USA > Massachusetts > Plymouth County > Abington > Historical sketch of Abington, Plymouth County, Massachusetts. With an appendix > Part 7
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4. That parliament, from the first, had passed laws for regulating the foreign trade of the colonies, among which were the following-
The celebrated Navigation Act of 12 Charles 2d, chap. 18. It provided, that no merchandize should be imported into, or exported from, the colonies, but in vessels belonging to British subjects, living either in England or the plantations.
Act 15, Charles 2d, chap. 7. According to this act, no product or manufacture of Europe, could be brought into the colonies, excepting such as had been shipped in England, on board English built ships.
Act 7 and 8, William and Mary, chap. 22d, requir- ing seamen, in vessels owned by British subjects, living either in England or the colonies, to pay annually out of their wages, a tax for the support of Greenwich Hos- pital, in England.
Act 6, George 2d, chap. 13, providing, that rum, the produce or manufacture of any colony, not belong- ing to Great Britain, when brought into any of the American colonies, should pay a tax of 9 pence, and molasses 6 pence a gallon, and sugar 5 shillings a hun- dred.
5. That laws had been passed at various times, for regulating the internal trade and domestic concerns of the colonies. Their wool and woollen manufactures were
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not to be exported. Their furs were to be sent to England for a market. Hats were not to be carried from one plantation to another for sale-and no hatter in America was to have more than two apprentices .* By an act of 23, George 2d, chap. 29, the colonists were prohibited, under a penalty of £200 sterling, from erecting any rolling or slitting mill, or any plating forge to work with a tilt hammer; and all such as liad been erected were to be abated as nuisances.t In the 9 of Queen Ann, a post office was established and a tax im- posed on letters carried by mail.
On our side, it was in the end, generally contended, that parliament had no rightful legislative authority over the colonies whatever.
Our ancestors, when they came here, were by char- acter, entitled to all the liberties and immunities of free and natural subjects of Great Britain. They had not by coming to this country, forfeited any of these rights, but were, and their descendants were, entitled to enjoy all such of them, as were applicable to their circum- stances and condition here. English liberty was found- ed on the right of the people to participate in their leg- islative councils ; and as the colonies were not, and from their local situation could not be, represented in
* The elder President Adams says, that James Otis, in his celebrated argu- ment against writs of assistance, in 1760, alternately laughed and raged against these ' mincing laws.' A member of parliament, he said, had declared, that a hob nail should not be made in America. Another had moved, that the Americans should be compelled to bring their horses to England to be shod. This last was a man of sense, and meant by this admirable irony, to ridicule the whole selfish, partial, and contracted system of parliamentary regulations in America.
t At the time this law passed, there were only 4 of these prohibited manu- factories in the Province-2 in Middleborough, 1 in Hanover, and 1 in Milton.
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parliament, they had the sole and exclusive right of making laws for their own government, in all cases whatever, subject only to the king's negative, in the way provided for by the charter of William and Mary.
The allegiance of the colonies was due, not to the parliament, but to the person of the king, because he was entitled to the crown ; and because they had bound themselves in allegiance to him in that capacity.
Such of the acts of trade as had been executed here derived their force, it was said, not from any inherent right in parliament to pass them, but from the assent of the colonies. After the acts of 12 and 15 of Charles 2d, had lain dormant for fifteen years, the Legislature passed a law requiring their observance. At the same time, they said, in a letter to their agent in London, they 'apprehended these acts were an invasion of the rights, liberties, and properties of the subjects of his majesty in the colony, they not being represented in par- liament. However, as his majesty had signified his pleasure, that these acts should be observed in Massa- chusetts, they had made provision by a law of the colony, that they should be strictly attended to, from time to time, although they greatly discouraged trade, and were a great damage to his majesty's plantation.'
The molasses and sugar act was a revenue measure, and as such was pronounced to be a violation of natural right-the English constitution, and all the charters and compacts with the colonies. For many years, it was entirely disregarded. When, finally, an order came for its strict execution, a greater alarm is said to have been produced than that occasioned by the taking of Fort William Henry, in 1757. So strong and determined
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was the opposition to this act, that James Otis, by a bold figure, which might now be thought exaggeration, declared, that if the king of England in person, was encamped on Boston common, at the head of 20,000 men, with all his navy on our coast, he would not be able to execute it.
As to the laws for regulating our internal policy, somc of them, as the hatter's act, and the act against rolling and slitting mills and forges, were never carried into effect. The post office law was submitted to, because found to be a useful regulation, only a few persons pay- ing the tax, and they deriving a benefit from it. Yet all, who considered the matter, believed it to be an usur- pation.
After the peace of 1763, parliament, in pursuance of a plan for new modeling the colonial governments, re- solved to assert, and not only assert, but to maintain her claim of supremacy over us, in all cases whatso- ever.
Accordingly, orders were issued to the custom house officers here, to execute strictly the various acts of trade. Parliament modified and made perpetual, the sugar and molasses act, and successively passed laws imposing duties on silks and calicoes-wines and coffee -stamped paper-paints, glass, and teas, with penal- ties recoverable in any admiralty or vice-admiralty court, without trial by jury. They authorised the sending of persons indicted for murder, to a neighboring colony or to England, for trial, if the homicide was committed in attempts to suppress a riot, or execute a revenue law. The province charter was altered, by increasing the number of counsellors from twenty-eight to thirty-six,
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and taking their appointment from the General Court and vesting it in the king. All town meetings, except the annual meeting in March, for the choice of town offi- cers, were forbidden, without the written consent of the governor ; and grand and petty jurors, instead of being appointed by the towns, were to be returned by the sheriff.
These and other oppressive measures of Parliament, it was clearly perceived, would if submitted to, plunge us at once, into what Mr. Burke called a perfect un- - compensated slavery, by joining together the restraints of an universal internal and external monopoly, with an universal internal and external taxation. They were therefore firmly resisted. The officers charged with the execution of the Stamp Act were compelled to resign. Voluntary associations were entered into, throughout the Province, not to import or use any foreign merchandise subject to a tax.
The teas sent to Boston by the East-India Company, were taken by force out of the vessels in which they were imported, and thrown into the dock. Many of the Counsellors appointed by the King were compelled to decline *- and the courts of justice generally, were prevented by public opinion, expressed in a way not to
* The writer is informed by an aged uncle of his, lately deceased-that in September, 1774, he and many others from Abington went on an expedition to Marshfield. The object of the party, consisting of seven or eight hundred persons from various parts of the country, was to compel Nathaniel Ray Thomas, Esq., one of the Mandamus Counsellors, to decline his appointment. His house was searched, but the bird had flown. In anticipation of this visit, he had the day before made his escape to Boston. His wife and other members of his family were required to certify his absence under oath, administered by Judge Turner, of Pembroke.
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be disregarded, from sitting and carrying into effect the obnoxious acts of Parliament.
Finding that all their arguments, complaints, peti- tions, remonstrances and threatenings were waste water in England-that there was no middle course, between unlimited submission to the will of the mother country and a total independence of her claims, the colonists declared, and after a seven years war compelled Great Britain to acknowledge, their independence.
The part taken in the contest by the people of Abing- ton, as will be seen by the following account, was hon- orable to their zeal, firmness and patriotism. A few indeed there were, who were lukewarm in the cause, from an apprehension, that the power of Great Britain was too great and overwhelming to admit the hope of a successful resistance. It is indeed wonderful, there were not more of this description. In general, however, and almost universally, they were ready and willing to meet the dangers and responsibility of the crisis, and make the sacrifices it demanded. With the country, they resolved to break the yoke which was attempted to be fastened upon them, or perish in the attempt.
March 19, 1770. The following spirited resolves* were adopted by the town unanimously.
1st. Voted, As the opinion of this town that all Na-
* The Committee who reported the resolves were Daniel Noyes, Samuel Pool, Aaron Hobart, David Jones, jr., James Hersey, Joseph Greenleaf, and Thomas Wilkes. These resolves were published in the Boston Gazette. In the margin of a paper containing them in the library of the Massachusetts Historical Society, there is the following note. ' Noble resolves and all war- ranted by the English Constitution, drawn by Joseph Greenleaf, Esq.' Green- leaf lived in Abington about twenty years. A little before the commencement of the Revolutionary War, he moved to Boston. His wife was sister to the late Judge R. T. Paine. A daughter of his married the late Rev. Mr. Weld, of Braintree.
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tions of men, who dwell upon the face of the whole earth, and cach individual of them naturally are free, and while in a state of nature have a right to do them- selves justice, when their natural rights are invaded.
2d. Voted, That mankind while in their natural state always had and now have a right to enter into com- pacts and form societies, and erect such kind of govern- ment as the majority of them shall judge most for the public good.
3d. Voted, That Great Britain had an undoubted right to erect a monarchical government or any other mode of government, had they thought proper, appoint a King and subject him to laws of their own ordaining ; and always had and now have, upon just occasions, a right to alter the Royal succession.
4th. Voted, That the right of sovereignty over the in- habitants of this province claimed by any former British King, or by his present majesty by succession, was derived to him by the recognition of the forefathers of this coun- try of his then majesty as their sovereign, upon the plan of the British constitution, who accordingly plighted his royal faith, that himself, his heirs and successors had, and would grant, establish and ordain, that all and every of his subjects, who should go to and inhabit this province and every of their children, who should hap- pen to be born here or on the sea in going hither or in returning from thence, should have and enjoy all liber- ties and immunities of free and natural subjects within any of their dominions, to all intents, construction and purposes whatsoever, as if they and every of them were born in the realm of England.
5th. Voted, That the late acts of the Parliament of
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Great Britain imposing duties on American subjects, for the sole purpose of raising a revenue, are an in- fringement of our natural and constitutional liberty, and contrary to the spirit and letter of the above mentioned royal grant, ordination and establishment, of having and enjoying all the liberties and immunities of free and natural born subjects.
6th. Voted, That no acts passed in either the par- liaments of France, Spain or England, for the aforesaid purpose of raising a revenue, are binding on us, and that the obedience due from us to his present majesty is no other in kind or degree, than such as he has a constitu- tional right to, from our fellow subjects in Great Britain.
7th. Voted, That therefore, the abovementioned acts are in themselves a mere nullity, and that he who, vi et armis, seizes the property of an American subject for not paying the duties imposed on him by said acts, ought to be deemed no better than a highwayman, and should be proceeded against in due course of law.
8th. Voted, That the sending of troops (may they not more properly be called murderers) to Boston by Lord Hillsborough, at the request of Gov. Bernard, to aid and protect the Commissioners of the Customs in levying the taxes imposed on us by said acts, amounts to an open declaration of war against the liberties of America, and an unjust invasion of them; and as we are refused any legal redress of grievances, we are in this instance reduced to a state of nature, whereby our natural right of opposing force is again devolved upon us.
9th. Voted, That the agreement of the merchants and traders of Boston, relative to the non-importation, has a
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natural and righteous tendency to frustrate the schemes of the enemies of the Constitution, and to render inef- fectual the said unconstitutional and unrighteous acts ; and is a superlative instance of self-denial and public virtue, which we hope will be handed down to pos- terity, even to the latest generation, to their immortal honor.
10th. Voted, That those persons, who have always persisted in the scheme of importation, and those also, who have acceded to the agreement of non-importa- tion and have violated their promises, and as it were stolen their own goods and sold them to purchase chains and fetters, ought to be by us held in the utmost con- tempt, and that we will have no sort of commercial connexion with them, or any that deal with them; and their names shall stand recorded in the town books and be posted up in all public places in town, as enemies of their country.
11th. Voted, That we are in duty bound not to use or consume any articles from Great Britain, subject to duties on the foregoing plan ; and that we will not knowingly purchase, of any person whatever, any such articles until said acts are repealed ; neither will we use or suffer willingly to be used in our families any bohea tea, cases of sickness only excepted.
12th. Voted, That a respectful letter of thanks be addressed to the merchants and traders of the town of Boston, for the noble and disinterested and very expen- · sive opposition made by them to the late attempts to en- slave America ; and whereas it appears probable to us, that the goods of the infamous importers, both in this
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and the neighboring governments, are vended among us by pedlers, therefore,
13th. Voted, That we will not purchase any thing of them, or suffer any person under us to trade with them, but that we will as much as in us lies, discourage them and endeavour to have the law executed against them, and all such innholders as entertain them contrary to the law.
14th. Voted, That a committee be chosen to en- quire, who among us act contrary to the foregoing votes, and return their names to the town clerk, to be entered in the town books, and published in Messrs. Edes's and Gill's paper, as persons confederating with the import- ers to ruin their country ; and whereas the ears of our earthly sovereign, by the intervention of his wicked min- isters, are rendered deaf to the cries of his oppressed American subjects, and as we apprehend we have a righteous cause, and as we are assured that the ears of the King of Kings are always opened to the cries of the oppressed, therefore,
15th. Voted, That we will unitedly petition the throne of grace for protection, against encroaching pow- er, whereby our civil liberties are so violently attacked, and our religious liberties endangered ; and that Thurs- day, the 3d day of May next, be set apart by this town for said purpose ; and that the Selectmen be a commit- tee to wait upon our Rev. Pastor, desiring him to lead in the exercises of the day, and that by an advertise- ment, they invite the neighboring towns to join with us in similar exercises, on said day.
16th. Voted, That the foregoing votes be recorded, and a copy thereof be forthwith transmitted to the com-
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mittee of inspection in Boston, together with our letter of thanks to the merchants and traders there.'
11th January, 1773. The town accepted the report of a committee appointed to draft an answer to a com- munication from the town of Boston. The following is an extract from the report. 'We view ourselves un- der indispensable obligations to give our testimony against all those arbitrary measures and despotic inno- vations, lately taken place in the Province, viz. such as the appointment of a Board of Commissioners, invested with such exorbitant power, to force from us our prop- erty without our consent, for the purpose of raising a revenue. The extension of the admiralty courts be- yond all rational limits. The quartering a standing army of regular troops in our metropolis, over whom our Governor declared he had no control, without the consent and in opposition to the remonstrances of the people, which has been the unhappy occasion of blood-shed and murder. The making our Governor (and as we hear the Judges of the Superior Court and others) independent of the grants of the people, and the restraining of his Majesty's Council from meeting upon matters of public concern, unless called by the Gov- ernor.'
At the same time, a committee of safety and corres- pondence was chosen, consisting of Mr. David Jenkins, Capt. Daniel Noyes, Lieut. Nathaniel Pratt, Dr. Da- vid Jones, Capt. Edward Cobb, Capt. William Reed, jr. and Mr. Thomas Wilkes .*
In 1776, the committee were, Dea. Samuel Pool, Mr. Daniel Lane, Mr. Micah Hunt, Mr. Joseph Richards, Lieut. Samuel Brown,"Mr. James Hersey, Mr. Thomas Reed, Capt John Harden and Mr. Thomas Wilkes.
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18th January, 1774. The town accepted the fol- lowing report of their committee.
The committee of correspondence of Abington having received an address, together with the votes of the townl of Boston, at their several meetings relative to the late act of Parliament, granting license to the East India Company to export their teas into the American colo- nies for sale, subject to a duty to be paid by us, for the sole purpose of raising a revenue for the support of government-the address and votes before mentioned being presented and read to the town, at a legal meet- ing called for that purpose, January 18, 1774, after due consideration and debate thereon, the inhabitants came into the following Resolves.
1. That it is the opinion of this town, that the East India Company's tea being sent here (or any other commodity whatever) for sale, subject to a duty to be paid by us, for the sole purpose of raising a reve- nue for the support of government, is a new and uncon- stitutional innovation, and is greatly injurious to the just rights of America.
2. That such measures continued and persisted in, will have a direct tendency to alienate the affections of Americans from their parent state, and will be the most likely method to dissolve their union, and finally break and destroy the British empire.
3. That it is the duty of every individual in the com- munity as a christian, and a good and loyal subject to his King, and as a freeman, to use all lawful endeavors to oppose such measures.
4. That all the contrivers, promoters and abettors of such schemes ought, by all men, to be avoided as being
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at heart inimical to their country and treated as those, who have a premeditated design against the national interest.
5. That it is the firm resolution of this town closely and strictly to adhere to their rights and privileges, and as far as in their power lies, to frustrate the designs of their enemies, who attack them. And to that end, we resolve carefully to avoid purchasing, expending or im- proving any of the said East India Company's tea, or any other commodity whatever, brought to America by them, or any person or party whatsoever, on such an injurious and insiduous plan.
6. That it is the united determination of this town, as good and loyal subjects, to yield all that obedience to our rightful sovereign, the king, which the gospel requires ; and as a means conducive to that end, to stand by, maintain and uphold the good and wholesome laws of the land, by which we are governed, in opposi- tion to all those arbitrary, tyrannical, and oppressive measures lately entered into, which so shamefully eclipse the glory of the British crown, and in a very awful manner destroy the peace, happiness and tranquillity of the nation-humbly relying on the God of Providence, who governs all events in the natural and moral world, for safety and protection.
September 30, 1774. The town voted, 'That none of the inhabitants should afford the (British) troops any aid or assistance, by labor, timber, or any other materi- als, that might be requisite to enable them to fortify against us, or build barracks for their conveniency and shelter.'
November 14, 1774. ' Voted an acceptance of (the
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doings) of the county Congress, held September 26th and 27th last past.'*
May 27, 1776. The General Court having, by an order, called on the several towns to express an opinion and give their representatives instructions on the sub- ject of independence, the town directed their represen- tative to vote for that measure, and pledged themselves in support of it, ' to stand by the united colonies with their lives and fortunes.'
MILITARY AFFAIRS.
July 24, 1776. A bounty of £5 10s. was voted by the town, to each man that should enlist into the expe- dition to New York ; and 29th, a similar bounty to such as enlisted into the expedition against Canada.
The Continental Congress, 16th September, 1776, resolved to raise by enlistment, 88 battalionst of troops, to serve during the war. Of these, 15 were to be raised by Massachusetts. The proportion of Abington was 46 men. To encourage enlistments, the town, 3d March, 1777, voted to each soldier a bounty of £24, in addition to the state and continental pay. From the records in the secretary's office, at Boston, it appears, that the whole number required were raised. 11 be- longed to Abington, and 35 to other places.
February 26, 1778. The States were required to fill up their respective battalions, by enlistments for 9 months. The quota of Abington, 8 men, were procur-
* See Appendix C.
+ Under a new organization of the army, that took effect 1st January, 1781 these battalions were changed into regiments.
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ed for the town by a committee, consisting of the mili- tia officers and others.
23d March, 1778. The town 'voted to provide shirts, shoes and stockings, for 46 men.'
26th June, 1780. Voted 'to raise £30,000, (in the paper money of the day,*) to hire soldiers for six months, to join Gen. Washington's army,' in compliance with a resolve of the General Court of 5th of June previous. The committee chosen to procure the men, were em- powered to agree to pay them ' in paper money or silver money, or produce.' Abington enlisted 14 men under this resolve.
11th October, 1780. Voted to raise 'one hundred thousand pounds, to pay soldiers, and purchase beef to supply the continental army.'
2d December, 1780, the town was required to raise 16 men, to serve 3 years, or during the war. The fol- lowing extract from the selectmen's return, dated 21st January, 1782, shows a compliance with the order .- ' The town, immediately upon receiving the orders for raising them, assembled in legal town meeting, and vo- ted, as an encouragement to said men, that they should be paid one hundred dollars upon their passing muster; and that, in addition to the state wages, they should be paid three pounds by the town, for every month they - should serve. Accordingly, they have paid the hundred dollars down to each man, and now stand obligated to said soldiers for the fulfilment of their agreement with them.' The names of the persons enlisted are subjoin- ed to the return. To raise them, the inhabitants were divided into 16 classes. Each class procured one man,
* See Appendix D
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and raised the money to pay his bounty and wages, which the town afterwards reimbursed.
January 18, 1781. Voted ' to raise eighteen hundred dollars, in silver or gold, for a bounty or advance pay for our continental soldiers, that shall be procured for three years, or during the war.' 14th February follow- ing, it was voted to assess the above sum immediately, to be paid in by 1st May.
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