USA > Massachusetts > Middlesex County > Concord > History of the town of Concord, Middlesex County, Massachusetts : from its earliest settlement to 1832; and of the adjoining towns, Bedford, Acton, Lincoln, and Carlisle; containing various notices of county and state history not before published. > Part 9
USA > Massachusetts > Middlesex County > Concord > History of the town of Concord, Middlesex County, Massachusetts : from its earliest settlement to 1832 : and of the adjoining towns, Bedford, Acton, Lincoln, and Carlisle > Part 9
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"2. That there may be the less temptation to others to con- tinue in the said now dangerous commerce, we do in like manner, solemnly covenant that we will not buy, purchase, or consume, or suffer any person by, for, or under us to buy, purchase, or con- ·sume, in any manner whatsoever, any goods, wares, or merchan- dise, which shall arrive in America from Great Britain from and after the last day of August next ensuing. And in order, as much as in us lies, to prevent our being interrupted and defeated in this only peaceable measure, entered into for the recovery and preservation of our rights, we agree to break off all trade, com- merce, and dealings whatsoever with all persons, who, preferring their own private interest to the salvation of their now perishing country, shall still continue to import goods from Great Britain, or shall purchase of those who shall import : arms, ammunition,. and medicines for the sick only excepted.
" 3. That such persons may not have it in their power to impose upon us by any pretence whatever, we further agree to purchase no article of merchandise from them, or any of them, who shall not have signed this, or a similar covenant, or will not produce an oath, certified by a magistrate, to be by them taken to the following purport ; viz. 'I, -of-, in the county of -, do solemn-
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ly swear, that the goods I have now on hand and propose for sale, have not, to the best of my knowledge, been imported from Great Britain into any part of America since the last of August, 1774 ; and that I will not, contrary to the spirit of an agreement entered into through this province, import, or purchase of any per- son so importing, any goods as aforesaid, until the port or harbour of Boston shall be opened, and we are restored to the freedom of our constitution and charter rights.'
"4. We agree that after this or a similar covenant has been offered to any persons, and they refuse to sign it or produce the oath aforesaid, we will consider them as contumacious importers, and withdraw all commercial connexion with them, so far as not to purchase any article whatever of merchandise imported from Great Britain.
" Provided nevertheless ; notwithstanding the obligations which we have laid ourselves under by the above instrument, should there be a congress of the provinces on the continent, or the major part of them, to consult and advise suitable measures to be taken in this difficult and alarming day, which is already be- gun by the late House of Representatives, and the example is likely to be followed by the neighbouring governments : - should said body, when convened, adopt measures, after deliberation, which they shall judge more salutary and safe for the whole community ; then what has been signed above we hereby reserve liberty to disannul, and make void this present covenant upon our acceptance thereof. As witness our hands this 24th of June 1774."
This covenant, copied partly from one sent from Boston, was scrupulously regarded. It may well be supposed, that where pro- ceedings like these were had, the attention of the people would be greatly awakened. If there were any "enemies of liberty," they might be easily detected. In a careful review of that period, however, I am astonished that so few arrayed themselves on the side of England in opposition to the wishes of the colonies. The whole town, excepting two or three individuals, was a united fami- ly of " sons of liberty." The excitement, or rather the opposi- tion to British oppression, gradually increased ; and its progress from the year 1773 was uncommonly rapid. Petitions having been presented in vain for a redress of their grievances, the people
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began seriously to think of asserting their rights by an appeal to arms, should other means to accomplish their object fail. Such a crisis seemed then to be approaching : for England had already · assumed a hostile attitude ; large numbers of soldiers and muni- tions of war had arrived in Boston ; and the people had every indication that they were to be compelled into submission by mili- tary force.
In July the " Act for the better regulation of the government of Massachusetts Bay " was received in Boston ; in conformity to which the Mandamus Council and many other officers were ap- pointed. This produced great excitement in the community, and evil consequences were anticipated. The people seemed determined not to submit to an act so unconstitutional and oppres- sive. During this commotion an individual went secretly to Cambridge, on the 1st of August, contrary to the unanimous wish of his fellow citizens, to inform some of the members of the Coun- cil of the state of public feeling, and to put them on their guard against an attack from the people, which he thought likely to take place.
In August frequent meetings were held in Concord to consult on the proper measures to be pursued in those gloomy times. A county convention was also recommended, and it was invited to meet here on the last of the month. This convention, consist- ing of 150 delegates, from every town in the county, held a ses- sion in Concord on the 30th and 31st of August. Messrs. Ephraim Wood, jr., John Flint, and Nathan Meriam were delegates from Concord ; Mr. Samuel Farrar, Capt. Abijah Pierce, and Capt. Eleazer Brooks, from Lincoln; Messrs. Francis Faulkner, John Hayward, and Ephraim Hapgood, from Acton ; Messrs. Stephen Davis, John Reed, John Moore, and John Webber, from Bedford ; and from other towns an able delegation. The Hon. James Prescott of Groton was chairman, and Mr. Ebenezer Bridge,. clerk. The objects of the convention were brought forward, and discussed with great energy, talent, and most ardent patriotism ; and a committee of nine were chosen to take them into conside- ration. They reported as follows:
" It is evident to every attentive mind, that this Province is in a very dangerous and alarming situation. We are obliged to say, however painful it may be to us, that the question now is,
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whether, by a submission to some late Acts of the Parliament of Great Britain, we are contented to be the most abject slaves, and entail that slavery on posterity after us, or, by a manly, joint, and virtuous opposition, assert and support our freedom. There is a mode of conduct, which, in our very critical circumstances, we would wish to adopt, - a conduct, on the- one hand, never tamely submissive to tyranny and oppression, on the other, never degenerating into rage, passion, and confusion. This is a spirit which we revere, as we find it exhibited in former ages, and which will command applause to the latest posterity. The late Acts of Parliament pervade the whole system of jurisprudence, by which means we think the fountains of justice are fatally cor- rupted. Our defence must therefore be immediate in proportion to the suddenness of the attack, and vigorous in proportion to the danger. "We must Now exert ourselves, or all those efforts, which for ten years past have brightened the annals of this coun- try, will be totally frustrated. LIFE and DEATH, or what is more, FREEDOM and SLAVERY, are in a peculiar sense now be- fore us ; and the choice and success, under God, depend greatly on ourselves. We are therefore bound, as struggling not only for ourselves, but for future generations, to express our sentiments in the following resolves ; - sentiments, which we think are found- ed in truth and justice, and therefore sentiments we are de- termined to abide by.
" Resolved, 1. That as true and loyal subjects of our gracious Sovereign, George the Third, King of Great Britain, &c. we by no means intend to withdraw our allegiance from him ; but, while permitted the free exercise of our natural and charter rights, are resolved to expend life and treasure in his service.
" 2. That when our ancestors emigrated from Great Britain, charters and solemn stipulations expressed the conditions, and what particular rights they yielded ; what each party had to do and perform ; and what each of the contracting parties were equally bound by.
" 3. That we know of no instance in which this province has transgressed the rules on their part, or any ways forfeited their natural and charter rights to any power on earth.
" 4. That the Parliament of Great Britain has exercised a pow- er contrary to the abovementioned charter by passing acts, which
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hold up their absolute supremacy over the colonists ; by another act blocking up the harbour of Boston, and by two late acts, the one entitled, " an Act for the better regulating the government of the province of Massachusetts Bay ;" the other entitled " an Act for the more impartial administration of justice in said province ; " and by enforcing all these iniquitous acts with a large armed force to dragoon and enslave us.
"5. That the late act of Parliament, entitled " an Act for the better regulating the government of the province of Massachu- setts Bay," expressly acknowledges the authority of the charter granted by their Majesties, King William and Queen Mary, to said province ; and that the only reasons, suggested in the pre- amble to said act, which is intended to deprive us of the privile- ges confirmed to us by said charter, are the inexpediency of con- tinuing those privileges, and a charge of their having been for- feited, to which charge the province has had no opportunity of answering.
"6. That a debtor may as justly refuse to pay his debts, because it is inexpedient for him, as the Parliament of Great Britain de- prive us of our charter privileges, because it is inexpedient to a corrupt administration for us to enjoy them.
" 7. That in all free states there must be an equilibrium in the legislative body, without which constitutional check they cannot be said to be a free people.
"8. That the late act, which ordains a council to be appointed by his Majesty, his heirs and successors from time to time, by warrant under his or their signet or sign manual, and which or- dains that the said counsellors shall hold their offices respective- ly during the pleasure of his Majesty, effectually alters the con- stitutional equilibrium, renders the council absolute tools and creatures, and entirely destroys the importance of the represen- tative body.
"9. That no state can long exist free and happy, where the course of justice is obstructed; and that when trials by juries, which are the grand bulwarks of life and property, are destroyed or weakened, a people fall immediately under arbitrary power.
" 10. That the late act, which gives the governor of this prov- ince a power of appointing judges of the superior and inferior courts, commissioners of oyer and terminer, the attorney general,
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provosts, marshalls, and justices of the peace, and to remove all of them (the judges of the superior court excepted) without con- sent of the council, entirely subverts a free administration of jus- tice ; as the fatal experience of mankind in all ages has testified, that there is no greater species of corruption, than when judicial and executive officers depend for their existence and support on a power independent of the people.
" 11. That by ordaining jurors to be summoned by the sheriff only, which sheriff is to be appointed by the governor without con- sent of council, that security which results from a trial by our peers is rendered altogether precarious ; and is not only an evident in- fraction upon our charter, but a subversion of our common rights as Englishmen.
" 12. That every people have an absolute right of meeting together to consult upon common grievances, and to petition, re- monstrate, and use every legal method for their removal.
" 13. That the act which prohibits these constitutional meetings cuts away the scaffolding of English freedom, and reduces us to a most abject state of vassalage and slavery.
" 14. That it is our opinion these late acts, if quietly submitted to, will annihilate the last vestiges of liberty in this province, and, therefore, we must be justified by God and the world in never submitting to them.
" 15. That it is the opinion of this body, that the present act, respecting the government of the province, is an artful, deep-laid plan of oppression and despotism, that it requires great skill and wisdom to counteract it. This wisdom we have endeavoured to collect from the united sentiments of the county. And although we are grieved that we are obliged to mention any thing, that may be attended with such very important consequences as may now ensue, yet a sense of our duty as men, as freemen, as Chris- tian freemen, united in the firmest bonds, obliges us to resolve, that every civil officer now in commission in this province, and acting in conformity to the late act of Parliament, is not an officer agreeable to our charter, therefore unconstitutional, and ought to be opposed in the manner hereafter recommended.
"16. That we will obey all such civil officers now in commis- sion, whose commissions were issued before the first day of July, 1774, and support them in the execution of their offices accord-
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ing to the manner usual before the late attempt to alter the con- stitution of this province : nay, even although the Governor should attempt to revoke their commissions. But that if any of said officers shall accept a commisssion under the present plan of arbitrary government, or, in any way or manner whatever, assist the Governor or administration in the assault now making on our rights and liberties, we will consider them as having for- feited their commissions, and yield them no obedience.
" 17. That whereas the Hon. Samuel Danforth and Joseph Lee, Esqrs, two of the judges of the Inferior Court of Common Pleas for this county, have accepted commissions under the new act by being sworn members of his Majesty's Council, appointed by said act : we therefore look upon them utterly incapable of hold- ing any office whatever. And whereas a venire on the late act of Parliament has issued from the Court of Sessions, signed by the clerk, we think they come under a preceding resolve of acting in conformity to the new act: we therefore resolve that a sub- mission to courts thus acting and under these disqualifications, is a submission to the act itself, and of consequence, as we are re- solved never to submit one iota to the act, we will not submit to courts thus constituted, and thus acting in conformity to said act.
"18. That as, in consequence of the former resolve, all business at the Inferior Court of Common Pleas and Court of General Ses- sions of the Peace next to be holden at Concord must cease, to prevent the many inconveniences that may arise therefrom : we resolve that all actions, writs, suits, &c. brought to said court, ought to remain in the same condition as at present (unless set- tled by consent of parties), till we know the result of a provincial and continental congress. And we resolve that no plaintiff, in any case, action, or writ aforesaid, ought to enter said action in said court thus declared to be unconstitutional. And we resolve, if the court shall sit in defiance to the voice of the county, and default actions, and issue executions accordingly, no officer ought to serve such process. And we are also determined to support all constables, jurors, and other officers, who from these consti- tutional principles shall refuse obedience to courts which we have resolved are founded on the destruction of our charter.
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" 19. That it is the opinion of this body of delegates, that a provincial congress is absolutely necessary in our present unhappy situation.
" These are sentiments which we are obliged to express, as these acts are intended immediately to take place. We must now either oppose them, or tamely give up all we have been struggling for. It is this that has forced us so soon on these very important re- solves. However, we do it with humble deference to the provin- cial and continental congress, by whose resolutions we are deter- mined to abide ; and to whom, and the world, we cheerfully ap- peal for the uprightness of our conduct. On the whole, these are ' great and profound questions.' We are grieved to find our- selves reduced to the necessity of entering into the discussion of them. But we deprecate a state of slavery. Our fathers left a fair inheritance to us, purchased by a waste of blood and treasure. This we are resolved to transmit equally fair to our children after us. No danger shall affright, no difficulties intimi- date us. And if in support of our rights we are called to encoun- ter even death, we are yet undaunted, sensible that he can never die too soon, who lays down his life in support of the laws and liberties of his country."
The causes of the oppostion to the mother country, and the then state of the controversy, are clearly brought to view in these impor- tant proceedings. They were not mere paper resolves, to remain a dead letter, but were to be rules of action : and they were ex- ecuted ! The question on their acceptance, after being " maturely deliberated," was taken by yeas and nays ; 146 were in favor, and 4 in opposition. An additional vote, recommending a " pro- vincial meeting " to assemble in Concord, on the first Tuesday of October, was passed ; and another, to transmit these proceedings to the several towns and to the Continental Congress. On the same day, a county convention was held in Worcester, and, nine days after, one in Suffolk, for similar objects. 1
On the last week in August, some of the British troops had taken from Cambridge two brass field-pieces, and from Charlestown several barrels of powder. These hostile proceedings alarmed the
1 Some historians have asserted that the Suffolk convention was the first one held ; but this is undoubtedly erroneous.
Middlesex took the lead in those important proceedings.
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people, and some hundreds from this and the neighbouring towns, met here, on the 2d. of Sept. and proceeded to Cambridge, a part of whom were under arms. Their object appeared to be to learn the cause of those unfriendly movements of the British soldiers, and to demand the resignation of those officers who had accepted commissions under the new law. No violence was committed, nor was any intended, unless they were violently opposed. " Finding no armed force to combat, they laid aside their muskets, and went to the houses of several individuals, who had taken part on the side of government, and compelled them to recant, and forswear all concern in any offices under the law for altering the charter." Ephraim Wood was one of the committee chosen to wait upon them. They afterwards returned peaceably to their homes.
September was fruitful in interesting events. Informal vol- untary meetings of the people were frequent. The Court of Sessions and Court of Common Pleas for the county were to hold their sessions in Concord, on the 13th of September. On that day, great numbers of the inhabitants of this and the neighbouring towns assembled on the public common. They expressed their wil- lingness that the court should sit, if it proceeded on in the old way ; but if under the new organization, they were determined to prevent it, agreeably to the recommendation of the late convention. A committee from each town then represented was chosen to take such measures as would prevent the opening of the courts, who voted it " as their opinion, that the Court of General Sessions of the Peace ought not to be opened or sit at this time," and chose a sub-committee of five to wait on the justices of the court, and inform them of the wishes of the assembly. After some little time the court produced a written declaration, which was read before the multitude, by whom it was pronounced satisfactory, and afterwards published, declaring it inexpedient to open the court, " lest it should be construed that we act in consequence of the late uncon- stitutional act of parliament "; and publicly promising, that they would " not open nor in any way proceed to the business of said court." This declaration was signed by Thaddeus Mason, Jo- seph Haven, Josiah Johnson, William Stickney, Henry Gardner, Abraham Fuller, Jonathan Dix, Daniel Bliss, and Samuel Ban- croft, - all the justices then present.
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In consequence of these occurrences, and the determined dis- position of the people, the Court of Common Pleas was adjourned to the 3d Tuesday of October. Public notice of this was drawn up by David Phipps, sheriff of the county, by order of the unpop- ular judges, and given to the criers, Antill Gallap, and William How, who made proclamation of the same at the court-house door. This was so displeasing that they were taken before the people, and obliged to make public confession that they were " heartily sorry for what they had done"; and to promise "not to make any return on said proclamation, nor in any way be aiding or assisting in bringing on the unconstitutional plan of gov- ernment." A similar confession was published by Charles Pres- cott, Esq. " for signing in favor of the late governor, Hutchinson." Another was made by Daniel Heald, a deputy sheriff, for posting the notice of the adjournment of the court on the court-house door. These declarations were signed by the respective individu- als, read to the multitude, and published in the newspapers of those times. The people voted that such declarations were sat- isfactory ; and then adjourned to the 3d Tuesday of October, agreeably to the adjournment of the court.
The people did not long remain quiet. Another large meeting took place on the Common the next week. A committee was chosen, of which Robert Chafin of Acton was chairman, and Wil- liam Burrows 1 clerk, before whom every person suspected of being a tory was compelled to pass the ordeal of a trial. If found guilty, he was compelled to endure such punishment as an excited multitude might inflict, which they called " humbling the tories." Several suffered in this manner. Dr. Joseph Lee was most scru- pulously examined and severely treated. To satisfy their minds, he subscribed the following declaration, which was read and pub- lished.
" Whereas I, Joseph Lee of Concord, physician, on the evening of the first ultimo, did rashly and without consideration make a private and precipitate journey from Concord to Cambridge, to inform Judge Lee, that the country was assembling to come down,
1 Mr. Burrows died a few years since in New Ipswich, N. H., over 100 years of age.
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(and on no other business,) that he and others concerned might prepare themselves for the event, and with an avowed intention to deceive the people ; by which the parties assembling might have been exposed to the brutal rage of the soldiery, who had timely notice to have waylaid the roads, and fired on them while unarmed and defenceless in the dark : by which imprudent conduct I might have prevented the salutary designs of my countrymen, whose innocent intentions were only to request certain gentlemen, sworn into office on the new system of government, to resign their offices, in order to prevent the operation of that (so much detest- ed) act of the British Parliament for regulating the government of the Massachusetts Bay : by all which I have justly drawn upon me the displeasure of my countrymen :
" When I coolly reflect on my own imprudence, it fills my mind with the deepest anxiety. I deprecate the resentment of my injured country, humbly confess my errors, and implore the for- giveness of a generous and free people, solemnly declaring that for the future I will never convey any intelligence to any of the court party, neither directly nor indirectly, by which the designs of the people may be frustrated, in opposing the barbarous policy of an arbitrary, wicked, and corrupt administration.
" Concord, Sept. 19, 1774.
JOSEPH LEE."
This is selected from many similar facts to show the highly ex- cited state of public feeling ; and this excitement continued to increase. The covenant of the town, already given, was scrupu- lously regarded, and all those who refused obedience to it were in reality " treated as enemies." The meetings hitherto this month took place without much formal invitation. They were the " sud- den assembly of the day." The people felt that they had evils heaped upon them, and they feared others. They were deter- mined resolutely, but rationally, to have them removed. Though their object appeared as yet to be to obtain a peaceable redress of their grievances, yet evil consequences were anticipated from the frequency of the meetings, unless placed under proper legal restraint. To effect this, a special town meeting was called, Sept. 26th, when the " whole town resolved itself into a committee of safety to suppress all riots, tumults, and disorders in the town ; and to aid all untainted magistrates, who had not been aiding and
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