USA > Massachusetts > Early census making in Massachusetts, 1643-1765, with a reproduction of the lost census of 1765 (recently found) and documents relating thereto > Part 3
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
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" Upon my communicating to him your Lordfhips laft le ter and requiring him to give all the information upon thefe Articles which he could, He has given me an Account of thefe goods with all the diftinc- tions which are enter'd upon his books : but at the fame time he is obliged to give his reafons why the Authority of fuch diftinictions is not to be depended upon. 1. His Office not being intrefted in the diftinc- tion of the port, whence the goods come & the Act not requiring any fuch diftinction he has taken the Word of the Mafter for the entry of the [port
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port from which, without any enquiry into the truth of fuch report. 2. As the Duty of Sugar & Molaffes is the fame, he has taken the report of the Mafter, for the quality of thofe goods, without enquiring into the truth of it: and he has been occafionally informed fome times, that Sugar has been enter'd as Molaffes.
" Neverthelefs He believes that in general, the Entries made from the Weft Indies are of foreign Sugars &c .; as he knows of no reafon that can induce thofe Mafters who came from Britifh Ports not to enter as from fuch ; and that the entering Sugars as Molaffes is not very frequent, & probably onely in the Coafting trade. Upon the whole, He thinks that in regard to the Weft Indies, his Entries may afford a probable cal- culation of the proportion of the import of Britifh & Foreign Sugar & Molaffes. But then He conceives it is not very applicable to times of peace, efpecially in regard to Sugars ; which laft will not be to be had in any quantity from French Settlements, tho' Molaffes may poffibly be procured from thence.
" He obferves that the Entries from Salem in the years 1755-6-7 & 8 muft be fuppofed to be moftly included in the Entries from the Weft Indies, the greater part of which in thofe years were made at the port of Salem - The Molaffes enter'd from Barbados & Antigua are generally fuppofed not to be the produce of thofe Iflands, but foreign Molaffes brought into them in prizes or otherwife. The other Britifh Iflands, but moft chiefly Jamaica, have of late fent Molaffes of their own growth in fome quantity to North America.
"This Gentleman, who is of the Council, is a very fair & candid Officer ; but as his appointment is by an annual election, He is obliged, in point of prudence, not to carry the execution of his office any further than the Duties of it neceffarily require.
" I am with great refpect, " My Lords "Your Lordfhips moft obedient
" & moft humble Servant
"FRA BERNARD"
[Endorfed :
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Early Census Making
Endorfed : "To The Right Honble The Lords Commrs of Trade & Plantations Mafachufets
" Letter from Fra! Bernard Efq! Gov! of the Maffachufets Bay, to the Board, dated 29 April 1763, tranfmiting Acts &c. with fome obferva- tions and promifing a particular anfwer to the Bd: Queries."
Governor Bernard, following the suggestion in this letter to the Lords of Trade that he required the assistance of the Legis- lature to make the enumeration, sought that assistance on June 2, 1763, by the following message to the General Court :-
" Gentlemen of the Council and
" Gentlemen of the Houfe of Reprefentatives
" I am directed by the Lords of Trade to take a particular account of the number of the People of this Province with all proper diftinctions thereof. I am defirous to have this done with the utmost exactnefs, as fuch information will be of great ufe to the Government of this Prov- ince as well as to his Majefty's Minifters. I therefore propofe to have the returns of the feveral Towns made upon Oath according to a form to be iffued for that purpofe. And as I apprehend thefe Orders will be more effectual, if they are iffued under the Authority of the whole Legif- lature; I recommend this Affair to your confideration
" Council Chamber
" 24 June 1763
Fra Bernard "
It has been said that great opposition was made to this request of the Governor, and that the matter was delayed for several sessions of the General Court, and finally the order for enumera- tion passed by a small majority, because the people feared that the census would be only a part of a system of taxation of the Colony by the home government .*
* Bradford, History of Mass., p. 152.
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The record of the action of the General Court upon the matter, however, does not show that the delay was on this account, but that it arose in a difference between the Council and the House as to the method of making the enumeration.
That action was as follows :---
Upon receiving the message on June 2, it was read and it was "Ordered that this meffage be Confidered at Ten o'clock Tomor- row morning and the Members are enjoyned to attend at that time."
1135724
On the next day the General Court acted on the message. -
" On his Excellency's Meffage of Yefterday, in the Houfe of Repre- fentatives. Read and Ordered That M: Speaker, Major Morey, Judge Ruffell, M; Otis, M: Trowbridge, M: Fofter of Plymouth and M; Tyler with Such as the honourable Board fhall appoint be a Committee to take this Meffage under confideration, & make report. In Council Read and Concurred, and John Ofborne, Benjamin Lynde, Samuel Watts, Samuel Danforth, Benjamin Lincoln and James Otis Efq" are joined in the Affair."
June 11, 1763, the following action was taken : ---
In the Houfe of Reprefentatives. "Ordered That M: Waldo be of the Committee upon his Excellencys Meffage relating to the numbering of the Inhabitants &c in the room of Major Morey who is abfent."
In Council " Read and Concurred.".
June 14th the following report was made by the Committee.
"The Committee appointed on his Excellency's Meffage of the 2ª Inftant reported as their opinion That his Excellency the Governor be defired to give Orders to fuch Perfon or Perfons in the feveral Towns of this Province, as he fhall judge moft proper to take a particular
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Early Census Making
account of the number of the People therein, diftinguifhing them in manner following viz;
" Whites { Males Females under and above the age of fixteen each
" Negros and Molattos - Males and Females
"Civilized Indians - Males and Females
" Dwelling Houfes and Families
" And that Order be given that the Accounts fo taken be lodged in the Secretary's Office as foon after as may be."
This report was read and accepted in the Council and sent down to the House, where it was read and not accepted, and it was
"Ordered That M; Otis, M; Goldthwait and M; Cufhing of Bofton with fuch as the hon!e Board fhall join be a Committee to prepare an anfwer to his Excellency's Meffage and make report."
June 15 " this action was read in the Council and it Nonconcurred, And thereupon Refolved That his Excellency be defired to give directions to the Selectmen of the feveral Towns and Diftricts within this Prov- ince to take an exact account of the number of Perfons in their refpective Towns & Diftricts with fuch diftinctions as he fhall think neceffary, and that he give orders that the Account fo taken be lodged in the Secretary's Office as foon after as conveniently may be, Alfo that William Brattle Efq: with fuch as fhall be joined by the honbe Houfe be a Committee to wait on his Excellency the Governor with this Vote."
On the same day the House of Representatives nonconcurred and voted that the House "adhere to their own Vote." This was read in Council, and it nonconcurred on the same day. This was near the end of the session, and no further action was taken at that session.
At the next session, on January 19, 1764, the Governor sent the following message to the two Houses respectively, viz .: -
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" Gentlemen of the Council and "Gentlemen of the Houfe of Reprefentatives
" At the laft Seffion I informed You that I had Orders from the Lords of Trade among other things to return an account of the numbers of the People of this Province, and that I found it neceffary to afk your Affiftence to enable me to do this in the moft effectual manner. This bufinefs was then under your confideration, but being fome how or other mifunderftood, it never came to a conclufion. But I learnt that a prin- cipal objection to my propofal was that it did not appear that this Queftion was equally propofed to other Colonies, although upon the Face of the Queries it appeared to be a general and circular Requifition, and that it was frequently repeated at a certain diftance of time. As I had no opportunity to fatisfy you upon this Point at the laft Seffion ; I foon after informed myfelf of what had been done in the fame cafe in the neighbouring Colony of Connecticut: And I find that this Queftion has been anfwered about two years ago, and that this Anfwer was framed by the fame method I propofed to you, namely a return of the Select- men of each Town by order of the General Court. It alfo appears from their Return that the fame Queftion had been propofed in 1756, and that an exact Return had been made to it. If this had been made known to you at the laft Seffion, I make no doubt but that you would readily have complied with my Requeft : And as upon all Occafions I reprefent your proceedings in the moft favourable Light I can, I have acquainted their Lordfhips, that I confidered this Bufinefs as poftponed only, and that I did not doubt but that it would pafs at the next Seffion. I muft there- fore defire you to reconfider it according to my former Propofal.
" Council Chamber
" January 19"! 1764
Fra Bernard "
On February 2d, 1764
The House of Representatives. "Upon confidering of his Ex- cellency's Meffage of the 19: Ult: Ordered That the Selectmen of each Town and Diftrict in this Province to be chofen for the Year 1764 do as
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Early Census Making
foon as conveniently may be take an exact Account of the number of Dwelling Houfes, Families and People in their refpective Towns and Diftricts, including as well Indians civilized, Negroes and Molattos as White People, and Females as well as Males, and diftinguithing them in this Form namely.
White People under fixteen Years - Males Females
Above Sixteen Years / Males
Females
Families
Houfes
Negroes & Mollattos Males
- Females
Males
Indians 1 Females
And return the fame into the Secretaries Office by the laft day of Decem- ber next."
On the same day this action was sent to the Council, and it nonconcurred and "Ordered that Wm. Brattle & James Otis Efq" wth fuch as the honble houfe fhall join be a Comm: to bring in a bill for the purpofes mentd in ye above refolve."
On the same day this order of the Council was sent to the House, and it nonconcurred and voted that the House adhere to their own vote.
On the same day the vote of the House was sent to the Coun- cil, and it concurred with the House in the passage of the order, with an amendment striking out "selectmen " and inserting " assessors," so that the census should be taken by the assessors.
On the same day this action of the Council was sent w the House, and it nonconcurred therein and voted to adhere to its
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own vote. This action was communicated to the Council on the same day, and it voted to concur therein, and on the same day the original House order, which had thus passed both branches, was consented to by Governor Bernard.
It will be observed that this order did not specifically provide in what manner the selectmen were to be directed to take the enumeration provided for therein, but the Governor ordered the sheriffs of the several counties to direct the selectmen to take the action provided for by the resolve. The following is a copy of the order which was given to the selectmen, and of the return of one of the towns thereto : -
Copy of Cenfus Returns, 1764, of town of Rutland, from vol. 88 of the Archives in the Secretary's office.
| Worcefter | fs. Whereas His Excellency the Go- vernor hath by his Order to me di- rected, fignified that the Great and General Court did, on the fecond Day of February laft, pafs an Order, "That the Select- men of each Town and Diftrict in this Province, to be chofen for the Year 1764, do, as foon as conveniently may be, take an exact Account of the Number of Dwelling-Houfes, Families, and People in their refpective Towns and Diftricts," agreeable to a Schedule thereto annexed : And hath required me forthwith to make out a Precept directed unto the Select-Men of each refpec- tive Town and Diftrict within my Precinct, requiring them to take an exact Account of the Number of Dwel- ling-Houfes, Families and People, as aforefaid : and to return the fame into the Secretary's Office, on or before the laft Day of December next :
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Early Census Making
In Obfervance of the faid Order to me directed, Thefe are to will and require you, as foon as conve- niently may be, to take an Account of the Number of Dwelling-Houfes, Families, and People, within your | Town | , including as well Indians civilized, Negroes and Molattos, as White People, and Females as well as Males, diftinguifhing them in the Form as on the other Side hereof, agreeable to the faid Order of the Great and General Court : And make Return of this Precept to me, that fo the fame may be tranfmitted into the Secre- tary's Office, on or before the laft Day of December next. Hereof you are not to fail.
Given under my Hand and Seal at | Worcefter | the | sixth | of | Auguft | In the Fourth Year of His Majefty's Reign, Annoq; Domini, 1764. Gard. Chandler Sheriff
To the Select-Men of the | Town | of | Rutland | in the County aforefaid, Greeting
Houfes -
- 166
Families -
182
White People under Sixteen Years
Males 275
Females 244
Males 281
above Sixteen Years
Females 273
Negroes and Molattoes -
Males
9
Females 8
Males
Indians
Females
N. B. You are not to include the Acadians, commonly called French Neutrals, among the Provincials as above, but return them feparately as thus,
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French Neutrals under fixteen Years
Males
Females
Males
above fixteen Years
Females
Purfuant to the within Precept, We have taken an exact Account of the Number of Dwelling- Houfes, Families, and People in the | Town | of | Rutland | And do hereby Certify, That the foregoing Schedule contains a true and exact Account of the fame. Dated in | Rutland | aforefaid the | 26th | Day of | December | 1764. Jnº Murray John Stone Select-Men of
Paul Moore Rutland.
Rob: Douglafs -
But while the selectmen of some of the towns complied with this order and made return thereunder, the order was not gener- ally obeyed. The people of the Province had become discon- tented with the administration of Governor Bernard. He had made Lieutenant-Governor Thomas Hutchinson Chief Justice of the Superior Court, and that Court, with Hutchinson at its head, had issued the odious writs of assistance authorizing revenue officers to make arbitrary searches of the houses and seizures of the property of the people. Hutchinson had also, against great popular opposition, assumed to sit as a member of the Council while holding the offices of Lieutenant-Governor, Chief Justice of the Superior Court, and Judge of Probate of Suffolk County. The right of the British Government to tax the people of the Colony at its will was asserted by the Governor and the Council,
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Early Census Making
and many people probably regarded the taking of the enumera- tion as preliminary to and perhaps a part of a system of such taxation. But however this may be, the order was not obeyed to any such extent as to make the returns of value.
At the next session of the General Court, on February 16, 1765, the Governor brought the matter again to the attention of the Legislature by a message to the two Houses as follows :-
"Gentlemen of the Council and
" Gentlemen of the Houfe of Reprefentatives
" I am to inform you that the Order of the General Court made on the 2.ª of Febr! 1764 for the Selectmen of each Town and Diftrict to make a Return of their Houfes, Families and People, has been difobeyed by a great part of the Province, fo that the Returns which have been made are of no ufe. I have been near three years endeavouring to carry into execution this Order, which was executed in the Colony of Connecti- cut by order of the Affembly in lefs than three months: from whence this Contempt of an Order of Court fo reafonable and ufefull arifes, I am at a lofs to fay ? but furely it will bring a great reproach upon the Prov- ince, if you do not intervene to prevent it. I muft therefore defire that you will forthwith enforce the Execution of this order by a fhort day, and in fuch a manner as fhall leave no room for difobedience ; or at leaft that you will furnifh me with an Anfwer to his Majefty's Minifters, fhewing caufe why this Enquiry cannot be executed in this Province as well as in others.
" Council Chamber
" Febr! 15, 1765 -"
Fra Bernard
The General Court immediately took action upon this mes- sage. The House "Ordered that Mr. Lee, General Winflow, Captain Saunders, Mr. Otis, Captain Howard, and Colonel Chandler take the above meffage under confideration and report."
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February 20th the Committee reported and their report was accepted, and General Winslow, Judge Russell, and Mr. Lee were " ordered to prepare a bill and report the fame."
February 26th a bill was reported by the Committee, passed to be engrossed on the same day, and passed to be enacted on March 2d, as follows :-
" An Act to carry into Execution an Order of the General Court, for numbering the People within this Province.
" WHEREAS the great and general court of this province, the fecond day of February, one thoufand feven hundred and fixty-four, came into the following order ; viz., ' Upon confideration of his excellency's meffage of the nineteenth, currant, ordered, that the felectmen of each town and diftrict in this province, chofen for the year one thoufand feven hundred and fixty-four, do, as foon as conveniently may be, take an exact account of the number of dwelling-houfes, families and people, of their refpective towns and diftricts, including as well Indians civilized, negroes and molattoes, as white people; and females as well as males ; and diftin- guifh them in this form ; namely, --
White people under fixteen years [ Males,
Above fixteen years,
1 Females, Males, [ Females,
Families, Houfes,
Negroes and molattoes, -
Males,
Females,
Indians,
Males, Females, t
and return the fame into the fecretary's office, by the laft day of Decem- ber next; ' and whereas feveral of the felectmen of towns and diftricts within this province have complied with the abovefaid order, and divers
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Early Census Making
others have neglected their duty therein, and have not made return as directed, by which neglect the defign of faid order has been evaded ; for remedy whereof, and that a uniform return may be made, agreeable to his majefty's requifition, by his minifters, to his excellency the governor, therefore, -
" Be it enatted by the Governor, Council and House of Representatives,
" (SECT. I.) That the felectmen of fuch town and diftrict within this province (chofen for the year one thoufand feven hundred and fixty-four) where the above order has not been complied with, or the furvivors of them, do take an exact account of the number of dwelling-houfes, fami- lies and people, agreeable to the form aforementioned, and make return thereof unto the fheriffs of the feveral counties, refpectively, on or before the twenty-fifth day of May next; and in cafe of refufal or neglect of their duty, to forfeit and pay to his majefty, for the ufe of the county where fuch offence fhall arife, the fum of fifty pounds; to be recovered by the treafurer of the faid county in any court of record proper to try the fame.
" And be it further enacted,
" (SECT. 2.) That in cafe any mafter or miftrefs of any family fhall refufe to give a proper and true lift when required by one or more of the felectmen of any town or diftrict, he or fhe fhall forfeit the fum of forty fhillings ; to be recovered by the treafurer of fuch town, for the ufe of the poor thereof, before any of his majefty's juftices of the peace in fuch county. (Pafed March 5, 1765.)"
The original of this bill is in Volume 88 of the Archives .* This act, it will be observed, required the enumeration made by the selectmen to be returned to the sheriff's of the several counties, but did not specifically provide what the sheriff's should do with the returns. It was obviously expected, however, that they would return them into the Secretary's office, to which office, by the act of 1764, the selectmen were required to return the enumerations.
* The Acts and Resolves, Public and Private, of the Province of the Massachusetts Bay, Vol. 4, Ch. 28.
1
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To what extent additional returns were made under this act of 1765 it is impossible now to ascertain. It has been said that there are now " no traces or returns of this enumeration among the State Archives, and that they were probably loft amid the confufion that naturally and neceffarily prevailed during the Rev- olution."*
Later examination of the Archives, however, shows that re- turns are now to be found from the following towns in Worcester County : -
Southborough
Upton
Leominster
Oxford
Rutland
Lunenburg
Charlton
Grafton
Sturbridge
Princetown
Hardwick
Uxbridge
Brookfield
Templeton
Western
Lancaster
Mendon
Douglass
Westborough
Harvard
Spencer District
Worcester
Bolton
Holden
Oakham
Shrewsbury
New Braintree
Dudley
Westminster
Rutland District
Sutton
Leicester
Petersham
Athol.
and from the town of Woburn in the County of Middlesex. These returns bear various dates from September to December,
* " The First Census of Massachusetts." By the Hon. Samuel A. Green, M.D., Librarian of the Massachusetts Historical Society. Reprinted from the "Publications of the American Statistical Association," Boston, Mass., March, 1891.
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1764, and from February to May, 1765, and are contained in Volume 58 of the Archives.
In the meantime, on September 5, 1763, while the question of passing an order for an enumeration, as requested by the Lords of Trade, was pending before the General Court, Governor Ber- nard sent an answer, dated September 5, 1763, to the queries of the Lords of Trade. This letter, which is now in the Public Record Office in London, is wholly in the handwriting of Gov- ernor Bernard, and has, I believe, never before been printed. It contains so much interesting information as to the condition of the Province and its people that I print it here.
" The Answer of Francis Bernard Efq. Governor of his Majesty's Province of Maffachufets Bay to the Queries proposed by the Right Honorable The Lords Commifioners for Trade & Plantations.
" 1. The Province of Maffachufets Bay is fituated on the continent of North America towards the Atlantick Ocean between the Degrees of latitude 41 & 45 reckoning by fea coaft only The Soil is inferior to that of England in general, but is very fuitable to Indian Corn Barley Oats & Rye. It has not as yet produced Wheat enough for its own confumption, being not fo eafy of tillage as the Soil of the Southern provinces. It is very natural to Englifh Grafs of all forts. The Heat in Summer & the Cold in Winter are much more intenfe than in England. I once obferved Farenheits Thermometer 31/2 degrees below o & the Summer following It was 961/2 for a fhort time : But thefe were both fingular & uncommon inftances. Laft Winter which was very fevere it was feveral times at 2, & never lower, this Summer which has been temperate it has never been higher than 88. So that I would confider thofe as the gen- eral extremities. Notwithftanding the intenfenefs of the Cold, The Winter is a very healthy feafon ; fo is the Summer & the Autumn. But [the
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the Spring is a dangerous time to uncareful People, upon account of the frequent cold Eafterly Wind interfering with the Warmth of the opening Summer. The Principal Ports are Bofton, Salem, Newbury & Fal- mouth ; each of which has a feperate Cuftom houfe: There are feveral other good harbours. The principal Rivers that have any confiderable inland Navigation are the Merrimack, the Kennebeck & the Penobfcot. Bofton the Capital by good obfervations is found to lie in 42. 25' North latitude & 71° 30' weft longitude from London. I cant learn that the longitude has been taken any where elfe by obfervation ; & fuppofe it is laid down in modern Maps by computation.
" 2. The Province confifts of the Old Colony of Maffachufets Bay, the Colony of New Plimouth the Province of Main & the Country between the Province of Main & the River S! Croix called the Territory of Saga- dehock. The Old Colonys of the Maffachufets & New Plymouth being contiguous are bounded on the South by the Colonies of Rhode Ifland & Connecticut, on the Weft by New York, on the North by New Hampfhire, on the Eaft by the Atlantick. The Province of Main extends from the River Newickewanick along the Sea Coaft North Eaft- ward (the Coaft lyes neareft North Eaft & South Weft) to the River Kennebeck & up the Rivers Newickewanock & Kennebeck into the Lands North Weftward untill 120 miles are finifhed & a Line to be drawn from the end of the 120 Miles up Newickewanock to the end of the 120 Miles up Kennebeck. By a decree of his late Majefty in Council fettling the Boundaries between the Maffachufets & New Hampfhire the conftruction of Northweftward was determined to be North two degrees weft, which has altered the formerly conceived Bounds of that Province being then a regular tract about 120 miles Square : A difpute has fubfifted many years between this Province & New York concerning boundaries. The Merits of it having been heard & confidered by the Lords Commiffioners for Trade & Plantations, & a report having been made thereon the Province humbly waits his Majefty's determination. A difpute fubfifted alfo between this Province & the Colony of Connec- ticut untill the year 1713 when the Line was fettled & run by Com- [miffioners
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