e made for troops on
a march, and not while permanently stationed in the country.[190] The
reason assigned for not furnishing the accommodations required by the
governor, implies the opinion that the act of parliament was
rightfully obligatory; and yet the requisitions of the mutiny act were
unquestionably a tax; and no essential distinction is perceived
between the power of parliament to levy a tax by its own authority,
and to levy it through the medium of the colonial legislatures; they
having no right to refuse obedience to the act. It is remarkable that
such inaccurate ideas should still have prevailed, concerning the
controlling power of parliament over the colonies.

[Footnote 190: Minot. Prior documents. Belsham.]

In England it was thought to manifest a very forbearing spirit, that
this instance of disobedience was punished with no positive penalties;
and that the ministers contented themselves with a law prohibiting the
legislature of the province from passing any act, until it should
comply, in every respect, with the requisitions of parliament. The
persevering temper of Massachusetts not having found its way to New
York, this measure produced the desired effect.

Two companies of artillery, driven into the port of Boston by stress
of weather, applied to the governor for supplies. He laid the
application before his council, who advised that, "in pursuance of the
act of parliament" the supplies required should be furnished. They
were furnished, and the money to procure them was drawn from the
treasury by the authority of the executive.

{1767}

On the meeting of the legislature, the house of representatives
expressed in pointed terms their disapprobation of the conduct of the
governor. Particular umbrage was given by the expression "_in
pursuance of an act of parliament_." "After the repeal of the stamp
act, they were surprised to find that this act, equally odious and
unconstitutional, should remain in force. They lamented the entry of
this reason for the advice of council the more, as it was an
unwarrantable and unconstitutional step which totally disabled them
from testifying the same cheerfulness they had always shown in
granting to his majesty, of their free accord, such aids as his
service has from time to time required."[191] Copies of these messages
were transmitted by governor Bernard to the minister, accompanied by
letters not calculated to diminish the unpleasantness of the
communication.