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 81
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
And whereas, in the last session of parliament, three statutes were made ; one entitled, " an act to discontinue in such manner and for such time as are therein mentioned, the landing and discharging, lading, or shipping of goods, wares, and merchandise, at the town, and within the harbor of Boston, in the province of Massachusetts Bay in North America ;" another entitled, "an act for the better regulating the government of the province of Massachu- setts Bay in New England ;" and another entitled, "an act for the impartial administration of justice, in the cases of persons questioned for any act done by them in the execution of the law, or for the suppression of riots and tu- mults, in the province of the Massachusetts Bay in New England :" And another statute was then made, " for making more effectual provision for the government of the province of Quebec, &c." All which statutes are impolitie, unjust, and cruel, as well as unconstitutional, and most dangerous and destructive of American rights :
JOURNAL OF THE CONTINENTAL CONGRESS. 733
And whereas, assemblies have been frequently dissolved, contrary to the rights of the people, when they attempted to deliberate on grievances; and their dutiful, humble, loyal, and reasonable petitions to the erown for re- dress, have been repeatedly treated with contempt, by his majesty's minis- ters of state :
The good people of the several colonies of New Hampshire, Massachu- setts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Neweastle, Kent, and Sussex on Delaware, Maryland, Virginia, North Carolina, and South Carolina, justly alarmed at these arbitrary proceedings of parliament and administration, lave severally elected, constituted, and appointed deputies to meet and sit in general eon- gress, in the city of Philadelphia, in order to obtain sueh establishment, as that their religion, laws, and liberties, may not be subverted: Whereupon, the deputies so appointed being now assembled, in a full and free represen- tation of these colonies, taking into their mnost serious consideration, the best means of attaining the ends aforesaid, do in the first place, as Englishmen, their ancestors, in like cases, have usually done, for effecting and vindicating their rights and liberties, deelare,
That the inhabitants of the English colonies in North America, by the immutable laws of nature, the principles of the English constitution, and the several charters or compacts, have the following rights :
Resolved, N. C. D. 1. That they are entitled to life, liberty, and property : and they have never eeded to any sovereign power whatever, a right to dis- pose of either without their consent.
Resolved, N. C. D. 2. That our ancestors, who first settled these colonies, were, at the time of their emigration from the mother country, entitled to all the rights, liberties, and immunities of free and natural born subjeets, within the realm of England.
Resolved, N. C. D. 3. That by such emigration they by no means forfeit- ed, surrendered, or lost any of those rights, but that they were, and their de- scendants now are, entitled to the exereise and enjoyment of all such of them, as their local and other circumstances enable them to exercise and enjoy.
Resolved, 4. That the foundation of English liberty and of all free gov- ernment, is, a right in the people to participate in their legislative council : and as the English colonists are not represented, and from their local and other circumstances cannot properly be represented in the British parlia- ment, they are entitled to a free and exelusive power of legislation in their several provincial legislatures, where their right of representation can alone be preserved, in all cases of taxation and internal polity, subject only to the negative of their sovereign, in suel manner as has been heretofore used and accustomed. But from the necessity of the ease, and a regard to the mutu- al interests of both countries, we cheerfully consent to the operation of such acts of the British parliament, as are bona fide, restrained to the regulation of our external comnerce, for the purpose of securing the commercial advan- tages of the whole empire to the mother country, and the commercial bene-
734 JOURNAL OF THE CONTINENTAL CONGRESS.
fits of its respective members ; excluding every idea of taxation internal or external, for raising a revenue on the subjects in America without their con- sent.
Resolved, N. C. D. 5. That the respective colonies are entitled to the common law of England, and more especially to the great and inestima- ble privilege of being tried by their peers of the vieinage, according to the course of that law.
Resolved, 6. That they are entitled to the benefit of such of the English statutes, as existed at the time of their colonization ; and which they have, by experience, respectively found to be applicable to their several local and other circumstances.
Resolved, N. C. D. 7. That these, his majesty's colonies, are likewise entitled to all the immunities and privileges granted and confirmed to them by royal charters, or secured by their several codes of provincial laws.
Resolved, N. C. D. 8. That they have a right peaceably to assemble, con- sider of their grievances, and petition the king ; and that all prosecutions, prohibitory proclamations, and commitments for the same, are illegal.
Resolved, N. C. D. 9. That the keeping a standing army in these colonies, in time of peace, without the consent of the legislature of that colony in which such army is kept, is against law.
Resolved, N. C. D. 10. It is indispensably necessary to good government, and rendered essential by the English constitution, that the constituent branches of the legislature be independent of each other ; that, therefore, the exercise of legislative power in several colonies, by a council appointed during pleasure, by the crown, is unconstitutional, dangerous, and destruc- tive to the freedom of American legislation.
All and each of which, the aforesaid deputies, in behalf of themselves and their constituents, do claim, demand, and insist on, as their indubitable rights and liberties; which cannot be legally taken from them, altered, or abridged by any power whatever, without their own consent, by their repre- sentatives in their several provincial legislatures.
In the course of our inquiry, we find many infringements and violations of the foregoing rights, which, from an ardent desire that harmony and mutu- al intercourse of affection and interest may be restored, we pass over for the present, and proceed to state such acts and measures as have been adopted since the last war, which demonstrate a system formed to enslave America.
Resolved, N. C. D. That the following acts of parliament are infringe- ments and violations of the rights of the colonists ; and that the repeal of them is essentially necessary, in order to restore harmony between Great Britain and the American colonies, viz. :
The several aets of 4 Geo. III. ch. 15. and eh. 34 .- 5 Geo. Ill. ch. 25 .- 6 Geo. III. ch. 52 .- 7 Geo. III. eh. 41. and eh. 46 .- 8 Geo. III. ch. 22. which impose duties for the purpose of raising a revenue in America, extend the power of the admiralty courts beyond their ancient limits, deprive the American subject of trial by jury, authorize the judges, certificate to indem- nify the prosecutor from damages, that he might otherwise be liable to, re-
JOURNAL OF THE CONTINENTAL CONGRESS. 735
quiring oppressive security from a claimant of ships and goods seized, be- fore he shall be allowed to defend his property, and are subversive of Amer- ican riglits.
Also, 12 Gco. III. ch. 24. entitled, "an act for the better securing his maj- esty's doek-yards, magazines, ships, ammunition, and stores," which de- clares a new offence in Aincriea, and deprives the American subject of a constitutional trial by a jury of the vicinage, by authorizing the trial of any person charged with the committing any offence described in the said aet out of the realm, to be indicted and tried for the same in any shirc or coun- ty within the realm.
Also, the three acts passed in the last session of parliament, for stopping the port and blocking up the harbor of Boston, for altering the charter and government of Massachusetts Bay, and that which is entitled, "an act for the better administration of justice, &c."
Also, the act passed in the same session for establishing the Roman Cath- olic religion in the province of Quebec, abolishing the equitable system of English laws, and erecting a tyranny there, to the great danger, from sp to- tal a dissimilarity of religion, law, and government, of the neighboring Brit- ish colonies, by the assistance of whosc blood and treasure the said country was conquered from France.
Also, thic act passed in the same session for the better providing suitable quarters for officers and soldiers in his majesty's service in North America.
Also, that the keeping a standing army in several of thesc colonies, in time of peace, without the consent of the legislature of that colony in which such army is kept, is against law.
To these grievous acts and measures Americans cannot submit : but in hopes their fellow subjects in Great Britain will, on a revision of them, re- storc ns to tliat state, in which both countries found happiness and prosperi- ty, we have, for the present, only resolved to pursue the following peaceable measures : 1. To enter into a non-importation, non-consumption, and non- exportation agreement or association. 2. To prepare an address to the peo- ple of Great Britain, and a memorial to the inhabitants of British America: And 3. To prepare a loyal address to his majesty, agreeable to resolutions already entered into.
OCT. 20, 1774.
The association being copied, was read and signed at the table, and is as follows :
Non-Importation Covenant.
We, his majesty's most loyal subjcets, the delegates of the scveral colo- nies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower counties of New Castle, Kent and Sussex, on Delaware, Maryland, Virginia, North Carolina, and South Carolina, deputed to represent them in a Continental Congress,
736 JOURNAL OF THE CONTINENTAL CONGRESS.
held in the city of Philadelphia, on the 5th day of September, 1774, avow- ing our allegiance to his majesty, our affection and regard for our fellow- subjects in Great Britain and elsewhere, affected with the deepest anxiety, and most alarming apprelicnsions, at those grievances and distresses, with which his majesty's American subjects are oppressed ; and having taken under our most serious deliberation, the state of the whole continent, find, that the present unhappy 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 British empire. In prosecution of whichi system, various acts of parlia- ment liave been passed, for raising a revenue in America, for depriving the American subjects, in many instances, of the constitutional trial by jury, ex- posing their lives to danger, by directing a new and illegal trial beyond the seas, for crimes alleged to liave been committed in America : and in prose- cution of the same system, several late, cruel and oppressive acts liave been passcd, respecting the town of Boston and the Massachusetts Bay, and also an act for extending the province of Quebec, so as to border on the western frontiers of thesc colonics, establishing an arbitrary government therein, and discouraging tlic settlement of British subjects in that wide cxtended country ; thus, by the influence of evil principles and ancient prejudices, to dispose tlic inhabitants to act with hostility against the free Protestant col- onies, whenever a wicked ministry shall choose to direct them.
To obtain redress of these grievances, which threaten destruction to the lives, liberty, and property of his majesty's subjects, in North America, we are of opinion, that a non-importation, non-consumption, and non-exporta- tion agreement, faitlifully adhered to, will prove the most spcedy, effectual, and peaceable measure : and, therefore, we do, for ourselves, and the inhab- itants of the several colonics, whom we represent, firmly agrec and associ- ate, under the sacred ties of virtue, honor, and love of our country, as fol- lows :
1. That from and after the first day of December next, we will not im- port, into British America, from Great Britain or Ireland, any goods, wares or merchandise whatsoever, or from any other place, any such goods, wares or merchandise, as shall have been exported from Great Britain or Ireland ; nor will we, after that day, import any East India tea from any part of the world; nor any molasses, syrups, panelcs, coffee, or pimento, from the Brit- ish plantations or fromn Dominica ; nor wines from Madeira, or the Western Islands ; nor foreign indigo.
2. We will neither import nor purchase, any slave imported after the first day of December next; after which time, we will wholly discontinue the slave trade, and will neither be concerned in it ourselves, nor will we hire our vessels, nor sell our commodities or manufactures to those who are con- cerned in it.
3. As a non-consumption agreement, strictly adhercd to, will be an effec- tual security for the observation of the non-importation, we, as above, sol- emnly agree and associate, that from this day, we will not purchase or use
1
JOURNAL OF THE CONTINENTAL CONGRESS. 737
any tea, imported on account of the East India company, or any on which a duty hath been or shall be paid; and from and after the first day of March next, we will not purchase or use any East India tea whatever ; nor will we, nor shall any person for 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 cause to suspect, were imported after the first day of December, except such as come under the rules and directions of the tenth article hereafter mentioned.
4. The earnest desire we have not to injure our fellow subjects in Great Britain, Ireland, or the West Indies, induces us to suspend a non-exporta- tion, until the tenth day of September, 17.5; at which time, if the said acts and parts of acts of the British parliament, hereinafter mentioned, are not repealed, we will not directly or indirectly, export any merchandise or com- modity whatsoever to Great Britain, Ireland, or the West Indies, except rice to Europe.
5. Such as are merchants, and use the British and Irislı trade, will give orders, as soon as possible, to their factors, agents, and correspondents, in Great Britain and Ireland, not to ship any goods to them, on any pretence whatsoever, as they cannot be received in America; and if any merchant, residing in Great Britain or Ireland, shall, directly or indirectly, ship any goods, wares or merchandise, for America, in order to break thie said non- importation agreement, or in any manner contravene the same, on such un- worthy conduct being well attested, it ought to be made public ; and, on the same being so done, we will not, from thenceforth, have any commercial connexion with such merchant.
6. That such as are owners of vessels will give positive orders to their captains or masters, not to receive on board their vessels any goods proliib- ited by the said non-importation agreement, on pain of immediate dismis- sion from their service.
7. We will use our utmost endeavors to improve the breed of sheep, and increase their number to the greatest extent; and to that end, we will kill them as seldom as may be, especially those of the most profitable kind; nor will we export any to the West Indies or elsewhere ; and those of us, wlio are or may become overstocked with, or can conveniently spare any slicep, will dispose of them to our neighbors, especially to the poorer sort, on mod- erate terms.
8. We will, in our several stations, encourage frugality, economy, and in- dustry, and promote agriculture, arts, and the manufactures of this country, especially that of wool ; and will discountenance and discourage every spe- cies of extravagance and dissipation, especially all horse-racing, and all kinds of gaming, cock-fighting, exhibitions of shows, plays, and other ex- pensive diversions and entertainments ; and on the death of any relation or friend, none of us, or any of our families, will go into any further mourning dress, than a black crape or ribbon on the arm or hat, for gentlemen, and a black ribbon or necklace for ladies, and we will discontinue the giving of gloves and scarves at funerals.
93
738 JOURNAL OF THE CONTINENTAL CONGRESS.
9. Such as are venders of goods or merchandise will not take advantage of the scarcity of goods, that may be occasioned by this association, but will sell the same at the rates we have been respectively accustomed to do for twelve months last past. 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 or depart from this agreement, no person ought, nor will any of us deal with any such person, or his or her factor or agent, at any time thereafter, for any commodity whatever.
10. In case any merchant, trader, or other person, shall import any goods or merchandise, after the first day of December, and before the first day of February next, the same ought, forthwith, at the election of the owner, to be either rc-shipped, or delivercd up to the committee of the county or town wlicrein they shall be imported, to be stored at the risk of the importer, un- til the non-importation agreement shall cease, or be sold under the dircc- tion of the committce aforesaid ; and in the last mentioncd case, the owner or owners of such goods shall be reimbursed out of the sales, the first cost and charges ; the profit, if any, to be applied towards relieving and employ- ing such poor inhabitants of the town of Boston, as are immediate sufferers by the Boston port-bill; and a particular account of all goods so returned, stored, or sold, to be inserted in the public papers; and if any goods or merchandise shall be imported after the said first day of February, the same ought forthwith to be sent back again, without breaking any of the packages thereof.
11. That a committee be chosen in every county, city, and town, by those who are qualified to vote for representatives in the legislature, whose busi- ness it shall be, attentively to observe the conduct of all persons touching this association ; and when it shall be made to appear, to the satisfaction of a majority of any such committee, that any person 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, that all such foes to the rights of British America may be publicly known, and universally contemned as the enemies of American liberty ; and thence- forth, we, respectively, will break off all dealings with him or her.
12. That the committees of correspondence, in the respective colonies, do frequently inspect the entries of their custom-houses, and inform each oth- er, froin time to time, of the true state thereof, and of every other material circumstance that may occur relative to this association.
13. That all manufactures of this country be sold at reasonable prices, so that no undue advantage be taken of a future scarcity of goods.
14. And we do further agree and resolve, that we will have no trade, commerce, dealings, or intercourse whatsoever, with any colony or province, in North America, which shall not accede to, or which shall hereafter vio- Jate this association, but will hold them as unworthy of the rights of free- men, and as inimical to the liberties of their country.
And we do solemnly bind ourselves and our constituents, under the ties aforesaid, to adhere to this association, until such parts of the several acts
JOURNAL OF THE CONTINENTAL CONGRESS. 739
of parliament passed since the close of the last war, as impose or continue duties on tea, wine, molasses, syrups, paneles, coffee, sugar, pimento, indi- go, foreign paper, glass, and painters' colors, imported into America, and extend the powers of the admiralty courts beyond their ancient limits, de- prive the Anerican subject of trial by jury, authorize the judge's certificate to indemnify the prosecutor from damages that he might otherwise be liable to, from a trial by his peers, require oppressive security from a claimant of ships or goods seized, before he shall be allowed to defend his property, are repealed-and until that part of the act of the 12th G. 3. ch. 21, entitled "an act for the better securing his majesty's dock-yards, magazines, ships, ammunition and stores," by which any persons 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 the last session of parliament, viz. : that for stopping the port and blocking up the harbor of Boston-that for altering the charter and government of the Mas- sachusetts Bay-and that which is entitled " an act for the better adminis- tration of justice, &c."-and that " for extending the limits of Quebec, &c." are repealed. And we recommend it to the provincial conventions, and to the committees in their respective colonies, to establish such further regula- tions as they may think proper, for carrying into execution this association.
The foregoing association being determined upon by the Congress, was ordered to be subscribed by the several members thereof; and thereupon, we have hereunto set our respective names accordingly.
IN CONGRESS, PHILADELPHIA, OCTOBER 24,
Signed, PEYTON RANDOLPH, President.
New Hampshire. .... JOHN SULLIVAN, NATHANIEL FOLSOM.
Massachusetts Bay .. THOMAS CUSHING, SAMUEL ADAMS, JOHN ADAMS, ROBERT TREAT PAINE.
Rhode Island . STEPHEN HOPKINS, SAMUEL WARD.
Connecticut . . . . ELIPHALET DYER, ROGER SHERMAN, SILAS DEANE.
New York . ISAAC LOW, JOHN ALSOP, JOHN JAY, JAMES DUANE, WILLIAM FLOYD,
740 JOURNAL OF THE CONTINENTAL CONGRESS.
New York . HENRY WISNER, S. BOERUM, PHILIP LIVINGSTON.
New Jersey . JAMES KINSEY,
WILLIAM LIVINGSTON,
STEPHEN CRANE,
RICHARD SMITH,
JOHN DE HART.
Pennsylvania . .JOSEPH GALLOWAY,
JOHN DICKINSON,
CHARLES HUMPHREYS,
THOMAS MIFFLIN,
EDWARD BIDDLE,
JOHN MORTON,
GEORGE Ross.
New Castle, &c. . .... CESAR RODNEY,
THOMAS M'KEAN,
GEORGE READ.
Maryland. MATTHEW TILGHMAN,
THOMAS JOHNSON,
WILLIAM PACA,
SAMUEL CHASE.
Virginia RICHARD HENRY LEE,
GEORGE WASHINGTON,
P. HENRY, JR.,
RICHARD BLAND,
BENJAMIN HARRISON,
EDMUND PENDLETON.
North Carolina WILLIAM HOOPER, JOSEPH HEWES, R. CASWELL.
South Carolina. .HENRY MIDDLETON, THOMAS LYNCH, CHRISTOPHER GADSDEN, JOHN RUTLEDGE, EDWARD RUTLEDGE.
MAY 11, 1775.
Mr. Hancock laid before the Congress a letter from the Provincial Con- gress of Massachusetts Bay, together with certain resolutions formed by said Congress, and a copy of a letter, sent by said Congress to their agent in England, and an address to the inhabitants of Great Britain, on the late
,
JOURNAL OF THE CONTINENTAL CONGRESS. 741
engagement between the troops under Gen. Gage, and the inhabitants of Massachusetts Bay ; and also a number of depositions, duly attested, rela- tive to the commencement of said hostilities, all which were read.
Ordered, That the secretary have the depositions and the address to the inhabitants of Great Britain published.
Resolved, N. C. D. That the Congress will, on Monday next, resolve itself into a committee of the whole, to take into consideration the state of Amer- ica.
Ordered, That the letter from the Provincial Congress of Massachusetts Bay, be referred to that committee.
JUNE 2, 1775.
The president laid before the Congress a letter from the Provincial Con- vention of Massachusetts Bay, dated May 16, which was read, setting forth the difficulties they labor under for want of a regular form of government, and as they and the other colonies are now compelled to raise an army to defend themselves from the butcheries and devastations of their implacable enemies, which renders it still more necessary to have a regular established government, requesting the Congress to favor them with "explicit advice respecting the taking up and exercising the powers of eivil government," and declaring their readiness to " submit to such a general plan as the Con- gress may direct for the colonies, or make it their great study to establish such a form of government there, as shall not only promote their advan- tage, but the union and interest of all America."
Ordered, To lie on the table for farther consideration.
Doct. Benjamin Church being directed by the convention of Massachu- setts Bay, to confer with the Congress respecting such matters, as may be necessary to the defence of that colony, and particularly the state of the army therein,
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.