By Josiah Quincy, Jr.
THIS instance of the temper of the colonies with regard to the Stamp Act has served to keep alive the name of Thomas Hutchinson, the last royal Governor of the Province of Massachusetts Bay. As its Chief Justice he opposed the obnoxious Act, and later advised its repeal, but he accepted its legality and thereby was mobbed. His pro-British administration as Governor intensified the friction with the patriots, and his other acts hurried the appointment of a military governor for the colony.
Quincy, from whose diary this record [dated August 27, 1765] was taken, was a young Boston lawyer when rebellion in the colonies was coming to a head. In the first sessions of Congress he opposed the policies of Jefferson and Madison, declaring that the Louisiana Purchase Was a sufficient cause for the dissolution of the Union. This was the first announcement on the floor of Congress of the doctrine of secession.
THERE cannot, perhaps, be found in the records of time a more flagrant instance to what a pitch of infatuation an incensed populace may arise than last night afforded. The destructions, demolitions, and ruins caused by the rage of the colonies in general perhaps too justly inflamed at that singular and ever-memorable statute called the Stamp Act, will make the present year one of the most remarkable eras in the annals of North America. And that peculiar inflammation, which fired the breasts of the people of New England in particular, will always distinguish them as the warmest lovers of liberty; though undoubtedly, in the fury of revenge against those who they thought had disclaimed the name of sons, for that of enslavers and oppressive tax-masters of their native country, they committed acts totally unjustifiable.
The populace of Boston, about a week since, had given a very notable instance of their detestation of the above unconstitutional Act, and had sufficiently shown in what light they viewed the man who would undertake to be the stamp distributor. But, not content with this, the last night they again assembled in King's Street; where, after having kindled a fire, they proceeded, in two separate bodies, to attack the houses of two gentlemen of distinction, who, it had been suggested, were accessories to the present burdens; and did great damage in destroying their houses, furniture, &c., and irreparable damage in destroying their papers. Both parties, who before had acted separately, then unitedly proceeded to the Chief-Justice's house, who, not expecting them, was unattended by his friends, who might have assisted, or proved his innocence. In this situation, all his family, it is said, abandoned the house, but himself and his eldest daughter, whom he repeatedly begged to depart; but as he found all ineffectual, and her resolution fixed to stay and share his fate, with a tumult of passions only to be imagined, he took her in his arms, and carried her to a place of safety, just before the incensed mob arrived. This filial affection saved, it is more than probable, his life. Thus unexpected, and nothing removed from the house, an ample field offered to satiate, if possible, this rage-intoxicated rabble. They beset the house on all sides, and soon destroyed everything of value:
"Furor arma ministrat. --Virgil.
The destruction was really amazing; for it was equal to the fury of the onset. But what above all is to be lamented is the loss of some of the most valuable records of the country, and other ancient papers ; for, as his Honor was continuing his history, the oldest and most important writing and records of the Province, which he had selected with great care, pains, and expense, were in his possession. This is a loss greatly to be deplored, as it is absolutely irretrievable.
The distress a man must feel on such an occasion can only be conceived by those who the next day saw his Honor the Chief-justice come into court, with a look big with the greatest anxiety, clothed in a manner which would have excited compassion from the hardest heart, though his dress had not been strikingly contrasted by the other judges and bar, who appeared in their robes. Such a man in such a station, thus habited, with tears starting from his eyes, and a countenance which strongly told the inward anguish of his soul, what must an audience have felt, whose compassion had before been moved by what they knew he had suffered, when they heard him pronounce the following words in a manner which the agitations of his mind dictated?
August Term, 3 George 111. in B. R., &c. Present: The Hon. Thomas Hutchinson, Esq., Chief-justice; John Cushing, Peter Oliver, Esqs., Justices.
The Chief-Justice, addressing the whole court, said,
"Gentlemen, There not being a quorum of the court without me, I am obliged to appear. Some apology is necessary for my dress : indeed, I had no other. Destitute of everything, no other shirt ; no other garment but what I have on ; and not one in my whole family in a better situation than myself. The distress of a whole family around me, young and tender infants hanging about me, are infinitely more insupportable than what I feel for myself, though I am obliged to borrow part of this clothing.
"Sensible that I am innocent, that all the charges against me are false, I can't help feeling : and though I am not obliged to give an answer to all the questions that may be put me by every lawless person, yet I call God to witness, and I would not, for a thousand worlds, call my Maker to witness to falsehood, 1 say, I call my Maker to witness, that I never, in New England or Old, in Great Britain or America, neither directly nor indirectly, was aiding, assisting, or supporting in the least promoting or encouraging what is commonly called the Stamp Act; but, on the contrary, did all in my power, and strove as much as in me lay, to prevent it. This is not declared through timidity ; for I have nothing to fear. They can only take away my life, which is of but little value when deprived of all its comforts, all that was dear to me, and nothing surrounding me but the most piercing distress.
"I hope the eyes of the people will be opened, that they will see how easy it is for some designing, wicked man to spread false reports, to raise suspicions and jealousies in the minds of the populace, and enrage them against the innocent; but, if guilty, this is not the way to proceed. The laws of our country are open to punish those who have offended. This destroying all peace and order of the community, all will feel its effects ; and I hope all will see how easily the people may be deluded, inflamed, and carried away with madness against an innocent man.
"I pray God give us better hearts!"
The court was then adjourned, on account of the riotous disorders of the preceding night, and universal confusion of the town, to the 15th of October following.
