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signified his opinion to Lieut. Col. Carr, that if the companies in arms were ordered to their barracks, the streets would be cleared and the town in quiet for that night. Upon their retiring, the rest of the inhabitants, except those of the council-chamber, retired also."

The elegant mansion of Gov. Hutchinson stood on Garden-court, adjoining that of Sir Henry Franklyn, in the rear of which was a beautiful garden extending to Hanover and on Fleet street. It was erected of brick, painted in stone color. The capital of a Corinthian pilaster, of which there were six worked into the wall of this edifice, is deposited in the Historical Library. The crown of Britain surmounted each window. The hall of entrance displayed a spacious arch, from the roof of which a dimly-lighted lamp gave a rich twilight view. The finely carved and gilded arch, in massy magnificence, was most tastefully ornamented with busts and statues, says Mrs. Child, in the Rebels, who visited the structure when it was occupied by William Little, Esq. The light streamed full on the soul-beaming countenance of Cicero, and playfully flickered on the brow of Tulliola, the tenderness of whose diminutive appellation delightfully associates the father with the orator, and blends intellectual vigor with the best affections of the heart. The panelling of the parlor was of the dark richly-shaded mahogany of St. Domingo, and elaborately ornamented. The busts of George III. and his queen were in front of a splendid mirror, with bronze lamps on each side, covered with transparencies of the destruction of the Spanish Armada and the other battle-ships before the rock of Gibraltar. Around the room were arches surmounted with the arms of England. The library was hung with canvas tapestry, emblazoning the coronation of George II., interspersed with the royal arms. The portraits of Anne and the Georges hung in massive frames of antique splendor, and the crowded shelves of books were surmounted with busts of the house of Stuart. In the centre of the apartment stood a table of polished oak. In the year 1832, this building was demolished for modern changes.

Lieut. Col. Dalrymple, at the desire of the lieutenant-governor, came to the council-chamber, while several justices were examining persons who were present at the transactions of the evening. From the evidence of several, it was apparent that the justices would commit Capt. Preston, if taken. Several hours passed before he could be found, and the people suspected that he would not run the hazard of a trial; but, at length, he surrendered himself to a warrant for appre

hending him, and having been examined, was committed to prison. The next morning, the soldiers who were upon guard surrendered also, and were committed. This was not sufficient to satisfy the people, and early in the forenoon they were in motion again. The lieutenantgovernor caused his Council to be summoned, and desired the two lieutenant-colonels of the regiments to be present. The selectmen of Boston were waiting the lieutenant-governor's coming to Council, and being admitted, made their representation that, from the contentions arising from the troops quartered in Boston, and, above all, from the tragedy of the last night, the minds of the inhabitants were exceedingly disturbed; that they would presently be assembled in a town-meeting; and that, unless the troops should be removed, the most terrible consequences were to be expected. The justices, also, of Boston and several of the neighboring towns, had assembled, and desired to signify their opinion that it would not be possible to keep the people under restraint, if the troops remained in town. The lieutenant-governor acquainted both the selectmen and the justices that he had no authority to alter the place of destination of the king's troops; that he expected the commanding officers of the two regiments, and would let them know the applications which had been made. Presently after their coming, a large committee from the town-meeting presented an address or message to the lieutenant-governor, declaring it to be the unanimous opinion of the meeting that nothing can rationally be expected to restore the peace of the town, "and prevent blood and carnage," but the withdrawal of the troops. The committee withdrew into another room, to wait for an answer. Some of the Council urged the necessity of complying with the people's demand. The lieutenant-governor thereupon declared that he would upon no consideration whatever give orders for their removal. Lieut. Col. Dalrymple then signified that, as the 29th regiment had originally been designed to be placed at the Castle, and was now peculiarly obnoxious to the town, he was content that it should be removed to the Castle until the general's pleasure should be known. Gen. Gage was commander-in-chief of the British forces in America. The committee was informed of this offer, and the lieutenant-governor rose from the Council, intending to receive no further application upon the subject; but the Council prayed that he would meet them again in the afternoon, and Col. Dalrymple desiring it also, he complied. Before the Council met again, it had been intimated to them that the "desire" of the governor and Council to the

commanding officer (Maj. Gen. Wm. Keppel was colonel of the British regiments at Boston and at the Castle) to remove the troops, would cause him to do it, though he should receive no authoritative "order.” As soon as they met, a committee from the town-meeting attended, with a second message, to acquaint the lieutenant-governor that it was the unanimous voice of the people assembled, consisting, as they said, of near three thousand persons, that nothing less than a total and immediate removal of the troops would satisfy them. Here Hutchinson adds, in a note, at the end of this page, as follows:-“The chairman of the committee, in conversation with Lieut. Col. Dalrymple, said to him, that if he could remove the 29th regiment, he could remove the 14th also, and it was at his peril to refuse it. This was a strong expression of that determined spirit which animated all future

measures."

The Council, continues Hutchinson, who were divided in the forenoon, were now unanimous; and each of them, separately, declared his opinion, and gave his reason for it; and one or more of them observed to the lieutenant-governor that he would not be able to justify a refusal to comply with the unanimous advice of the Council, and that all the consequences would be chargeable upon him alone. The secretary of the province, Andrew Oliver, Esq., who thought differently in the morning, the two lieutenant-colonels, and the commander of one of his majesty's ships then upon the station, who were all present in Council, concurred in the necessity of his complying. He had signified his own opinion that, at all events, the governor and Council should avoid interfering in the destination of the troops, and leave it to the commanding officer; but when he considered that, by the charter, the Council was constituted for advice and assistance to him, that he had called them together for that purpose, that his standing out alone would probably bring on a general convulsion, which the unanimity of the king's servants might have prevented,he consented to signify his desire, founded upon the unanimous opinion and advice of the Council, that the troops might be removed to the barracks in the Castle; at the same time disclaiming all authority to order their removal.

Some of the officers of the regiments appeared, the next day, to be greatly dissatisfied with being compelled by the people to leave the town so disgracefully. Expresses were sent away immediately to the general. The jealousy that the general would forbid the removal caused

further measures to force the troops from the town before there could be sufficient time for his answer. Roxbury, the next town to Boston, assembled, and sent a committee of their principal inhabitants with an address to the lieutenant-governor, praying him to interpose, and to order the immediate removal of the troops; but he refused to concern himself any further in the affair. As the time approached when a return might be expected from New York, it was thought fit to have another meeting of the town of Boston, and a committee was appointed further to apply to the lieutenant-governor to order the troops out of town ;' Mr. Adams, their prolocutor, pressing the matter with great vehemence, and intimating that, in case of refusal, the rage of the people would vent itself against the lieutenant-governor in particular. He gave a peremptory refusal, and expressed his resentment at the menace. The committee then applied to the commanding officer, and the same day, March 10, the 29th regiment, and the next morning the 14th, were removed to the Castle. This success, concludes Hutchinson, gave greater assurances than ever that, by firmness, the great object, exemption from all exterior power, civil or military, would finally be obtained. Checks and temporary interruptions might happen, but they would be surmounted, and the progress of liberty would

recommence.

The time for holding the Superior Court for Suffolk was the next week after the tragical action in King-street. Although bills were found by the grand jury, yet the court, says Hutchinson, considering the disordered state of the town, had thought fit to continue the trials to the next term, when the minds of people would be more free from prejudice, and a dispassionate, impartial jury might be expected, after there had been sufficient time for the people to cool.

A considerable number of the most active persons in all public measures of the town having dined together, relates Hutchinson, went in a body from table to the Superior Court, then sitting, with Samuel Adams at their head, and, in behalf of the town, pressed the bringing on the trial at the same term with so much spirit, that the judges did not think it advisable to abide by their own order, but appointed a day for the trials, and adjourned the court for that purpose. But even this irregularity the lieutenant-governor thought it best not to notice in a public message; and for the grand point, the relation between the Parliament and the colonies, he had determined to avoid any dispute with the assembly, unless he should be forced into

it. Therefore, after acquainting them that he should transmit the remonstrance to be laid before the king, and attempting a vindication of his own character from their charges against it, he dissolved the assembly, the time, by charter, for a new assembly approaching.

The trials of the soldiers implicated in the massacre occurred on the October term of that year. The evidence against the four persons tried for firing from the custom-house being only that of a French boy, the jury acquitted them without leaving the bar. It was proved that the boy was at a remote part of the town the whole time that he swore he was at the custom-house and in King-street. The court ordered that he should be committed and prosecuted for wilful perjury; and, by his own confession, he was convicted.

Captain Preston had been well advised to retain two gentlemen of the law, says Hutchinson,-Josiah Quincy and John Adams,-who were strongly attached to the cause of liberty, and to stick at no reasonable fees for that purpose; and this measure proved of great service to him. He was also well informed of the characters of the jury, and challenged such as were most likely to be under bias. Three or four witnesses swore that he ordered his men to fire; but their evidence was encountered by that of several other witnesses, who stood next to him, and were conversing with him at a different place from that which the witnesses for the crown swore he was in; and the judges, in summing up the evidence to the jury, were unanimous in their opinion that he did not order his men to fire; but if he did, they were of opinion that, from the evidence of many other witnesses, the assault both upon the officer and men, while upon duty, was so violent, that the homicide could not amount even to manslaughter, but must be considered as excusable homicide. The jury soon agreed upon a verdict of not guilty, and the prisoner, being discharged, retired to the Castle, and remained there until he sailed for England, where he was pensioned. A few days after the trials, while the court continued to sit, an incendiary paper was posted in the night upon the door of the town-house, complaining of the court for cheating the people with a show of justice, and calling upon them to rise and free the world from such domestic tyrants. We refer to the printed trials for the results in the other cases.

In order to repel the insinuation of Hutchinson regarding abundant fees, we will give the relation of John Adams on this point. After stating that he accepted a single guinea as a retaining fee, Mr. Adams

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