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 68
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86
Hc therefore desired the secretary, onee more to make application to his excelleney, and to state the affair to him in that serious manner which the case seemed to require. The secretary accordingly made a second applica- tion to the governor, but received for answer, that he had given all the satis- faction in his power, and he could not sec that any further argumenta- tion upon the subject would be to any purpose. Upon this, the committee werc again convened, and it was unanimously Resolved, that they had exe- euted the commission intrusted to them by the county, to the utmost of their ability. And after voting that the reply to his excelleney's answer should be inserted in the public papers as soon as possible, they adjourned without day.
Every vote passed by the delegates of the county, and by the committee appointed to wait on the governor, was unanimous.
CONVENTION OF MIDDLESEX COUNTY.
AT a meeting of the following gentlemen, being committees from cvery town and district in the county of Middlesex, and province of Massachu- setts Bay, held at Concord, in said county, on the 30th and 31st days of Au- gust, 1774, to consult upon measures proper to be taken at the present very important day, viz. :
Capt. Thomas Gardner, Doct. Samuel Blodget, Capt. Samuel Whit- temore, Mr. Loammi Baldwin, Mr. Abraham Watson, Capt. Ezekiel How, Mr. Samuel Thatcher, Mr. John Maynard, Capt. Eliphalet Robbins, Mr. Phinchas Gleason, Capt. Ephraim Frost, Mr. Samson Belcher, Mr. Joseph Wellington, Mr. Thomas Plympton, Mr. Nathaniel Sparhawk, Mr. Hezekialı
77
610
MIDDLESEX CONVENTION.
Maynard, Capt. Isaac Foster, Doct. Samuel Curtis, Mr. Peter Edes, Mr. Al- pheus Wood, Mr. William Wyer, Mr. Edward Barnes, David Cheever, Esq., Mr. William Boyd, Mr. Richard Devens, Mr. Ebenezer Bridge, Jr., Mr. John Frothingham, Mr. Joshua Abbot, Mr. John Codman, Capt. Ralph Hill, Doct. Isaac Foster, Mr. William Thompson, Mr. Samuel White, Doct. Timothy Danforth, Mr. Josiah Capen, Capt. Josiah Bowers, Mr. David Beamis, Mr. Solomon Pollard, Mr. David Sanger, Capt. Thaddeus Bowman, Mr. Elijah Bond, Mr. Jonas Stone, Mr. Ephraim Wood, Jr., Mr. Joseph Loring, Mr. John Flint, Mr. Benjamin Brown, Mr. Nathan Merriam, Joseph Ilaven, Esq., Mr. William Clark, Capt. Josiah Stone, Mr. Joshua Hammond, Mr. William Brown, Capt. Jonas Stone, Mr. David Haven, Mr. Edward Durant, Mr. Eb- enezer Marshall, Capt. Samuel Wyman, Mr. Jonathan Williams Austin, Mr. Robert Douglass, Mr. Simeon Spaulding, Mr. Samuel Stevens, Jr., Mr. Jona- than Stow, Mr. Benjamin Walker, Capt. Daniel Taylor, Capt. Francis Ilar- ris, Mr. James Hussey, Mr. Asa Holden, Mr. James Locke, Mr. Obadiah Sawtell, Henry Gardner, Esq., Mr. Benjamin Brown, Mr. John Marble, Mr. Jonathan Flint, Doct. Charles Whitman, Mr. Joseph Parker, Capt. Phinehas Taylor, Capt. John Dexter, Mr. Joseph Bryant, Capt. Ebenezer Harnden, Mr. James Hay, Mr. Thomas Hill, Mr. Edward Buckman, Mr. Samuel Sprague, James Prescott, Esq., Mr. James Kettell, Oliver Prescott, Esq., Mr. Benjamin Pierce, Capt. Josiah Sawtell, Mr. Thomas Rand, Capt. Benjamin Jaquith, Mr. Josiah Smith, Mr. Timothy Walker, Mr. Joshua Symonds, Mr. Edward Kendall, Mr. Ebenezer Brooks, Jr., Mr. William Borden, Capt. Josialı Hartwell, Mr. Thomas Upham, Mr. Oliver Ioar, Mr. Abel Perry, Mr. Daniel Rogers, Jr., Mr. Hezekiah Broad, Mr. Samuel Park, Mr. Peter Colburn, Capt. Thomas Mellen, Mr. Ephraim Colburn, Capt. Roger Dench, Mr. Stephen Davis, Mr. Jacob Gibbs, John Read, Esq., Capt. Jonathan Minot, Mr. Joseph Ilartwell, Mr. John Abbot, Mr. John Moore, Doct. Asaph Fletcher, Capt. John Webber, Mr. Nathaniel Boynton, Mr. Daniel Mellen, Mr. Zacheus Wright, Mr. Aaron Phipps, Capt. Richard Sanger, Mr. Joshua Ilemenway, Mr. Benjamin Fassett, Mr. Francis Falkner, Mr. Samuel Bullard, Mr. John Heywood, Capt. William Coolidge, Mr. Ephraim Hapgood, Mr. Jonathan Hammond, Capt. William Prescott, Mr. Samuel Harrington, Mr. Henry Woods, Mr. Jacob Bigelow, Mr. William Green, Capt. Abijah Brown, Mr. Nehemiah Hobart, Mr. Charles Witherell, Mr. Joseph Danforth, Capt. Ed- mund Bancroft, Mr. Lemuel Perham, Mr. Josialı Fisk, Mr. Jonathan Brown, Mr. Samuel Farrar, Mr. Aaron Beard, Capt. Abijah Pierce, Mr. David Bay- ley, Capt. Eleazer Brooks, Mr. Ebenezer Stone, Capt. Joseph Butterfield, Mr. Jonathan Locke.
The Honorable James Prescott, Esq., was chosen chairman.
After having read the late act of the British parliament, entitled an act for the better regulating the government of the province of Massachusetts Bay in New England, and debated thereon :
Voted, That a committee be appointed to take into consideration the said act, and report to this meeting.
Voted, That Mr. Jonathan Williams Austin of Chelmsford, Capt. Thomas
611
MIDDLESEX CONVENTION.
Gardner of Cambridge, Doet. Isaac Foster of Charlestown, Capt. Josialı Stone of Framingham, Mr. Richard Devens of Charlestown, Doct. Oliver Prescott of Groton, Henry Gardner, E'sq. of Stow, Mr. William Brown of Framingham, and Mr. Ebenezer Bridge, Jr. of Billerica, be the committee, who reported as follows :
It is evident to every attentive mind, that this provinee is in a very dau- gerous and alarming situation. We are obliged to say, however painful it may be to us, that the question now is, whether, by a submission to some late aets of the parliament of Great Britain, we are contented to be the most abject slaves, and entail that slavery on posterity after us, or by a manly, joint, and virtuous opposition, assert and support our freedom. There is a mode of conduet, which in our very critical circumstances, we would wish to adopt; a conduct, on the one hand, never tamely submissive to tyranny and oppression, on the other, never degenerating into rage, pas- sion, and confusion. This is a spirit which we revere, as we find it exhib- ited in former ages, and will command applause to the latest posterity. .
The late acts of parliament pervade the whole system of jurisprudence, by which means, we think, the fountains of justice are fatally corrupted. Our defence must, therefore, be immediate in proportion to the suddenness of the attack, and vigorous in proportion to the danger.
We must now exert ourselves, or, all those efforts, which, for ten years past, have brightened the annals of this country, will be totally frustrated. Life and death, or, what is more, freedom and slavery, are, in a peculiar sense, now before us, and the choice and success, under God, depend great- ly upon ourselves. We are therefore bound, as struggling not only for our- selves, but future generations, to express our sentiments in the following re- solves ; sentiments which, we think, are founded in truth and justice, and therefore sentiments we are determined to abide by.
Resolved, That as true and loyal subjects of our gracious sovereign, George the third, king of Great Britain, we by no means intend to withdraw our allegiance from him ; but, while permitted the free exercise of our natural and charter rights, are resolved to expend life and treasure in his service.
Resolved, That when our ancestors emigrated from Great Britain, charters and solemn stipulations expressed the conditions, and what particular rights they yielded; what each party had to do and perform ; and which each of the contracting parties were equally bound by.
Resolved, That we know of no instance, in which this provinee has trans- gressed the rules on their part, or any ways forfeited their natural and char- ter rights to any power on earth.
Resolved, That the parliament of Great Britain have exercised a power contrary to the abovementioned charter, by passing aets, which hold up their absolute supremacy over the colonists ; by another aet blocking up the port of Boston ; and by two late aets, the one entitled, an act for better reg- ulating the government of the province of Massachusetts Bay, the other en- titled, an aet for the more impartial administration of justice in said prov-
612
1 MIDDLESEX CONVENTION.
ince ; and by enforcing all these iniquitous acts with a large armed force, to dragoon and enslave us.
Resolved, That the late act of parliament, entitled an act for the better regulating the government of the province of the Massachusetts Bay in New England, expressly acknowledges the authority of the charter, granted by their majesties king William and queen Mary, to said province ; and that the only reasons suggested in the preamble to said act, which is intended to deprive us of the privileges confirmed to us by said charter, are, the inex- pediency of continuing those privileges, and the charge of their having heen forfeited, to which charge the province has had no opportunity of answering.
Resolved, That a debtor may as justly refuse to pay his debts, because it is inexpedient for him, as the parliament of Great Britain deprive us of our charter privileges, because it is inexpedient to a corrupt administra- tion for us to enjoy them.
Resolved, That in all free states there must be an equilibrium in the legislative body, without which constitutional check, they cannot be said to be a free people.
Resolved, That the late act, which ordains a council to be appointed by his majesty, his heirs and successors, from time to time, by warrant un- der his or their signet or sign manual, and which ordains that said council- lors shall hold their offices respectively for and during the pleasure of his majesty, his heirs and successors, effectually alters the constitutional equili- brium, renders the councillors absolute tools and creatures, and entirely de- stroys the importance of the representative body.
Resolved, That no state can long exist free and happy, where the course of justice is obstructed, and that, when trials by juries, which are the grand bulwarks of life and property, are destroyed or weakened, a people falls im- mediately under arbitrary power.
Resolved, That the late act, which gives the governor of this province a power of appointing judges of the superior and inferior courts, commis- sioners of oyer and terminer, the attorney general, provosts, marshals, and justices of the peace, and to remove all of them, the judges of the superior court excepted, without consent of council, entirely subverts a free adminis- tration of justice ; as the fatal experience of mankiud, in all ages, has testi- fied, that there is no greater species of corruption, than when judicial and executive officers depend, for their existence and support, on a power inde- pendent of the people.
Resolved, That by ordaining jurors to be summoned by the sheriff only, which sheriff is to be appointed by the governor, without consent of coun- cil, that security which results from a trial by our peers is rendered alto- gether precarious, and there is not only an evident infraction upon our charter, but a subversion of our common rights as Englishmen.
Resolved, That every people have an absolute right of meeting together to consult upon common grievances, and to petition, remonstrate, and 11se every legal method for their removal.
613
MIDDLESEX CONVENTION.
Resolved, That the act which prohibits these constitutional meetings, cuts away the seaffolding of English freedom, and reduces us to a mnost abject state of vassallage and slavery.
Resolved, That it is our opinion, these late aets, if quietly submitted to, will annihilate the last vestiges of liberty in this province, and therefore we must be justified by God and the world, in never submitting to them.
Resolved, That it is the opinion of this body, that the present act, respecting the government of the province of Massachusetts Bay, is an artful, deep-laid plan of oppression and despotism, that requires great skill and wisdom to coun- teraet. This wisdom we have endeavored to collect from the united senti- ments of the county. And although we are grieved that we are obliged to mention any thing that may be attended with suel very important eouse- quences, as may now cnsuc, yet a sense of our duty as inen, as freemen, as christian freemen, united in the firmest bonds, obliges us to Resolve, that every civil officer now in commission in this provinee, and acting in con- formity to the late act of parliament, is not an officer agrecably to our ehar- ter, therefore unconstitutional, and ought to be opposed, in the manner hereafter recommended.
Resolved, That we will obey all those eivil officers, now in commission, whose commissions were issued before the first day of July, 1774, and sup- port them in the execution of their offices according to the inanner usual before the late attempt to alter the constitution of this provinee ; nay, even although the governor should attempt to revoke their commissions. But, that, if any of said officers shall accept a commission under the present plan of arbitrary government, or in any way or manner whatever, assist the gov- ernor or administration in the assault now making on our rights and liber- ties, we will consider them as having forfeited their commissions, and yield them no obedience.
Resolved, That whereas the Hon. Samuel Danforth and Joseph Lee, Esq's. two of the judges of the inferior court of common pleas for the county, have accepted commissions under the new aet, by being sworn members of his majesty's council, appointed by said act, we therefore look upon them as utterly incapable of holding any office whatever. And whercas, venires on the late aet of parliament, have issued from the court of sessions, signed by the clerk, we think they come under a preceding resolve, of acting in conformity to the new act of parliament. We therefore Resolve, that a sub- mission to courts thus acting, and under these disqualifications, is a submis- sion to the act itself, and of consequence, as we are resolved never to sub- mit in one iota to the act, we will not submit to courts thus constituted, and thus acting in conformity to said act.
Resolved, That as, in consequence of the former resolve, all business at the inferior court of common plcas and court of general sessions of the peace, next to be holden at Coneord, must cease ; to prevent the many in- conveniences that may arise therefrom, we Resolve, that all actions, writs, suits, &e., brought to said eourt, ought to remain in the same condition, as at present, unless settled by consent of parties, till we know the result of a
614
MIDDLESEX CONVENTION.
provincial and continental congress. And we Resolve, that no plaintiff, in ay cause, action, or writ, aforesaid, ought to enter said action in said court, thus declared to be unconstitutional. And we Resolve, if the court shall sit, in defiance to the voice of the county, and default actions and issue execu- tions accordingly, no officer ought to serve such process. And we are also determined to support all constables, jurors, and other officers, who, from these constitutional principles, shall refuse obedience to courts which we have resolved are founded on the destruction of our charter.
Resolved, That it is the opinion of this body of delegates, that a Provincial Congress is absolutely necessary in our present unhappy situation.
These are sentiments which we are obliged to express, as these acts arc intended immediately to take place. We must, now, either oppose them, or tamely give up all we have been struggling for. It is this that has forced us so soon on these very important resolves. However, we do it with hum- ble deference to the provincial and continental congress, by whose resolu- tions we are determined to abide ; to whom and the world we cheerfully appeal for the uprightness of our conduct.
On the wholc, these are "great and profound questions." We are grieved to find ourselves reduced to the necessity of entering into the discussion of them. But we deprecate a state of slavery. Our fathers left a fair inheri- tance to us, purchased by a waste of blood and treasure. This we are re- solved to transinit equally fair to our children after us. No danger shall af- fright, no difficulties intimidate us ; and if, in support of our rights, wc are called to encounter even deatlı, we are yet undaunted, sensible that he can never die too soon, who lays down his life in support of the laws and liber- ties of his country.
Which report being maturely deliberated,
Voted, That the sense of the whole body, respecting the same, be collect- ed by yeas and nays; which being done, there were one hundred and forty- six yeas, and four nays.
Voted, That it be recommended to the several towns and districts in this county, that each appoint one or more delegates to attend a provincial mect- ing, to be holden at Concord, on the second Tuesday of October next.
Voted, That a fair copy of the proceedings of this meeting, be made out, and forwarded to the grand Continental Congress, and also to the town clerk of each town in this county.
Voted, That the thanks of this meeting be given to the Hon. James Pres- cott, Esq, for his faithful services as chairman.
Voted, That this meeting be dissolved, and it was accordingly dissolved.
EBENEZER BRIDGE, Clerk.
615
ESSEX CONVENTION.
CONVENTION OF ESSEX COUNTY.
At a meeting of delegates from every town in the county of Essex, in the province of Massachusetts Bay, held at Ipswich, in the said county, on the 6th und 7th days of September, 1774, viz .: for
Salem-Hon. Richard Derby, Jun. Esq., Mr. Jolin Pickering, Jnul., Capt. Jonathan Gardner, Jun., Capt. Richard Manning, Capt. Timothy Pickering, Jun.
Danvers-Doct. Samuel Holten, Capt. William Shillaber.
Ipswich-Capt. Michael Farley, Mr. John Patch, 3d, Mr. Daniel Noyes, Mr. Jonathan Cogswell, Jun., Mr. Nathaniel Farley.
Newbury-Hon. Joseph Gerrish, Esq., Capt. Joseph Hale, Capt. Moses Little, Samuel Gerrish, Esq.
Newburyport-Capt. Jonathan Greenleaf, Tristam Dalton, Esq., Mr. Ste- phen Cross, Mr. Jolin Bromfield.
Marblehead-Jeremiah Lee, Esq., Azor Orne, Esq., Mr. Elbridge Gerry, Mr. Joshua Orne, Mr. William Dolliber.
Lynn-Capt John Mansfield, Mr. Daniel Mansfield.
Andover-James Frye, Esq., Mr. Joshua Holt, Mr. Samuel Osgood.
Beverly-Capt. Benjamin Lovet, Mr. Samuel Goodridge, Mr. Joseph Wood.
Rowley-Mr. Nathaniel Mighill, Daniel Spafford, Esq.
Salisbury-Nathaniel Currier, Esq., Mr. Samuel Smith, Mr. Heury Eaton.
Haverhill-Samuel White, Esq., Mr. Jonathan Webster, Mr. Isaac Red- dington, Mr. Joseph Haynes.
Gloucester-Daniel Witham, Esq., Capt. Peter Coffin, Mr. Samuel Whitte- more, John Low, Esq., Mr. Solomon Parsons.
Topsfield-Capt. Samuel Smith, Mr. John Gould, Mr. Enos Knight.
Almsbury-Mr. Winthrop Merrill, Mr. Caleb Pilsbury.
Bradford-Capt. Daniel Thurston, Mr. Peter Russell.
Wenham-Mr. Benjamin Fairfield, Capt. Jacob Dodge, Doct. Tyler Porter.
Manchester-John Lce, Esq., Capt. Andrew Masters, Mr. Andrew Wood- bury.
Methuen-Mr. Jolin Bodwell, Mr. John Sergeant.
Boxford-Capt. Asa Perley, Mr. Thomas Perley, Mr. Joseph Hovey.
Middleton-Capt. Archelaus Fuller, Mr. Ephraim Fuller, Doct. Silas Meriam.
Voted, That Jeremiah Lee, Esq., be chairman.
Several papers relative to the situation of our public affairs, and the alter- ation of our constitution and laws, intended by the late act of Parliament, for regulating the government of this province, as also the said act, being read; after consultation and debate liad thercon, a committee of nine per- sons were appointed to consider and report on the same. The committee reported a number of resolves, which they thought necessary to be entered
616
ESSEX CONVENTION.
into by the county at this time ; which resolves, after being read several times, debated on, and amended, were unanimously accepted, the delegates one by one, deelaring their assent.
The report is as follows :
The delegates appointed by the several towns in this county, to meet to- gether at this alarming crisis, to consider and determine on such measures as shall appear to be expedient for the county to adopt; deeply impressed with a sense of the importance of this delegation, of the abilities and quali- fications necessary for conducting our public affairs with wisdom and pru- dence, but with the firmness and resolution becoming freemen, with the re- speet and deferenee due to the sentinients of our brethren in the other coun- ties of the province, with submission to the future determinations of a pro- vineial assembly, and the decisions of the grand American Congress, do, in the name of the county, make the following resolves, viz. :
1. That the several acts of parliament which infringe the just rights of the colonies, and of this province in particular, being subjects of deliberation be- fore the Continental Congress, renders it expedient for this county to suspend their determinations respecting them ; except so far as their immediate ope- ration requires immediate opposition. That the act of parliament, entitled an act for the better regulating the government of the province of the Massachusetts Bay, in New England, being a most dangerous infraction of our constitutional and charter rights, and tending to a total subversion of the government of the province, and destruction of our liberties ; and having been, with uncommon zeal, with arbitrary exertions, and military violence, attempted to be carried into execution ; and this zeal, these exertions, and this violence still continuing : from the sacred regard, and the inviolable attachment we owe to those rights which are essential to and distinguish us as Englishmen and freemen ; and from a tender concern for the peace of .
this county, we are bound to pursue all reasonable measures, by which any attempts to enforce immediate obedience to that aet may be defeated.
2. That the judges, justices, and other civil officers in this county, appoint- ed agreeably to the charter and the laws of the province, are the only eivil officers in the county whom we may lawfully obey ; that no authority what- ever, can remove these officers, except that which is constituted pursuant to " the charter and those laws; that it is the duty of these officers to contin- ue in the execution of their respective trusts, as if the aforementioned act of parliament had never been made; and, that while they thus continue, un- tainted by any official conduct in conformity to that aet, we will vigorously support them therein, to the utmost of our power, indemnify them in their persons and property, and to their lawful doings yield a ready obedience.
3. That all civil officers in the province, as well as private persons, who shall dare to conduet in conformity to the aforementioned aet, for violating the charter and constitution of the province, are, and will be considered by this county, as its unnatural and malignant eneinies; and in the opinion of this body, such men, while they persist in such conduet, and so contribute to in-
617
ESSEX CONVENTION.
volve the colonies in all the horrors of a civil war, are unfit for civil society ; their lands ought not to be tilled by the labor of any American, nor their families supplied with clothing or food.
4. The fourth resolve, which respected Peter Frye, Esq., was omnitted by the direction of the delegates of Salem, Marblehead, and Danvers, they sup- posing liis frank and generous declaration inserted in the papers would give full satisfaction to the county, and render a publication of this resolve super- fluous and improper.
5. That a committee be raised to wait on the honorable William Brownc, Esq, of Salem, and acquaint him, that with grief this county has viewed his exertions for carrying into execution acts of parliament, calculated to en- slave and ruin his native land ; that while the county would continue the respect for several years paid him, it firinly resolves, to detach from every future connection with all such as shall persist in supporting, or in any way countenancing the late arbitrary edicts of parliament; that the delegates, in the naine of the county, request him to excuse them from the painful necessity of considering and treating him as an enemy to his country, and therefore, that he would resign his office as councillor on the late establishment, and decline as a judge, and in every other capacity, to exccute the late acts of parliament, and all others deemed by the province unconstitutional and op- pressive.
6. That in the opinion of this body, all town meetings in this county, ought to be called agrceably to the laws of the province and the ancient usage of the county.
7. That it is the opinion of this body of delcgates, that a provincial con- gress is absolutely necessary in our present unhappy situation ; and, that as writs are now issucd for the clection of representatives for a general as- sembly, to be held at Salem, on the fifth day of October next, the represen- tatives so elected will properly form such provincial congress. And it is further our opinion, that these representatives should be instructed by their several towns, to resolve themselves into a provincial congress accordingly ; if when assenibled, they shall deem it necessary or expedient; in order to consult and determine on such measures as they judge will tend to promote the truc interest of his majesty, and the peace, welfare, and prosperity of the province.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.