The Massachusetts spy, or, Thomas's Boston journal. [volume], May 26, 1774, Image 1

About The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775

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A Weekly, Political, and Commercial Paper :-Opento all Parties, but Influenced by None.
D O THOU Great LIBERTY inspire our Souls,—And make our Lives in thy PoiTeflion happy,—Or, our Deaths glorious hi thy just Defence.*
Vol. IV.]
LONDON.
HOUSE or COMMONS.
An authentic Account of Monday't Debate on the Motion of
Lord North for Leave to bring in a Bill to regulate the
Civil Government of the Province of the Majfachufctti Bay.
FT"* H E order of the day being read for the House to go
( into a committee for a further consideration of his
Majefty'i metfage, and the American papers, the House
immediately resolved itfelf into a committee, Sir Charles
Whitworth in the Chair.
Lord North arose, and said he meant now to open the
plan of the bill, which he proposed to bring in ; and as it
might very well be underitood by gentlemen in that Houfe,horn
w the paper s that then lay before them, that an executive power
'was Wanting, in that country, and that it was highly neces
sary to strengthen the magillracy of it; that the force of the
civil power confided in the pojfe comitatui ; and when it is
considered, fays his Lordlhip, that the posse m the very
people who have committed all thelc riots, little obedience
to the preservation of the peace is to be expelled from them.
There appears to be a total deftft in the constitutional power
throughout. If the democratic part ihew that contempt of
obedience to the laws, how is the Governor to execute any
authority veiled in him ? If he wants any Magiilrate to alt,
whom he knows will be willing to execute the laws ; he has
not the power of appointing one, nor of the removing one
that will ।ot ail ; the Council have alone that power,
whole dependance is on the democratic part of the consti
tution. It appears that the Civil Magiilrate has been, for
a series of years, uniformly inaflive ; there is something
radically wrong in that constitution, in which noMagifeate,
for such a number of years, has ever done h s duty in such a
manner as to force obedience to the laws. If the Governor
iifued a proclamation, there was hardly found a Magiilrate
to obey it ; the Governor, of his pwn authority, can do
nothing ; he cannot all, or give out any order without
seven of die council consenting ; the authority of that go
vernment is in so foilorn a situation, that no Governor can
all ; and, where there is such a want of civil authority,
can it be fuppofcd that the military, be they ever so numer
ous, can be of the least service ? For I (hall alviayt confider
that a military power, a fling under tie authority and con
troul of a Civil Magistrate, it part of the constitution ; but
the military alone ought not, and cannot all without the
controul of the Civil Magiilrate. H»w was it poilible for
the military to maintain good government, when they were
not called upon by the civil authority ? 1 propose in this
bill, fays his Lordlhip, to take the executive power from the
hands of the democratic part of government; I would propose,
that the Governor fliouid all as a Justice of the Peace, and
that he Ihould have the power to appoint the officers through
out the whole civil authority such as the Sheriffs, Provost,
Marihal, &c. (the Chief Justice and Judges of the Supreme
Court except: d.) I would have them only removable by
his Majcfty, under his ftgn manual, and upon good represen
tation made here. Every gentleman will naturally fee the
impropriety of such irregular assemblies or town-meetings
which are now held in Dufton ; I would have them brought
under fame regulation, and would not fuller them to be
held without the consent of the Governor, tanlefs upon the
annual elellion of certain officers, which it is their province
to chufe ; their Juries are improperly chofc ; 1 think a de
gree of regulation highly necelfary ; I am always ready and
open to hear those matters difeuffed, ana inclined to alter
my opinion when I hear better reasons for adopting any
other mode of putting the civil magistracy of that country
upon a good footing ; but until the executive power is free,
it cannot all; our regulations here are of no import, if you
I ave n<>b«dy in that country to give them force. Some
immediate, as well as permament remedy, must be adopted.
I therefore propose the present bill, which I apprehend will
etlellually purg: that constitution of all its crudities and give
a degree of strength and spirit to the Civil Magillracy, and
to tlie executive power. I therefore move you, Sir, that
leave be given to bring in a bill for the better regulating the
Government of the province of the Maflachufetts-Bay.
I propose that th : s bill ihall he brought in, pnd lie upon the
table, foe the infpeclion of the House, and gentlemen who
wilh tp make the propriety of such a bill the measure ot
their conduit.
Mr. Bing Gid, that he could not be at all furyrized at
I earing, that the Governor of Boilon had no power, when
he had not a single place in his gift, ft was now become a
faih’on, he said, to give away those places of emolument to
men of this country, with reversions, to one, two or three
sons; to men who had never been of the least public fenice
to this country, in his apprehension (meaning Mr. Bradthau)
Whitt places continue to be given away to men of this
country, the emoluments of which ariles from the labour
and sweat of an American brow, it will undoubtedly and
very properly totally annihilate the power of any supreme
officer in that country. Men look up to their superiors,
and obey their directions according to the emoluments re
ceived from them ; and when once there is no dependance
in it, there will be no obedience.
Sir Fletcher Norton said, he only got up to know, whe
ther there was to be an assembly left to the Americans, or
not ? For he was not able to fay, from what he had heard
from the noble Lord, whether the assembly was to be anni
hilated or not.
Lord North arose to assure the Right Honourable Mem
ber, that there would be nothing in this bill that affeded
either the assembly or the council in their legiftative power.
Mr. Stephen Fox said, can there be any thing so neceflary
to alter, as that government which can n-ither govern nor
manage itfelf. The people of Boston have behaved in a
most outrageous manner, militating against every principle
•f law and justice, combating against its own constitutional
power, and totally subverting every idea of regularity.
Would you let these men go on in that choas of ditlurbance ?
Would you with them to proceed so precipitately to their
ruin and definition, without once lending the aid of your
deliberations to refeue them from the felt-convinced and
faife opinions which they have imbibed. I hope. Sir, this
House will lend its advice, and endeavour to lave these hot
headed Americans not by violent measures but by firm and
manly proceeding!.
Lord G. Germane. It may not be improper, Sir, I
hope, to throw out a little ip m this occation, and to a/k
for fort! ex .nfonravtm, to know wbetlier this is to be d e
Or, Thomas’s Boston Journal.
THURSDAY, May 26, 1774-
extent of the proportion with regard to the lahihry measures
that are to be made and taken in this committee, during
this whole feflions; if Ib, Sir, I should be glad to give my
poor opinion, and add my mite of preservation to that
country. 1 could have wiihed, that the noble Lord, when
he was forming this scheme of salvation to this country,
would have at least confidcred that there were other parts
of the internal government ncceffary to be put under feme
regulation. 1 mean particularly the internal government
of the MaffachuictU-Bay. 1 wilh to fee the council of
that country on the fame footing, and on the fame state as
other colonies. There is a degree of absurdity, at present,
in the elellion of the council. I cannot Sir, difagrec with
the noble Lord, nor can I think he will do a better tiling,
than to put an end to their town meetings. 1 would not
have men of a mercantile call, every day collelling them
selves together, and debating about political matters ; I
would havg them follow their occupations as merchants,
and not consider themfelvcs as ministers of that country. I
would also wilh, that all corporate powers might be given
to certain people in every town, in the fame manner that
corporations arc formed here; I Ihould then cxpclt to fee
some fubordi nation, some authority, and order. Ido not
know by what power those are to be formed, but I wilh
that they may be formed by some. Again, Sir, I think
that the method of Grand Juries ought to be much at
tended to : They arc now chofc for life, and have a yearly
salary, and these aie the men to whom your life and proper
ty is intruded. Your people know to whom to make ap
plication, when law and justice are wiihed to be lubverted
by favour and aff'eltion. Your petty juries are elelted an
nually, so many persons in each town; to these men of
fender* know how to apply, and when any riot happens be
tween the military power and the people of a town, the
Jury, being taken principally out of that town, the power
of the life and death of the offenders, is lodged in those v. ho
are offended. These Juries, I think, require great regu
lation : They are totally different from ours, anJ, in my
idea, carry with them not only the highest degree of absur
dity, but are fubjclt to be laid aside, to commit the highest
and most palpable enormities against justice and the laws of
the land. 1 would not wilh to protrall the noble Lord’s
bill, either by lengthening it out to a decree which he does
not w>lh it to go, nor to oppuic the measures which he has
already adopted. I would *Jh to bring die constitution of
America as near and similar to our own as is possible, I
would wilh the Council of that countr* similar to a House
of Lords in this. I would with to fee Chancery faits de
termined by a Court of Chancery, and not by the Assembly
of that province. At present, their Assembly is a down
right clog upon ail the proceedings of the Governor, and the
Council are continually thwarting and opposing any propo
sition he may make for the fecuiity and welfare of that go
vernment. You have Sir, no no Governor,
the whole are the proceedings of a tumultuous and riotous
rabble, who ought, if they had the least prudence, to fol
low their mercantile employment, and not trouble them
selves with politics and government, which tl'ey do not
understand ' We are told by gentlemen, oh ! Do not break
the charter; do not take away their rights that'ate granted
to them by the predeceffbrs of the crown; whoever, Sir, wiihes
to preserve such charters, without a due contllion and regula
tion ; whoever, Sir, withes for such fobjells, 1 wilh them no
worse than to govern them. Put this people, Sir, upon a
free footing of government; do not let us be every day as
serting our tights by words, and they denying our authority
and preventing the exedutionofour Faws. Let S'r perie
vere in refining that government which cannot support itfelf,
and proceed on in the matter we have begun,and 1 make no
doubt, but by a manly and Heady perfcveiance, things may
be restored from a state of anarchy and confiifion, tn peace,
quietude, and a due obedience to the laws of this country.
Lord North. I thank the noble Lord for every proposi
tion he has held out, they are worthy of a great mind, and
such as ought to be adopted : And indeed I cannot fay, that
at present there is any objection to what is proposed being
regulated at some future period : If any thing can tend to
the relief of the present diftrefles in America, it is the un
animity of this House, of men of all such abilities as the
noble Lord, in the projellion of measures necessary to be ta
ken. Every proportion the noble Lord has mentioned,
coinfides with my mind, I fee the propriety of them, and I
could wilh to adopt them. It is not my proposition to dose
this committee, before other measures may be offered,
which for ought any thing 1 know, may have a degree of
preference to those I have this day proposed. I, for my
own part, Sir, Ihall think of the proportions made, and
receive them to be unvaried by greater wisdom and abilities
than mine. lam clear, with the noble Lord, that the
constitution of this charter ought not to prevent parliament
from interfering to regulate those matters in America, which
the indigested measures of their charter have, perhaps, pre
cipitately been in some degree, a means of preventing the
peace and quietness of that country from being restored.
Mr. Phipps got up, but the House being noisy he was
not much attended io.
Mr. Pownal also spoke, and tifed much the fame kind of
arguments he had done in the former debates ; giving as he
always does, a very fenfibie and judicious account of the go
vernment of America ; and concluded, with giving the
Americans the chara&er of a conscientious, good, religious,
set of people, and that there was not, in all his Majesty's
dominions, a more rtlpcflable set of persons existing.
Leave was given to bring in the bill, for the better regu
lating the government of the province of Maffachufetu-
Bay without any opposition.
FRIDAY, May 20.
BOSTON.
On Monday last the Town of Braintree, made choice of
EBENEZER THAYER, Esq; for their Representative,
and the following is said to be a copy of the INSTRUC
TIONS, then voted him.
Braintree, May 16M 1774*
“ To Ebbnkxeb THAY«a,E»q;
“SIR,
" THIS Town having this day made choke of you, to re
prelent them in the ensuing general court, exped your u» •
molt exertion., for the prefers ation of fech of our ughtt
and privilege* as yet remain, and the recovery of such as
have been by the Itrong bw. i—a power wrested from
us. As on one hand, we expetl that you firmly oppole tne
rapid progress of despotism, and in no one instance give
up even the least right or privilege; so, on the other,
»ffellually to guard against all licentiousness; being per
fwaded, that true liberty does not conlift in a right to break,
but in an orderly walking agreable to known good and
wholfome laws of our own making.
“ The firm and well conllituted union of the Colonies, is
a matter of the greatell importance that ever, perhaps
came under the consideration of our senate, and must en
gage your utmost abilities : This union, well eftablilhed,
together with a friendly, brotherly union of the leveral
towns in this Province, and a proper difeouragement of fo
reign luxuries, and as proper encouragement of industry,
frugality and manufactures, will, by Gon s blelfing, pre
serve us from the ruin threatened by tire enemies ot our
constitution.
And finally we expell, as you will answer it to God the
judge of all, that you in all things use your utmost endeavors
to recover and preserve entire, our civil and religious rights
and liberties ; so that our venerable anceffsn may not rife
up in judgment against us at the laftday, nor future gene
rations execrate our memory r And in order that we may
be direlled to the best means, in this day of thick datknefs,
we desire that you will recommend, that a day be set apart
throughout the province, for falling and prayer, so tint the
whole people may, at the fame time, with one heart and
one voice, humble themselves before the God of our fathers,
and implore his direllion.
“ That the blellingofhim who is only wife and good, may
be with you in your private, as well as public concerns, i>
the sincere prayer of your friends and fellow townsmen."
PniLADKLrHiA May 4. Captain Riddle, from His
paniola, informs, that about fix Weeks a go two whaling
Hoops, one the Abigail, Captain Snow, belonging to Bos
ton ; the other the Sally, Captain Beetle, belonging to
Rhodc-Iffand, having put in a place called the Platform,
were seized for anchoring there, Ind afterwards condemned
at Port-au-Prince; and that there were fix Molattoes and
Indians on board Captain Beetle, w)u> are to be confined for
fix months, and then to be fold as Haves, unless certificates
of their freedom Ihould arrive from Uhodc-Ifland before that
time.—While Captain Biddla lay at Hencaga, he was in
founed by a wrecker, that his Majesty's Sloop Swan was
loft in going from Turks llland to Providence.
On Saturday last were executed here, pursuant to their
sentence, James Swain, Barnaby Ripton, Joteph Price,
Richard Birch, and a Mulattoe Woman. James Ham
bleton and Thomas Stephens were reprieved ; and Conrad
Founder was respited during the Governor's Pleasure.
Ycllerday, about four o'clock in the afternoon, the Ef
figiesof Ai.exandzr Widdekburnb, Esq ; convic
ted of traducing the American and insulting their
Agent before his Majesty's Privy Council for doing his duty;
and of Thomas Hutchinson, Esq; Governor of
Maflachufetts-Bay, convilled of an attempt to incense
Great-Britain against her Colonies, were put into a Cart,
and conduHed through the Streets of this City. On the
Brcaft of Weddcrbume the following Label was fixed,
The infamous
WEDDERBURN,
“ A pert prime Prater, of a scabby Race,
“ Guilt in hit Heart, and Famine in hit Face.
Churchill altered.”
Similii Proteo mutet, et fallacwr Catalina.
Hunt vot Britanni cavete I
“ He availed himfelf of the licence of the bar to insult
the venerable Dr. Franelin, whose knowledge in phi
losophy, universal benevolence, just sentiments of liberty,
and indefatigable labours to promote harmony between
Britain and her Colonies, entitle him to the esteem of the
learned of every nation, the love of all good men, and the
sincere aflrtlion of every heneji Briton and American.
“ But the base born SOLLICITOR, who attempted
to turn his learning, benevolence and patriotism into ridi
cule, is (like Hutchinson) a Paricide of the firft rank, who
would facrifice his Country, his Liberty and his Gon, and
delight in the carnage of the most faithful Britilh fubjells in
America, to gain promotion at court—Such horrid mon
sters are a disgrace to human nature, and justly merit our
utmost detestation and theGALLOWS, to which they
are ariigned, and then burnt by Electric Fire.”
With several others, and the following lines from Hudibras:
“ Bo a wild Tartar, when he Ipiei
u A man tbat't handsome, valiant, wife,
M If he can kill hint, thinkt t'inherit
* Hit iFit bit Beauty, and bit Spirit t
u At if just so much he enjoy'd,
“ At in another it destroy a."
On Governor Hutchinson s Breast was fixed the follow
ing Label, “ Governor HUTCHINSON,
whom we nowconfign to the Gallows and Flames, as the
only proper reward for Double-dealing and Trea
chery to his native Country.’’
After being exposed for several hours, they were ..ung
on a Gallows erefled near the Coffiee-Houfe, set in flames
by eledric fire, and confer*J to arises, about 6 o’clock,
admift a vail concourse of people, who teftified their re
sentment against the originals bv the loudest acclamations.
E P I T A P H, Vc.
To the Memory of
ALEXANDER WEDDERBURNE, Elq.
He was bom in the City of Edinburgh,
in North-Britain.
In order fully to gratify his L U S T for
Wealth, Power, and Popularity,
he pulhed his Fortune in the
METROPOLIS of the Brtifo Empire.
His Abilities and Eloquence soon procured h:m
a Seat in the House of Commons,
where he embraced the Principles,
and followed the Prefbices cf a Company
of STATE PROSTITUTES.
Finding the Pkafores ai»l Emoluments
of this House, unequal to the
Sacrifice he hal made of his Virtue,
He renounc-d their Society, and
(how condescending is REAL Gao-lneL !)
'Numb. 173.
He was received into the Society of / I
the Friends of Liberty and his country.
Rur alas 1 the Acclamations of Millions*
proclaiming his Reformation,
and the plea l ures cf accepted Contrition,
were not able to protest him from a
SECOND SEDUCTION.
He was led on from one Degree of Venality to another)
untill he was at last prevailed upon
to commit MURDER upon the Charafler
of an illustrious AMERICAN Patbiot and
Philosopher, and High Treason against
BRITAIN and Iter Colonic*.
Traveller;
While you tread heavily upon his Duff,
Reinember, that the Pangs of a
first Fall from Virtue,
are not to be compared with the Anguifk
of a Heart, awakened to the Guilt of a
Second Defection.
Also ; that great Abilities and Eloquence, are
not the Marks of a Favourite of Heaven, or
they would not have been conferred upon
This unhappy CULPRIT.
He was executed May 3d, 1774,
in the City of Pa tlad el p 111 a, in the Presence of
many thousand Spcdbtori.
He had no Friends to lament his Fate,
for “ Treachery would not trull him f—
He had no Enemies to forgive—
for he was below Contempt.
Even the Eye of Pity (which sometimes
drops at the EEpiration of Murder,)
refufed him this
Tribute of Humanity.
EPITAPH, &c.
To the Memory of
THOMAS HUTCHINSON, Esq;
Governor of tire Province of Massachusetts-Bay.
He was descended from an ancient Race
# of American Worthies,
And WRs educated in the principles of
Virtue and Religion.
But ala* ! what availed the Renown of
hi* Anceftor*,
And the holy Precept* of hi* Parents 1
He remembered no more of the former,
And prallilcd no more of the latter,
Than were fufficient to raise him to
The firft Offices, and Honours of die
Government.
He was an Enemy to
Virtue, Liberty and hi* Country.
Let Antiquity be dumb, nor
Reproach with Obloquy, her
Cataline*, Caligula*, and Neroi,
Since Mankind are here fumifoed
With an Instance of Depravity which
Includes with their Guilt, the
Basest Hypocrisy.
American Traveller,
Furbear to open his Sepulchre, and to avenge
Upon hik Ashes, the Injuribs he did
Thy Countby.
Hh private Virtues did not atone for
His public Vices.
He was detected in an Attempt
To “ abridge the English Liberties”
And to destroy the Charter of his
Native Province.
Let Posterity remember with Gratitude
The illustrious
Dr. FRANKLIN (not
Less feccefiful in disarming political
Than natural Clouds of their Mikhief)
For this Discovery.
Although this treacherous Governor »
Was defended by one of the most artful
Britilh Counfellors, yet he was
Condemened by a Jury of all the
Freemen in Britain and America, »
To be hanged, and burned :
Mat 3d 1774, in the City of Philadelphia in th»
Presence of many thousand SpeOatoss, *
Who while they exulted in Ha »
Punishment.
Lamented that he could fofrer but
Once
To expiate the high Treason lie
had committed against f,
his
COUNTRY. «
NiW-Yore, May t). Wednesday last we had a fma.
Snow Storm, and the weather colder than ever was know
by the ofoeft Men living here, at this season of the yea’
which we are afraid will b* very deilrvlt.ve to Pcache**
Apricocks,
A propofol was made last week by some merchants of
city, to raise a fem of money to be employed in the
filhery, and in a few days Z. 7000 was fobkribed for th ct
purpofe, and 'tis not doubted but double that fem will
idded this week when it is expelled several veflels will I""
immediately dispatched on the whaling aaount. Ne"J
10,000 was last season lent from hence to Nantucket f'
Ovl, Ac. _ M
Porstmovth, May 13. It is talked of maki;
Portfmou’h a free port.
In she course of last winter about fewnteen hundred Ce
palled along to the westward of the Green Mountains, wi
above seven hundred families moved on the lands granted
the westward of Conncllicut River, by this province. the
Philadelphia, May 4. Capt. Diddle from HifrCK,
niola informs, that a f reach frigate had seized ar.2 e- gRR
demned two whailing Hoops, which were lying at a
called the Plats rm, about five le?gue* from the
St. Nichola’ where they had put in to ge: a
w -c-r, n-eof ’• tT, ' the Abi, ail. Capt. Snow of
the •h-r is the Sv!! ; bdengirg to Rhode-Bland. ■■