“Without the leave of the Governor”

Earlier this month the Journal of the American Revolution ran an article by Ray Raphael about colonial Massachusetts’s constitution and how the royal government tried to curtail it.

Here’s a taste:

Of the four punitive acts passed in response to the Boston Tea Party, closing the port of Boston receives most attention in textbooks today—but at the time, with 95 percent of the colony’s population living outside Boston, it was “An Act for the Better Regulating the Government of the Province of the Massachusetts Bay”—known today as the Massachusetts Government Act—that sparked the people’s fury and led them to cast off British rule.

Under the 1691 Charter, “freeholders” could call a town meeting whenever they saw fit—but no longer: “Whereas a great abuse has been made of the power of calling such meetings, and the inhabitants have, contrary to the design of their institution, been misled to treat upon matters of the most general concern, and to pass many dangerous and unwarrantable resolves,” the 1774 act declared, “no meeting shall be called by the Selectmen, or at the request of any number of freeholders of any township, district, or precinct, without the leave of the Governor, or, in his absence, of the Lieutenant Governor, in writing, expressing the special business of the said meeting.”

Likewise, on the provincial level, power was wrested from the people. No longer would the incoming “general court or assembly” choose the Governor’s Council:

Whereas the said method of electing such counsellors or assistants. . . hath been so far from contributing to the attainment of the good ends and purposes thereby intended, and to the promoting of the internal welfare, peace, and good government of the said province, or to the maintenance of the just subordination to, and conformity with, the laws of Great Britain, . . . the said method of annually electing the counsellors or assistants . . . should no longer be suffered to continue . . .

Be it therefore enacted . . . that the council, or court of assistants, shall be composed of such of the inhabitants or proprietors of lands within the same as shall be thereunto nominated and appointed by his Majesty.

All other officers would also be appointed by the governor, who could remove them at will…

The voters of Massachusetts didn’t like to see Gov. Thomas Gage implement the new law. Soon they were protesting against it—and shutting down the colonial government to do so.

The next courts were scheduled for Springfield, shiretown of Hampshire County, two weeks later, on August 30—but some 1,500 citizens made sure they did not sit. One eyewitness, Joseph Clarke of Northampton, gave a vivid account: “The people of each town being drawn into separate companies marched with staves & musick . . . The trumpets sounding, drums beating, fifes playing and Colours flying, struck the passions of the soul into a proper tone, and inspired martial courage into each.”

The judges and justices of the peace offered no resistance to “the body of the county,” as Clarke called the men who marched with their town’s militia companies. When a committee asked them “whether they meant to hold their commissions and exercise their authority according to the new act of parliament for altering the constitution of the province,” they all said they would not.

One corrective for the article: The Boston Port Bill went into effect on 1 June 1774. The Massachusetts Government Act may have been drafted to start at the same time, but the final language said it took effect on 1 August. And then the text didn’t arrive in Salem until a few days after that.

In other words, it took only about two weeks from the start of the law for people in western Massachusetts to organize major protests and shut down a branch of the royal government. That’s how much people wanted to maintain their constitution.