BOOK ten or twelve persons were killed or wounded. XVI. The drums now beat every-where to arms! and 1770. the townsmen assembled to the amount of many thousands; but the governor at length making his appearance in person, they were prevailed upon, it being now moon-light, to disperse. The next morning the people again collected in vast bodies, and the governor, assembling a council, was urged to order the immediate removal of the troops; to which he most reluctantly assented, being told by Mr. Oliver, the lieutenantgovernor, that he had no other option but to comply, or leave the province. On this removal the ferment began to subside. In the mean time captain Preston and others were committed to prison, in order to take their trial, as not having acted under the sanction of the civil magistrate; and the funeral of the four persons killed in the late riot was celebrated with great and pompous solemnity, being followed by an immense concourse of people, and the procession closed by a long train of carriages belonging to the principal inhabitants of the town. Notwithstanding the vehement indignation excited by the late transactions, captain, Preston and the other prisoners, after a full and fair trial, were by a verdict worthy of the highest praise honourably acquitted, two only excepted, who were found guilty of manslaughter. Mr. Quincy and Mr. XVI. 1770 Adams, counsel for the prisoners, and themselves BOOK warm partisans of liberty, exerted their utmost ability in their defence. "We must," said one of these gentlemen, addressing the jury, “steel ourselves against prepossessions which contaminate the fountain of justice. To your candor and impartiality I submit the prisoners and their cause. The LAW, in all vicissitudes of government, fluctuations of passion, or flights of enthusiasm, will preserve a steady undeviating course. To use the words of a patriot, a hero, a martyr to liberty, ALGERNON SYDNEY, 'Tis mens sine affectu; without any regard to persons it commands that which is good, and it punishes that which is evil; it is deaf, inexorable, inflexible. On the one hand, it is inexorable to the cries and lamentations of the prisoners; on the other, it is deaf, deaf as an adder, to the clamours of the populace." On the 31st of May, 1770, the assembly of Massachusetts was convened at Cambridge. The house immediately presented a remonstrance to the governor against its being held there, or at any other place than Boston, and, by a majority of ninety voices, voted it to be a grievance, and resolved not to proceed to business; on which the governor prorogued them to the month of July. On re-assembling, they persisted in their former resolution, and were XVI. 1770. BOOK again prorogued to September. In an address to the governor, previous to the last prorogation, the assembly, with minds apparently oppressed by gloomy and prophetic forebodings, insisted upon the right of the people to appeal to Heaven in disputes between them and persons in power, when there is an abuse of power. "We would, however," say they, "by no means be understood to suggest that this people have occasion at present to proceed to such extremity; yet grievances and cruelties too many to be enumerated, too melancholy to be much longer borne by this people, we have seen brought upon us." On the third meeting of the assembly, September 26, the governor informed them that the garrison at the castle in the pay of the province was to be withdrawn by order of his majesty, and the fortress to be garrisoned by regular troops; and that his orders were to deliver up to such officer as general Gage should direct to take the command of it. The assembly in reply observed, "If the custody and government of the fortress be now lodged with the military power, independent of the supreme civil magistrate within this jurisdiction, it is so essential an alteration of the constitution as must justly alarm a free people." The house from the necessity of the case, now proceeded to business; and before the prorogation they esta it XVI. blished a "Committee of Correspondence, to BOOK communicate with such committees as may be appointed by other colonies." In the month of 1771. April, 1771, the general court was again convened at Cambridge; and against this obnoxious exertion of power the assembly again remonstrated, and entered their protest. The governor informing the house, that by his majesty's instructions he was forbidden to give his assent to any act subjecting the commissioners of the customs and other officers of the crown, to be taxed by the usual assessors for the profits of their commissions, the house in language daring and indignant replied: "We know of no commissioners of his majesty's customs, nor of any revenue his MAJESTY has a right to establish in North America. We know and feel a tribute levied and extorted from those who, if they have property, have a right to the absolute disposal of it." The session passed heavily in sullen silence or angry recrimination. In the succeeding year, May 1772, the general court being again convened at Cambridge, the governor acquainted the house, that his majesty had made provision for his support; on which the house, by a message to the governor, declared, “that the making provision for his excellency's support, independent of the grants and acts of the general assembly, and the gover BOOK nor's receiving the same, is an infraction upon XVI. the rights of the inhabitants granted by the 177% royal charter." An unfortunate incident about this time took place at Rhode Island, which proved a new source of animosity and discord. Lieutenant Duddington, commander of the Gaspee armed schooner, an officer very obnox1ous by his extraordinary zeal and vigilance in the execution of the revenue laws, falling in with the Providence packet, employed in the transportation of goods and passengers to Newport, ordered by signal the master to lower his colors; which being disregarded, he fired a shot at the packet and chased. It being near high water, the packet stood close in with the land, designing that the Gaspee should be run aground in the chase. The Gaspce accordingly was soon fast; and, the tide having now done flowing, could by no means disengage herself. So favorable an opportunity of revenge on a man universally detested could not easily again occur. In the night a number of whale-boats filled with armed men boarded the schooner, and after some resistance made themselves masters of the vessel, which they immediately set on fire and burnt with all her stores; and though a reward of 5001. was offered for the discovery of these daring offenders, no evidence could be obtained against them. This event gave rise to an act of the |