and a blow was aimed by one of them at Captain Preston. On which a confused noise of "Fire!" was

heard, and several pieces being discharged, ten or twelve persons were killed or wounded. The drums now beat every where to arms! and the townsinen assembled to the amount of many thoufands: but the Governor at length making his appearance in person, they were prevailed upon, it being now moonlight, to disperse. The next morning the people again collected in vast bodies, and the Governor affembling a Council was urged to order the immediate removal of the troops; to which he most reluctantly afsented, being told by Mr. Oliver the Lieutenant Governor, 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 fanction of the civil magistrate; and the funeral of the four persons killed in the late riot was celebrated with great and pompous folemnity, being followed by an immense concourse of people, and the proceffion 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 prifoners, after a full and fair trial, were by a verdict worthy of the highest praise honorably acquitted, two only excepted, who VOL. II.

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were found guilty of manslaughter. Mr. Quincy and Mr. Adams, counsel for the prisoners, and themselves warım partisans of liberty, exerted their utmost ability in their defence. "We must," faid one of these gentlemen, addressing the Jury, "fteel ourselves against prepoffeffions which contaminate the fountain of justice. To your candor and impartiality I submit the prisoners and their cause. The Law, in all viciffitudes of government, fluctuations of paffion, or flights of enthusiasm, will preserve a fteady undeviating course. To use the words of a patriot, a hero, a martyr to liberty, ALGERNON SYDNEY, 'Tis mens fine 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 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 refolved not to procced to business; on which the Governor prorogued them to the month of July. On re-affembling, they perfisted in their former resolution, and were again prorogued to September. In an Address

dress to the Governor, previous to the last prorogation, the Assembly, with minds apparently oppreffed by gloomy and prophetic forebodings, insisted upon the right of the people to appeal to Heaven in difputes 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 it up to such officer as General Gage should direct to take the command of it. The Assembly in reply observed, "If the cuftody and government of the fortress be now lodged with the military power, independent of the fupreme civil magiftrate within this jurisdiction, it is so essential an alteration of the Constitution as must justly alarm a free people." The House, from the neceffity of the cafe, now proceeded to business; and before the prorogation, they established a "Commit tee of Correfpondence, to communicate with such committees as may be appointed by other Colonies." In the month of April, 1771, the General Court was again

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again convened at Cambridge; and against this ob noxious exertion of power the Affembly again remonftrated, and entered their protest. The Governor inforining the House, that by his Majesty's instructions he was forbidden to give his affent to any Act fubjecting the Commiffioners of the Customs, and other officers of the Crown, to be taxed by the ufual affeffors for the profits of their commiffions, the House in language daring and indignant replied: "We know of no Commiffioners of his Majefty'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 thofe, who, if they have property, have a right to the absolute disposal of it." The seffion passed heavily in fullen filence, or angry recrimination.

On the fucceeding year, May 1772, the General Court being again convened at Cambridge, the Governor acquainted the House, that his Majefty had made provifion for his support; on which the House, by a message to the Governor, declared, "that themaking provifion for his Excellency'ssupport, independent of the grants and acts of the General Affembly, and the Governor's receiving the fame, is an infraction upon the rights of the inhabitants granted by the royal charter." An unfortunate incident about this time took place. at Rhode Ifland, which proved a new fource of animofity and difcord. Lieutenant Duddington, commander of the Gafpee

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Gafpee armed schooner, an officer very obnoxious 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 paffengers to Newport, ordered by fignal the mafter to lower his colors; which being ditregarded, 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 Gafpee accordingly was foon faft: and, the tide having now done flowing, could by no means disengage herself. So fa vorable 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 theschooner, and after fome refiftance made themselves masters of the veffel, which they immediately set on fire and burnt with all her flores; and though a reward of 500l, was offered for the difcovery of these daring offenders, no evidence could be obtained against them. This event gave rise to an Act of the British Parliament, by which wilfully and malicioufly to destroy his Majefty's ships, ammunition, or stores, is made capital, and fubjects the offender, as well in America as England, to a trial at the pleasure of his Majefty in any county of Great-Britain. Such are the progreffive fieps by which Tyranny forges his chains, and peoples his

dungeons. A governmemt which has loft the confidence

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