The Massachusetts Government Act of 1774
The Second of the Intolerable Acts Increased Tensions
Nov 5, 2009
In December 1773, the major ports in the American colonies refused to allow shiploads of tea to be unloaded due to the dreaded tax. Only in Boston did drastic measure occur: the tea was destroyed in what we now call the Boston Tea Party. Parliament reacted with a four acts passed in March through June, 1774. The colonists called them the Intolerable Acts, or the Coercive Acts. Since Boston with the city of violence and the greatest trouble, Boston and its colony faced the brunt of Parliament’s anger.
Massachusetts’ Government Under the Royal Charter
Massachusetts Bay Colony began in 1630 under a charter granted in 1628. The colony was self-governing and essentially independent of England, and had leeway on setting up its own government. With the example of Commons and Lords as a bicameral legislature, the same government was set up in the new colony. Each town then had its own elected officials, and had a fair measure of autonomy.
In 1691 a new charter was issued for Massachusetts, combining it with the Plymouth colony, and making it a royal colony, existing at the pleasure of the sovereign acting through Parliament. The bicameral legislature was maintained, with each house being elected, and each town was allowed its council and operations. It appears the form of government changed very little with the new charter, except that the governor became a royal appointee rather than an elected official.
Why Parliament Passed the Massachusetts’ Government Act
Lord North, prime minister, began the bill he presented to the House of Commons with a list of reasons why the bill was being presented. Those reasons were as follows, including some of the language straight from the final act. One of the big concerns seems to have been the method of selecting the twenty-eight “counsellors”, the members of the upper house.
- The “method of electing counsellors…hath, by repeated experience, been found to be extremely ill adapted to the plan of government…in Massachuset’s [sic] Bay.”
- That method of electing counsellors “hath been so far from contributing to the attainment of the good ends and purposes thereby intended.”
- That method of electing counsellors “hath been so far from…the promoting of the welfare, peace, and good government of said province.
- It was also detrimental “to maintaining the laws of Great Britain, actually obstructing the laws.”
- It encourages acts of direct resistance to, and defiance of, his Majesty’s authority.
- Open resistance to the execution of the laws had taken place.
- It was seen as essential that the annual election of counselors should no longer continue.
- A great abuse had been made of the power of local assemblies.
How the Massachusetts’ Government Was Changed by the Act
Parliament passed the Massachusetts Government Act on May 20, 1774. Its provisions took effect on July 1 and August 1, 1774. Key among those provisions were the following.
- The council, or courts of assistants were to be nominated and appointed by the king, with the advice of the Privy Council. They would number between 12 to 36 counselors.
- The counselors would hold office for and during the pleasure of the king, and would have the same powers, privileges, and immunities from before the Act. They would have to take an oath and subscribe to certain declarations before taking office.
- The governor would be able to nominate and appoint, without the consent of the council, all judges of the inferiors courts of common pleas, commissioners of the “Oyer and Terminer”, the attorney general, provosts, marshals, justices of the peace, and other officers of the council or courts of justice. Essentially, the king or his appointee as governor appointed everyone who would serve at the provincial level.
- Those in office before July 1, 1774 would remain in office until death, removal by the governor, or other “avoidance.”
- The governor would nominate, appoint, and remove sheriffs.
- The governor would appoint to fill all vacancies on the superior court, who would hold their commissions at the king’s pleasure.
- Local assemblies could meet only with written permission of the governor, except for an annual meeting in March or May, or to fill vacancies in offices, or for elections for general court officers.
These restrictive provisions, removing many positions from popular election to royal appointment, no doubt hastened the colonist’s desire for independence.
Source:
Yale Law Library, the Avalon Project, citing Great Britain – The Statures at large [from 1225 to 1867] by Danby Pickering.
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