USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 48
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Comtee respecting non consumption agreemt Voted, The Comtee of observation &c be desired to inform themselves relating to the conduct of such Persons within sd Town (if any there be) who do not strictly conform to the non importation & non consumption agreement and if there be any of the Members of the Town who continue to practice in violation of sd agreemt. by selling or con- suming Teas or otherwise & persist therein ; that in such case they publish his, her, or their names that they may be known & es- teemed as Practical enemies to our rights & Priviledges.
Then the Meeting was adjourned to Monday 28th. inst one o'Clock, P.M. at this place.
The Meeting whereof Mr. Wm. Penniman was Modr. was ad- journed, to the same Day two o'clock P.M. at this Place.
1774 Nov. 28th.
The Town Meeting being assembled by adjournmt. from the fourteenth inst. Mr. Wm. Penniman Mod".
Province Tax Collectors Directed. Voted, The Collectors of the Province Taxes are directed to use their utmost endeavours for
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BRAINTREE RECORDS, 1775.
collecting the same, and to pay the same when collected into the Hands of the Selectmen of this Town, and that the Selectmen in the Name & Behalf of the Town indemnify sd collectors from any damage they may sustain by not paying the same to Harrison Gray Esqr. and that the Selectmen retain sd money in their Hands untill it shall be otherwise orderd by sd Town & then to pay the same to the Towns order.
Comtee respecting Oar. Voted, Collo. Thayer, Capt Nath11 Wales, & Mr. Jona Bass be a Comtee to settle with Mr. Aaron Hubbard for the oar he has taken from the great Pond.
adjournment Then the meeting was adjourned to the first Monday in January next one o'Clock P.M. at this place.
N.B. The appointment of Mr. Adams as a Member of the Provincial Congress was omitted thro' accident in the Records which ought to have been inserted first after the opening sd meet- ing as follows, viz.
Voted, John Adams Esqr. be joined to the Members of the Pro- vincial Congress, as a Member for this town.
[285] 1775, Jany 23ª.
The Town Meeting being assembled by adjournment from the Twenty eighth Day of November last, Voted sd Meeting be fur- ther adjourned to monday the 23ª. inst at ten o'clock forenoon to this place.
Delegate for Provincial Congress. The Town being assembled by adjournment from the 2ª. inst.
Voted, To Send one Delegate only to the Provincial Congress, the first of February next &c. Then Deac". Palmer was chosen for that purpose. Then Mr. Edmund Billings, Capt Benja. Beal, Collo Eben' Thayer, Deac". James Penniman, Mr. Jnº. Bass, Doct". Wales, & Elisha Niles, were appointed a Comtee to Draught instructions to be laid before Town for sd Delegate. Sª Comtee offerd sd instructions to the Town, as follows viz.
Delegates instructd.
Braintree January 23ª. 1775.
Sir. As you have this Day been appointed as a Delegate to Rep- resent us in the Provincial Congress, to be held at Cambridge the first of February next, and as our Duty & interest lies in carefully & strictly adhering to the recommendations & resolves of the con- tinental Congress, We your constituants direct & instruct you to attend to the Spirit & letter of sd resolves ; particularly where they recommend to us, to submit to a suspension of the administration of Justice, where it cannot be procured in a legal & peaceable manner, under the rules of the charter & the Laws founded thereon ; untill the effect of their application for a repeal of the acts, by which our charter rights are infringed, is known. Also their direc- tion respecting Gen11. Gage & his majestys troops, stationed at Boston, & that We peaceably & firmly persevere in the line in which we were then conducting on the Defensive. And that you in no- wise strain their sense & act as may be construed repugnant to their meaning which must have a tendency to involve us in reme-
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BRAINTREE RECORDS, 1775.
diless ruin which inevitably be our case should we lose their support.
James Penniman. ( In the Name
To Joseph Palmer, Esqr. of the Comtee
The above report was voted accepted & orderd. to be directed to sª Delegate, sª report was forwarded accordingly.
Voted, That a Comtee of Seven take under consideration the Resolves, of the Congress respecting encouragemt of the Militia.
Militia encouraged. Then Deac. Palmer, Mr. P. B. Adams, Mr Edmd. Soper, Capt Hayden Mr. Sawen, Capt Penniman, & Mr Azariah Faxon were appointed, a Comtee for that purpose, sd Commi- tee offerd their report to the Town &c.
1775, Jan 23d.
That whereas much time is generally spent by the Militia of this Town in perfecting themselves in necessary Military exercises - many of whom cannot well afford it; and it being wisdom att all times especially at this to put ourselves into a good state of Defence, and being desirous to encourage a Military spirit in the most equitable manner ; do vote, That from and after the last Day of this month until the last Day of March next every Person in the Militia who shall attend sd exercises shall be paid out of the Town Treasury, for every half days attendance. Provided such Person shall be paid for no more than for one half Day in a week & Pro- vided also that the Capt & Clerk of each & every Military Company do certify to the Selectmen for the time being that such person has faithfully attended his duty at sd 'exercises from three o'clock to six o'clock in the afternoon of such days at which Hours the Rolls shall be called & no person paid who has not attended & an- swered to both calls, on [286] each and every such day. And the Parents, Masters or Guardians of such as are under age shall be paid for such Minors, and Provided also That all such as may not be sufficiently equipt with arms & ammunition in the judgment of the Field officers shall have his sd wages laid out for such equip- ment & such as are sufficiently equipt shall receive their sd wages in money when the sd Treasury is in cash.
N.B. The equipment intended is a good Fire lock, Bayonett & cartouch Box one pound of Powder Twenty four balls to fitt their Guns, twelve flints & a knapsack.
Militia allowance. Voted, That the Town allow the Militia that attend exercises agreable to the above report one shilling for each & every half day.
1775, March 6th.
The anniversary Town Meeting for the choice of Town Officers &c.
Warrants. The Freeholders & other Inhabitants of the Town of Braintree Qualifyd. by Law to vote in Town affairs being assem- bled at the Meeting House in the middle Prect. of sd Town to transact the affairs of said Town the particulars whereof as inserted in the warrants are as follows (viz) After a Modr. chosen.
1
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BRAINTREE RECORDS, 1775.
First, To choose all such Town officers for the ensuing year as the Law directs, also a County Treasurer.
Secondly, To direct respecting the repairing the Highways with- in sd Town the ensuing year.
Thirdly, To hear & act on the request of any Persons respecting accots. to be laid before the Town.
Fourthly, To act on any matter or thing that may be laid before the Town, relative to the present exigency of our Publick affairs.
Fifthly, To hear the report of the Selectmen respecting Ways or of any committees, or to choose any Comtees that may be neces- sary.
Assembled as aforesaid Joseph Palmer Esqr. Mod'.
Clerk & Treas". Then Elisha Niles was nominated & chosen Clerk & also Treasurer.
Wardens. The Warden act being read, Enoch Hayden Benja- min Field, Joshua Hobart, Thomas Vinton, jr. Seth Man & Elijah French were chosen Wardens.
Conste. allowd Voted, To allow Forty shillings to each & every Constable that shall serve in sd office the ensuing year as Collect- ors of Taxes.
Constle. Then Seth Spear, Ichabod Holbrook & Seth Turner, were chosen Constables.
Selectmen. Voted, To choose Nine Selectmen for the ensuing year, three in each Precinct to do the duty of Selectmen, Over- seers of the Poor & assessors and that they serve the Town Gratis excepting as assessors. Then Joseph Palmer, Norton Quincy, John Adams, Ebenezer Thayer Esq. Deac". James Penniman, Mr. Edmd Soper M' Jona Bass, Mr. Eliphlet Sawen & Capt. Thomas Penniman were chosen Selectmen.
Province monies orderd Voted, That the Selectmen be directed to pay such monies as may be returnd to them by the Collectors of the Province Taxes, Pursuant to a vote of this Town into the hands of Henry Gardner Esq. of Stow.
County Do. Voted, The Collectors of the County Taxes be directed with all possible expidition to pay sª county assessments into the County Treasurer.
He the sd County Treasurer removing his office Ten miles at least from Boston or any other Seaport Town, within sd County.
Delegate County Congress. Voted, To send one Delegate to the County congress the ensuing year Josh. Palmer Esqr. chosen.
Comtee to prepare a covenant. adjournmt. Voted, That Josh. Palmer, Norton Quincy, John Adams, Eben'. Thayer, Elisha Niles Esqrs. Mr. Tho8. Newcomb, Mr. Jnº. Bass, Mr. Isaac Spear, & MT. Eliphalet Sawen, be a Comtee to prepare a covenant similar to the association of the Continental Congress, to be adopted by sd Town if they think proper, adjournª to 15 inst one o'clock in this place.
[287] 1775 March 17th.
The Freeholders & other Inhabitants of the Town of Braintree being assembled by adjournmt. from the sixth instant
Voted, A Committee consisting of nine be raised to consider
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BRAINTREE RECORDS, 1775.
what encouragement may be proper to be given to such as may enlist & form themselves into Companies of Minute men.
Then John Adams Esq". Edmd Billings, John Hall jun". Collo. Thayer, Edmd Soper, John Vinton L' Joshua Hayward Jona. Bass, & Capt Penniman were chosen a Comtee for that purpose.
Then proceeded to the choice of Town officers by way of Nomi nation, viz.
Assizors of Bread. Seth Baxter, Joshua Hobart, Joshua Hay- ward junr. Jona Bass 2ª. William Allen, Elihu Adams.
Tythingmen. Elijah Vesey, Caleb Hobart jun". Joshua Hobart jun™.
Surveyors of Lumber. Eben'. Field, Balch Cowen, Wm. Penni- man 3ª Eliphalet Sawen, L'. Nath1 Belcher jr. Lt. Seth Turner.
Fence Viewers. Deac. Eben". Adams, Adam Hobart Elipht. Sawen, Moses Adams, Moses French, Joshua Hayward Jr.
Fire Wards. Moses Adams, James Thayer, Seth Man jun".
Cullers of Staves. Balch Cowen, Benja Thayer, L' Turner, Lt. Belcher jr.
Sealers of Shingles. Balch Cowen, Ambrose Salisbury.
Sealers of Leather. Abijah Allen, Joseph Cleverly 2ª.
Voted, That the Highways in sª Town be repaired the ensuing year as has been usual & that each Poll be Taxed two shillings equal to one Days work & that the estates be in proportion.
Surveyors of Highways. James Clark, Deae. Daniel Arnold Deac Eben'. Adams, Capt. Moses Brackett Deac Josh. Palmer, Elisha Niles, Thos. Newcomb, James Thayer Sam1. Holbrook, Mr. Caleb Hobart, Lt. David Holbrook, Capt Thos. Penniman Joseph Spear, David White, Ephraim Thayer 2ª. Simeon Thayer, Noah Thayer.
Voted, That Hoggs run at Large the ensuing year.
Hoggreaves. Amos Stutson, Newton Baxter, Enoch Hayden, Noah Thayer 2ª. Jacob Nash, Oliver Thayer, Aminadab Hayden, John Bowditch Lemuel Wales, Seth Man junr. David Burrill.
Comtee to settle accts with Selectmen. Voted, Mr. William Penniman, P. B. Adams & Doct" Baker be a Comtee to settle accots with the Selectmen in the close of the year
Comtee to settle accts. with the Treasurer. Then Capt Moses Brackett, Azariah Faxon & Benja Porter, were appointed a Comtee to settle accots with the Town Treasurer after he has closd. his accots for 1775.
Committee respecting fish. Then Mr William Penniman, Jona Thayer, & Nath" French, were appointed a Comtee to take care and prevent the obstructions by Dams or otherwise in the course of the running of the Fish to & from the Ponds in the proper season.
[288] 1775 March 15th.
The Committee appointed the sixth of March Inst to prepare a covenant agreable to the association of the Continental Congress, to be adopted by this Town offerd the same to the Town as follows (viz)
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BRAINTREE RECORDS, 1775.
Association or Covenant. We the inhabitants of the Town of Braintree in the Province of the Massachusetts Bay : having taken into our most serious consideration the subject matter of the association enterd into by the Continental Congress, on Oct. 20th. 1774, and being determined to do every thing in our power, to confirm & establish that union which at this time so happily sub- sists amoung ourselves not only in this Town & Colony but also throughout the continent : and which we humbly hope may be blessed by heaven as the peaceable means of recovering & estab- lishing our rights & liberties in such a manner as to hand them entire to Generations yet unborn have freely & voluntarily enterd into the following association, Avowing our allegiance to the King; our affection & regard for Brittons in all parts of the World, affected with the deepest anxiety & most alarming appre- hensions, at those grievances & distresses with which Brittish Americans are oppressed, and having taken under our most seri- ous Deliberation the state of the whole Brittish continent so far as our abilities & opportunities permitted, find that the present un- happy situation of our affairs is occasioned by a ruinous system of Colony administration adopted by the British Ministry about the year 1763, evidently calculated for enslaving these Colonies, and with them the whole Brittish Empire. In prosecution of which system various acts of Parliamt have been passed for raising a revenue in america for depriving the american subject in many in- stances, of the constitutional tryal by jury, exposing their lives to danger, by creating a new & illegal trial beyond the seas, for crimes alledged to be committed in america ; and in the prosecu- tion of the same system several late cruel & oppressive acts have been passed respecting the Town of Boston and Province of Mas- sachusetts Bay, and also an act for extending the Province of Quebec so as to border on the western frontiers of these Colonies, establishing an arbitrary Government therein & discouraging the settlement of Brittish subjects in that wide and extended country. Thus by the influence of civil principles, and ancient prejudices, to dispose the inhabitants to act with hostility against the free protestant colonies, whenever a wicked Ministry shall choose to direct them.
To obtain redress of these grievances which threaten destruc- tion to the lives, liberty & property of his majestys subjects in No. america. We are of opinion that non importation non consump- tion & non exportation agreements faithfully adhered to will prove the most speedy, effectual & peaceable measures, and therefore We do for ourselves in particular as well as being members of said Town of Braintree firmly agree & associate under the sacred ties of virtue, honour & love of our country as follows.
First that we will not import from Great Brittain or Ireland or from any other place, any such goods, wares or Merchandise as shall have been imported from Great Brittain or Ireland nor will we from this Day import any East India from any part of the world, [289] nor any Molasses, Syrups, panales, coffee or pie- mento from the Brittish Plantations or Dominica, or wines from Madeira or the Western Islands, or foreign Indigo.
458
BRAINTREE RECORDS, 1775.
Second, That we will neither import or purchase any slave im- ported since the first Day of December last, and will wholly dis- continue the slave trade ; and will neither be concerned in it our- selves, nor will we hire our vessells nor sell our commodities or manufactures to those who are concerned in it.
Third, As a non consumption agreement strictly adhered to will an effectual security for the observation of the non importation, We as above solemnly agree & associate that from this day we will not purchase or use any East India Teas whatever, nor will we nor any person by or under us purchase or use any of those goods, wares or merchandise we have agreed not to import which we shall know or have any cause to suspect were im- ported since the first day of December last, except such as come under the rules & directions of the tenth article of the associa- tion of the Continental congress.
Fourth, The earnest desire we have not to injure our fellow subjects in Great Brittain, Ireland or the West indias induce us to suspend a non exportation untill the tenth day of September 1775 at which time, if the said acts and parts of acts of the Brit- tish parliamt. hereafter mentioned are not repealed we will not directly or indirectly export any merchandise or commodities whatsoever to Great Brittain, Ireland or the West Indias except rice to Europe
Fifth, Such as are Merchants & use the British or Irish trade will give orders as soon as possible to their agents, factors & correspondents in Great Brittain & Ireland not to ship any goods to them on any pretence whatsoever as they cannot be re- ceived in america ; and if any Merchant residing in Great Brittain or Ireland shall directly or indirectly ship any wares, goods or merchandise for america in order to break the said non-importa- tion agreement or in any manner counterviene the same, on such unworthy conduct being well attested it ought to be made publick ; and on the same being so done, we will not from thence forth have any commercial connexion with such Merchant.
Sixth, That such as are owners of vessels will give positive orders to their Captains or Masters not to receive aboard their ves- sels any goods prohibited by the said non importation agreemt on pains of immediate dismission from their service.
Seventh, We will use our utmost endeavours to improve our breed of sheep & increase their number to the greatest extent & to that end we will kill them as sparingly as may be especially those of the most profitable kind ; nor will we export any to the West Indies or elsewhere.
Eighth, That we will in our several stations encourage frugal- ity economy & industry and promote agriculture arts & manu- factures of the country especially that of wool, & will discounte- nance & discourage every species of extravagance & dissipation and on the death of any relative or friend we will conform as near as may be to the association of the Continental congress relative thereto.
Ninth, That such as are venders of goods or Merchandise will
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BRAINTREE RECORDS, 1775.
not take advantage of the scarcity of goods that may be occasioned by their association, but will sell the same at reasonable profits, and if any vender of goods or merchandise shall sell any such goods on higher terms, or shall in any manner, or by any device whatsoever violate this agreement, no person ought, or will any of us deal with any such person or his or her agents or factor at at any time hereafter for nay commodities whatsoever
Tenth, In case any Merchant Trader or other person shall im- port any goods contrary to this association the same ought forth- with to be sent back again without breaking any of the packages thereof.
Eleventh, That the Comtee of Correspondence, the Comtee of ob- servation in this Town together with John Adams, Elisha Niles Esqr. Mr. Joshua Hayward Mr. Eliphalet Sawen, Deac. Benjamin Bass, [290] Deac. Eben'. Adams, Mr. Seth Spear, Mr Sam1. Hol- brook Mr. John Vinton, Mr. Azariah Faxon, Mr. Eben'. Thayer 3ª. Mr. Seth Turner, & Mr. Joshua Hayward Jr be one committee whose business it shall be attentively to observe all persons toucli- ing this association, and when it shall appear to the satisfaction of a Majority of sd Comtee within the limits of their appointment has violated this association, that such majority do forthwith cause the truth of the case to be published in the Gazette, to the end all such foes to the rights of British america may be publickly known & universally contemned as the enemies of american liberty & thence forth we respectively will break off all dealings with him or her.
Twelfth, That all Manufactures of this Country be sold at rea- sonable prices so that no undue advantage be taken of a future scarcity of goods.
Thirteenth And we do further agree & resolve, that we will not have any trade, dealings, commerce, or intercourse with any Dis- trict, Town, Colony or Province in North America, which shall not acceed to, or which shall hereafter violate said association of the Continental congress, but will hold them as unworthy of the rights of Freeman, and as inimical to the Liberties of their Coun- try.
And whereas it is of the utmost importance that the salutory association of the Continental congress be effectually executed ; and the plans of the foes to america defeated, who aided by Tyrannical power intend to import goods, wares & Merchandise prohibited by said association, by assistance of such Merchants & traders as to this intent shall basely prostitute themselves ; and it will be extreamly difficult to distinguish between goods imported before the first day of December last, and such as after sd day shall be imported & secretly dispersed throughout the Colony.
And whereas it is expresly recommended by the continental con- gress, to the Provincial Conventions and to the committees in the respective colonies, to establish such further regulations as they may think proper for carrying into execution their association, We do farther resolve, That from & after the tenth day of October next it will be indispensibly necessary that all goods, Wares or
-
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BRAINTREE RECORDS, 1775.
Merchandize directly or indirectly imported from Great Brittian, or Ireland, Molasses, Syrups, paneles, Coffee, or Piemento from the British Plantations, or from Dominica ; wines from Madeira or the Western Islands, & foreign Indigo, should cease to be sold or purchased in this Colony, not withstanding that they shall have been imported before the first day of December aforesaid ; unless the acts & parts of acts of Parliamt. particularly enumerated in the close of this association be then repealed, and it is strongly re- commended to the Inhabitants of this Town that from and after the said Tenth Day of October, they cease to sell or purchase, & prevent being exposed to sale within this Town any goods wares or Merchandize & above enumerated, which shall at any time have been imported into america, whether before or since the first day of December aforesaid, unless sd acts of Parliament shall be then repealed.
And it is strongly recommended to the Committee named in the 11th. article of this association, that they exert themselves in caus- ing the same to be strictly executed, and that after the said Tenth of October, (unless the acts & parts of acts of Parliamt. as afore- said are repealed) that they apply to all Merchants & traders in this Town, and take a full inventory of all the goods wares or Merchandize in their possession whether they shall have been im- ported before or since the first day of December, aforesaid, re- quiring them to offer no more for sale until said acts be repealed.
And if any Merchant, Trader, or others shall refuse to have an inventory taken or shall offer for sale after the said tenth of Octo- ber, any such goods, wares, or Merchandize, it is expresly recom- mended to the above named Committee that they take the goods into their possession, to be stored at the risque of the proper owner untill the repeal of the acts aforesaid, and publish the Names of [291] such refractory Merchants, Traders, or Purchasers, that they may meet with the merits of enemies to their country, and it advised to the inhabitants of this Town that they by no means fail vigorously to assist & support their Committees in discharging this as well as all other duties of their offices.
Provided, always, That in case the last resolve, in this associa- tion shall be recommended by the next gen". American Congress & adopted by all the united colonies then it shall be & remain in full force & virtue otherwise to be void & of no effect.
And we solemnly, individually & Collectively bind ourselves under the ties aforesaid, to adhere to this association, until such parts of the several acts of Parliamt. passed since the close of the last War, as impose or continue duties on tea, wine, Molasses, Syrups, Paneles, coffee, Sugar Piemento, Indigo, foreign paper glass, & painters colours imported into america ; and extend the Powers of the Courts of Admiralty beyond their ancient limits, Deprive the american subject of trial by Jury, authorize the Judges certificate to indemnify the prosecutors from damages that he might otherwise be liable to from a trial by his Peers, require op- pressive security from a claimant of ships or goods seized before he shall be allowed to defend his property are repealed, and untill
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BRAINTREE RECORDS, 1775.
that part of the act. of 12 G. 3ª chr. 24 intitled an act for the better securing his Majestys Dock yards, Magazines, ships, ammunition & stores, by which any person charged with committing any of the offences therein described, in america, may be tried in any shire or County within the realm is repealed, and until the four acts passed in the last session of Parliament (viz)
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