USA > Massachusetts > Middlesex County > Lexington > History of the town of Lexington, Middlesex County, Massachusetts, from its first settlement to 1868, Volume I > Part 9
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"But by this Act, a Tax, - Yea an heavy Tax is imposed Not only without and beside the Authority of Said General Court, in which this Power (which has never been forfeited nor given up) is Said to be Fully (that is exclusively) lodged; But also directly in opposition to an essential Right or Priviledge of Free and Natural Subjects of Great Britain, who look Upon it as their Darling and Constitutional Right, Never to be Taxed but by their own Consent, in Person, or by their Representative. -
1 By this Act, a ream of bail bonds, stamped, cost £100; a ream of common printed ones before had been sold for £15. A ream of stamped policies of insurance cost £190; a ream of common ones without stamps, £20. Other papers were taxed in the same proportion. All persons who should sign, write, or seal, neglecting to stamp as required, were subject to a fine of £10. Fifty-five specified items in all. E. Chase, Beginnings of the American Revolution, Vol. I, p. 27. Ed.
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"It is vain to pretend (as has been pretended) that We are virtu- ally or in any Just Sence represented in Parliament - when it is well known that so far from this, our humble Petitions and Decent Re- monstrances prepared and Sent Home by the Representative Body of this People, were not admitted an Hearing, in Parliament, evenat The time when those Measures and Acts from which We apprehend so Much, were Depending in the Hon: House of Commons - An Hardship, which greatly adds to the Grevance, and Seems to Inti- mate that we have but too little to hope in Consequence of the most Humble and Dutifull Steps -
"However, this is not all: - By this Act we are most deeply affected, as hereby we are debarred a Right of being tried by Juries in Case of any Breach, or Supposed Breach of it - A Right which, untill Now, we have held in Common with our Brethren in England - A Right, which, under Providence, has been the Great Barrier of Justice; the Support of Liberty and Property in Great Britain and America: and a Right which is the Glory of the British Government.
"The Great Charter of England (commonly called Magna Charta) happily provided for all free and Natural Subjects of the Realm of England - 'that No amerciament shall be Assessed, but by the Oath of honest and lawfull men of the Vicinage (or Neigh- bourhood)' and That 'No Freeman shall be taken or imprisoned, or dissiezed of his Freehold or Liberties, or free Customs, nor passed upon, nor Condemned, but by the Lawfull judgment of his Peers, by the Law of the Land.' - But instead of this Most important Right, Such is the Extension of Power, given by this Act to Courts of Admiralty, that all offences against it may be heard, and tried, and determined, in said Courts, to the entire Subversion of this important Right, confirmed to us by the Great Charter and our own. -
"This, we apprehend, will open a Door to Numberless Evils, which time only can discover - at best, It will oftentimes oblige us to risk our Fortunes, our Liberties and Characters, upon the Judg- ment of one, and perhaps a Stranger, or perhaps that which is worse: - This will Subject us entirely to the Mercy of avaritious Informers, who May at Pleasure summon us from one part of the Province to the other, upon Suspicion of the least offence, and thus bring upon innocent Persons a Sort of necessity of pleading Gilty by paying the penalty to avoid a Greater Expense. - And this being the State of things, what will then be Necessary, but a weak or a wicked Person for a Judge, and of Natural and Free born Sub- jects, we shall quickly become the Most abject Slaves. - and wholly Cut off from our last Resource - Hope of Redress ! -
"These, Sir being the real Sentiments of us, The Freeholders & other Inhabitants of this Town, of this Act, as in its Nature and Effects Considered, you can't be Surprised to find us Greatly
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alarmed and Deeply affected. - And therefore at ye Same Time that We are firmly resolved in all possible ways to Express our filial Duty and Loyalty to our Sovereign, and a due Veneration for both Houses of Parliament, We do also, as Concerned for our Selves, our Posterity and Country, entreat and enjoin it upon you, that so far from encouraging, aiding or assenting in the Execution of this Act, you do reather endeavour as far as Consistent with Allegiance and Duty to our rightful Sovereign, to promote such Measures as on the Contrary, May tend to preserve Us in the Enjoyment of the invalu- able Rights & Liberties, We at present possess; - at Least, till We hear the Result of the Measures, already taken for General Redress.
"In the Mean Time, We earnestly recommend to You the most calm, decent and dispassionate Measures, for an open, Explicit and resolute assertion and vindication of our Charter Rights and Liber- ties; and that the Same be so entered upon Record, that the World may see, and future Generations Know, that the present both knew and valued the Rights they enjoyed, & did not tamely resign them for Chains & Slavery - We shall only add, that the best economy of the public Money, is at all Times Necessary, and never more so than at present, when Public Debts are heavy, the People's Bur- dens Great, and like to increase: -
"We take it for Granted therefore that you will Carefully avoid all unaccustomed and unconstitutional Grants, which will not only add to the present Burden but make such Precedents, as will be attended with Consequences which may prove Greatly to the dis- advantage of the Publick." 1
Instructions such as these, read in open town meeting, and discussed and adopted by a unanimous vote of the inhabit- ants, would do much towards creating a just appreciation of their rights as subjects, and of the duties they owed, not only to their sovereign, but to themselves. A people thus instructed, and trained in the school of stern religious princi- ples, would be found ready for almost any emergency. Con- sequently when the inhabitants of the town of Boston, to manifest their opposition to the oppressive acts of the Min- istry, resolved that they would not import or use certain
1 The Americans had "explicitly adopted the distinction between internal and external taxation and declared themselves ready to submit to the latter while determined to resist the former." "His [Townsend's] course was a distinct warning to the Americans that, if they yielded now, they might expect some new Stamp Act ... the revenue was to be used ... to assert British supremacy over the Colonies at the expense of their political freedom. By providing for a civil list .. . to be responsible only to the Crown ... it meddled with the internal police of every colony." J. Fiske, The American Revolution, Vol. I, pp. 30-31. Ed.
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articles on which these duties were laid, the inhabitants of Lexington at a meeting held December 28, 1767, -
"Unanimously Voted, to Concur with ye Town of Boston Re- specting Importing & useing forreign Commodities as mentioned in their votes passed at their Meeting on the 28th day of October 1767."
Nothing of moment occurred in the municipal affairs of the town during the period under review. Roads were repaired, schools were supported, the poor were provided for, and the paramount subject, the maintenance of public worship, re- ceived its due share of attention. But the subject which pressed upon them most heavily during this period was the oppression of the mother country. Not, however, that the measures of the British Ministry did bear directly and im- mediately upon them with any distressing hardship at that time. But our patriotic forefathers viewed all such subjects on a broad and disinterested scale; they looked at the prin- ciple involved in the measures; and they knew full well that a trifling tax upon stamped paper or upon tea would serve as an entering wedge to a system of taxation which must reduce the Colonies to a state of absolute dependence, if not com- plete vassalage; and patriotism prompted, nay, religion required, that they should oppose the first attempt to tram- ple upon their rights. These feelings were general among the people, and nowhere were they entertained with more ardor than in the parish over which Mr. Clarke presided; conse- quently the people here let pass unimproved no opportunity which bore upon the great subject of human rights.
On the 21st day of September, 1768, the inhabitants of Lexington assembled in town meeting legally warned, to "Take into their Serious Consideration The Distressed State of ye Province at ye present Day and pass any votes Relative thereto." After due consideration, they made choice of Isaac Bowman, Esq., William Reed, Esq., and Deacon Jonas Stone, "to prepare Reasons for our Present Conduct"; who subsequently reported the following Declarations and Resolves: -
"Whereas it is the first principle in Civil Society founded in nature and Reason, That no Law of the Society can be Binding on any Individual without his Consent Given by himself in Person or by his Representative of his own Free Election; - And whereas in
.
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& by an Act of the British Parliament, passed in ye first year of the Reign of king William and Queen Mary of Glorious & blessed memory, Entitled an act Declaring the rights and Liberties of the Subjects and Settling ye Succession of the Crown: The Preamble of which act is in these words, (viz) : -
"'Whereas the late king James the Second, by ye Assistance of Divers evil Councelors Judges & ministers employed by him, did endeavor to Subvert & Extirpate ye protestant Religion & the Laws & Liberties of this Kingdom: it is expressly among other things Declared, that ye Levying money for the Use of the Crown by Pre- tence of prerogative, without Grant of parliament for a Longer Time or in other Manner then ye Same is Granted, is illegal': -
"And whereas in the third year of ye reign of ye Same King William & Queen Mary their majesties were Graciously pleased by their Royal Charter, to Give & Grant to the Inhabitants of this his majesties province, all ye Territory therein Described, to be holden in free & Common Coccage: & also to ordain & Grant to ye Sd In- habitants certain rights Liberties, & privileges therein Expressly mentioned: Among which it is Granted, Established and ordained That all & every ye Subjects of Them their heirs, and Sucessors which Shall Go to inhabit within Sd province & Territory, & Every of their Children which Shall happen to be born their or on the Seas in Going thither or returning from thence, Shall have & injoy all the Liberties & Immunities of free & Natural Subjects, within any of ye Dominions of them, their heirs and Sucessors to all In- tents, purposes, & Constructions, whatever, as if thay and every of them were Born within the Realm of England.
"And whereas by ye aforesaid Act of parliament made ye first year of ye Sd King William & Queen Mary all & Singular the pre- mises Contained therein are claimed Demanded and insisted on as ye undoubted Rights & Liberties of ye Subjects Born within ye Realm: And whereas the Freeholders & other Inhabitants of this Town in Sd Charter mentioned, do hold all ye Rights and Liberties therein Contained to be Sacred & inviolable: At ye Same time publicly & Solemnly acknowledging their firm & unshaken Alle- gience to their alone rightfull Sovereign King George the 3d ye Law- full Sucessor of the Sd King William and Queen Mary to ye British Throne: Therefore,
"Resolved, That the Freeholders & other Inhabitants of the Town of Lexington, will at ye utmost peril of their Lives & For- tunes, take all Legal & Constitutional measures to Defend and maintain ye person, Family, Crown & Dignity of our Said Sover- eign Lord, George ye Third: & all & Singular the Rights Liberties privileges & Immunities Granted in ye said Royal Charter: as well those which are Declared to be Belonging to us as British Subjects by Birthright, as all others therein Specially mentioned.
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"And whereas by ye Said Royal Charter it is Specially Granted to ye Great & General Court or Assembly therein Constituted to impose & Levy proportionable & Reasonable Assessments Rates & Taxes upon ye Estates & persons of all and every ye proprietors & Inhabitants of ye Sd province or Territory, for the Service of ye King in ye necessary Defence and Support of his Government of the Province, & the protection & preservation of his Subjects therein:
"Therefore, Voted, as ye opinion of this Town that Levying money within this province for the Use & Service of ye Crown in other manner then ye same is Granted by the Great & General Court or Assembly of this province is in violation of ye Said Royal Charter: and ye Same is in violation of ye undoubted natural Rights of Subjects, Declared in the aforesd act of Parliament, freely to give & Grant there own money for the Service of ye Crown, with their own Consent in person, or by Representatives of their own Free Election.
"And whereas in ye afore Said Act of Parliament it is declared, that the Raising or keeping a standing army within ye Kingdom in time of peace unless it be with ye Consent of parliament is against Law: it is the opinion of this Town that ye Sd Declaration is founded in ye indefeasible Rights of the Subjects to be Consulted, and to Give their free Consent in person or by Representatives of their own Free Election, to the raising & keeping a Standing Army among them: and the Inhabitants of this Town being Free Subjects have the Same rights, Derived from nature And Confirmed by ye British Constitution as well as ye Sd Royal Charter: & therefore ye Raising or keeping a Standing Army without their Consent in per- son or by Representatives of their own free Election, would be an Infringement of their Natural, Constitutional, and Charters rights: And the employing Such Army for the Inforcing of Laws made without ye Consent of ye people in person or by their Representa- tives, would be a Grievance.
"The foregoing Report being Several Times Distinctly read & Considered by ye Town - The Question was put whether ye Same Shall be accepted and Recorded: & passed unanimously in the Affirmative. - The following vote was unanimously passed (viz)-
"Whereas by an Act of parliament of the first of King William & Queen Mary, it is Declared: that for the Redress of all Grievances & for Amending, Strengthening, & preserving the Law, Parliaments ought to be held frequently & in as much as it is ye opinion of this Town that ye people of this province Labour under many Griev- ances which unless Speedily Redressed threaten ye Total Destruc- tion of our Invaluable natural Constitutional & Charter Rights. - and furthermore as his Excellency the Governor at the request of the Town of Boston, has Declared himself unable to Call a General Court which is the Assembly of the States of this Province for the Redress of Grievances: -
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"Voted, that this Town - will now make Choice of Some suit- able person to Join with Such as are or may be apppointed & Sent from ye Several other Towns in this province to Consult & advise what may be best for ye public Good at this Critical Juncture.
"Then made Choice of William Reed, Esq.
"also voted to keep a day of prayer on ye occasion, and Left it to ye Rev. Mr. Clarke to appoint ye time."
These sentiments published in open town meeting, and sanctified by a day of fasting and prayer, would of course govern the conduct of a sincere and conscientious people. No wonder, therefore, that we find them in 1769, ready to make what at the present day would in some families be considered a great sacrifice; by voting "Not to use any Tea or keep in Snuff nor Suffer it to Be used in our families till ye Duties are taken of."
In 1772, a measure was on foot to make the Supreme Judges independent of the people, by granting them a salary directly by Parliament, thus taking from the people the only hold they had upon those officers - that of withholding sup- plies. This measure was no sooner talked of, than the alarm was given.
At a meeting of the inhabitants of Lexington, held Decem- ber 31, 1772, the following Resolves were passed: -
"1. That it is the natural Right & Indisputable Duty of every Man, & consequently of every Society or Body of Men to consult their own Safety, & to take Measures for the Preservation of their own Liberty and Property, without which Life itself can scarcely be deemed worth possessing. -
"2. That the Security of Life, Liberty & Property, to a People is, or ought always to be considered as the Great End of all Govern- ment, and is acknowledged to be the professed End of the happy Constitution of the British Government in particular. -
"3. That when through Imperfections Necessarily attendant upon the Wisest Systems of which falliable men are capable, or through the Design of wicked or Crafty Men, in Places of Power & Trust any Laws or Acts of Government are found to be Obnoxious or oppressive to the Subject it is wisely provided and established by Magna Charta, the Petition of Rights, and other Statutes of Eng- land, that not only Counties, Cities, & Corporations, but also Towns & Individuals, may consult & Go into Measures for Re- dress, by Petitions Remonstrances or Other ways, as Occasion & Emergency of Affairs may require. -
"4. That the Inhabitants of this Town & Province by the Royal
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Charter (a Sacred Compact between them and the Crown) being Vested with all the Rights & Privileges of Englishmen, & British Subjects, have indisputable Right, both as a People and as In- dividuals, to Judge for themselves when Laws or Measures of Government are Obnoxious or oppressive, and to Consult upon, & go into the best Measures in their Power for Redress when oppressed. - and therefore, -
"5. That as the Inhabitants of this Town look upon themselves in common with their Brethren & Fellow Subjects through the Province, to be greatly Injured & Oppressed in Various Instances by Measures of Government lately Adopted, especially by the pro- posed measure of making the judges dependent upon the crown alone for their support, they cannot but judge it their unalienable right & a Duty they owe to themselves and Posterity; as a Town, as well as Individuals, to take these Matters into Serious Considera- tion, freely to express their Sentiments concerning them, and con- sult Measures for Redress. -
"Then voted that a Committee of Seven be Chosen to report to the Town at the Adjournment of this Meeting, a Draft of Instruc- tions for their Representative, also of Such further Votes and Re- solves, as they may think it best for the Town to come into. - Then made choice of William Reed, Esq., Isaac Bowman, Esq., Capt. Thaddeus Bowman, Dea. Benjamin Brown, Mr. Samuel Bridge, Dea. Joseph Loring, and Mr. Joseph Simonds."
At an adjourned meeting held January 5, 1772, this com- mittee submitted the following document, fraught with the wisdom and patriotism of their pious and devoted pastor, which was unanimously adopted: -
"To Mr. Jonas Stone, Representative of the Town of Lexington : -
"Sir It is not to call in Question your Capacity, Disposition or Fidelity of our Estimation of which we have Given the fullest Evidence, in the Choice we have made of You to Represent Us in the General Court of this Province; but in exercising our Right of Instructing Our Representative, to open Our Minds freely to You Upon Matters which Appear to Us interesting to ourselves, to the Province and Posterity, and to Strengthen & confirm You in Meas- ures which (we trust) your own Judgment would have Suggested, as necessary and important to our Common safety & Prosperity, though we had been Silent. -
"Our worthy Ancestors after many Struggles with their Enemies in the Face of every Danger, and at the expense of much Treasure & Blood, secured to themselves, & transmitted to us, their Poster- ity, a fair and rich Inheritance, not only of a pleasant & fertile Land, but also of Invaluable Rights and Privileges, both as Men &
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Christians, as stated in the Royal Charter of this Province, and Secured to us by the Faith of the British Crown and Kingdom. As we hold due Alleigance to our rightful Sovereign King George III., and are ready with our Lives & Fortunes, to support his just and constitutional Government: so we look upon ourselves as bound by the most sacred Ties, to the Utmost of our Power to maintain and defend ourselves, in our Charter Rights and Privileges, and as a sacred Trust committed to us, to transmit them inviolate to suc- ceeding Generations.
"It is the General Voice, at least of the more thinking & judicious among us, that our Charter Rights & Liberties are in danger, are infringed, and upon a most careful, Serious, and mature Considera- tion of them, as stated in our Charter, and comparing them with Acts of the British Parliament, & Measures adopted by the British Court, Ministry & Government, relating to this and other American Colonies, some of which have been carried into Execution among us, We are clearly of opinion, that they have been for some time past and are at present, greatly infringed & Violated hereby, in Various Instances. And those Measures have been gone into from Time to Time by the Honorable Council & House of Representa- tives, of the Province for Relief & Redress; Yet so far from being successful, our Grievances seem to increase & be more & more intol- erable every Day. -
"The unhappy & distressing Effects of the Measures refered to, are too many to admit, and too well known and felt to require a particular Mention. - But we cannot forbear observing the glaring Contrast, which in some Instances is to be seen between our Char- ter and the Resolves & Acts of the British Parliament, & Measures of Administration, adopted by the British Court, respecting the People of this Province, as well as other Colonies.
"The Charter grants to our General Court 'full Power & Author- ity, from Time to Time to make, ordain & establish all manner of reasonable Laws, &c., and that such Laws, &c., not being disallowed by the King within Three Years, shall continue in full force, until the expiration thereof, or until Repealed by the Same Authority.' But the British Parliament have resolved, ' That they have a Right to make Laws binding upon the Colonies in all Cases whatsoever'; so that whenever they please to carry this Resolve into Execution, they may by another resolve passed into an Act, by one Powerful Stroke vacate all our Charter, and in a Moment dash all our Laws out of Existence, or bury them together in one common Ruin. - By the Charter, the Right of Taxing the People is lodged in the General Court of the Province, (and we think exclusively). But by the late Revenue Acts, which have been (with so many Ensigns of Power and Terror; in open Violation of the Laws and Liberties of this People) put in Execution by the Commissioners of the Customs,
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this Right is clearly infringed, & the Power put into & exercised by other Hands. -
"By the Charter, we are Vested with all the Rights & Liberties of British Subjects, one of which we know is in Magna Charta declared to be that of Tryal by Juries; & ' that no Freeman shall be disseized of his Freehold, Liberties, &c., but by the Lawful Judgment of His Peers, &c.' But such is the provision made in the Revenue Act, and Such the exercise of the Power of Courts of Admiralty, that Men may be disseized of their Liberty and Carried from one Part of the Country to the Other, and be tryed and Sentenced by one Judge, for any, even the smallest Breach of this Act, whether real, or sup- posed. Though the Charter provides for Erecting of Judicato- ries for hearing & trying all Manner of offences, as well Criminal and Capital as civil; Yet if we are rightly informed, a late Act of Parliament provides, & directs in some Cases, that Persons may be seized and carried to England for Tryal, and that for Life. Should this be the Truth, where is the Right of Freemen, - where the boasted Liberty of English subjects?
"The Charter represents the Governor of this Province, as Cap- tain General, and as having full Power & authority in all Military & warlike affairs: and of himself, to appoint all Military officers, to Erect Forts & Commit them to the Custody of Such Person or Per- sons as to Him shall seem meet. But can it be said that this is the Truth of Fact, when the Governor himself declares, He has no Authority over those who have Custody of the most important Fortress, and when Garrisons are Changed and officers appointed, not only, not by the Governor, but even without His Knowledge or Consent. - Whether this is the state of Castle William, the princi- pal Fortress of this Province, appears to us to be a Question not unworthy the serious attention, & further most critical Enquiry of the Great and General Court.
"The Charter not only Vests the General Court with the Right of imposing Taxes, but also points out the Ends for which Taxes are to be raised; one of which is the Support of Government; Justly Supposing that Necessary Connection between the Governing, & Governed; and that mutual Dependance which preserves a due Balance between them, which in all well regulated States, has been found to have the happiest Tendency to promote good Government on the one hand, and Chearful Obedience on the other: - But not enough that the Right of Taxation is Violated, but the Right of determining the Merit & Services of those that are employed in Government must be yielded too. Thus with respect to the first offices among Us, the only remaining Tie of Interest, whereby Persons in the service of the Public were induced to be Faithful in their Trust to the People, is dissolved: and being intirely dependant upon the Crown, for both Place & Support, it becomes their Inter-
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