerful, was the occasion of the greatest perplexity to
their enemies on both sides the atlantick; and it has been ever
since their constant endeavor by all manner of arts to destroy it.
In this, it must be confess'd, they have discovered an unanimity, zeal
and perseverance, worthy to be imitated by those who are embark'd in
the cause of American freedom. - It is by united councils, a
steady zeal, and a manly fortitude, that this continent must
expect to recover its violated rights and liberties.

Such was the resentment which the circular letter enkindled in the
breasts of administration, that it was immediately followed by a
Mandate from lord Hillsborough to governor Bernard, to require the
succeeding house to rescind the resolution which had given birth to
it, upon pain of a dissolution of the assembly in case of a refusal. -
Governor Bernard added to the severity of this mandate by assuring the
house in a message to them, that "if he should be obliged to dissolve
the general court, he should not think himself at liberty to call
another, till he should receive his Majesty's command for that
purpose." - It appeared that administration had been greatly
misinformed with regard to the circumstances of this resolution of the
house, particularly in a representation that it was brought on when
the members present were few, and at the end of the session; and that
it was therefore a very unfair proceeding procured by surprize and
contrary to the real sense of the house - But the house made it
evident in their letter to his lordship afterwards, from their own
minutes and journals, that it was the declared sense of a large
majority when the house was full - It was the constant practice of
governor Bernard and his adherents, to represent the opposition of the
house to the pernicious designs of the enemies of the colonies,
which generally consisted of full three quarters of the members
and sometimes more, as the feeble efforts of an expiring faction.

This direct and peremptory requisition, of a new and strange
constructure, and so strenuously urg'd by the governor, was taken
into consideration by the house, on the next day after it was laid
before them; and as is usual in all matters of importance, was
then referred to a large committee further to consider it, and
report their opinion of what was expedient to be done: As the
governor had assured the house in his message, that "their
resolution thereon would have the most important consequences to
the province," the committee were the more deliberate in their
consultations; very reasonably expecting, that after such an
assurance given to the house, the governor would indulge them with
sufficient time thoroughly to digest it.However sanguine the
expectation of lord Hills-borough might be, through the artful
insinuation of governor Bernard that, the "attempts of a desperate
faction (as his lordship expressed it) would be discountenanced,
and that the execution of the measure recommended would not meet with
any difficulty;" the governor himself, who was fully acquainted with
the sentiments of the house, as well as of the generality of the
people without doors, had no "grounds to hope" that the requisition
would be comply'd with; and therefore as a dissolution was to be the
immediate consequence of a refusal, and as his lordship had directed
the governor to "transmit to him an account of their proceedings to be
laid before his Majesty, to the end that his Majesty might, if he
tho't proper, lay the whole matter before his parliament," it might
have been well supposed that a longer time was necessary for them to
state the reasons of their own conduct, and to set the transactions of
the former house, which had been grossly misrepresented, in a true
point of light, in order to vindicate themselves, when their whole
proceedings should be laid before his Majesty and the parliament.

But before the committee were ready to make their report, the
governor sent down a message to the house, signifying that it was
full a week since he had laid his Majesty's requisition before
them, and that he could not admit of a much longer delay, without
considering it as an answer in the negative - Upon which the
house, being desirous that the sense of the people concerning this
important matter might be known as explicitly as possible, which
would also have determined beyond all doubt, their sense of the
revenue acts, and the opposition made to them by the American
assemblies, requested a recess of the general court, that they
might have the opportunity of taking the instructions of their
constituents. But though his lordship in his letter to the
governor, express'd a satisfaction in "that spirit of decency and
love of order which has discovered itself in the conduct of the
most considerable of the inhabitants of the province;" and the
governor himself in his speech at the close of the preceeding
assembly, insinuated that matters had been conducted by a party in
the house; and declared that "the evils which threatened this
injured country, arose from the machinations of a few, very few
discontented men" - "false patriots who were sacrificing their
country to the gratification of their own passions," and that it
was "by no means to be charged upon the generality of the people,"
yet he did not think it proper to comply with the request of the
house for a recess, that the sentiment of the generality of" this
good people," as he calls them in this same speech, might be
taken. Had he not the fairest opportunity upon this motion of the
house, if there had been any grounds for his representations that
the opposition to the revenue acts was confined to a few, very few
discontented men, to have made it evident beyond all contradiction?
But he dared not rest the matter upon this issue: He knew very well
that it would put an end to his darling topic; and that the
determination of the generality of the people, would put it out of his
power any longer to hold up an expiring faction to administration with
success - A low piece of cunning, of which he was a perfect master,
and which he had constantly practiced to induce them to a perseverance
in their measures.

On the 30th June 1768, the committee, having maturely considered
the requisition made to the house in its nature and consequences
reported a letter to the Earl of Hillsborough1 his Majesty's
secretary of state for the American department, and laid it on the
table; wherein they observe to his lordship, that a requisition of
such a nature, to a British house of commons had been very unusual
and perhaps altogether unprecedented since the revolution: That
some very aggravated representations must have been made to his
Majesty of the resolution of the former house, to induce him to
require this house to rescind it, upon pain of forfeiting their
existence - That the people in this province had attended with anxiety
to the acts of the British parliament for raising a revenue in America
- That this concern was not limited within the circle of a few
inconsiderate persons; the most respectable for fortune, rank and
station, as well as probity and understanding in the province,
with very few exceptions, being alarm'd with apprehensions of the
fatal consequences, of a power exercised in any part of the
British empire, to command and apply the property of their fellow
subjects at discretion: That as all his Majesty's North American
subjects were alike affected by those revenue acts, the former
house very justly supposed that each of the assemblies on the
continent would take such methods of obtaining redress as should
be thought by them respectively to be regular and proper; and
being desirous that the several applications should harmonize with
each other, they resolved on their circular letter; wherein they
only acquainted their sister colonies with the measures they had
taken, without calling upon them to adopt those measures or any
other - That this was perfectly consistent with the constitution, and
that, so far from being criminal, or a measure "of an inflammatory
nature,' it had a natural tendency to compose his majesty's subjects
in the colonies, till they should obtain relief; at a time when it
seem'd to be the evident design of a party, they might have said a
faction, to prevent calm, deliberate, rational and constitutional
measures being pursued, or to stop the distresses of the people
from reaching his Majesty's ear, and consequently to precipitate
them into a state of desperation. They therefore leave it to his
lordship's impartial judgment, whether the representations that
had been made of this resolution, were not injurious to the house,
and an affront to his Majesty himself. And after proceeding to
give his lordship a full detail of all the circumstances relating
to the resolution which gave birth to the circular letter, and
which they were required to rescind, they add, that they rely upon
it that to petition his Majesty will not be deemed by him to be
inconsistent with the British constitution; that to acquaint their
fellow subjects, involved in the same distress, even if they had
invited the union of all America in one joint supplication, would not
be discountenanced by his Majesty as a "measure of an inflammatory
nature;" and that "when his lordship shall injustice lay a true state
of those matters before his Majesty, he will no longer consider them
as tending to create unwarrantable combinations, or to excitte an
unjustifiable opposition to the constitutional authority of
parliament." This is the substance of the letter; which being
twice read in the house, was accepted by a large majority of
ninety-two out of one hundred and five members, and ordered to be
transmitted by the speaker to his lordship as soon as might be.
After which it was immediately mov'd, that the question be put,
Whether the house would rescind the resolution of the last house
which gave birth to the circular letter; and the question being
accordingly put, it pass'd in the negative, there appearing on a
division upon the question to be seventeen yeas and ninety-two nays.
Thus the house determined upon as extraordinary a mandate as
perhaps was ever laid before a free assembly. - It is to us, said
the house in their message to the governor, altogether
incomprehensible, that we should be required on the peril of a
dissolution of the great and general court or assembly of this
province, to rescind a resolution of a former house of
representatives, when it is evident that such resolution has no
existence, but as a mere historical fact. Your excellency must
know, that the resolution referred to, is, to speak in the language of
the common law, not now "executory," but to all intents and purposes
"executed." The circular letter has been sent and answered by many of
the colonies: These answers are now in the public papers; the public
will judge of the proposals, purposes and answers. We could as well
rescind those letters as the resolves; and both would be equally
fruitless, if by rescinding, as the word properly imports, is meant a
repeal and nullifying of the resolution referred to. But if, as is
most probable, by the word, rescinding, is intended the passing a vote
of this house, in direct and express disapprobation of the measure
above mentioned, as "illegal, inflammatory and tending to promote
unjustifiable combinations" against his Majesty's peace, crown and
dignity, we take the liberty to testify and publickly to declare, that
it is the native, inherent and indefeasible right of the subject,
jointly or severally, to petition the King for the redress of
grievances. - And we are clearly and very firmly of Opinion that the
petition of the late dutiful and loyal house, and the other very
orderly applications for the redress of grievances, have had the most
desirable tendencies and effects - In another part they say, "we
cannot but express our deep concern, that a measure of the late house
in all respects so innocent, in most so virtuous and laudable, and as
we conceive, so truly patriotic, should be represented to
administration in the odious light of a party and factious
measure," and finally they say, that in refusing to comply with
the requisition, "they have been actuated by a conscientious and a
clear and determined sense of duty to God, their King, their
country, and their latest posterity." This determination of the
house gave general satisfaction, not only to the people of this
province, but of the other colonies also; as well as the friends
of liberty in Britain. It was spoken of by all except the
disappointed few, with great applause. Indeed the essential rights
of all were involved in the question: A different determination
would therefore have been to the last degree infamous and attended
with fatal consequences. Not only the right of the subjects
jointly to petition for the redress of grievances which all alike
suffer, but also that of communicating their sentiments freely to
each other upon the subject of grievances, and the means of
redress, which was the sole purport of the circular letter, would
in effect have been given up. I have often thought that in this
time of common distress, it would be the wisdom of the colonists,
more frequently to correspond with, and to be more attentive to
the particular circumstances of each other. It seems of late to
have been the policy of the enemies of America to point their
artillery against one province only; and artfully to draw off the
attention of the other colonies, and if possible to render that
single province odious to them, while it is suffering ministerial
vengeance for the sake of the common cause. But it is hoped that
the colonies will be aware of this artifice. At this juncture an
attempt to subdue one province to despotic power, is justly to be
considered as an attempt to enslave the whole. The colonies "form
one political body, of which each is a member." -The liberties of
the whole are invaded - It is therefore the interest of the whole
to support each individual with all their weight and influence.
When the legislative of the colony of New-York was suspended, the
house of representatives of this province consider'd it "as
alarming to all the colonies;" and bore their testimony against
it, in a letter to their agent, the sentiments of which they
directed him to make known to his Majesty's ministers. - That
suspension, says the patriotic Pennsylvania Farmer, is a
parliamentary assertion of the supreme authority of the British
legislature over these colonies in point of taxation; and is
intended to COMPEL New-York into a submission to that authority.
It seems therefore to me as much a violation of the liberty of the
people of that province, and consequently of all these Colonies,
as if the Parliament had sent a number of regiments (which has
since been the fate of this province) to be quartered upon them
till they should comply. - Whoever, says he, seriously considers
the matter, must perceive, that a dreadful stroke is aimed at the
liberty of these Colonies: For the cause of one is the cause of
all. If the parliament may lawfully deprive New-York of any of its
Rights, it may deprive any or all the other Colonies of their
Rights; and nothing can so much encourage such attempts, as a
mutual inattention to the interests of each other. To divide and
thus to destroy, is the first political maxim in attacking those
who are powerful by their union. - When Mr. Hampden's ship money
cause for three shillings and four pence was tried, all the people
of England, with anxious expectation, interested themselves in the
important decision: And when the slightest point touching the
freedom of a single Colony is agitated, I earnestly wish, that all
the rest may with equal ardour support their sister. - These are
the generous sentiments of that celebrated writer, whom several
have made feeble attempts to answer, but no one has yet done it.
May the British American Colonies be upon their guard; and take
care lest by a mutual inattention to the interest of each other,
they at length become supine and careless of the grand cause of
American Liberty, and finally fall a prey to the MERCILESS HAND OF
TYRANNY.

I am,
Your's,
CANDIDUS.

1Vol. I., page 219.

ARTICLE SIGNED "CANDIDUS."

[Boston Gazette, September 23, 1771.]

Messieurs EDES & GILL,

The consequence of the determination of the house of
Representatives not to rescind the resolution of the former house,
of which I gave you a particular account in my last, was an
immediate prorogation of the general assembly, and the next day a
dissolution, agreeable to the orders of a minister of state! -
Governor Bernard in a subsequent letter to lord Hillsborough,
pressed his lordship for further orders respecting the calling a
new assembly; and acquainted him that "when the usual time should
come, it would be quite necessary that the governor should be able
to vouch positive orders for his not calling the assembly, if he
was not to do it," and he adds that, "with regard to calling the
new assembly in May, it would require much consideration." By the
Charter of this province, which is a Compact between the Crown and
the People, it is ordained that a General Assembly shall be called
on every last Wednesday in May yearly: Did gov. Bernard then think
that his lordship, to whom in one instance at least, he had
surrendered the power of the governor of the province, could by
another order rescind that effectual Right of the Charter? It
would in truth require much consideration with one, even of his
lordship's peculiar turn of mind, before he would assume an
authority to put an end to the constitution of the province: He
had gone far enough already. - The Charter further ordains, that
the assembly shall be held "at all such other times as the
governor shall think fit." Not as lord Hillsborough shall think
fit, for he is not the governor. Could the governor think that the
people were so stupid as to be satisfied with his vouching -
orders for neglecting that which it was his indispensable duty to
do as governor of the province; and by neglecting which, either
with or without his lordship's orders, there would be an end to
the supreme legislative power; the establishing of which, as Mr.
Locke says, is the first and fundamental positive law of the
commonwealth. The general assembly is constituted by the charter,
the legislative of the province; having full power and authority
to make all such orders, laws, statutes, &c. not repugnant to the
laws of England, as they shall judge to be for the good and
welfare of the province. - "The first framers of the government,
not being able by any foresight to prefix so just periods of
return and duration to the assemblies of the legislative, in all
times to come, that might exactly answer all the emergencies of
the commonwealth, the best method that could be found, was to
trust this to the prudence of one, who was always to be present,
and whose business it should be to watch over the commonwealth."
Hence the charter provides, that the governor who is to reside in
the province, and who, being always present, must be acquainted
with the state and exigences of the public affairs, shall have
full power and authority to adjourn or dissolve the assembly, and
call a new one from time to time as he shall judge necessary: But
our governors have of late given up this power of judging - to a
minister of state; residing at a thousand leagues distance, and
therefore utterly unable to determine, if it was lawful for him to
do it, at what time the necessities of the state might require the
immediate exertion of legislative power. This ministerial
manoeuvre, to speak in modern language, which threatens the
destruction of the constitution, will, it is hoped, be the subject
of national enquiry, when the present confusion in Britain and
America shall, as it must soon, be brought to a happy issue. "The
legislative is sacred and unalterable in the hands where the
community has fixed it." In this province it is fixed by the
community, in the hands of the Governor, Council and House of
Representatives: In their hands therefore, it ought to rest sacred
and unalterable; to be sure as long as the express conditions of
the compact are fulfilled. - Lord Stafford, and many lords and
great men before him, suffered death for attempting to overthrow
the constitution of the state. - Their crime was called, and I
supposed justly called, Treason: It surely could not have been
treason therefore, to have disturbed and resisted them in their
mad attempts, even though they might have produced the orders of a
king - What punishment awaits those who have manifestly attempted
to overthrow the constitution of the American colonies, the time
which we hope for, and is hastening on, will determine. If the
very being of the legislative of this province is for the future
to depend upon the mere will and pleasure of an arbitrary minister
- if he may take it upon him to dictate such measures as he pleases,
and to dissolve them, or which is the same thing, order an obsequious
governor to do it, upon their non-compliance with his will and
pleasure, surely we have little to boast of in such an assembly. The
charter may be taken away in tarts as well as in the whole: And it
seems by some later ministerial mandates and measures, as if there was
a design to deprive us of our Charter-Rights by degrees. An attempt
upon the whole by one stroke would perhaps be thought too bold an
undertaking. His lordship could not indeed have chosen a more
effectual step to deprive us of the whole benefit of a free
constitution, than by attempting to controul the debates and
determinations of the House of Representatives, which ought forever to
be free, and suspending the legislative power of the province, for
their refusing to obey any mandate, especially when it is not only
contrary to their judgments and consciences, but, as it appeared to
them, absurd. It is a pitiful constitution indeed, which so far from
being fixed and permanent as it should be - sacred and unalterable in
the hands of those where the community has placed it, depends entirely
upon the breath of a minister, or of any man: But it is to be feared
from this as well as other more recent instances, that there is a
design to rase the foundations of the constitutions of these colonies,
and place them upon this precarious and sandy foundation. - I have
seen a letter from the agent of this province to the government here,
dated so long ago as March the 7th, 1750; wherein he says, "I am
afraid there is at bottom in the minds of some, a fixed design of
getting a parliamentary sanction of some kind or other, if possible,
to the King's instructions on this occasion;" which was the redressing
the inconveniencies proceeding from the paper bills. And in another
letter of the 12th of April following, he writes, "Since my last, I
have found too great reason to confirm my apprehensions, that some
persons of consequence here, are determined, if possible, to put the
future use of the credit of the several governments of New England,
wholly under the power of an instruction; and what tendency that
may have to introduce the King's instructions into the government
of the other colonies, in other instances, I need not observe
This design seems to be conducted with great art." The fears of
that watchful agent, there is reason to apprehend, from the
perfect good understanding that now exists between the ruling men
in the American department, on both sides the atlantic, may very
soon be far from appearing groundless. Instructions have of late
been so frequent, and in every instance so punctiliously obeyed,
that there is reason to fear, unless greater attention is had to
them, they soon will be established as rules of administration, not
only to governors as servants of the crown, but to legislatures. The
enforcing them seems to be conducted with equal art on this side of
the water at present, to that with which the original design of
introducing them was conducted on the other side, when that agent
wrote. They may soon therefore be regarded as fixed laws in the
colonies, even without the sanction or intervention of parliament
Principiis obsta, is a maxim worth regarding in politics as well as
morals, and it is more especially to be observed, when those who are
the most assiduous in their endeavours to alter the civil
Constitution, are not less so in persuading us to go to sleep and
dream that we are in a state of perfect security. - What benefit
is it to us to have a governor residing in the province, invested
with certain powers of judging -, and acting according to his own
judgment, for the good of the people, if he submit to be made a
man of wire, & for the sake of preserving the emolument of a
governor, with the name only, is turned this way or that, as the
minister directs, without any judgment of his own? And of what use
can a legislative be to us, without the free exercise of the
powers of legislation? Liable to be thrown out of existence for
not acting in conformity to the will of another? Can there be any
material difference between such a legislative and none at all?
The original constitution of this province, the charter, required
the convening of a new general assembly in May: The public
exigencies might have required it sooner: But governor Bernard was
determined in neither of these cases to convene an assembly, if he
could but vouch the positive orders of the minister, who had no
right or legal authority at all to interpose in the matter. "The
using of force upon the people without authority, and contrary to
the trust reposed in him that does so, is a state of war with the
people;" This is the judgment of one of the greatest men that ever
wrote. "If the executive power, being possessed of the power of
the commonwealth, shall make use of that force to hinder the
meeting and acting of the legislative, when the original
constitution or the public exigencies shall require it, the people
have a right to reinstate their legislative in the exercise of
their power: For having erected a legislative, with an intent they
should exercise the power of making laws, either at certain set
times or when there is need of it, if they are hindered by any
force from what is so necessary to the society, and wherein the
safety and preservation of the people consists, they have a right
to remove it by force." From this instance of the dissolution of
the assembly of this province, as well as that of the suspension
of the legislative of New York, for refusing to execute an act of
parliament, requiring them to give and grant away their own and
their constituents money for the support of a standing army,
posterity will form a judgment of the temper of the British
administration at that time: Whether a different disposition has
since prevailed, will appear from the measures they have taken in
general; and particularly from the answers to the addresses,
petitions and remonstrances which we have lately seen. One would
have thought that the American legislative assemblies had become
too harmless bodies to have been the object of ministerial rage,
since the passing of acts of parliament for the sole purpose of
raising revenues at the expence of the colonists, without their
consent, and for appropriating those revenues as they should think
proper. The most essential Rights of American legislation, are
those of raising and applying their own monies for the support of
their own government, and for their own defence: By the late
revenue acts, these rights are in effect superseded; the
parliament having already granted, such sums as they please, out
of the purses of the colonists, for the same purposes. Thus the
shadow of legislation only remains to them: Their importance is at
an end. They may indeed, as the Pennsylvania farmer observes,
whose works I wish every American would read over again, "They may
perhaps be allowed to make laws for yoking of hogs or pounding of
stray cattle: Their influence will hardly be permitted to extend
so high as the keeping roads in repair; as that business may more
properly be executed by those who receive the public cash." Their
substantial rights and powers, lord Hillsborough himself should know,
are as really annihilated by these acts, as they would be, if they
were deprived of all existence. "Upon what occasion, says that elegant
writer, will the crown ever call our assemblies together, when, the
charges of the administration of justice, the support of civil
government, and the expences of protecting, defending and securing us,
are provided for" by the parliament? "Some few of them may meet of
their own accord, by virtue of their several charters: But what will
they have to do when they are met? To what shadows will they be
reduced? The men, whose deliberations heretofore, had an influence on
every matter relating to the liberty and happiness of themselves and
their constituents, and whose authority in domestic affairs at least,
might well be compared to that of Roman senators, will find their
determinations to be of no more consequence than that of constables."
- And this will not be the utmost extent of our misery and infamy

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