USA > Massachusetts > Worcester County > Leicester > Topographical and historical sketches of the town of Leicester : in the Commonwealth of Massachusetts: furnished for the Worcester magazine and historical journal > Part 5
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which, they cannot but think, is contrary to the rights of man, sub- versive of the English constitution, and directly tending to bring them into a state of abject slavery and vassalage : that they purchas- ed and settled this country, without expense to Great Britain, and have cheerfully contributed to advance her glory and prosperity, and therefore expect all the privileges of citizens of that govern- ment : that they esteem it an essential privilege to be taxed by their representatives, and that they had no voice in levying the stamp act, so burdensome, especially, upon the widow and father- less." The instructions also refer to the stretch of admiralty pow- ers of the court, more alarming than the stamp act itself, "by which, every man, at the option of a malicious informer, is liable to be carried a thousand miles before a court of vice admiralty ; there tried without jury, amerced by an arbitrary judge, and taxed with costs, as he shall please ; and if the parties have not where- with to satisfy the same, to die in prison in a foreign land, without friends to bury them : this we apprehend to be repugnant to the magna charta, by which no freeman shall be taken, imprisoned, or deprived of his liberties, or free customs, nor passed upon, nor con- demned, but by the lawful judgment of his peers, or by the law of the land. The love we bear to our fellow subjects of Great Britain, the love and duty we owe to ourselves and posterity, yea, the first instinct of nature, the great law of self preservation, all appear contrary to said act." They proceed to lament the state into which the country was thrown, and reprobate, in the strongest terms, the riots that had taken place : they express their surprise and regret at the Governor's imputing these to the people of the Province ; charge the representative by no means to agree to any thing which might show a willingness to submit to the obnoxious acts of Parliament, nor to consent to make good the damages sus- tained by the Governor in the riot, since that might lead to such practices in future.
Our extracts, though somewhat liberal, convey but a slight idea of the spirit, or style and language of the paper. Its length alone, precludes our inserting it entire ; for nothing can better show the precise state of public feeling, at that time, than documents like this, in which it is so undisguisedly expressed. We cannot but again repeat our surprise, at the high state of excitement which so early prevailed in a community, which was, comparatively, destitute of newspapers and posts, by which, at the present day, a feeling in, one part of the nation is, at once, communicated to every part. The
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men, who, in language like that we have transcribed, could talk of the principles of the British constitution, the magna charta, and of trial by jury, were but a chance selection from the general mass of the people, pursuing the same callings, and possessing the same advantages with them, and during an adjournment of their meeting for an hour, wrought such sentiments into a report which was unan- imously accepted by the people of the town. It is unnecessary to repeat, that the efforts of their representative, in pursuance of his instructions, were unavailing. The continued aggressions of the crown disclosed, how little the government regarded the first mov- ings of that mighty flood that was to overwhelm them.
After the dissolution of the General Court of the Province, by the Governor, in 1768, the town of Boston passed several very spir- ited resolutions ; in accordance with these, and in consequence of the alarming crisis of affairs, this town adopted sundry resolutions, in which they condemn the dissolution of General Court, and the delay in summoning another, as real grievances, and chose a dele- gate to meet with a convention, in Boston, called by the recommen- dation of the people of that town, in consequence of the delay of the Governor in calling a new General Court. Capt. John Brown was chosen their delegate, and instructed not to suffer any thing to be done rashly, and that every mild measure be adopted that might be consistent with the duties of Englishmen, claiming their rights.
This town very promptly united in preventing the importation of English goods, with those, who hoped, by this measure, to make the people in the various sections, feel the importance of the Amer- ican market for their prosperity, and therefore combine, to prevent the ministry from persevering in measures, so ruinous to the moth- er country, as well as the colonies. At a town meeting, held in January, 1770, they voted not to purchase of those merchants in Boston, who imported goods from Great Britain ; and at the same time, voted their thanks to those merchants, who, by refusing to import such goods, sacrificed their own interest to the good of their country .*
* This meeting was called, in consequence of the following petition, from sundry individuals to the Selectmen, dated Dec. 25, 1769, viz .- Whereas, there are several persons in this province who have sordidly detached them- selves from the public interest, and have taken advantage of the agreement entered into by the merchants for non-importation, thereby endeavoring to defeat their noble design of saving their country from slavery: We, the subscribers, will endeavor, by all lawful means, to prevent their base designs, and for that end, we pray that you will grant a warrant for the calling a town meeting, to act on the following articles, viz .- To vote that any person,
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The defect of newspapers at that day was, so far as the oppo- sition to the crown was concerned, pretty well supplied by pam- phlets and similar publications from the press, which were liber- ally scattered through the land. Whatever was thus sent, was sure to be read. The selectmen of this town, having received one of these, together with a circular letter from the town of Boston, in 1772, immediately summoned the town together to hear them read. The pamphlet was one " wherein the rights of the colonists, and the infringement thereof, are set forth." After hearing it, the town voted, that " the rights, as there stated, do belong to the inhabitants of this province," and chose a committee, of which Capt. Brown was chairman, to prepare resolutions in accord with the pamphlet. Among these, they express their allegiance to the King ; their wil- lingness to risk their lives and fortunes in defence of their rights ; that Parliament had passed laws subversive of their rights and priv- ileges ; that " the British Parliament, or any other power on earth, had no right to dispose of one cent of their property without their consent, in person, or by representatives ; and that carrying any per- son out of this province, or beyond sea, for any supposed crime, is contrary to the magna charta, and unconstitutional." They, at the same time, gave instructions to their representative, Thomas Den- ny, Esq. wherein they recapitulate the wrongs to be redressed. Among others, that the Governor is independent of the people for his salary, and the Judges dependent on the crown, when they ought to be independent both of prince and people, in order to an impartial administration of justice ; and upon this subject they quote
being an inhabitant of Leicester, who shall, directly, or indirectly, purchase any goods, or merchandize, of John Barnard, James and Patrick McMasters, John Mein, Anne and Elizabeth Cummings, all of Boston, Henry Barnet, of Marlborough, Dunkin & Campbell, of Worcester, or any other person who imports goods from Great Britain, or shop keeper who purchases goods of an importer, contrary to the agreement entered into by the merchants of Boston, such persons, so offending, shall be deemed enemies to America, and as such, shall be recorded in the town's book of records."
This was from the pen of Col. William Henshaw, and was signed by twen- ty eight persons, among whom were Nathan Sargent, David Henshaw, John Southgate, Thomas Newhall, &c.
In May, 1770, a company of forty six men, from this town, formed them- selves into a body, for the purpose of learning the manual exercise, drill, &c. of the soldier. They elected Wm. Henshaw their Captain, Seth Washburn, Lieutenant, and Samuel Denny, Ensign ; and so intent were they upon be- coming properly instructed in these essential qualifications of soldiers, that they devoted certain afternoons in each week for the purpose, and punctually attended to the duty, although the season of the year seemed to require their constant attention to their farms. Five only of the company yet survive : Benjamin Watson, William Watson, Marmaduke Earle, Abner Dunbar, and Jonathan Hubbard.
VOL. II.
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freely, from a popular and patriotic work of the day, whose author is not given. They urge a petition to the King, in hopes of success, as the Earl of Hillsborough had then been dismissed from the min- istry and a nobleman friendly to the colonies succeeded him. They, at the same time, recommended an intercourse with the other col- onies "as we are embarked in a common cause." "In fine, when we reflect upon the evils our forefathers underwent in the settle- ment of this country, the dangers to which they stood continually exposed from an insidious and blood thirsty foe, and the blood and treasure they expended, we think ourselves justly entitled to all the calamities an envious despot can heap upon us, should we tame- ly and pusillanimously suffer the execution of them," (the laws re- specting the colonies.) " It would be despising the bounties of our creator ; an infamous prostitution of ourselves, and a total disregard to posterity."
We do not feel at liberty, in the space allotted us, to make ex- tracts from all the resolutions which were passed by the inhabitants of this town : for there was not a year elapsed, in which they did not express a sense of their grievances, and that with a degree of determination, constantly gaining strength and boldness, as the strug- gle progressed. We cannot forbear adding a few more extracts, to those we have already given.
In 1773, the town again chose Thomas Denny their Repre- sentative, and, among other instructions to him, recommend a stand- ing committee of correspondence, as suggested by the House of Burgesses of Virginia, and enjoin upon him an effort to put an end to slavery and the slave trade in this province. In December, of the same year, they expressed their feelings upon the continued encroachments of the Crown, and denounced the levy of duties on imported articles, pledging themselves to oppose, to the utmost of their power, and at the hazard of their lives, any imposition un- constitutionally laid upon them. They, at the same time, resolved that they would not use any tea, " while loaded with a tribute, con- trary to their consent," and that, whoever shall use "that destruc- tive herb," shall be deemed inimical to his country, as endeavor- ing to counteract the doings of those, who were zealous for its well- fare. A resolution of thanks to Boston, was voted. A committee of fourteen was appointed, to examine as to the use of tea in town, and to report the names of those who made use of it. And a copy of these resolutions was sent to the committee of correspondence in Boston.
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In May, 1774, after the harbor of Boston had been blocked up, by order of the British Parliament, a circular letter was received from Boston, to which the town immediately replied, expressing a spirit of becoming indignation at such an act of tyranny, and assur- ed the Bostonians of the readiness of the people of this town to stand by them in their distress. "The cause," say they, " is in- teresting to all America, and all America must be convinced of this great truth, that by uniting, we shall stand."
The Court of Sessions of this county, this year, had made an address to the Governor, in which they reflected, with great se- verity, upon the conduct of the friends of liberty, calling their meetings, mutinous and tumultuous. This, immediately, in July, brought the inhabitants of this town together, and in a series of spirited resolutions, they expressed the feelings which that address had excited. They lamented the melancholy state of affairs, and, after stating that "their meeting was not holden riotously, tumul- tuously, and seditiously, but soberly and seriously, as men, as free- men, and as christians," they recapitulated their rights under the charters of Charles, and William and Mary, " to the end that pos- terity may know what our claims are, and to what struggles we are called in defence of them." They then resolved, "that any power that shall attempt to nullify, or destroy said charter, in the whole, or in part, put, itself into a state of war with the Province :" that they would, "even to the risque of their lives and fortunes, support and maintain the execution of the laws of this Province, as established by the charter and Legislature thereof:" that they would not purchase any goods imported from England, after the 31st of August, then next, nor purchase of any importer, any goods, until the harbor of Boston be opened and the tea duty taken off :" and that " it is the duty of all of the age of discretion, to inform themselves of their rights as men, as members of society, and by the English constitution." In addition to these, which are but a part of a series of the resolutions then passed, they deny the assertions contained in the address of the Court,and condemn, it in the strong- est terms. A covenant not to purchase goods imported from Eng- land, had, before this time, been signed by many in town, and a com- mittee was appointed to present this covenant to all persons who had not already signed it. This, it will be recollected, was in July, 1774 : in September, of the same year, the town met, and voted, to mount their cannon, and directed the selectmen to attend to all those not provided with fire arms. They also voted, that all differences between individuals should be settled by reference.
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The General Court was ordered to be convened at Salem, in October of the same year, and Thomas Denny was again chosen to represent this town. He was instructed to refuse to be sworn by any person, except such as might be appointed according to the charter; and by no means to be sworn by the Lieutenant Governor, " who has taken the oaths as counsellor by mandamus from the King :" nor to act with the council appointed by - mandamus : and that he should refuse to adjourn to Boston while garrisoned by troops: if any thing impeded their acting at Salem, he was directed to repair to Concord, and join the Provincial Congress, to be con- vened there on the second Tuesday of October. At a subsequent meeting, they concluded not to send any other member to the Con- gress than Col. Denny, and in their instructions to him, in that ca- pacity, they directed him to endeavor to have the militia put upon the most respectable footing : to provide cannon for each town; "for we know not, say they, how soon we may be called to action :" that the Treasury be removed from Boston ; to enquire why Bos- ton neck and common is entrenched, and to cause the fortifications to be demolished ; that the daily loss sustained by that town be es- timated, and that the non-consumption covenant be religiously ob- served ; a proper intercourse kept up with the other colonies, and Canada, and Nova Scotia, in order to unite them. He is also di- rected, " to endeavor that those contumacious persons who have endeavored to subvert the government, by being sworn, and acting as counsellors by mandamus, be apprehended, and held to trial;" and that a day of thanksgiving and prayer be set apart to God, for his goodness the past year in discovering the machinations of their enemies, and for the bounties of his Providence. Col. Denny attended this Congress, but was taken sick at Cambridge, where it was sitting, returned to Leicester, and Col. Joseph Henshaw was chosen to supply his place. In the same year, in November, the town procured one barrel of powder, and four hundred weight of balls, for their cannon, and appointed a committee " to supply those who might be called to march in defence of their rights, with pro- visions."* In December, a committee was chosen, to carry into ef-
* Resolutions, expressing the feelings that then actuated every class, were formed, to aid the general cause. At a meeting of the Blacksmiths of the County of Worcester, holden at Worcester, on the 8th of November, 1774, at which Ross Wyman was chairman, and Timothy Bigelow was clerk, they re- solved not to work for any persons whom they esteemed enemies to their country, from and after the first day of the next December. These were the tories, counsellors by mandamus who had not resigned, every one who pub- licly addressed Gov. Hutchinson at his departure from the province, and
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fect the resolves of the Continental and Provincial Congresses, the only law givers they then acknowledged. This committee consist- ed of Col. Joseph Henshaw, Hezekiah Ward, Esq. Capt. Jonathan Newhall, Joseph Sargent, Seth Washburn, Samuel Denny, Thom- as Newhall, and Samuel Green. The town appointed men to man- age their cannon, and voted to have a contribution taken up, for the benefit of the poor in the town of Boston. The Provincial Congress had recommended to the several towns, to withhold the amount of their annual taxes from Harrison Gray, who was the State Treasurer under the royal government, before the commence- ment of the difficulties in the colonies, and was still Treasurer ; and that they should pay them over to Henry Gardiner, Esq. of Stow, as the Treasurer for the province. With this recommendation, the town complied, and directed the amount of their taxes to be paid accordingly .* The militia of the town were called together, and a company of minute men drafted, who were to be ready to march whenever occasion required, at the shortest notice. Each soldier signed articles of enlistment, prepared by a committee of the town. This company was put under the command of Capt. Seth Wash- burn.
Col. Joseph Henshaw was again chosen representative to the Provincial Congress, in 1775, and urgently enjoined to procure that body to assume the powers of government, to prevent that an- archy and ruin with which the state was threatened. This was, indeed, a dark and trying hour. The arm of civil power had been unnerved. The same acts that resisted the tyranny of the mother government, annihilated the salutary restraint of those laws which had been enacted, for there was no power to execute them. It seemed as if the land was to become a prey to the abandoned and unprincipled. But there was found to be a redeeming power in the land; a power before which the wicked trembled, and the
every person exercising authority to carry into execution any of the oppres- sive acts of Parliament. It was particularly resolved, that they would do no work for Timothy Ruggles, of Hardwick, John Murray, of Rutland, and James Putnam, of Worcester, Esq'rs. nor for any one in their employment. They also refused to work for all who had not signed the " non-consumption covenant," as it was called, and not only these, but every one, who should work for, or be employed by these interdicted persons. And in addition to their own resolutions, which they printed, they called upon all denominations of artificers to form similar associations and agreements. To these resolutions the names of forty three were affixed, among which was that of Seth Wash- burn, from Leicester.
* Mr. Gardiner was, afterwards, the first State Treasurer under the consti- tution of 1780.
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strong bowed; the force of public and patriotic feeling was suffi- cient to check all disorders. At the meeting, in December, 1774, the town voted to aid the civil officers in arresting and securing riotous and disorderly persons, thus giving to the officers of justice the aid of public opinion, the most powerful of all supports.
In January succeeding, (1775) the town voted a bounty to each minute man, and, if called to march, (as they express an opinion they will be, before May then next,) to be allowed " the province pay," and they provided them all with ball pouches. All who were engaged in the province service were exempt from taxation, and yet, amidst all these fearful notes of preparation, though an at- tempt was made to suspend the schools and repairs to the highways, the town refused to suspend them. For the first six months of the year, they were represented in the Provincial Congress, by Deac. Oliver Watson, of Spencer, (then forming a district of Leicester, for the purposes of representation) : for the remainder of the year, they were represented by Hezekiah Ward, Esq. In 1776, they chose Seth Washburn, to represent them in the General Assembly, and instructed him, by no means to consent to stopping the passage into Boston harbor, as had been proposed by the former Assembly, to prevent the enemy again coming into port, because it would tend to ruin the trade of Boston entirely. For some time before the de- claration of Independence, by the Congress of 1776, had been made, the policy of that measure had been freely discussed, and advocat- ed, or condemned, according to the hopes and wishes of the disput- ants. A meeting was had, in May, 1776, the 22d day of the month, in this town, for the express purpose of seeing if the town would uphold Congress in declaring the colonies independent of Great Britain, when they unanimously voted " that in case the Hon. the Continental Congress should declare the colonies independent of Great Britain, they would support said Congress in effectuating such a measure at the risque of their lives and fortunes." And when, in July, this declaration was received, it was read, agreeably to the order of Council, in church, by the minister, the first Lord's day after receiving it, and was recorded, in a fair legible hand, at full length, in the records of the town. The Hon. Joseph Allen, now of Wor- cester, was then their clerk. He had taken an active part in all the transactions of the day ; and, if we mistake not, some of the most spirited and interesting papers upon the records of the town were the production of his pen .*
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* We regret that we are not able to trace each of these to their proper
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But it was not by resolutions and instructions, however spirited, alone, that the people of this town showed their adherence to the cause of liberty. They made many and great sacrifices of their wealth, their ease, and comfort, and of lives too. We feel safe in affirming, that they promptly answered every call for men, or mon- ey, or provisions, during the war of the Revolution. Every quota of men was fully furnished, and, in many cases, this became extremely burdensome, since the first who enlisted into the Continental Army, instead of enlisting for three years, entered the Army "during the war," and it was with difficulty, and great expense, that the drafts of three and eight month's men were filled, because so many of the young men were already in the Army. When the trumpet of war was first sounded at Lexington, a company of men belonging to Leicester and Spencer, marched, without delay, to the scene of ac- tion, and subsequently took an honorable part in the battle on Bunk- er Hill. This company was commanded by Capt. Seth Washburn, whose Lieutenant was Joseph Livermore, of Spencer, and Ensign Loring Lincoln, of Leicester. There are yet six survivors of that company, and from them we have learned some of the particulars of their marching from here, and the services they performed. The officers of the company, besides those mentioned, were Peleg Her- sey, John Brown, Anthony Sprague and William Crossman, Ser- geants : Jason Livermore, Hezekiah Saunders, Daniel Hubbard, and Elijah Southgate, Corporals. The company was attached to the Regiment commanded by Col. Jonathan Ward, of Southborough, Lieut. Col. Barnes of Marlborough, and Maj. Timothy Bigelow, of Worcester. The news of the engagement at Lexington, arrived here, about noon of the next day. The men, constituting the com- pany of minute-men, were then engaged upon their respective farms, and messengers were dispatched to collect them. Not a moment of delay was made on their part ; the plough was left in the furrow ; they scarce took time to bid adieu to their families, and in a few hours were mustered upon the common in Leicester, and were soon on their march. Many anecdotes are related of the march of this company, that would have done honor to the days of Roman or Spar- tan virtue. It was truly a trying hour. It was the first time that the sound of war had been heard in their own borders for almost the life of a generation, and the fearful odds in which they were
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