USA > Massachusetts > Worcester County > Worcester > History of Worcester, Massachusetts, from its earliest settlement to September, 1836 : with various notices relating to the history of Worcester County > Part 9
USA > Massachusetts > Worcester County > Worcester > History of Worcester, Massachusetts, from its earliest settlement to September, 1836 : with various notices relating to the history of Worcester County > Part 9
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41
1 Brigadier Ruggles alone opposed the passage of these resolutions. His reasons for dissenting were offered in writing, but it was voted that they should not be entered on the journal. His objections to the encouragement of manufactures were these :
1. Because in all countries manufacturés are set up at the expense of husbandry, or other general employment of the people, and if they have not peculiar advantages over husbandry, they will by discouraging the latter, have an injurious effect.
2. That manufactures here must encounter insurmountable obstacles from the thin population and high price of labor : and would be detrimental, by taking hands away from agriculture and the fisheries.
Other objections were deduced from the colonial relation of the province and the mother country, and the injury which might result to the interests of England.
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COVENANT.
1768.]
whether the town would buy any British manufactures more than they could pay for, and it passed in the affirmative.'1
The sentiments of the inhabitants are more easily deduced from subsequent events, than understood from the concluding expressions of the record. The town clerk, a gentleman of strong royalist at- tachments, was not probably desirous of correcting any absurdity in the motions of his political adversaries.
Soon after this meeting, the patriotic party procured the subscrip- tions of many of the inhabitants to the following paper.
' Whereas the honorable House of Representatives of this prov- ince, on the 26th day of February last, did declare, that the happiness and well being of civil communities depend upon industry, econ- omy, and good morals, and taking into serious consideration the great decay of trade, the scarcity of money, the heavy debt contrac- ted in the late war, which still remains on the people, and the great difficulties to which they are by these means reduced, did resolve, to use their utmost endeavors, and enforce their endeavors by example, in suppressing extravagance, idleness, and vice, and promoting indus- try, economy, and good morals : and in order to prevent the unneces- sary exportation of money, of which the province hath, of late, been drained, did further resolve, that they would, by all prudent means, endeavor to discountenance the use of foreign superfluities, and en- courage the manufactures of this province ; and whereas, the Par- liament of Great Britain has passed an act imposing duties on sun- dry articles for the purpose of raising a revenue on America, which is unconstitutional, and an infringement of our just rights and privi- leges ; and the merchants of this province have generally come into an agreement not to import goods from Great Britain, a few articles excepted, till that act is repealed ; which in our opinion is a lawful and prudent measure : therefore, we the subscribers, do solemnly promise and engage, each with the other, to give all possible encour- agement to our own manufactures : to avoid paying the tax imposed by said act, by not buying any European commodity, but what is ab- solutely necessary ; that we will not, at funerals, use any gloves, ex-
I One of the earliest woollen manufactories of Massachusetts is thus noticed in the Bos- ton Evening Post, October 10, 1768.
' We hear from Brookfield, that Mr. Joshua Upham of that town, a gentleman in the law, and his two brothers, with a number of other gentlemen, have lately erected a building 50 feet in length and two stories high, for a manufactory house, and are eolleel- ing tradesmen of several sorts for the woollen manufactory, and they propose to keep a large number of looms constantly at work.'
10
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TEA. [1768.
cept those made here, or purchase any article of mourning, on such occasion, but what shall be absolutely necessary ; and we consent to abandon the use, so far as may be, not only of all the articles men- tioned in the Boston resolves, but of all foreign teas, which are clearly superfluous, our own fields abounding in herbs more healthful, and which we doubt not, may, by use, be found agreeable : we fur- ther promise and engage, that we will not purchase any goods of any persons, who preferring their own interest to that of the public, shall import merchandize from Great Britain, until a general importation takes place ; or of any trader who purchases his goods of such im- porter : and that we will hold no intercourse, or connexion, or cor- respondence, with any person who shall purchase goods of such im- porter or retailer ; and we will hold him dishonored, an enemy to the liberties of his country and infamous, who shall break this agree- ment.'
The execution of resolutions against tea, required the aid of those to whose care the fragrant herb was entrusted in the household. A fe- male convention assembled in Boston, and agreed to discontinue the use of the taxed leaf and substitute a native shrub,1 an inhabitant of our meadows. In imitation of this example, a meeting was held here by the patriotic ladies, who cordially concurred with the good resolu- tions of their sisters of the metropolis. The royalists, who loved their tea and their king, and were equally averse to the desertion of the social urn or the sovereign, had influence enough to convene another assembly, and procure the reconsideration of its approbation of the American plant, and a renewal of allegiance to the exotic of India.
A paragraph in the Boston Evening Post, alludes to the doings of the fair partizans.
' Worcester, Nov. 11, 1768. We hear that the ladies have dis- covered the most malignant quality in the Labrador tea, which, by vote of the daughters of liberty, within the metropolis, was substi- tuted, to be used in the room of the Indian shrub, called Bohea : that they find it to be of so debilitating a quality, and that it pro- duces such a total frigidity in their warmest friends of the other sex, that at a later convention, to deliberate on matters of the great- est consequence, it was agreed, by a majority greater than that of 92 to 17,2 to rescind their former vote in favor of the detested plant,
1 Ledum Palustre, Labrador Tea.
2 Alluding to the vote on the question of rescinding the resolutions of the House of Representatives.
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RESOLUTIONS.
1773.]
as being clearly unconstitutional, and tending directly to rob us of our dearest privileges and deprive us of our most sacred and invalu- able rights.'
As the nonconsumption agreement prevented the sale by the mer- chants of the obnoxious article, the gardens and fields were laid under contributions to supply the table urn. The cup was filled with odoriferous infusions of Mint and Sage, and those who ven- tured to acknowledge the abstract right of taxation, by the use of tea, indulged in the luxury, as if they were committing crime, with the utmost secresy, drawing bolt and bar, and closing every crevice which might betray the fragrance of the proscribed beverage.
From this period to 1773, no doings of the inhabitants in their corporate capacity, mark the progress of the spirit of independence. The influence of the royalists prevented public expression of the high toned patriotism radiated from the metropolis to every village, and growing day by day more fervid and intense.
A petition of Othniel Taylor and forty others, called the attention of the town, at the annual meeting in March, 1773, to the grievan- ces under which the province labored. After debate, the celebra- ted Boston Pamphlet was read. A committee was appointed 1 to consider its contents, who presented an elaborate report at the ad- journment in May following. Going back to the foundation of civil society, they deduce the principles, that mankind are by nature free, and that the end and design of forming the social compact was, that each member of the state might enjoy liberty and property, and the unrestrained exercise of civil and religious rights. Tracing the his- tory of the pilgrims, they derive illustrations of the sacredness of the charter, plighted by royal faith. Appealing to the long series of services rendered by the province as testimonials of fidelity, they declare, ' the fond affection that ever has subsisted in our hearts for Great Britain and its sovereign, has ever induced us, to esteem it above any other country, and as fond children speak of a father's house we have ever called it our home, and always [have been ready to] rejoice, when they rejoiced, to weep when they have wept, and whenever required, to bleed when they have bled ; and in return, we are sorry to say, we have had our harbors filled with ships of war, in a hostile manner, and troops posted in our metropolis, in a time of profound peace : not only posted [in a manner ] greatly insulting, but actually slaughtering the inhabitants : cannon levelled against our
1 William Young, David Bancroft, Samuel Curtis, Timothy Bigelow, Stephen Salis- bury.
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POLITICAL SOCIETY. [1773.
senate house, the fortress or key of the province taken from us : and as an addition to our distress, the commander in chief of the province [has declared] he had not power to control the troops, &c. Nev- ertheless we are ready and willing to stand forth in defence of the king of Great Britain, his crown and dignity, and our noble con- stitution, and, when called to it, risk our lives; and in that day let him that hath no sword, sell his garment and buy one.'
It was recommended ' that there be a committee of correspon- dence chosen, to correspond with the committees of correspondence in the other towns in this province, to give the earliest intelligence to the inhabitants of this town, of any designs that they shall discov- er, at any time, against our natural and constitutional rights.'
The recommendations of the report were adopted, and William Young, Timothy Bigelow, and John Smith, were elected a commit- tee of correspondence.
The spirit of discontent, repressed in public, was actively working in the minds of men, and the doctrine of resistance, branded by one party as the theory of treason, preparing the way for events the brightest of history. In the peculiar situation of the town, an efficient and firm union among the friends of freedom was necessary. On the 27th of December, 1773, the leading whigs assembled, and formed a Society, which became a powerful instrument of revolutionary ac- tion, directing the proceedings of the town, and extending a control- ling influence to some of its neighbors. Its organization and doings, illustrative of the feeling of the times and the mode of political oper- ation, are worthy of extended notice.
The constitution and rules of proceeding, reported by Nathan Baldwin, Samuel Curtis and Timothy Bigelow, exhibit the purposes of the association. The former recites, ' that at the then present time the good people of the county, and with respect to some particular circumstances, the town of Worcester especially, labor under many impositions and burdens grievous to be borne, which, it is appre- hended, could never have been imposed upon us had we been united and opposed the machinations of some designing persons in this province, who are grasping at power and the property of their neigh- bors : for preventing these evils and better securing liberty and prop- erty, and counteracting the designs of enemies, the associates incor- porate themselves into a society, by the name of The American Polit- ical Society, to meet at some public house, at least once in every oth- er month, to advise with each other on proper methods to be pur- sued respecting common rights and liberties, civil and religious.'
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POLITICAL SOCIETY.
1773.]
The members covenanted, that no discourse or transaction in any of the meetings should be communicated to any person without common consent ; that they would avoid all lawsuits as much as possible, and particularly with each other : and if differences should arise between members, which they were unable to adjust, they should be referred to the determination of the society ; that each would, as he had opportu- nity, promote the interest of the other, in all honest ways, within his power, without injury to himself; and that each member would give information in the meetings of any infringement of the common rights of mankind which might come to his knowledge. Penalties were established for absence, provision made for regular monthly meet- ings, the elections, admissions, and order of debate, usual in sim- ilar associations. It is expressed, 'that each particular member, reposing special trust and confidence in every other member of the society, looks upon himself bound, and does bind himself, by the ties of honor, virtue, truth, sincerity, and every appellation dear to him in this life, faithfully and truly to keep and perform its articles.' Thir- ty one persons were original subscribers, and thirty two others were, from time to time, admitted, making the whole number of members during the two years of its existence sixty three.
The objects of the society, as expressed in its constitution, were extensive. The associates, practically, limited their views to the cir- cle of their own corporation, and instead of proceeding in the task of reforming the world, confined their exertions to secure the rights of that portion of mankind in their own neighborhood. They erect- ed themselves into a supreme authority, not only assuming advisory superintendence of local concerns, but claiming to direct in abso- lute terms. Sessions were held previous to the meetings of the in- habitants, and votes passed, afterwards confirmed by the town. To show how important was their agency, it will be necessary to antici- pate the regular progress of the narrative, to examine their records.
The first debate, Feb. 4, 1774, was had on the impropriety of choos- ing any person to office, who was not an open and professed friend to constitutional liberty. Feb. 25, the business of the society was, to agree on a plan of proceedings for March meeting. In April, it was voted ' that the chairman of the committee of correspondence, be directed to send circular letters to the committees of correspondence in the several towns in the county, advising them that the votes for Coun- ty Treasurer had not been counted by the Court of Sessions of the Peace, as had been usual, and of the danger consequent thereon, that the whole people of the county may be on their guard against fraud
78
CHIEF JUSTICE OLIVER. [1774.
and deception.' A committee was appointed to prepare instructions for the representative to be chosen in May following.
Among the boldest of its acts, was its instruction to the Grand Jurors, to refuse being sworn if Judge Oliver was present at the Superior Court in April.
The act of parliament for raising revenues, by taxation of the colo- nies, authorized appropriations from them, for the salaries of the judges of the Superior Court, rendering the judicial officers dependants of the crown. The Governor had refused his assent to legislative grants for their support, and the Representatives remonstrated with spirit, against the invasion of charter rights. After ineffectual ne- gociations with Mr. Hutchinson, the inflexible assertor of royal pre- rogative, at the termination of the first session of 1973, it was resol- ved ' that any of the judges, who, while they hold their offices during pleasure, shall accept support from the crown, independent of the grants of the General Court, will discover, that he is an enemy to the constitution, and has it in his heart to promote the establishment of arbitrary government.' In Feb. 1774, four of the judges, Trowbridge, Hutchinson, Ropes, and Cushing, on the appeal being made by the Assembly, replied that they had received no part of the allowance from the king; which was deemed satisfactory. Chief Justice Oli- ver alone, dared to brave popular sentiment, and answered that he had accepted his Majesty's bounty, and could not refuse it in future, without royal permission. The concentrated weight of indignation fell upon him. The House immediately voted that he had rendered himself obnoxious to the people as an enemy of the constitution. A petition was presented for his removal, and articles of impeachment for high crimes and misdemeanors exhibited, which the Governor re- fused to countenance.
Such was the relation of Peter Oliver to the people, when the term of the Superior Court for the county of Worcester drew near. The political society, as guardians of popular rights, took the subject in- to consideration. After much treasonable debate, as the expression of opinions which would have endangered life, might be termed by those who could have claimed its forfeiture, the determination was expressed in the following vote, unanimously adopted, April 4.
' This society will each one bear and pay their equal part of the fine and charges that may be laid on Messrs. Joshua Bigelow and Timothy Bigelow, for their refusal to be empanneled upon the Grand Jury at our next Superior Court of Assize, for the county of Wor- cester, if they shall be chosen into that office, and their refusal is
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GRAND JURY'S ADDRESS.
1774.]
founded upon the principle, that they cannot, consistently with good conscience and order, serve, if Peter Oliver, Esq. is present on the bench as chief justice, or judge of said court, before he is lawfully tried and acquitted from the high crimes and charges for which he now stands impeached by the honorable House of Representatives, and the major part of the grand jurors for the whole county, join them in refusing to serve for the reasons aforesaid.'
So little apprehension was entertained of the concurrence of their fellows, or of the return of the two gentlemen named, that they were provided with a remonstrance for presentation to the court. The exact circumstances, modestly designated as contingent and condi- tional, were made certain by the influence and exertions of the socie- ty. Messrs. Joshua Bigelow and Timothy Bigelow were chosen, and the majority of the jurors did join with them, at the opening of the court in offering this paper, April 19, 1774.
" To the honorable, his majesty's justices of the Superior Court of Judicature now sitting at Worcester, in and for said county.
We, the subscribers, being returned by our respective towns to serve as jurors of inquest for this court, beg leave humbly to inform your honors, that it is agreeable to the sense of those we represent, that we should not empannel, or be sworn into this important office, provided Peter Oliver, Esq. sits as chief justice of this court ; and we would further add, that our own sentiments coincide perfectly with those of our constituents respecting this matter ; so, to what- ever inconvenience we expose ourselves, we are firmly resolved not to empannel, unless we are first assured that the above gentleman will not act as a judge in this court, for the following reasons :
1. Because the honorable House of Commons of this province, at their last session, among other things, resolved, that Peter Oliver, Esq. hath, by his conduct, rendered himself totally disqualified any longer to hold and act in the office of a justice of this court, and ought, forthwith, to be removed therefrom.
2. Because the House of Commons, in their said session, did im- peach the said Peter Oliver, Esq. of high crimes and misdemeanors ; the particulars of which impeachment, we apprehend, are known to your honors, which will excuse us from reciting them at large; to which impeachment the said Peter Oliver, Esq. hath not been yet brought to answer ; and therefore, we apprehend, that the veniri bearing test, Peter Oliver, Esq. is illegal.
But, if we should be mistaken, nevertheless, we remonstrate and
80
CHIEF JUSTICE OLIVER.
[1774.
protest, against the said Peter Oliver, Esq., acting as judge on any of the bills we may find at this session, unless he is constitutionally acquitted of said impeachment : becanse, we apprehend it would be highly injurious, to subject a fellow countryman to trial at a bar, where one of the judges is not only disqualified as aforesaid, but, by his own confession, stands convicted, in the minds of the people, of a crime more heinous, in all probability, than any that might come before him. These, with other reasons, that might be offered, we hope your honors will esteem sufficient to justify us for presenting the foregoing remonstrance.'
Joshua Bigelow, John Fuller, William Henshaw,
Thomas Robinson,
John Tyler, Nathaniel Carriel,
Phinehas Heywood,
Daniel Clapp, Moses Livermore,
Nathan Walker,
Silas Bayley, Timothy Bigelow,
Ephraim Doolittle,
John Sherman, William Campbell.
After consultation, this paper was received by the court, and pub- licly read by the clerk. One of the judges then informed the ju- rors, that it was altogether improbable that the Chief Justice would attend to take his seat :1 and being assured that the sheriff had, as
1 Judge Oliver, in a letter to Gov. Hutchinson, May 15, 1774, published in Edes' Ga- zette, Sept. 18, 1775, expresses his anger at the conduct of his associates of the bench in strong terms.
' As to the affair of the Grand Jury's libel at Worcester court, I did not know of their conduct until I saw it in the newspapers; and had any of my brethren been charged in so infamous a manner, 1 would forever have quitted the bench, rather than have suffered such indignity to them to have passed unnoticed. How it is possible to let a brother judge, a friend, or even a brute, be treated in so ignominious a manner, I have no con- ception in my ideas of humanity. But so it is: and if the Supreme Court is content with such rudeness, inferior jurisdictions are to be exculpated in suffering the cominon- wealth to be destroyed.'
Oliver sought consolation under popular odium, from the sympathy of the representa- tive of the king, without communicating to his associates the indignation breathing in his letter. The existence of this document seems to have remained unknown to his judicial brethren, long after the publication. Judge Trowbridge, in a letter to the late Levi Lin- coln, Dee. 27, 1780, says, ' this letter was wrote by Chief Justice Oliver, as I suppose, lo the governor, at the castle ; and the court referred to, must be the Superior Court at Worcester, on the third Tuesday of September, 1773; for the chief justice was not at that court. I don't know that I ever saw what he calls the libel. I can't find it in Edes & Gill's Gazette printed that year, and therefore conclude it was published in the Spy, soon after the court. I hear Mr. Thomas lives in Worcester, and suppose he has those papers by him. If you would be kind enough to know of him, if he printed the account of the proceeding which, I suppose, the judge calls a libel, and favor me with a copy thereof, you will much oblige me.
' I was at Judge Oliver's house, on May 15, 1774, (the day of the date of his letter) : but he never said a word to me about that matter, as I remember; which I think he might have done, before he wrote that letter to the governor.'
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POLITICAL SOCIETY.
1774.]
usual, been a number of miles out of town, in order to meet and escort him to his lodgings, and had returned without him, the jurors retired to determine what course to pursue. On considering the personal and public inconvenience resulting from their refusal to proceed to business, and finding no sacrifice of principle from com- pliance, they returned, were sworn, and received the charge.
It is said to have been resolved by the Society, that they would rescue the jurors by force, if they should be committed for contempt, in presenting the chief justice to the court as a criminal. No writ- ten evidence of such purpose can be supposed to exist, and the re- moval of the difficulty, threatening interruption of the administration of justice, fortunately prevented more solemn testimony from being furnished.
At the monthly meeting in June, it "," . oted to sign a covenant, not to purchase any English goods, until the port of Boston was opened, and to discontinue intercourse with those declining to sub- scribe. A committee was appointed to prepare an instrument for this purpose, and obtain the signatures of the citizens, and to draft a similar agreement to be signed by the women.
In August, it was voted, ' that Nathan Perry be moderator of our next town meeting, if he should be chosen : in case he should refuse, then Josiah Pierce shall preside.'
The selectmen were directed, forthwith, to examine the town's stock of ammunition, and ascertain its quality and quantity.
A committee was chosen to present to the inhabitants an obliga- tion to be completely armed, and to enforce its execution.
Sept. 5. A committee was commissioned ' to inspect the tories going to and coming from Lancaster, or any other way,' and it was subsequently entered of record, that it was contrary to the mind of the society that the tories should vote in town meeting.
Oct. 3. The instructions to be reported at the next town meet- ing for the representatives in the Provincial Congress and General Court, were read, paragraph by paragraph, and accepted.
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