USA > Massachusetts > Commonwealth history of Massachusetts, colony, province and state, volume 3 > Part 7
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From a water color
Courtesy of Essex Institute, Salem
SHIP AMERICA, 1804, OF SALEM, MASS. George Crowninshield & Sons, owners
IN CONGRESS.
The DELEGATES of the UNITED COLONIE'S of New-Hampfire, Mafacbufetts- Bay, Rhode-Ifland, Connecticut, New-York, New- Jerfey, Pennfylvania,"the Counties of New-Gaffle, Kent and Suffex on Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, TO All unto whom thefe Prefents fhall come, fend GREETING: KNOW YE,
T HAT we have granted, and by thefe Prefents do grant Licence and Authority to Daniel
Catherine, Mariner, Commander of the choonez called Love American of the Burthen of Ninety in the
Tons, or thereabouts, belonging to Joined Hathow Many other, Midler Presun of Salem
Colony of Howhewills Bay mounting Jen Carriage Guns, and navigated by Eighty Men, and to fit out and fet forth the faid che ,az ina warlike Manner, and by and with the faid Schooner, the Crew thereof, by Force of Arms, to attack, feize, and take the Ships and other Veffels belonging to the Inhabitants of Great-Britain, or any of them, with their Tackle, Apparel, Furniture and Ladings, on the High Seas, or between high-water and low-water Marks, and to bring the fame to fome convenient Ports in the faid Colonies, in Order that the Cours, which are or fhall be there appointed to hear and determine Caufes civil and maritime, may proceed in due Form to condemn the faid Captures, if they be adjudged law -: ful Prize; the faid Zaned Hatherne having given Bond, with Sufficient Sureties, that Nothing be done by the faid Schoonen,
or any of the Officers, Mariners or Company thereof contrary to, or inconfiftent with the Ufages and Cuftoms of Nations, and the Inftructions, a Copy of which is herewith delivered to him. And we will and require all our Officers whatfoever to give Succour and Affiftance to the Said Daniel Hathorne
fhall iffue Orders to the Contrary.
in the Premifes. This Commillion fhall continue in Force until the Congrefs * By Order of the Congrefs, Tin Hancock PRESIDENT.
Dated at Watertown the bo of august 1/6)
From original in Massachusetts Archives
A PRIVATEERSMAN'S COMMISSION
59
DISTINGUISHED NAVAL OFFICERS
marque Mercury. In 1798 he was captain of the U. S. sloop of war Merrimac.
Henry Lunt, a resident of Newburyport, served as lieuten- ant on the Continental vessels Ariel and Alliance. He was second lieutenant on Bon Homme Richard at the time she cap- tured the Serapis.
Cutting Lunt, cousin of Henry Lunt, was a resident of Newburyport and his first service was as captain of marines in the privateer Independence in September 1776. On the fifteenth of November, following, he sailed from Newbury- port in the brig Dalton, and was soon after captured by an English frigate, taken to England and confined in Mill prison. After his release in 1779 he was third lieutenant of the Bon Homme Richard, at the time of the capture of the Serapis. In October, 1780, William Coffin of Newbury was captain of the privateer America, and Cutting Lunt, sailing master. The privateer, with her officers and crew, was lost at sea in 1781.
Patrick Fletcher, a resident of Newburyport, served as officer on several privateers. In 1789 he commanded the U. S. sloop of war Washington. He was captain of the U. S. prize frigate Insurgent, when she was lost at sea in 1800.
John Manly, a resident of Marblehead, served during the whole war with credit, but not always with good fortune. In 1775 he was commander of the Continental schooner Lee. In 1776 he was commodore of Washington's fleet, with the Hancock as flag ship. In 1778 he was captain of the privateer Cumberland. In 1779 he was commander of the privateer Jason, and he ended his services to the country as captain of the Continental frigate Hague.
Samuel Tucker, a resident of Marblehead, served as com- mander of the Continental schooner Hancock and the Con- tinental frigate Boston.
Jonathan Harraden was born in Gloucester but was a resi- dent of Salem. He served as first lieutenant on the State brigantine Tyrannicide. In 1780 he was captain of the letter of marque General Pickering. In 1782 he was captain of the letter of marque Julius Caesar. He is said to have captured vessels during the war carrying 1000 guns.
Edward Preble, a resident of Falmouth, Maine, in 1779
60
MASSACHUSETTS IN THE WAR
served as midshipman on the State frigate Protector. After the capture of that vessel by the British he was confined on the Jersey prison ship. On his release he served as an officer on the State sloop Winthrop. In 1790 he was captain of the U. S. frigate Essex. In 1803 he rose to be commodore of the fleet sent against the Barbary powers, with the Con- stitution as his flag ship.
John Allen Hallet was a resident of Boston. No other man in the State of Massachusetts probably commanded dur- ing the war as many State and private armed vessels. He was captain in turn of the privateer Sturdy Beggar, the State sloop Republic, the privateer brigantines Starks and America, the State brigantine Tyrannicide, the State brig Active, the priva- teer brig Phoenix, the letter-of-marque ship Tartar, the pri- vateer ship Franklin, and the letter-of-marque brig Minerva.
David Porter, a resident of Boston, served as a midship- man on one of the Massachusetts navy vessels in the Penob- scot Expedition. In 1796, while in command of a vessel, a British press gang tried to board his ship, but were beaten off after a sharp conflict in which men were killed and wounded on both sides. In recognition of the affair, Wash- ington appointed him sailing master in the U. S. Navy. He was the father of Commodore Porter.
Israel Thorndike was a resident of Beverly. He was cap- tain of the privateer Warren in 1776; first lieutenant of the State brigantine Tryrannicide in 1777; commanded the privateer schooner Scorpion in 1777; was captain of the letter- of-marque ship Resource in 1780. Later he became one of the merchant princes of Massachusetts.
Joseph Robinson, a resident of Salem, was master's mate on the State brigantine Massachusetts in 1777; master on the same vessel the same year; captain of the privateer brigantine Pluto in 1777; captain of the privateer brigantine Franklin in 1779; captain of the privateer ship Pilgrim in 1780.
John Cathcart, a resident of Salem, was first lieutenant of the State brigantine Tyrannicide in 1779; captain of the same vessel, the same year; captain of the privateer ship Esse.x in 1780; captain of the letter-of-marque ship Tartar in 1782.
61
SELECT BIBLIOGRAPHY
SELECT BIBLIOGRAPHY
ADAMS, JAMES TRUSLOW .- Revolutionary New England, 1691-1776 (Bos- ton, Atlantic Monthly Press, 1923).
ALLEN, GARDNER WELD .- A Naval History of the American Revolution (2 vols., Boston, Houghton Mifflin, 1913)-Best book in its field.
ALLEN, GARDNER WELD .- "State Navies and Privateers in the Revolution" (Mass. Historical Society, Proceedings, Vol. XLVI, pp. 179-191, Bos- ton, 1913).
BARTLETT, JOSIAH .- "Log of the Privateer Pilgrim" (Colonial Society of Mass., Publications, Vol. XXV, pp. 94-124, Boston, 1924)-This log, kept by the surgeon of the Pilgrim, records incidents of the cruise of 1781-1782.
BABSON, JOHN W .- History of Gloucester, Cape Ann, including the Town of Rockport (Gloucester, Procter Bros., 1860).
BARTLETT, WILLIAM .- Mss. Papers on Washington's Navy, and on con- tracts of Beverly privateers for cruises with Manly, in the custody of the Beverly Historical Society.
BLATCHFORD, JOHN .- Narrative of Remarkable Occurrences in the Life of John Blatchford of Cape Ann, Commonwealth of Massachusetts, Concerning His Treatment as a prisoner in the late war. Taken from his own mouth (New London, T. Green, 1778; Reprinted and edited by C. I. Bushnell in Crumbs for Antiquarians, Vol. II, privately printed, N. Y., 1866)-See especially p. 45.
BRADFORD, ALDEN .- History of Massachusetts from the year 1620 to 1820 (Boston, Hilliard, Gray, 1835).
BRADFORD, JOHN .- Letter Book .- MS. in the Library of Congress, Wash- ington.
COOPER, JAMES FENIMORE .- History of the Navy of the United States of America (N. Y., Putnam, 1856).
CURRIER, JOHN J .- History of Newburyport, Massachusetts, 1764-1905 (2 vols., privately printed, Newburyport, 1906)-For a list of vessels, privateers and letters of marque, fitted out in Newburyport during the Revolutionary War, see Vol. I, pp. 637-647.
DANE, NATHAN .- MSS. in the library of the Massachusetts Historical Society include letters from Cabot of Beverly to agents abroad. In- formation on Beverly and Salem privateers.
DOUGLAS-LITHGOW, ROBERT ALEXANDER .- Nantucket; a History (N. Y., Putnam, 1914).
EMMONS, GEORGE FOSTER .- Statistical History of the Navy of the United States, 1775-1853 (Washington, Gideon, 1853)-See pp. 126-169 for a list of public and private armed vessels fitted out in the United States during the Revolutionary War from 1776 to 1783, and their captures.
FREEMAN, FREDERICK .- History of Cape Cod: Annals of Barnstable County (privately printed, Boston, 1860-1862).
FORCE, PETER .- American Archives (Fourth Series, 6 vols .; Fifth Series, 3 vols .; Washington, 1837-1858)-Authentic reports and documents concerning the English colonies in North America from 1774-1776. GREGORY, JAMES H .- [Marblehead privateers] (Marblehead Messenger, Feb. 22, 1894).
JAMESON, J. FRANKLIN .- "St. Eustatius in the American Revolution" (American Historical Review, 1903, Vol. VIII, pp. 683-708).
62
MASSACHUSETTS IN THE WAR
"Journal of a Cruise in 1777 in the Privateer Brig Oliver Cromwell" (Essex Institute, Historical Collections, Vol. XLV, pp. 245-255, Salem, 1909).
LINCOLN, CHARLES HENRY .- Naval Records of the American Revolution, 1775-1778, prepared from the originals in the Library of Congress (Washington, 1906)-Miscellaneous records. Bonds of the letters of marque.
LOVELL, SOLOMON .- "Journal" (Weymouth Historical Society, [Publica- tions], No. 1, pp. 95-105, Boston, 1881)-Covers the Penobscot Expe- dition, July-August, 1779.
MACLAY, EDGAR STANTON .- History of American Privateers (N. Y., Ap- pleton, 1899).
MACLAY, EDGAR STANTON .- History of the United States Navy from 1705-1902 (3 vols., N. Y., Appleton, 1901-1902) .
MASSACHUSETTS (Commonwealth) .- Acts and Resolves, Public and Pri- vate, of the Province of the Massachusetts Bay (21 vols., Boston, 1869-1922)-See especially Vol. V, chaps. XIX-XXI.
MASSACHUSETTS (Commonwealth) : ARCHIVES DIVISION .- An extensive collection of manuscripts. Vol. CLVII of the general collection deals with maritime affairs during 1775-1783. Of the "Armed Vessels" collection, Vols. V-VIII are devoted to the Revolutionary period. "Revolutionary Rolls" of soldiers and sailors of Massachusetts are included in the archives.
MASSACHUSETTS (Commonwealth) : PROVINCIAL CONGRESS .- Journals of each Provincial Congress of Massachusetts in 1774 and 1775, and of the Committee of Safety, with an Appendix containing the Proceed- ings of the County Conferences-and Other Documents (Boston, 1838).
MATTHEWS, ALBERT .- "Bibliographical Notes on Boston Newspapers 1704- 1780" (Colonial Society of Mass., Publications, Vol. IX, pp. 403-507, Boston, 1907).
NASH, GILBERT .- Historical Sketch of the Town of Weymouth, Massa- chusetts, from 1622 to 1884 (Weymouth Historical Society, [Publi- cations], No. 2, Weymouth, 1886).
NICHOLS, GEORGE E. E .- "Notes on Nova Scotia Privateers" (Nova Scotia Historical Society, Collections, Vol. XIII, pp. 111-152, Halifax, Mc- Alpine, 1908).
NOVA SCOTIA : VICE-ADMIRALTY COURT .- "Records at Halifax: the Con- demnation of Prizes and Recaptures of the Revolution" (Essex In- stitute, Historical Collections, Vol. XLV, pp. 28-48, 161-184, 221-244, 309-332, Salem, 1909).
PAULLIN, CHARLES OSCAR .- The Navy of the American Revolution, its Administration, its Policy, and its Achievements (Chicago, Burrows Bros., 1906)-See especially chaps. XI-XVII.
PEABODY, ROBERT E .- "The Naval Career of Captain John Manley of Marblehead" (Essex Institute, Historical Collections, Vol. XLV, pp. 1-27, Salem, 1909).
PICKERING, TIMOTHY .- Historical Index to the Pickering Papers (Mass. Historical Society, Collections, Sixth Series, Vol. VIII, Boston, 1896) -Manuscripts deposited with the Society. Interesting letters about commerce and privateering interests of Salem in MSS. volumes X, XVIII, XX, XXIII, XXXIII, XLVII, LIII, LVI.
REVERE, PAUL .- Manuscripts in the library of the Massachusetts Historical Society,
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SELECT BIBLIOGRAPHY
ROADS, SAMUEL .- History and Traditions of Marblehead (Marblehead, Lindsey, 1897).
SHEPPARD, JOHN HANNIBAL .- Life of Samuel Tucker, Commodore in the American Revolution (Boston, Mudge, 1868).
STARBUCK, ALEXANDER .- History of Nantucket, County, Island and Town (Boston, Goodspeed, 1924).
SUMNER, WILLIAM GRAHAM .- The Financier [Robert Morris] and the Finances of the American Revolution (2 vols., N. Y., Dodd, Mead, 1891).
VAN TYNE, CLAUDE HALSTEAD .- The American Revolution, 1776-1783 (N. Y., Harper, 1905)-See critical and bibliographical final chapter.
WEEDEN, WILLIAM BABCOCK .- Economic and Social History of New Eng- land, 1620-1789 (2 vols., Boston, Houghton Mifflin, 1890)-See es- pecially Vol. II, chaps. XVI-XXI.
CHAPTER III
PROVISIONAL GOVERNMENT OF MASSA- CHUSETTS
BY ABNER L. BRALEY President of the Old Bridgwater Historical Society
HOLDOVER GOVERNMENT (1774)
In June, 1774, the causes of discontent in Massachusetts came to a head. The acrid disputes between the royal gov- ernors and representative body over the payment of official salaries and over the meeting place of the General Court, combined with the popular irritation which had been slowly rising since the attempt to enforce the Stamp Act, had been answered by the home government in a series of measures intended to give to the Crown and its immediate representa- tive a tighter rein on the affairs of government, as Lord North said, "to take the executive power from the democratic part of the Government."
Under this British. legislation, the colonial Council would be, after August, 1774, appointed by the Crown; the Gov- ernor was empowered to appoint and remove Judges, Sheriffs, and other officials without the consent of the Council; while town-meetings, except those for the annual selection of local officials, were not to be held without the written authoriza- tion of the Governor. The juries which, Lord Germain said in the House of Lords, "require great regulation", were to be empanelled from qualified persons, summoned by the sheriffs, instead of being selected by the people. Which of these causes of discontent was the most efficient in pro- ducing the final explosion, it would be idle to inquire. It is significant to note, however, that John Adams in a letter to the Abbé de Malby, included in his Defence of the Con- stitutions of the Government of the United States of America,
64
65
THE PROVINCIAL CONGRESSES
said: "It was here, in this extent of townships . ... that the sentiments of the people were first formed, and that their resolutions were taken, from the beginning until the end of the disputes and the war."
THE PROVINCIAL CONGRESSES (1774 - 1775)
The meeting of the last General Court of the Province to convene on the call of a Royal Governor at Salem, June 17, 1774, has been described in a chapter in the second vol- ume of this work. The last act of the colonial Assembly was to pass resolves providing for the appointment of dele- gates to a General Congress of all the Colonies.
The Provincial Congress which met at Concord covers the period of accomplished revolution. In its three sessions it assumed the government outside of Boston, where Gage and his army with their supporters lay beleagured. Chrono- logically the record is brief. The first Congress, "established" at Salem October 7, 1774, met once at Concord and twice at Cambridge, and was dissolved December 10, 1774. The Second Congress met at Cambridge February 1, 1775, twice at Concord, and, finally, at Watertown, where it dissolved May 29, 1775. The Third Provincial Congress met at Water- town, May 31, 1775 and dissolved there, July 19, 1775.
Distinctly revolutionary as these bodies were, they spoke the sentiment of the people and, in Hutchinson's opinion, "formed a legislative body." James Warren pointed out the constitutional issue in 1774 when, writing to the committee of Norwich he said: "Mr. Gage may issue his precepts and his council may sanctify them .... but what will this avail unless the people will acquiesce in them?"
That these successive Congresses were a real government is shown by their success in reaching the "pocket nerve." Henry Gardner was chosen Receiver-General to receive the moneys due the provincial government, the Congress having previously warned "the several constables and collectors of taxes" who had the money due in their hands not to pay Harrison Gray, the Treasurer under the royal government. In an address to Gage, though they acted under the form of "the Colony of Massachusetts Bay," appears the statement that His Excellency must be "sensible that the sole end of
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PROVISIONAL GOVERNMENT
government is the protection and security of the people."
This series of assemblages, though composed in the main of earnest and patriotic men, usually acted through the medium of a committee composed of the leaders of the revolt, amongst whom was Joseph Hawley, the author of Broken Hints. At the third session of the first Congress, the Com- mittee of Safety was organised, in which the executive power was lodged to a great extent. Retaining, as they alleged, "Confidence in the wisdom, justice and goodness of our sovereign," they bent every effort to thwart the will of the royal ruler in his effort to make them more amenable to his government in England.
In order that no sudden act of Gage might put it out of the power of the members to reassemble, a committee, con- sisting of members from towns in the immediate vicinity of Boston, received authority, if deemed desirable, to assemble the Congress at another place than that appointed, and earlier than the day set for their convening. The knowledge of the popular hesitancy toward violent measures, which must at once sever the ties between England and the Province, led to a "constant, and a sort of negative resistance of govern- ment." Nothing was conceded, but the attitude was sedulously maintained that a well-advised sovereign must necessarily act in what was conceived to be a constitutional manner. "In a constitutional connection with the Mother Country, we shall be altogether a free and happy people."
FOUNDATION OF THE REVOLUTIONARY GOVERNMENT (1774 - 1775)
The Provincial Congresses derived their strength and in effect their existence from the towns. They in turn expressed community sentiment in County Conventions, whose proceed- ings are in part preserved and were published by the Commonwealth in 1838. In each town Committees of Cor- respondence and of Safety kept careful watch for doubters and active Tories, and brought to naught the plans of mal- contents like Brigadier Ruggles and Daniel Leonard. Over all these bodies the impelling sense of danger, perhaps as much as the warnings and appeals of the leaders, kept the majority firm in obedience to the recommendations of both
APPEAL TO THE CONTINENTAL CONGRESS 67
the colonial Provincial Congress and the Continental Con- gress in Philadelphia.
Although the unrest sure to arise upon any great change in governmental forms and during hostilities presented ob- stacles to any efficient administration of affairs, yet, thanks to the ability and zeal of the leaders, seconded by the clergy, this provisional government was administered wisely and well. Thomas Cushing, John Adams, Samuel Adams, John Han- cock, Joseph and James Warren, Joseph Hawley, and until his treason Benjamin Church, were able to cope with Gage and his advisors.
APPEAL TO THE CONTINENTAL CONGRESS (1775 - 1776)
The Provincial Congress was throughout regarded as a temporary organization. Even during the summer preceding the Salem dissolution, numerous suggestions had been made that the Charter of 1691 should form the basis for a new constitution. The disintegration of government consequent upon the Revolution made necessary an intermediate stage, during which the Provincial Congresses operated from Octo- ber, 1774 to July, 1775. That the Provincial Congress thrice dissolved and as many times reassembled after new local elections, shows its makeshift character.
This absence of strong government for over nine months was dictated by expediency, for it gave the townsmen and farmers an opportunity to elaborate their philosophical theo- ries and to air their discontents. As early as October 27, 1774, an attempt was made by the First Provincial Congress to revive the Charter of 1691, by appealing to the members of the Mandamus Council whom Gage had not negatived, to attend the Congress.
Not until after Concord and Lexington and the subsequent raising of an army did the need for an efficient government make itself felt. May 12, 1775, the Second Provincial Con- gress authorized a committee to report "an application to the Continental Congress for obtaining their recommenda- tion for this colony to take up and exercise civil government as soon as may be :" The committee was moreover instructed to stress the urgent need of the colonists. May 16, Joseph
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PROVISIONAL GOVERNMENT
Warren, later killed at Breeds Hill, with Dr. Church (who within two years was to betray his country), Elbridge Gerry, and three others reported in favor of the immediate dispatch to Congress of a memorial stating the situation of the Colony.
Early in June, 1775 the formal request reached the Con- tinental Congress and was referred to a committee. June 9, Congress resolved that Massachusetts was in the right in refusing to obey the parliamentary statute abridging the Charter of 1691. Congress also endorsed the position of the colonists in their relations with the absent Governor and Lieutenant Governor, whose offices were declared to be vacant. The non-existence of a legal Council was recognized; but the Provincial Congress was advised to request the towns to elect representatives to the Assembly, which in turn should select the upper house. The Assembly and Council were to "exercise the powers of government until a governor of his majesty's appointment should consent to govern the colony according to its charter."
ORGANIZATION OF A LEGISLATURE (1775)
Upon the arrival of Dr. Church with the instructions of the Continental Congress, the Provincial Congress sent letters to the boards of selectmen of the various towns, enclosing the resolve and requesting the election of representatives to convene at Watertown on July 19, 1775. The suffrage in the election was restricted to forty-shilling freeholders and owners of estates of the value of forty pounds. The select- men of the towns were to make a "return" over their own signatures, and the term of the representatives elect was to expire on the last Wednesday of May, 1776.
The Third Provincial Congress continued to sit until July 19, 1775, when the Congress was "accordingly dissolved .... on a motion made and seconded" and "passed in the affirma- tive."
The same day, the General Court resumed its position as the representative organ of the Commonwealth. The first day's session was occupied exclusively in the choice of James Warren as Speaker.
In PROVINCIAL CONGRESS, Watertown, May 5, 1775-
HERE AS the Term for which this profent Corgrefs war chofe, expires WViên the Thirtieth Infant, and the Exigencies if our Public Affairs, ren- der it abfolutely necefary for the Safety of this Colony, that a neo Congrefs be clifled and cansened, to confider of, and tranfall the Public Afair thereof :
Therefore RESOLVED,
THAT it be, and it is hereby, recommended to the Riveral Towns and Diftriets in this Colony, that they, each of them, do forthwith elect and de- pute: as many Members, as to them fhall feem neccffary and expedient, to reprefent them in a Provincial Congrefs to be held at the Meeting.Houfe in Watertown, on the 3 ift Day of May Inftant, to be chofen by fuch only as are qualified by Law to vote for Reprefentatives. in the General Affembly, and to be continued by Adjournment, as they fhall fee Caufe, until the Expiration of fix Months from their being firft convened on the Thirty firft of this Inftant May, and no longer ; and to confult, deliberate, and refolve upon fuch further Meafures as under Gon fhall be effectual to fave this People from impending Ruin, and to fecure thole ineftimable Liberties, derived to us from our Ancef- tors, and which it is our Duty to preferve for Pofterity.
JOSEPH WARREN, Prefident P. T. Atteft, SAMUEL FREEMAN, Secr'y P. T.
In PROVINCIAL CONGRESS, Watertown; May 5, 1775.
TAJ HERE AS A Kidlegey General Gage, fince bis Arrival into this Colony, bail conducted as an Inftrument in the Hands of an arbitrary Miniftry, to enfave this People's and a Detachment of the Troops under bis Command, bas of late bien bibim ordered to the Town of Concord to deffrey the public Steres, depofted in that Place for Ufc of the Colony : And whereas by this clandefling and perfidious Meafure, a Number of refpettable Inhabitants of this. Colony, without any Prouncation given by them, have been illegally, wantonly, and inhumanly Daughtered by his Troops :
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