In New York, where general Gage was expected with a considerable body of troops, a message was transmitted by the governor to the legislature, desiring their compliance with an act of parliament called "the mutiny act," which required that the colony in which any of his majesty's forces might be stationed, should provide barracks for them, and necessaries in their quarters. The legislature postponed the consideration of this message until the troops were actually arrived; and then, after a second message from the governor, reluctantly and partially complied with the requisitions of the act.
At a subsequent session, the governor brought the subject again before the assembly, who determined that the act of parliament could be construed only to require that provision should be 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.