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be overruled, arguments may be used to show that taxes and duties will lessen the advantages which the nation has for so long time received by having the colonies for their customers, and greater benefit must accrue by diverting rather than restraining them from manufactures and branches of commerce interfering with the national interest, than can arise from taxes and duties; and finally, if monies must be raised, a more easy, equitable, and effectual way may be found for doing it than what has been hitherto projected. My principles were known to the members of the Court when I had so general a vote for their agent, and I am well assured there were not above six or eight members who would have desired to clogg me with instructions inconsistent with them. I fear this rash step will be of great prejudice to the country; that the same temper will prevail if not in the assemblies yet among the people of the other colonies, in some of which very rude things have been thrown out in print, which I fancy caused some of the members here more easily to agree to this letter. No good can come from such a spirit, but the individuals who are most active in stirring it up care not for the consequences to the public, provided they can make themselves popular and conspicuous.1

1 "Ordered, that Mr. [James], Otis, Mr. [Oxenbridge] Thacher, Mr. [Thomas] Cushing, Captain [Edward] Sheafe and Mr. [—- --] Gray, be a Committee in the recess of the Court to write to the other Governments to acquaint them with the Instructions this Day voted to be sent to the Agent of this Province, directing him to use his Endeavours to obtain a Repeal of the Sugar Act, and to exert himself to prevent a StampAct or any other Impositions and Taxes upon this and the other American Provinces; and that the said Committee in the Name and Behalf of this House desire the several Assemblies on this Continent to join with them in the same Measures." Journals of the House of Representatives, June 13, 1764.


BOSTON, October 4, 1764

DEAR SIR, Your letter of the 14 April, so different from any I ever received from you before, gave me a good deal of pain, which has been increased by your neglecting to write to me from Lisbon. I am not conscious of my neglecting to write to you when I had any thing worth communicating to you, nor have I ever in any degree deserted your interest. I did every thing in my power, more I am sure than any other member of the Court, to prevent your dismission, and when I failed in my endeavors, I intimated the true cause of it. I have never seen an opening since for doing you any service in the General Court. Some, who I believe to be your real friends, and who I thought knew most of your mind, supposed that after the treatment you had received, you would not have accepted the agency again. Notwithstanding what Mr. Pownall has insinuated, I should never have had any difference with him, if I had complied with his repeated importunate sollicitations to forsake you, and after he was gone I was urged to suspend the choice of an agent until Mr. Bernard's arrival, with an assurance of a general vote for myself; but my friendship for you, as well as regard to the interest of the province, made me push the affair with more zeal than I should have done if such a proposal had not been made. When the choice of an agent came on last year, it was moved by your friends. I urged them to try what could be done in your favor, but they assured me it could then have no other effect than to strengthen the party who were for Israel Mauduit. I do not know whether you will think me political in it, but I will venture to assure

1 Mass. Arch., XXVI. 101.

you the choice gave me more anxiety of mind than I could have felt if the vote had been against me, and I am quite easy in not obtaining leave to engage in that service. Your accounts have always been kept in the hands of half a dozen of the House, nor could I ever learn what their objections were, nor do I know what has been wrote to you. They keep it to themselves, and would as soon trust you with any designs they have to your prejudice as they would me. I am utterly at a loss what are the designs of the leading men of the House when they meet the 18th of the month. The best men seem not so sensible of the dangerous state of our constitution as others who have but little real concern about it. . . .1


1 "There was a design to have chosen a new agent, but there were so many candidates on your side the water and so many here that it was deferred. My friends pressed me again to go over, but I did not think it proper.

"I have always been sensible of the true reason of my not being permitted to leave the province. When the late governor [Pownall] first came to New England in a private character, I showed him all the respect I could, and it was intirely by my procuring that he was employed in the service of the government as an agent or commissioner to the other colonies. When he came over governor he expressed great friendship, and I always attributed to his recommendation that I received a commission for Lieutenant Governor. Gratitude obliged me to do everything I could to make his administration easy, and he often declared to me that he was more obliged to me on that account than to any man in the province. But it was not possible for me as a member of the legislature to agree to every measure without being a mere machine, and having no judgment of my own. A very few instances of disagreement, particularly my attachment to Mr. Bollan, who I really thought at that time the most fit person to serve the province, and with whom I had been in friendship for many years, occasioned a coldness and some very severe expressions before the Governor left the province, which other people resented more than I did. The obligation I was under to him made me desire to remove every prejudice he had against me, and he assured me at parting everything would be forgot. I wish it had been so, and I am ready still to do everything that can reasonably be required to recover his friendship. Not that I am anxious for the continuance of my commission. I am every day more and more reconciled to parting with it, and whenever there shall be a new appointment of a governor, I shall choose to resign it, and if you will give me leave I will lodge a letter in your hands for that purpose." Hutchinson to November 8, 1764. Mass. Arch., xxvI. 110.

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BOSTON, November 12th, 1764

SIR, I am oblidged to you for your Favor of the 23d of August last. The General Court have lately met, and by this conveyance, I suppose, the Secretary will forward you a Petition of the Council and House of Representatives to the House of Commons; in their Letter to you1 they have expressly asserted their exclusive right of Taxing themselves and have endeavored to prove that the Subjects here ought not to be taxed without their Consent either in person and by their Representative; They have not been so full and explicit upon this Head in their Petition least they shoud give offence to so respectable a Body as they are now applying to but expect you join with the Other Agents in obtaining leave, if possible, to be heard by Councill, before the House of Commons upon the subject matter of the Petition, of which this of our Rights is not the least important. I understand that the Colonies of New York,


1 The draft of this letter, prepared by Thomas Hutchinson, and dated November 3, 1764, is in Mass. Arch., LVI. 427.

2 A petition accepted by the House, October 22, but non-concurred by the Council is in Mass. Arch., XXII. 412. The draft, in part, of the Council petition, entirely in the writing of Thomas Hutchinson, is in Mass. Arch., VI. 290. It was sent down from the Council October 31, and returned with amendments, November 5. On the next day the Council accepted all the amendments except one, which read: "This is a right we humbly conceive belongs essentially to the subjects of Great Britain. The People of this Province count it their glory to be denominated such subjects, such they are declared to be in the royal Charters as well as by Acts of Parliament, and therefore with all deference they hope the present Parliament will continue and confirm this invaluable Privilege to them." Another day of disagreement passed before the form was accepted by both House and Council. Mass. Arch., vI. 294, 295.

"We spent a fortnight in altercation between the two Houses. The majority of the Council remaining firm and steady presented a very ill-judged petition to the House of Commons which the lawyers upon the Boston seat had prepared, and which passed the House and was long insisted upon, and finally they gave it up and agreed to a more decent one, which perhaps will produce us relief no more than the other would have done, but will not bring upon us any farther evils. It is sent to Mr. Mauduit, although he had

Connecticutt and Rhode Island, have also remonstrated upon this Occasion. I hope the united sense of the Colonies will have so much weight in this matter as with the

intimated that he was tired of the agency. They would have chose a successor but could not agree. There were several candidates in England, and as many here. The latter, I imagine, in hopes each of them of a better chance another session, kept off the consideration at this. I had some expectation of interest enough to have obtained a vote for committing that paper to you, but the objections made to your accounts caused them to despair, and as often as it was mentioned the reply was that your own letter to the Secretary implied that the terms of your undertaking it should be their first settling your accounts. I never yet have been able to come at the sight of them. I find their principle objection is the charge of commissions. Their own agent has made the same charge. When they are told of that they say in answer that they have not yet allowed it, and that if they had, he has charged no expenses for his support nor any certain sum as a salary. We have two of the Representatives of Boston who oppose every motion in your favor. One of them was a creature of the late Governor and imbibed his prejudice then. The other, Mr. Otis, I believe has gone greater lengths that he would have done if I had not always espoused your cause; but he is not always of one mind, and very lately in consideration upon the subject of the agency he would give me no other reason for his opposition but your infirm state and inability to be constantly abroad. This as it was not a sufficient reason, so I know it was not what principally influenced him in his general conduct." Hutchinson to Bollan, November 7, 1764. Mass. Arch., xxvI. 116.

On November 3 Secretary Oliver sent a petition, of which Mauduit wrote: "I am quite pleased with the wording of it, and its just Remarks. Think it a Model or Pattern for all the other Agents to follow and even to join with." To the Secretary, December 20, 1764. Mass. Arch., xxII. 421. On January 11, 1765, Mauduit wrote: "As the session of Parliament is now opened, I have for some time past been in pain about the General Court's Petition, least it should not arrive before the American affairs came to be mentioned in the house. But this day I have received it and shall deliver it at the proper time. I have feed Council upon the right given in your Charter to tax yourselves, but Mr. Jackson is of opinion that the house will not allow of them. It gives me great satisfaction to see that the General Court have drawn their petition in so temperate and unexceptionable a manner. By printing their Letter, they have said all which they can desire to have said upon the subject, and more than any Agent here could have said, and coming immediately from them gives it the greater weight. I heartily wish it may have the effect they design'd, and tend to convince and not to exasperate. The Lords of Trade have laid a copy of that Letter, and of the New York Petition before the King in Council; and you will see that the King's Speech recommends the promoting that respect to the Legislative authority of this Kingdom, which is essentially necessary for the safety of the whole. I do not think it necessary that the province should set itself more forward than the rest, or distinguish itself more than it has already done: but I shall readily go as far as any others." Mass. Arch., xXII. 424. Five days later he reported that he had met little countenance in his efforts to make the petition acceptable to ministry or merchants. "All the servants of power say they don't desire to oppress, but seem determined that the

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