USA > Massachusetts > The journals of each Provincial congress of Massachusetts in 1774 and 1775, and of the Committee of safety, with an appendix, containing the proceedings of the county conventions-narratives of the events of the nineteenth of April, 1775 > Part 10
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Resolved, That the blanks in the foregoing report be filled up to- morrow morning, at ten o'clock ; and that the committees and officers therein recommended be chosen by ballot.
Resolved, That a committee be appointed to prepare, in the recess of this Congress, a well digested plan for the regulating and disciplin- ing the militia, placing them in every respect on such a permanent footing as shall render them effectual for the preservation and defence of the good people of this province.
Ordered, That Capt. Heath, Capt. Gardner, Mr. Bigelow, Col. Orne, and Col. Thayer, be a committee to take into consideration what exer- cise will be best for the people of this province at this time to adopt, and report [thereon.]
Adjourned to nine o'clock to-morrow morning.
THURSDAY, October 27, 1774, A. M.
The order of the day was moved for.
|| Ordered, That the doorkeeper be directed to call in the members.|| Ordered, That Col., Warren, Doct. Holten, and Col. Lee, be a com- mittee to count and sort the votes for the committees and officers this day to be elected.
a ||patriotic.||
35
FIRST PROVINCIAL CONGRESS.
1774.]
Resolved, That the Congress will proceed to the choice of the com- mittee of safety, which is to consist of nine members, viz : three in the town of Boston, and six in the country, in the manner following, viz : they will give their votes first, for the three members of the town of Boston, and then for the six in the country.
The Congress accordingly proceeded to bring in their votes for the three members of the town of Boston, and the committee appointed to. count and sort the votes, reported, that the following gentlemen were chosen, viz : Hon. John Hancock, Esq., Doct. Warren, and Doct. Church.
The Congress then proceeded to bring in their votes for six gentle- men of the country ; after sorting and counting the same, the commit- tee reported, that the following were chosen, viz : Mr. Devens, Capt. White of Brookline, Mr. Palmer, Norton Quincy, Esq., Mr. Watson, and Col. Orne.
Afternoon.
The Congress then proceeded to bring in their votes for five com- missaries ; and the committee having sorted and counted the votes, re- ported that the following gentlemen were chosen, viz : Mr. Cheever, Mr. Gill, Col. Lee, Mr. Greenleaf, Col. Warren.
Upon a motion made by Col. Warren, that he might be excused from serving on the committee for supplies, and having offered his reasons therefor, the question was put, whether he be excused from serving on said committee, and passed in the affirmative.
The Congress then proceeded to bring in their votes for a person to serve in the place of Col. Warren, who hath been excused, and after sorting and counting the same, they reported that Col. Lincoln was chosen.
It was then moved, that the Congress proceed to the choice of three general officers; and, Resolved, That they would first make choice of the gentleman who should have the chief command ; and the committee having sorted and counted the votes, reported that the Hon. Jedediah Preble, Esq., was chosen.
The Congress then proceeded to bring in their votes for the second in command, and the committee having sorted and counted the votes, reported that the Hon. Artemas Ward, Esq., was chosen.
The Congress then proceeded to bring in their votes for the third in command, and the committee having sorted and counted the votes, re- ported that Col. Pomeroy was chosen.
The Congress then proceeded to bring in their votes for a commit- tee to sit in the recess of this Congress, agreeable to the resolve of
36
FIRST PROVINCIAL CONGRESS. [Oct. 27,
yesterday, and the committee having sorted and counted the votes, re- ported that the following gentlemen were chosen, viz :
The Hon. Joseph Hawley, Esq., Hon. John Hancock, Esq., Hon. Samuel Dexter, Esq., Mr. ||Elbridge|| Gerry, Capt. Heath, Major Fos- ter, Hon. James Warren, Esq.
Resolved, That to-morrow morning, nine o'clock, the Congress will take into consideration the propriety of appointing a receiver general.
Ordered, That the members be enjoined to attend, and that they do not absent themselves for any cause saving that of absolute necessity.
Resolved, That the replication to his excellency's answer, which was ordered to lie on the table for the members to revise, be now taken up and recommitted for some amendments.
Upon a motion, the question was put, whether the Hon. Samuel Dan- forth, Esq.,1 be desired to attend this Congress upon the adjournment, and passed in the negative.
Upon a motion, the question was put, severally, whether the Hon. James Pitts, Esq., Hon. Artemas Ward, Esq., Hon. Benjamin Green-
(1) Twenty-eight counsellors had been chosen, May 25, 1774, at the annual meeting of the general court, agreeably to the provisions of the charter of William and Mary :
For the territory formerly the colony of Massachusetts Bay, eighteen : Samuel Danforth, John Erving, James Bowdoin, James Pitts, Samuel Dexter, Artemas Ward, Benjamin Greenleaf, Caleb Cushing, Samuel Phillips, John Winthrop, Timothy Danielson, Benjamin Austin, Richard Derby, Jun., William Phillips, Michael Farley, James Prescot, John Adams, Norton Quincy :
For the territory formerly the colony of New Plymouth, four : James Otis, William Seaver, Wal- ter Spooner, Jerathmiel Bowers.
For the territory formerly the province of Maine, extending from Piscataqua to Kennebcck, three : Jeremiah Powell, Jedediah Preble, Enoch Freeman :
For Sagadahock, including that part of the present state of Maine between Kennebeck and New Brunswick, one : Benjamin Chadburn :
For the provinec at large, two : George Leonard, Jun., Jedediah Foster.
When the list was presented to the governor for his approbation, Gen. Gagc exercised the prero- gative of negative reserved by the charter, and rejected thirteen of the counsellors elect. The names of the gentlemen distinguished by executive disapprobation are printed above in italics.
By the act of Parliament " for the better regulating the government of the province of the Massa- chusetts Bay," great alterations were made in the charter. The number of counsellors was inereas- ed to thirty-six : the right of choosing these officers was taken away from the representatives of the people, and the power of selection vested in the erown, after the first day of August, 1774. The gentlemen named below were appointed by the king to be counsellors by writ of mandamus :
Thomas Oliver, Thomas Flucker, Peter Oliver, Foster Hutchinson, Thomas Hutchinson, Jun., Harrison Gray, Samuel Danforth, John Erving, James, Russell, Timothy Ruggles, Joseph Lee, Isaac Winslow, Israel Williams, George Watson, Nathaniel Ray Thomas, Timothy Woodbridge, William Vassall, William Brown, Joseph Green, James Boutineau, Andrew Oliver, Josiah Edson, Richard Lechmere, Joshua Loring, John Worthington, Timothy Paine, William Pepperrell, Jere- miah Powell, Jonatban Simpson, John Murray, Daniel Leonard, Thomas Palmer, Isaac Royall, Robert Hooper, Abijah Willard, John Erving, Jun.
The people assembled in large bodies and compelled many of the mandamus counsellors to resign tbe obnoxious office. The names of those who resisted popular sentiment, by accepting and retain- ing the appointment, are in italics in the list above.
The Hon. Samuel Danforth had been sworn, although he publicly declared his determination not to aet under his commission.
37
FIRST PROVINCIAL CONGRESS.
1774.]
leaf, Esq., Hon. Caleb Cushing, Esq., Hon. Samuel Phillips, Esq., Hon. Richard Derby, Esq., Hon. Jaines Otis, Esq., Hon. William Seaver, Esq., Hon. Walter Spooner, Esq., Hon. Benjamin Chadburn, Esq., Hon. Jedediah Preble, Esq., and the Hon. George Leonard, Esq., be desired to attend this Congress at the next meeting upon the adjourn- ment, and passed in the affirmative.
The question was then put, whether the Hon. John Erving, Esq., and the Hon. Jeremiah Powell, Esq., be desired also to attend this Congress, upon its being evident that they had not accepted, and upon their having given full assurances that they would not accept, of their commissions as mandamus counsellors, and it passed in the affirmative.
Ordered, That Mr. Cushing, Col. Prescot, and Capt. Greenleaf, be a committee to bring in a resolve inviting the counsellors aforesaid to attend accordingly.||a||
FRIDAY, October 28, 1774, A. M.
The order of the day was moved for.
Resolved, That the Congress now proceed to the choice of a receiver general.
Ordered, That Col. Warren, Doct. Holten, and Col. Lee, be a com- mittee to count and sort the votes for a receiver general.
The Congress then proceeded to bring in their votes for a receiver general ; the committee having counted and sorted the same, reported that the Hon. Samuel Dexter, Esq., was chosen. But upon a motion by him made, that he might be excused from serving in that office, and having offered his reasons for his motion, the question was put, whether he be excused accordingly, and it passed in the affirmative.
Resolved, That the choice of a receiver general be put off till three o'clock this afternoon.
The committee on the state of the province reported a resolve, rela- tive to the removal of the inhabitants of the town of Boston from thence, which was read.
Afternoon.
Upon a motion made by Mr. Greenleaf, one of the committee for providing stores, that he might be excused from serving in that office, and having offered his reasons for his motion, the question was put, whether he be excused accordingly, and it passed in the affirmative.
The Congress resumed the consideration of the report of the com- mittee recommending the removal of the inhabitants of the town of Boston from thence. Ordered to be recommitted and that the com- inittee sit forthwith.
a „Adjourned till to-morrow morning, nine o'clock.||
38
FIRST PROVINCIAL CONGRESS.
[Oct. 28,
Resolved, That the Congress now proceed to the choice of a receiver general. The votes being carried in, and the committee having sorted and counted the same, reported that Henry Gardner, Esq., was chosen.
Resolved, That the Congress now proceed, according to their order in the forenoon, to bring in their votes for the choice of a person to fill up the committee for providing stores, in the place of Mr. Green- leaf, who was excused. The committee having counted and sorted the same, reported that Mr. Benjamin Hall was chosen.
The committee on the state of the province reported a resolve rela- tive to the collecting and paying the outstanding taxes, which was read and accepted; but, upon a motion, the above vote was reconsidered, and the report was committed to Major Hawley, Mr. Gerry, and Major Foster, for amendments, which ||ªbeing|| done, was again considered and accepted, and is as followeth, viz :
Whereas, the moneys heretofore granted and ordered to be assessed by the general court of this province, and not paid into the province treasury, will be immediately wanted to supply the unexpected and pressing |l'exigencies|| of this province, in its present distressed cir- cumstances, and it having been recommended by this Congress that the same should not be paid to the Hon. Harrison Gray, Esq., for rea- sons most obvious ; Therefore,
Resolved, That Henry Gardner, Esq., be, and he hereby is, appointed receiver general until the further order of this or some other Congress, or house of representatives of this province, whose business it shall be to receive all such moneys as shall be offered to be paid into his hands to the use of the province by the several constables, collectors, or other persons, by order of the several towns or districts, and to give his re- ceipts for the same ; and the same moneys to pay out to the committee of supplies, or a major part of them, already appointed by this Con- gress, or the order of said committee, or the major part of them, for the payment of such disbursements as they shall find to be necessary for the immediate defence of the inhabitants of this province. And it is hereby recommended to the several towns and districts within this province, that they immediately call town and district meetings, and give directions to all constables, collectors, and other persons who may have any part of the province ||"taxes|| of such towns or districts in their respective hands or possession, in consequence of any late order and directions of any towns or districts, that he or they immediately pay the same to the said Henry Gardner, Esq., for the purpose afore- said.
a |was.|
b |demands.|
c |money collected by taxes.||
39
FIRST PROVINCIAL CONGRESS.
1774.]
And it is also recommended, that the several towns and districts in said directions, signify and expressly engage, to such constables, collec- tors, or other persons, who shall have their said moneys in their hands, that their paying the same in manner as aforesaid, and producing a re- ceipt therefor, shall ever hereafter operate as an effectual discharge to such persons for the same. And it is hereby recommended, that the like order be observed respecting the tax ordered by the great and general court at their last May session.
And it is hereby further recommended, to all sheriffs who may have in their hands any moneys belonging to the province, that they imme- diately pay the same to the said receiver general, for the purposes aforesaid, taking his receipt therefor.
And the said Henry Gardner, Esq., the receiver general, shall be accountable to this or some other Congress or house of representa- tives of this province, for whatever he shall do touching the premises. And to the end that all the moneys heretofore assessed in.pursuance of any foriner grants and orders of the great and general court or assem- bly of this province, and hitherto uncollected by the several constables and collectors, to whom the several lists of assessments thereof were committed, may be effectually levied and collected, and also to the end, that all the moneys granted, and ordered to be assessed by the general court at their session in May last, which have been assessed, or which may be assessed, may be also speedily and punctually collected, it is earnestly recommended by this body, to the several constables and collectors respectively, who have such assessments in their hands, or to whom any assessments yet to be made, may be committed by the as- sessors of any towns or districts, that in the levying and collecting the respective part or proportion of the total of such assessments, therein set down to the several persons named therein, they should act and proceed in the same ||way and|| manner as is expressed and prescribed in the form of a warrant given and contained in an act or law of this province, entitled " an act prescribing the form of a warrant for col- lecting of town assessments," &c. And it is also hereby strongly re- commended to all the inhabitants of the several towns and districts in this province, that they, without fail, do afford to their respective consta- bles and collectors all that aid and assistance which shall be necessary to enable them in that manner to levy the contents of such assessments, and that they do oblige and compel the said constables and collectors to comply with and execute the directions of this resolve, inasmuch as the present most alarming situation and circumstances of this province do make it absolutely necessary for the safety thereof.
40
FIRST PROVINCIAL CONGRESS.
[Oct. 28,
Ordered, That Mr. Appleton, Mr. Cushing, and Mr. Palmer be a committee to bring in a resolve relative to a non consumption agree. ment.
Ordered, That Major Hawley, Mr. Cushing, and Mr. Gerry, be a committee to prepare and bring in a resolve relative to an equal repre- sentation of the province in Congress at the next meeting thereof.
The committee appointed to bring in a resolve inviting the constitu- tional counsellors of this province to attend this Congress at the next meeting thereof upon adjournment, reported; which report was read and accepted, and is as followeth, viz :
Resolved, That the Hon. John Erving, Esq., Hon. ||ªJames|| Pitts, Esq., Hon. Artemas Ward, Esq., Hon. Benjamin Greenleaf, Esq., Hon. Caleb Cushing, Esq., Hon. Samuel Phillips, Esq., Hon. Richard Derby, Esq., Hon. James Otis, Esq., Hon. William Seaver, Esq., Hon. Walter Spooner, Esq., Hon. Jeremiah Powell, Esq., Hon. Benjamin Chadburn, Esq., Hon. Jedediah Preble, Esq., and Hon. George Leo- nard, Esq., constitutional members of his majesty's council of this colony, by the royal charter, chosen to said office last May session, be desired to give their attendance at the next meeting of this Congress upon adjournment, that this body may have the benefit of their advice upon the important matters that may then come under consideration And the secretary of this Congress is hereby directed to transmit to those gentlemen severally a copy of this resolve.
The committee appointed to bring in a resolve relative to a non- consumption agreement, reported. The report was read and ordered to be committed for amendments. It was accordingly amended, read again, and accepted, and is as followeth, viz :
Whereas, ||the people of || this province have not, as yet, received from the Continental Congress such explicit directions respecting non- importation and non consumption agreements as are expected ; and whereas, the greatest part of the inhabitants of this colony lave lately entered into non importation and non consumption agreements, the good effects of which are very conspicuous : Therefore,
Resolved, That this Congress approve of the said agreements, and earnestly recommend to all the inhabitants of this colony, strictly to conform to the same, until the further sense of the continental or the pro- vincial Congress is made public. And further, this Congress highly applaud the conduct of those patriotic merchants, who have generously refrained from importing British goods since the commencement of the
a ||Samuel.||
4L
FIRST PROVINCIAL CONGRESS.
1774.]
cruel Boston port bill; at the same time reflect with pain on the con- duct of those who have sordidly preferred their private interest to the salvation of their suffering country, by continuing to import as usual ; and recommend it to the inhabitants of the province, that they discour- age the conduct of said importers by refusing to purchase any articles whatever of them.
[Ordered, That the foregoing report] be published.
The committee appointed to inquire into the state of the warlike stores in the commissary general's office, reported ; and it was there- upon Ordered, That Capt. Heath, Doct. Warren, and Doct. Church, be a committee to take care of, and lodge in some safe place in the coun- try, the warlike stores now in the commissary general's office, and that the matter be conducted with the greatest secrecy.
Resolved, That the committee of correspondence of the town of Wor- cester be desired to take proper care that the bayonets, the property of this province, now in the hands of Col. Chandler, be removed to some safe place at a distance from his house.
||The Congress then|| adjourned till to-morrow morning nine o'clock.
SATURDAY, October 29, 1774, A. M.
The committee appointed to take into consideration what military exercise is best for the people of this province now to adopt, reported ; the report was read and accepted, and
Ordered, That Major Foster bring in a resolve accordingly ; who, in obedience to the above order, reported the following resolve, which was read and accepted, and ordered to be published in the Boston newspapers.
Resolved, That it be recommended to the inhabitants of this prov- ince, that in order to their perfecting themselves in the inilitary art, they proceed in the method ordered by his majesty in the year 1764, 'it being, in the opinion of this Congress, best calculated for appear- ance and defence.
Upon a motion, the question was put, whether the Congress will now go into the consideration of the propriety of keeping the records of the county of Suffolk in the town of Boston, and passed in the affir- mative.
After a very considerable debate on the question, it was ordered that the matter now subside.
Resolved, That the consideration of the state of the executive courts in the province be referred to the next meeting of this Congress.
Ordered, That Capt. Gardner, Mr. Wheeler, and Mr. Watson, be a 6
42
FIRST PROVINCIAL CONGRESS.
[Oct. 29,
committee to wait on the Rev. Doct. Appleton, with the thanks of this body for his constant attendance on, and praying with them, during their session in the town of Cambridge.
Ordered, That the payment of several expenses of this Congress be referred until the next meeting thereof.
Resolved, That the committee of safety be desired to write to the Continental Congress, showing them the grounds and reasons of our proceedings, and enclose them a copy of our votes and resolutions.
Ordered, That Major Foster, Doct. Holten, and Mr. Appleton, be a committee to look over the resolves and orders of this Congress, and point out what is necessary now to be made public.
The Committee appointed to wait on the Rev. Doct. Appleton, with the thanks of this Congress, reported that they had attended to that service, and that the Doct. informed them that the Congress were wel- come to his services, and that he wished them the blessing of heaven.
Resolved, That when this Congress shall adjourn that it be adjourn- ed to the 23d day of November next, at ten o'clock in the forenoon, then to meet at this place.
The committee on the state of the province having amended the re- plication to his excellency's answer to our message to him, the same being read, was accepted unanimously.
Ordered, That Capt. Heath, Capt. White, Capt. Gardner, Mr. Cheever, and Mr. Devens, be a committee to wait upon his excellency with the following replication to his excellency's [answer.]
May it please your Excellency :
The province having been repeatedly alarmed by your excellency's unusual and warlike preparations since your arrival into it, and having, by this Congress, expressed a reasonable expectation that you would desist from, and demolish your fortifications on Boston neck, it must afford matter of astonishment not only to the province, but the whole continent, that you should treat our importunate applications with manifest insensibility and disregard.
The Congress are possessed of a writing with your signature, which purports itself to be a message to this body, although addressed to sundry gentlemen by name, who, officiating as our committee, present- ed an address to your excellency. We are surprised at your saying, that " what we call a fortress, unless annoyed, will annoy nobody ;" when, from your acquaintance with the constitution of Britain, and of the province over which you have been by his majesty commissioned to preside, you must know, that barely keeping a standing army in the
43
FIRST PROVINCIAL CONGRESS.
1774.]
province, in time of peace, without consent of the representatives, is against law, and must be considered as a great grievance to the sub- ject-a grievance which this people could not, with a due regard to their freedom, endure, was there not reason to hope that his majes- ty, upon ||ªbeing|| undeceived, would order redress. Is it not astonish- ing then, sir, that you should have ventured to assert that a " fortress," by whatever name your excellency is pleased to call it, which puts it in the power of the standing army which you command to cut off com- munication between the country and the capital of this province; to imprison the many thousand inhabitants of the town of Boston ; to in- sult and destroy them upon the least, or even without any provocation, and which is evidently a continual annoyance to that oppressed com- munity, " unless annoyed, will annoy nobody ?"
A retrospect of your excellency's conduct, since your late residence in this province, we conclude, will convince you of that truth, the mere hinting of which, you tell us, " is highly exasperating as well as ungenerous." We presume your excellency will not deny that you have exerted yourself to execute the acts made to subvert the con- stitution of the province, although your excellency's connections with a ministry inimical to the province, and your being surrounded by men of the worst political principles, preclude a prospect of your fully ex- ercising towards this province your wonted benevolence and humanity; yet, sir, we pray you to indulge your social virtues so far as to consid- er the necessary feelings of this people under the hand of oppression. Have not invasions of private property, by your excellency, been re- peatedly made at Boston ? Have not the inhabitants of Salem, whilst peaceably assembled for concerting measures to preserve their free- dom, and unprepared to defend themselves, been in imminent danger from your troops? Have you not, by removing the ammunition of the province, and by all other means in your power, endeavored to put it in a state utterly defenceless ? Have you not expressly declared that " resentment might justly be expected" from your troops, merely in consequence of a refusal of some inhabitants of the province to sup- ply them with property undeniably their own ? Surely these are ques- tions founded on incontestible facts, which, we think, must prove that while the " avowed enemies" of Great Britain and the colonies, are protected by your excellency, the lives, liberties, and properties of the inhabitants of the province, who are real friends to the British consti- tution, are greatly endangered, whilst under the control of your stand- ing army.
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