USA > Massachusetts > Barnstable County > Cape Cod, the right arm of Massachusetts : an historical narrative > Part 13
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*Parsons's Life of Pepperell; Everett's Orations.
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that time, in 1761, "the opening scene of American resistance,"* had been precipitated by the attitude of the citizens of Boston, sustained and vivified by the matchless eloquence of a son of Cape Cod. The oppressive acts of trade which had been passed by Parliament had been evaded by the people of the colonies, and the Superior court was petitioned for "writs of assistance," to aid them in their work of enforcement. The hearing on this petition was had before the court, of which Thomas Hutchinson had but recently been appointed chief justice. Gridley, for the crown, in an able manner laid down the law and cited the precedents. Oxenbridge Thacher replied with wise and learned words of dissent. James Otis, Jr., a young man who had recently been a student in the office of the King's attorney, in an argument which since then has been forever memorable, plead the cause of the people of Boston. He said : "I am determined to my dying day to oppose with all the powers and faculties God has given me, all such instruments of slavery on the one hand and villiany on the other as this writ of assistance is. I argue in favor of British liberties at a time when we hear the greatest monarch on earth declaring from his throne that he glories in the name of Briton, and that the privileges of his people are dearer to him than the most valuable prerogatives of the crown. I oppose the kind of power the exercise of which, in former periods of English history, cost one King of England his head and another his throne. Let the conse- quences be what they will, I am determined to proceed, and to the call of my country am ready to sacrifice estate, health, applause, and even life. The patriot and the hero will ever do thus. And if brought to the trial, it will then be known how far I can reduce to practice principles which
*Bancroft.
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I know to be founded in truth." His whole plea was exceedingly able, and as poured forth was listened to with almost breathless attention for over four hours, a stream of eloquence, patriotism, and legal acumen, creating most intense excitement. Well did John Adams say, in reference to that plea and occasion, "Otis was a flame of fire; with a prompitude of classical allusions, a depth of research, a rapid summary of historical events and dates, a profusion of legal authorities, a prophetic glance of his eyes into futurity, and a rapid torrent of impetuous eloquence, he hurried away all before him. American independence was then and there born. Every man of an immense crowded audience appeared to me to go away, as I did, ready to take up arms against writs of assistance." Though the validity of these writs was after some delay affirmed, they served no purpose beyond irritating and inflaming the resentment of the people of Boston and of the other sections.
The purpose of taxing the colonies, which had been under consideration for several years, was brought forward in Parliament in 1764, and the following session an excise was made on certain goods, and stamp duties were also imposed. The measure met with the most determined opposition in the colonies. The stamp officers were compelled to resign, and the act, therefore, became a nullity. In New York the opposition to this act was, if possible, more determined than in Boston, and the leader in the popular movement was one whose origin was from Cape Cod, Capt. Isaac Sears, who put himself at the head of the populace, exclaiming, "Hurrah, boys, we will have the stamps !" and they were seized and committed to the flames. The governor dared not resist ; and Sears was then placed at the head of the committee for general safety.
The first Continental Congress ever assembled was held in
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October, 1765, consisting of delegates from each colony, " to consult on the common interest." Of this body, Timothy Ruggles, recently and for some years an inhabitant of Sandwich, was chosen president. Up to this time he had been regarded as an ardent patriot. He was a man of showy abilities, witty, audacious and well-informed, but with no guiding principle, except ambition and self-seeking. Allied to this county by no ties of blood or lineage, * our people have no occasion to either take pride in his abilities nor to blush for his apostacy to the cause of liberty. The congress over which he presided passed a declaration of the rights and grievances of the colonists; asserting the first of these to be "the rights and liberties of the natural-born subjects of Great Britain-the chief of which are, the exclusive power to tax themselves, and the trial by jury -both of which Parliament by its recent action had invaded."
The repeal of the Stamp Act, January, 1766, was preceded by a declaration of Parliament that they "have and of right ought to have, power to bind the colonies in all cases whatsoever." In pursuance of the purpose disclosed in this declaration, an act followed the next year, imposing duties on tea, paper, glass, paints, etc. ; a custom house was established ; a board of commissioners appointed, and two regiments of soldiers sent over to Boston to enforce these laws and overawe the people. Another, and a most revolting act was passed, providing that all offenders against these laws should be sent to England for trial. This statute, denominated "the mutiny act," excited the fiercest resent- ment in the popular mind. The general court refused all compliance with this act, and it having been demanded of them that they rescind their declaration not to submit to the
*He married, in 1739, widow Bathsheba Newcomb of Sandwich, and carried on the double occupation of lawyer and tavern keeper, in the house still standing by the town house.
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enactment, the refusal was again and most emphatically re-affirmed. Said James Otis, Jr., a reprepresentative from Boston in 1768: "Let Great Britain rescind ; if she does not, the colonies are lost to her forever." Gov. Bernard then dissolved the general court, and subsequently refused to prorogue it. A convention of the towns was then called -the Cape being generally represented-and petitioned the King for a redress of grievances, followed by an "address to the sovereign people." They had barely time to do this ere Boston was garrisoned by 4000 troops.
The feelings of irritation, caused by these troops, were still further aggravated in 1769, by a demand from the Governor for funds to defray the expenses of the soldiers in Boston, which demand was instantly and indignantly refused. Then followed nou-importation associations ; and after repeated acts of retaliation, Bernard left the province and was succeeded by Hutchinson as Lientenant Governor.
The Boston massacre, in 1770, was the natural sequence of the preceding transactions and the state of feeling which they engendered. Lord North this year became prime minister of England, and as a peace offering to the excited feelings of the Americans, all duties were repealed, except the slight one of 3d. per pound on tea, which was retained as the assertion of the right of Parliament to tax America. This the people recognized as the vital principle at issue, and determined at all hazards to resist ; and they did this at an immense sacrifice of their business interests, particularly those of a commercial nature. Many families from this county, especially those in the towns of Harwich and Chatham, removed to Nova Scotia, the better to prosecute the fisheries and agriculture, under more favorable condi-
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tions .* The towns of this county, through correspondence with the central committees in Boston, were kept in sympathy with the patriot cause. Associations of the "Sons of Liberty" had been formed in several towns, so that in the year 1773, those who resisted the acts of the British ministry were well organized and in a favorable position to repel the efforts to force upon the people the consumption of articles, which had been made subject to taxation, particularly of tea. The improvised tea party in Boston harbor had its accompaniment here. The arrival of the tea ships, the meetings of the citizens to prevent the landing of their cargoes, the boarding of the vessels by men disguised as Indians, who emptied the contents of three hundred and forty-two chests into the sea- all these events are familiar to the readers of revolutionary history. The day following, a letter was despatched to the South shore, which read in this wise :
BOSTON, Dec. 17, 1773.
Gentlemen :- We inform you in great haste that every chest of Tea on board the three Ships in this Town was destroyed the last evening without the least injury to the Vessels or any other property. Our Enemies must acknowledge that their people have acted upon pure and upright Principle. The people at the Cape will we hope behave with propriety and as becomes men resolved to save their Country."
To Plymouth and to Sandwich with this addition : "We trust you will afford them Your immediate Assistance and Advice."
The reference at the close of the letter was to still a fourth teaship which had been cast away on the back of the
*These families were not Tories, as some have supposed, but removed as from one state to another, at a time when Independence was not seriously contemplated by the general mind.
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Cape, within the limits of Provincetown. This occurrence led to complications which involved unfavorably one who, up to this time, had held a high position in the councils and confidence of the patriots. When Capt. Loring's barkentine was cast away, Mr. John Greenough, the teacher of the town of Truro, and a member of the committee to carry into effect resolves of the several congresses, undertook to procure and did procure, two vessels for the agent, Mr. Clarke, and assisted in getting the cargo to Boston. While in Provincetown, he procured two damaged chests of tea, partly for himself and partly for other persons. As the tea paid no duty, he said he conceived that he might do so without injury to the country's cause. One chest was disposed of to Col. Willard Knowles of Eastham, and another retained by himself. This transaction was not viewed with lenity by the citizens of Truro, who held a public meeting, called Mr. Greenough before them, and received his explanation as already set forth, and also his offer to do anything in his power to remedy any evil effects of his action, which the town might require. The advice of the Committee of Correspondence in Boston was asked, and after considerable delay Mr. Greenough's explanation was accepted, and he was restored, in some measure, to the confidence of his colleagues. It was creditable to the patriotism of the Truro people, that the repeated solicita- tions of the owners of the teaship, to accept employment in transporting the cargo to Boston, were refused, notwith- standing promises of a large reward, and that several vessels there were unemployed. The vessels to do this were procured in Boston.
The public proceedings of all the towns at this juncture breathe a tone of the loftiest patriotism. Sandwich, in January, 1773, instructed its representative to petition the
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King for a redress of grievances. In 1774, it was voted, not to import, buy nor make use of the teas purchased by the East India company, or subject to an unconstitutional duty. Yarmouth appointed a committee to see that no tea be brought into the town, and also a committee of observation and prevention. Barnstable prepared instructions to its representative, among the objects of which were, "to have the liberties wrested from us by arbitrary measures restored ;" "to use every legal and constitutional method to have the Port of Boston opened and made free," and "in case the governor shall dissolve the House of Representatives" to join with others in forming a Provincial Congress, etc. Eastham, in 1773, voted, that the several acts of Parliament complained of by the colonies are a manifest violation of their rights ; that every true friend of his country who should accept an offer of a judge in the courts under the loyal governor should reject it with abhorrence, and those who should accept it would be regarded as objects of contempt. It was also voted, that thanks be given to the people of Boston, "for their zeal and activity in the cause of liberty." In 1774, the town again expressed a determi- nation to oppose the ministerial plan of taxation; that the action of the East India company to send their teas to this country subject to payment of duty, "is a violent attack on our liberties ; that whoever shall, directly or indirectly, countenance this attempt, is an enemy to his country." Falmouth, in 1774, appointed a committee of correspondence and ordered that every man from 16 to 60 years of age be furnished with arms and ammunition ; also appointed a committee "to see that the Continental Congress be adhered to." Harwich voted to purchase fire-arms, and to pay the taxes to Henry Gardner, Esq., the provincial treasurer. Truro, though exposed to great peril, voted their sympathy
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with the common cause, especially in resistance to the scheme of sending teas to the colonies, and though some had been led to yield to the temptation of procuring tea at a small cost, the town remained inflexible on that point. A committee of correspondence was also chosen. In Chatham the record says, "a large number signed against tea." Wellfleet, in 1774, passed resolves pledging the town to " the defence of liberty against the unjust enactments of Parliament and the usurpations of the Crown ;" also "not to purchase any imported articles on which Government has imposed any unconstitutional and unlawful duties."
The first provincial congress, which assembled Oct. 7, was generally represented by the Cape towns. This was preliminary to county congresses in the different divisions of the State. A Barnstable county congress, composed of delegates from the several towns, assembled in the court house in Barnstable, Nov. 16. Hon. James Otis was chosen chairman, and Col. Joseph Otis clerk, of the meeting. Col. Nathaniel Freeman, Col. Joseph Otis, Mr. Thomas Paine, Daniel Davis, Esq. and Mr. Job Crocker were appointed a committee of correspondence, to communicate with different parts of the county and with other counties in the province as occasion might require ; and a committee consisting of Hon. James Otis, Col. Jos. Otis, Col. N. Freeman, and Mr. Thomas Paine, Daniel Davis, Esq. and Capt. Jonathan Howes, was appointed "to consider further the public grievances and the state of this county, and report at the time at which this meeting shall be adjourned." Thanks were then voted to the moderator, clerk and Col. Freeman, " for their good services," and the meeting separated. We have no information of the re-assembling of this body, but the foundation here laid, brought forth its fruit in the future transactions of the people of the Cape. An address adopted
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by this body was circulated among the people, and had a good influence, concentrating the sentiment of the community in the direction which it pointed out.
There was need of great promptness and discretion at this crisis. Those who were aggrieved by the acts of Parliament and the assumptions of the King were by no means united as to the most practical modes of resistance, or in the determination of resisting by force at all. It was a step, which no one can be blamed for hesitating to enter upon, in view of the certain consequences of such action, if unsuc- cessful. There are many reasons for thinking that the moderate or conservative party was much larger than is generally believed. It consisted of pronounced loyalists- those who received or expected favors from the government -including many persons of position and culture ; and a still larger class, who shrank from a contest with the power of the British government. There were many of the latter in Barnstable and Sandwich, who made themselves felt in the proceedings of the towns, postponing action in some cases, and at other times defeating the designs of the more advanced patriots. In Sandwich, Dr. Nathaniel Freeman, an active Whig gentleman, was assailed in the night time by parties who had felt themselves aggrieved by his course, and he barely escaped with his life. A loyalist mob in Barnstable cut down the liberty pole and went to the brutal extreme of tar and feathering a woman, whose sharp speeches had excited their resentment. In Truro, as late as Dec., 1774, such was the venom with which the loyalists viewed the patriot cause, that they threatened to assail the house in which lodged Dr. Adams, an ardent Whig physician, and a large number of citizens refused, for this cause, to employ him professionally. Rev. Mr. Upham, the clergy- man of Truro, for entertaining a number of eminent Whig
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gentlemen who visited the town, was abused in a most scurrilous manner by some of his parishioners, who forbade his entering their houses, threatening him with personal indignity if he did so .* Even after the events of Lexington, Concord and Bunker Hill, in consequence of representations made, that some of the inhabitants of East- ham and Chatham, and other towns in the county, had violated the resolves of the Continental Congress and the Congress of this Colony, Nathaniel Freeman and Col. James Otis were requested to make inquiry into the matter, with authority to cause such person or persons to be apprehended and secured, and brought up to the court to answer for their conduct -but we have no record that this last step was in any case taken. Still later, in consequence of a letter received by the Council from Col. James Otis, a committee was raised by the legislature to investigate the conduct of "certain Tories in Barnstable, and in particular a person at the head of them who professes himself a whig." Until a short time before the outbreak of hostilities, the numerical strength of the loyalists was not inconsiderable, and embraced some men of position and influence, but they were in time completely overborne by the zeal, activity and efficiency of the patriots, until the moderate and temporizing of their number were swept away by the tide of enthusiasm and the force of will of those who had determined upon resistance. There was no footing for moderate or half-way parties. There were two extremes, and the one or the other had to be taken. Very soon, in the march of events, there was practically but one party here.
To punish the inhabitants of Boston, and compel them to make restitution for the value of the tea destroyed,
*Letter from Dr. S. Adams to Thomas Paine, Esq., of Eastham, Dec. 5,1774.
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parliament passed a bill interdicting commercial intercourse with that port, and prohibiting the landing or shipping of goods there. The effect was of course to deprive at once a large portion of the inhabitants of all means of subsistence ; and the only way in which their sufferings could be relieved was by contributions from other towns. These were poured in from all parts of the country, the Cape not failing to contribute her share. Among these were the following : Barnstable, £12, 10s., 8d .; Wellfleet, £7, 10s., 8d .; Eastham, £10 and 50 bushels of corn ; Falmouth, £30, 18s. and 5} cords of wood, at one time; at another time £5, 15s., 8d .; Truro, £11, 16s .; Sandwich, £19; Mashpee, 18s. ; Yarmouth E. parish, £7,4s., 8d., W. parish, £5, 6s., 8d .; Eastham, N. parish, £7, 16s.
The year 1774 was made memorable by the meeting of the Continental Congress, and by the promulgation of the Solemn League and Covenant, to suspend all intercourse with Great Britain, set on foot by the leading patriots of Massachusetts. It is, however, the purpose of this narra- tive to enlarge upon these proceedings no further than is necessary to make intelligible the conduct and action of the inhabitants of the Cape. Heretofore, the local demonstra- tions had been in the direction of the assertion of their rights, and protests against their infringement, by the local assemblies ; stopping short of actual resistance to authority. The time had now come when forcible means were resorted to, when the first overt act, done in the face of day, was to be taken by our people.
Parliament having taken from the House of Representa- tives of the province the right to choose the council-a right granted by the charter to the province-and author- ized the King to appoint the council by mandamus, and directed the sheriffs of the several counties to appoint the
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jurors instead of their being drawn, as provided by law, from the jury boxes, by the selectmen, the popular leaders determined to resist an act which put them so completely at the mercy of their oppressors. A court of Common Pleas was to be held in Barnstable on the first Tuesday of September, and they resolved to put an end to its sitting and prevent the transaction of any business whatsoever.
Accordingly, a large body of citizens, men of substance and position, from Rochester, Wareham and Middleboro, repaired to Sandwich the Monday preceding the opening of the court, and was there joined by many other citizens of that town. Dr. Nathaniel Freeman was chosen conductor- in-chief, and subordinate officers were appointed. On Tuesday the body marched to Barnstable, where they were joined by many citizens of that and the lower towns, in all about 1500 strong, and took possession of the grounds in front of the court house. Commissioners were then appointed, to ferret out the disaffected among the people, and require them to renounce in writing their Toryism. Many were found and signed, as required, but did it with a very poor grace. The court, led by the sheriff, soon made its appearance. The crowd giving way, Col. Otis, the chief justice, addressed the assemblage, demanding to know the cause of this obstruction, and was answered by Dr. Freeman, standing on the court house steps, as follows: "May it please your honor-Oppressed by a view of the dangers with which we are surrounded, and terrified by the horribly black cloud which is suspended over our heads and ready to burst upon us, our safety, all that is dear to us, and the welfare of unborn millions, have directed this movement to prevent the court from being opened or doing any business. We have taken all the consequences into consideration ; we have weighed them well, and have formed this resolution
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which we shall not rescind." The chief justice, then, calmly but firmly replied, "This is a legal and constitutional court; it has suffered no mutations; the juries have been drawn from the boxes as the law directs; and why would you interrupt its proceedings ? Why do you make a leap before you get to the hedge ?" Dr. Freeman responded, "All this has been considered. We do not appear here out of any disrespect to this honorable court ; nor do we apprehend that if you proceed to business you will do anything that we could censure. But, sir, from all the decisions of this court, of more than forty shillings' amount, an appeal lies, an appeal to what ?- to a court holding office during the King's pleasure ; a court over which we have no control or influence ; a court paid out of the revenue that is extorted from us by the illegal and unconstitutional edict of foreign despotism ; and there the jury will be appointed by the sheriff. For this reason, we have adopted this method of stopping the avenue through which business may otherwise pass to that tribunal, well knowing that if they have no business, they can do us no harm." The chief justice then said, "As is my duty, I now, in his majesty's name, order you immediately to disperse and give the court the oppor- tunity to perform the business of the county." Dr. Freeman replied, "We thank your honor for having done your DUTY ; WE SHALL CONTINUE TO PERFORM OURS." The court then turned and repaired to the house, where they had lodged.
A committee, of which Dr. Freeman was chairman, was also chosen to wait on the chief justice and request him to attend at Salem at the time appointed for the meeting of a new general court, and there take his seat at the council board, to which he had been duly chosen. He answered in writing that he had concluded to do so, if his health
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permitted. The justices also signed a paper not to accept any appointment under the authority of the act of Parliament under review. The justices whose names were appended were : James Otis, Thomas Smith, Joseph Otis, Nymphas Marston, Shearjashub Bourne, David Thacher, Daniel Davis, Melatiah Bourne, Edward Bacon, Isaac Hinckley, Solomon Otis, Kenelm Winslow, Richard Bourne. Thomas Winslow, David Gorham, and Chillingworth Foster, Esq'rs, subse- quently, by request, also signed the document. The deputy sheriffs were then called upon to sign a similar declaration, and the military officers were also requested to resign commissions which they held under the existing anthority, which they accordingly did. Before dissolving, committees from all towns were appointed to carry into effect the wishes of the meeting. Their names have been preserved, and are: For Falmouth, Moses Swift, John Grannis, Daniel Butler. Yarmouth, Daniel Taylor, Isaac Hamblin, Joseph Crowell. Barnstable, Ebenezer Jenkins, George Lewis, Eli Phinney. Sandwich, Nathaniel Freeman, Lot Nye, Seth Freeman. Harwich, Benj. Freeman, John Freeman, Lot Gray. Eastham, Job Crocker, Amos Knowles, Jr., Thomas Paine. Wellfleet, Samuel Smith, David Greenough. Truro, Dr. Samuel Adams, Jonathan Collins. Chatham, Dea. Bassett, Richard Sears.
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