USA > Massachusetts > Middlesex County > Lexington > History of the town of Lexington, Middlesex County, Massachusetts, from its first settlement to 1868, with a genealogical register of Lexington families > Part 9
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" Therefore, Resolved, That the freeholders and other inhabitants of the town of Lexington, will at the utmost peril of their lives and fortunes, take all legal and constitutional measures to defend and maintain the person, family, crown and dignity of our said Sovereign Lord, George the Third, and all and singular, the rights, liberties, privileges and immunities granted in said royal charter, as well as those which are declared to be belonging to us as British subjects, by birthright, as all others therein specially mentioned.
" And whereas by the said royal Charter, it is specially granted to the Great and General Court or Assembly therein constituted, to impose and levy proportionable and reasonable assessments, rates, and taxes, upon the estates and persons of all and every, the proprietors and inhabitants of the said Province or territory, for the service of the King in the necessary defence and support of his government of the Province, and the protection and preservation of his subjects therein :
" Therefore Voted, As the opinion of this town, that levying money within this Province for the use and service of the crown in any other manner than the same is granted by the Great and General Court or Assembly of this Province, is in violation of the said royal Charter; and the same is in violation of the undoubted, natural rights of subjects, declared in the aforesaid Aet of Parliament, freely to give and grant their own money for the service of the crown, with their own consent in person, or by Representatives of their own free election.
" And whereas in the aforesaid Act of Parliament, it is declared that the raising and keeping a standing army within the kingdom in time of peace, unless it be with the consent of Parliament, is against law ; it is the opinion of this town that the said Declaration is founded in the indefeasible rights of tlie subjects to be consulted, and to give their free consent in person or by Representative, of their own free election, to the raising and keeping a standing army among them. And the inhabitants of this town being free
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subjects, have the same rights derived from nature, and confirmed by the British Constitution, as well as by the royal Charter ; and therefore, the raising or keeping a standing army without their consent in person or by Representatives of their own free election, would be an infringement of their natural, constitutional, aud charter rights; and the employment of such an army for the enforeing of laws made without the consent of the people in person or by their Representatives, would be a grievance."
The foregoing Report being several times distinctly read, and considered by the town, the question was put whether the same shall be accepted and recorded, and passed unanimously in the affirmative.
The following vote was also unanimously passed.
" Whereas by an Act of Parliament of the first of King William and Queen Mary, it is declared, that for the redress of all grievances and for amend- ing, strengthening, and preserving the laws, Parliament ought to be held frequently ; and inasmuch as it is the opinion of this town, that the people of this Province labor under many grievances, which unless speedily redressed, threaten the total destruction of our invaluable, natural, consti- tutional and charter rights ; and furthermore, as his Excellency the Gover- nor, 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 :
" Voted, That this town will now make choice of some suitable person to join with such as are or may be appointed and sent from the several other towns in this Province, to consult and advise what may be best for the public good at this critical juncture.
" Then made choice of William Reed, Esq. ยข
" Also voted, To keep a day of prayer on the occasion, and left it to the Rev. Mr. Clarke to appoint the time."
These sentiments published in open town meeting, and sanc- tified by a day of fasting and prayer, would of course govern the conduct of a sincere and conscientious people. No wonder therefore, we find them in 1769, ready to make what at the present day would in some families be considered a great sacri- fice ; by voting "Not to use any tea or snuff, nor keep them, nor suffer them to be used in our families, till the duties are taken off."
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
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upon those officers - that of withholding supplies. This mea- sure was no sooner talked of, than the alarm was given. .
" At a meeting of the inhabitants of Lexington, held Dec. 31, 1772, the following Resolves were passed.
"1. That it is the natural right and indisputable duty of every man, and consequently of every society or body of men, to consult their own safety, and to take measures for the preservation of their own liberty and property, without which life itself ean scarcely be deemed worth pos- sessing.
" 2. That the security of life, liberty and property to a people, is and ought always to be considered, as the great end of all government, 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 fallible men are capable, or through the designs of wicked or crafty men in places of power and trust, any laws or acts of government are found to be obnoxious or oppressive to the subjeet, it is wisely provided and established by Magna Charta, the petition of Rights and other Statutes of England, that not only Counties, Cities, and Corpo- rations, but also Towns and individuals, may consult and adopt measures for redress by petition, remonstrance or other ways, as occasion and the emergency of affairs may require.
" 4. That the inhabitants of this town and Province by the Royal Char- ter (a sacred compaet between them and the crown) being vested with all the rights and privileges of Englishmen, and British subjects, have the indisputable right, both as a people and as individuals, to judge for them- selves when laws or measures of government are obnoxious or oppressive, and to consult upon, and adopt the best measures in their power for redress when oppressed.
" 5. And therefore, That as the inhabitants of this town look upon them- selves, in common with their brethren and fellow subjects through the Province, to be greatly injured and oppressed in various instances, by measures of Government lately adopted, especially by the proposed measure of making the judges dependent upon the crown alone for their support, they cannot but judge it their inalienable right and a duty they owe to themselves and posterity, as a town as well as individuals, to take these matters into serious consideration, freely to express their sentiments concerning them, and consult measures for redress.
" Then voted that a committee of seven be chosen to report to the town at an adjournment of this meeting, a draft of Instructions for their Repre- sentative, also of such further Votes and Resolves, as they may think best to recommend to the town. - 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."
13
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HISTORY OF LEXINGTON.
At an adjourned meeting held Jan. 5, 1772, this committee submitted the following document, fraught with the wisdom and patriotism of their pious and devoted pastor, which was unani- mously 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 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 exer- cising our right of instrueting our Representatives, to open our minds freely to you upon matters which appear to us interesting to ourselves, to the Province, and to posterity, and to strengthen and confirm you in measures, which, we trust, your own judgment would have suggested, as necessary and important to our common safety and 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 and blood, secured to themselves and transmitted to us, their posterity, a fair and rich inheritance, not only of a pleasant and fertile land, but also of invalu- able rights and privileges both as men and Christians, as stated in the Royal Charter of the Province, and secured to us by the faith of the British Crown and Kingdom. As we hold due allegiance to our rightful Sovereign King George III., and are ready with our lives and 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 com- mitted to us, to transmit them inviolate to succeeding generations.
" It is the general voice, at least of the more thinking and judicious among us, that our charter rights and liberties are in danger, are infringed, and upon the most careful, mature, and serious consideration of them, as stated in our Charter, and comparing them with Acts of the British Parlia- ment, and measures adopted by the British Court, Ministry and Govern- ment, 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 and violated hereby in various instances, and these measures have been gone into from time to time by the Honorable Council and House of Represen- tatives of the Province for relief and redress; yet so far from being successful, our grievances seem to increase and be more and more intoler- able every day.
" The unhappy and distressing effects of the measures referred to, are too many to admit, and too well known and felt to require a particular mention. But we cannot forbear observing the glowing contrast which in some instances is to be seen, between our Charter and the Resolves and Acts of the British Parliament, and measures of administration, adopted
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by the British Court, respecting the people of this, as well as other Colonies.
"The Charter grants to our General Court full power and authority from time to time to make, ordain and 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 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 Prov- ince, and we think exclusively. But by the late revenue Acts, which have been, with so many ensigns of power and terror, in open violations of the laws and liberties of this people, put into execution by the Commissioners of the Customs, this right is clearly infringed, and the power put into and exercised by other hands.
" By the Charter, we are vested with all the rights and liberties of British subjects, one of which we know is in Magna Charta declared to be that of trial by jury, and that no freeman shall be disseized of his freehold, liber- ties, &c., but by the lawful judgment of his peers, &e. 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 tried and sentenced by one judge, for any, even the smallest breach of this Act, whether real or supposed. Though the Charter provides for the erecting of judicatories for the hearing and trying all manner of offences, as well criminal and capital as civil ; yet if we are rightly informed, a late Act of Parliament provides, and direets in some cases, that persons may be seized and carried to England for trial, 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 Captain General, and as having full power and authority in all military and warlike affairs, and of himself to appoint all military officers, to erect forts and commit them to the custody of such person or persons as to him shall seem meet. But can it be said that this is the truth in fact, when the Governor himself declares, that he has no authority over those who have custody of the most important fortress, and where garrisons are changed, and officers appointed, not only not by the Governor, but without his knowledge or consent. - Whether this is the state of Castle William, the principal fortress of this Province, appears to us to be a question not unworthy the serious attention, and most critical inquiry of the Great and General Court.
" The Charter not only vests the General Court with the right of impos- ing taxes, but also points out the ends for which taxes are to be raised -
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one of which is the support of the government, justly supposing that necessary connection between the governing and governed, and that mutual dependence 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 cheerful obedience on the other. But not enough that the right of taxation is violated, but the right of determining the merit and services of those that are employed in gov- ernment, must be yielded too. Thus with respect to the first officers among us, the only remaining interest whereby persons in the service of the public were induced to be faithful in their trust to the people, is dissolved, and being entirely dependent upon the erown for both place and support, it becomes their interest, at least in many cases, to be unfaithful and partial in their administration with regard to the people. And consid- ering the imperfections of human nature, it is seareely possible it should be otherwise, even though the best of men were in authority. For interest will have its influence to blind the eyes, and pervert the judgment of the wisest and most upright.
We have been certified in form, that this is the case with the gentlemen in the chief seat of Government, and at the head of the Province, and from the best information we are able to obtain, we have but too much reason to fear, that the same has taken place with respect to a number of others in places of trust and power, of no small importance to the well being of this people. Particularly we have reason to think this to be the fact with respect to the Judges of the Supreme Court, the highest court of justice in the Province - the eourt upon the decisions and determinations of which, all our interests respecting property, liberty or life, do chiefly and ultimately depend; and what adds to the indignity of this measure is, that it is to be carried into effect, as we have just reason to suppose, at our expense, at the same time that it is against our consent. Thus the plan of oppression is begun, and so far carried on, that if our enemies are still successful, and no means can be found to put a stop to their career, no measures contrived for a restoration of our affairs to a constitutional course, as pointed out in our Charter ; we have just reason to fear that the eyes of the head of the Government being blinded, the sources of justice poisoned, and hands of the administration bribed with interest, the system of slavery will soon be complete. These things are of so interesting a nature, so deeply affecting, and so big with the ruin of all our rights and liberties, both civil and religious, that we readily acknowledge that we cannot so much as transiently view them without a mixture of horror, indignation, and grief.
" But this is not all. Our Charter knows no such thing as. instructions to Government ; and yet what have not instructions done to distress this people ; and if in addition to these, it should be found upon the inquiry of the guardians of the Province in General Court assembled, (and they have a right to inquire, ) that the law has not in all instances had its course, or that at any time, measures have been successful to stay justice from offend-
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ers, it seems as if it was time to be alarmed, and provide for our own safety, or else tamely to bow to the yoke and forever hereafter be silent. Whether this representation be just, is submitted and must be left to time and facts to discover. But that these among other things, are worthy our most serious attention, as subjects of inquiry and deep interest, cannot be disputed.
" And therefore to you, Sir, whom we have chosen to represent us in the Great and General Court of Inquest for this Province, we do most earnestly recommend it, that you use your utmost influence, that these as well as all other matters in which the rights and liberties of this people are concerned, are impartially inquired into, and dispassionately considered by the General Assembly, and that measures be pursued by Petition to the throne, or otherwise, as the Court in their great wisdom shall see meet, for a radical and lasting redress. That thus, whether successful or not, succeeding generations might know that we understood our rights and liberties, and were neither afraid nor ashamed to assert and maintain them ; and that we ourselves may have at least this consolation in our chains, that it was not through our neglect that this people were enslaved.
"WILLIAM REED, Per Order."
At the same meeting the town took into consideration a communication from the town of Boston on the same general subject, and
" Voted, That this Town entirely concur with them in their sentiments, both as to the nature of our rights, and the high infraction of them by the late measures of Government ; and with pleasure embrace this opportunity to express the great sense they have of the vigilance and patriotic spirit threy and our brethren in many other towns, have discovered upon this and various occasions, for the preservation of our rights.
" Voted, also, That this town has a right to correspond with other towns upon matters of common concern; and that a Committee be accordingly chosen to transmit the proceeding of this meeting to the Gentlemen of the Committee of Correspondence in Boston ; and further, to correspond with them as well as the Committee of other towns, upon matters of common concern, as occasion may require."
The town then proceeded and chose the following named gen- tlemen, as their Committee of Correspondence : Capt. Thaddeus Bowman, Dea. Jonas Stone, Ensign Robert Harrington, Dea. Benjamin Brown, and Dea. Joseph Loring.
The opposition to the Stamp Act was such that Parliament was induced to repeal it, which they did in 1766. But this was a change rather than an abandonment of their policy. They
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repealed an act which they saw that they could not enforce, for the purpose of adopting other measure's which they deemed more artful and seductive, and hence more likely to bring the colonists to their feet. The sequel will show their measures, and the manner in which they were met by the people of America.
In December, 1773, the inhabitants were called together to consider the state of public affairs, and especially the subject of the Tea, sent over by the East India Company ; when the whole subject was referred to the Committee of Correspondence, who subsequently submitted the following Report, which was unanimously adopted :
" That from intelligence transmitted by the Committee of Correspond- ence in the Town of Boston, to the Committee of Correspondence for this place, and by them communicated to the town, it appears that the enemies of the rights and liberties of America, greatly disappointed in the success of the Revenue Act, are seeking to avail themselves of a new, and if possible, yet more detestable measure to distress, enslave, and destroy us. Not enough that a tax was laid upon teas, which should be imported by us, for the sole purpose of raising a revenue to support task masters, pensioners, &c., in idleness and luxury ; but by a late Act of Parliament, to appease the wrath of the East India Company, whose trade to America had been greatly elogged by the operation of the Revenue Acts, provision is made for said Company to export their Teas to America free, and dis- charged from the payment of all duties and customs in England, but liable to all the same rules, regulations, penalties and forfeitures in America, as are provided by the revenue Aet, as much as if the above mentioned Act had never been passed.
" Not to say anything of the gross partiality herein discovered in favor of the East India Company, and to the injury and oppression of Americans, we are alarmed at the masterly effort of iniquitous policy, as it has the most gloomy effect upon the trade of these Colonies, and gives an opening to the East India Company, or others under the covert of an Act of Par- liament, for the unrighteous purpose of raising and securing a revenue to the crown out of the purses of industrious Americans, to monopolize one branch after another, until in the process of time, the whole trade will be in their hands, and by their consignees, factors, &c., they will be the sole merchants of America.
" And further, we are more especially alarmed, as by these crafty measures, the revenue Act is to be established, and the rights and liberties of Americans forever sapped and destroyed. These appear to us to be sacri- fices we must make; and these are the costly pledges that must be given into the hands of the oppressor. The moment we receive this detested article, the tribute will be established upon us. For nothing short of this will ever fill the mouth of the oppressor, or gorge the insatiate appetite of
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lust and ambition. Once admit this subtle, wicked ministerial plan to take place - once permit this tea, thus imposed upon us by the East India Company, to be landed, received and vended, by their consignees, factors, &c., the badge of our slavery is fixed, the foundation of ruin is surely laid, and unless a wise and powerful God, by some unforeseen revolution in Providence, shall prevent, we shall soon be obliged to bid farewell to the once flourishing trade of America, and an everlasting adieu to those glorious rights and liberties, for which our worthy ancestors so earnestly prayed, so bravely fought, so frecly bled !
" This being the light in which we view these measures of administration in their nature and tendency, we cannot but be alarmed, especially when we see our danger so great, -our ruin so nearly effected :- the ship with the detested tribute Tea in the harbor, and the persons appointed to receive and sell the same, unnaturally refusing to resign their appointment, though by carrying it into effect, they should procure their country's ruin. As there- fore we should be wanting to ourselves, to our country and posterity, to be silent upon such an occasion as this, and as we have no reason to expect that God, the Supreme Disposer of all things, will work miracles for us, while we neglect ourselves, we do with the greatest seriousness and sin- cerity, come into the following
RESOLVES.
"1. That as the Revenue Act, and the Act allowing the East India Company to export Teas into the Colonies subject to duties, with all the measures of the Ministry and Administration, whether by secret craft or open violence to carry said Acts into effect, appear to us to be a direct violation of our charter rights and liberties ; we are determined to the utmost of our power in every rational way, upon this and all proper occa- sions to oppose them, and use our most vigilant and resolute endeavors to prevent their taking place among us.
" 2. That we will not be concerned either directly or indirectly in landing, receiving, buying or selling, or even using any of the Teas sent out by the East India Company, or that shall be imported subject to a duty imposed by Act of Parliament, for the purpose of raising a revenue in America.
"3. That all such persons as shall directly or indirectly aid and assist in landing, receiving, buying, selling or using the Teas sent by the East India Company, or imported by others subject to a duty, for the purpose of a revenue, shall be deemed and treated by us as enemies of their country.
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