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The Atlantic Monthly, Vol. 10, No. 58, August, 1862 by Several Authors
Book, page 111 / 210


were in Boston. But, after legal scrutiny there, no specifications of
acts amounting to treason had been made out as proper bases for
proceedings, and it could not be expected that the local authorities
would be wiser than their superiors; and thus this class of offences
was set aside. To deal with other matters of treason, and especially
with "the Rebellion of September," was found to be involved in
difficulties. The members of the faction were now behaving "very
cautiously and inoffensively," and so nothing could be made out of the
present; and as they would not bear witness against each other as to
the past, it was not easy from old affairs to make out cases of
treason. Former private consultations of a treasonable character, it
was said, lacked connection with overt acts, and the overt acts of a
treasonable character lacked connection with the prior consultations:
as, for instance, they said, the consultation to seize the Castle was
treasonable, but it was not followed by an overt act,--and the overt
act of the tar-barrel signal on the beacon-pole was treasonable, but
it could not be traced to a prior consultation so as to evidence the
intent. So these acute crown officials went on in their deliberations,
and came to the conclusion, which Bernard officially communicated (May
25, 1769) to Lord Hillsborough, in the long letter above referred to,
that they could not fix upon any acts "that amounted to actual
treason, though many of them approached very near to it."

The Governor, meantime, had issued precepts to the towns to return
members of the General Court; this made each locality (May, 1769)
alive with politics; and he stated to Lord Hillsborough, as a further
reason for not polling inquiry into treasonable practices, that he was
anxious not to irritate the people more than he felt obliged to. The
question of the removal of the troops was now discussed in the little
country forums, and the resolves and instructions to the
Representatives, printed in the journals, reecho, in a spirited manner
and with great ability, the political sentiment which had been
embodied in official papers. They contain earnest protestations of a
determination to maintain His Most Sacred Majesty George the Third,
their rightful sovereign, his crown, dignity, and family; to maintain
their Charter immunities, with all their rights derived from God and
Nature, and to transmit them inviolable to their latest posterity; and
they charge the Representatives not to allow, by vote or resolution, a
right in any power on earth to tax the people to raise a revenue
except in the General Assembly of the Province. All urged action

 
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