USA > Maine > Cumberland County > Portland > The history of Portland, from 1632 to 1864: with a notice of previous settlements, colonial grants, and changes of government in Maine > Part 42
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491
DUTIES ENFORCED.
bition, and was therefore permitted to be violated with im- punity. But when it was reduced to three pence a gallon, the government determined to discountenance smuggling. The old practice was however so firmly established, that the merchants would not relinquish their habit, nor quietly submit to the espionage instituted by the revenue officers under the new act. The breaches of this law and the violence upon the officers, often found impunity in the political character of the magistrates, and the paramount law of public opinion, and even found encouragement in the language of the House of Representatives, which declared in July, 1770, "we know of no commissioners of his majesty's customs, nor of any revenue his majesty has a right to establish in North America."
In 1771 the duty on molasses was reduced to one penny a gallon, and on tea to three pence ; the duty of twelve pence on tea which used to be paid in England was taken off, and three pence was substituted payable in the colonies, so that although the tea was afforded cheaper, the duty was direct and more perceptible. Large quantities of tea were smuggled into the colonies by the Dutch, the Danes, and the French, and the
bonds each, to appear at next Superior Court here, etc, and in ye mean time to be of good behavior, etc.
All this is as true and impartial a relation of facts as I can recollect and pre- sent, and I resent it, that Mr. Savage refused to have a warrant from me or any of ye Justices or Court here, but must fly away to Boston, and there consult Governor, Council, Judges, Commissioners, etc., and thereby insinuate that he could not have justice done here. I take it to be a high reflection upon ye Jus- tices of this county, and especially on me to whom he applyed first, and think he is or ought to be amenable for it. And if he has in his representation at Boston, misrepresented me in point of facts, I think, in honor to my commission, I ought to, and shall endeavor to bring him to condign punishment, though I have always had a good opinion of Mr. Savage, and a great esteem for him and his wife; yet his representing ye matter as I hear is reported in Boston, is wicked and provoking, but if we have done wrong, let us, ye Justices suffer and not ve town or country." Savage left the country in 1776, and was proscribed by the act of 1778.
492
HISTORY OF PORTLAND.
same quality which sold in England at six shillings could be purchased in Massachusetts at three shillings the pound.1
The principal subject of excitement in 1772 was the provi- sion made in England for the payment of the governor's and judges' salaries. The legislature objected because it destroyed that salutary dependence upon the people, which was necessary to preserve the freedom of their institutions. When the war- rant arrived in autumn on the commissioners of the customs for the payment of the salary, a town meeting was called in Boston, which after a course of proceeding, appointed a com- mittee of twenty-one to state the rights of the colonies, and to communicate the same to the several towns in the province. The report of this committee stated the principal grievances under which the colonies labored, to be, the imposition of taxes by Parliament-the appointment of commissioners of customs who were new officers not named in the charter, and clothed with unconstitutional powers-the introduction of the King's ships and forces into the province without the consent of the assembly-and the fixing permanent salaries on the governor and judges by act of Parliament. This was communicated to every town in the province, and a free communication solicited in order that if the measures of administration should be deemed to be subversive of the rights of the colonists, a firm and united stand should be taken in their support. An ani- mating letter accompanied the address to the towns, calling upon the people "not to doze any longer, while the iron hand of oppression was tearing the fruit from the tree of liberty."
The towns generally passed resolutions echoing the senti-
1 "It is supposed that at least a million of Americans drink tea twice a day, which at the first cost in England, would have paid two million five hundred thousand guineas into the treasury of the East Indies, while from the opposition of the Americans to the tax, no more than eighty-five pounds was realized from the duty in 1772, at the expense of many thousand pounds in support of officers and revenue laws."-Franklin, vol. v. p. 362. Mr. Burke supposed America would afford a vent for ten million pounds of tea .- Speech, 1774.
493
REVOLUTION-SENTIMENT OF FALMOUTH.
ments of Boston. On the 24th of December a meeting of the inhabitants of Falmouth was held, at which a large and re- spectable committee was chosen " to consider what is con- venient to be done in order to redress public grievances in answer to a committee of the town of Boston."1 On the 7th of January, the committee reported certain instructions to be given to their representative, who was then about proceeding to attend the session of the General Court.2 They were wholly of a pacific tendency, and looked forward to a reconciliation with the mother country through the intervention of the Gov- ernor, who had not at that time lost his popularity here. The subject was revived in the General Court and led to an able dis- cussion upon the great questions which were then agitating the
1 This committee consisted of Enoch Freeman, Stephen Longfellow, David Wyer, Jr., Theophilus Bradbury, Stephen Waite, Wm. Slemons, Benjamin Tit- comb, Richard Codman, John Waite, Moses Pearson, Benjamin Mussey, and Enoch Ilsley.
2 Wm. Tyng was representative in 1772 and 1773, he was also sheriff of the county ; he was a prerogative man, but probably had not taken the decided stand against popular opinion, which he afterward did, and which obliged him to fly. The instructions to Mr. Tyng were as follows : " Sir - Whereas we are sensible there is reason to complain of infringements on the liberties of the people of this province, and as you are a representative for this town, we would offer a few things for your consideration on transacting the very important business that may lay before the General Court at the next session. We are no about to enumerate any grievances particularly, as we doubt not the wisdom of the General Court is amply sufficient to investigate, not only every grievance but every inconvenience the province at present labors under ; all we mean is to suggest some method whereby all grievances may be redressed. And consid- ering the singular abilities and good disposition of the present governor, to- gether with his family, being embarked on the same bottom with ourselves, we know of no expedient more effectual than for the members of the General Court, by a rational and liberal behavior, to conciliate the affections of his Ex- cellency. The particular mode of doing this, we must leave to their wisdom and prudence, which on this important occasion they will undoubtedly exert, only beg leave to observe that could his excellency be prevailed upon to join the other branches of the legislature.in supplicating the throne for redress of any of our grievances ; it appears to us the most probable way of obtaining his maj- esty's royal attention and relief."
4 94
HISTORY OF PORTLAND.
country, the tendency of which was to enlighten and stimulate the public mind, and teach the people what were their rights and how to defend them.
The favorable opinion entertained of Gov. Hutchinson had been gradually giving way before the zeal with which he main- tained the doctrines of arbitrary power ; he was now destined to receive the execration of the whole country by the discovery of certain letters which he had written to the British ministry prompting them to adopt energetic measures to restrain revolu- tionary movements in the colonies. The House of Represen- tatives of Massachusetts by a vote of one hundred and one to five, declared " that the tendency and design of said letters was to overthrow the constitution of this government, and to introduce arbitrary power in the province." Dr. Franklin, by whose instrumentality the letters were procured, felt the full force of ministerial vengeance ; he was removed from the office of Deputy Post-master General of North America, notwith- standing by his judicious management of that trust, he had in a few years made it yield from nothing, a revenue to the crown of three thousand pounds sterling.1
Before the throes of these discussions had subsided, causes of still more violent action were preparing ; both countries were in a state of feverish excitement ; the English government were determined not to relinquish the right of taxation, while on the other hand the colonists were determined not to submit to it. With a miserable policy the government had relinquished all benefit from taxation and risked the loss of an empire for a duty of three pence on a pound of tea.2 Since this distinction had been made, about three years, much tea had been smuggled into
1 This controversy gave rise to the celebrated attack on Dr. Franklin before the privy council by Mr. Wedderburne, afterward Lord Loughborough.
2 This was professedly reserved as a standing claim of right. Burke called it " a tax of sophistry, a tax of pedantry, a tax of disputation, a tax of war and rebellion, a tax for any thing but benefit to the imposers, or satisfaction to the subject."-Speech, 1774.
495
TAXATION ENFORCED-TEA.
the country and some had been regularly entered.1 But in 1773, the East India company having a large quantity of the article on hand, which had rapidly increased by the diminished demand in America, had proposed to the minister to pay to the government a duty of six pence on the pound on all exported to America, provided he would repeal the duty of three pence payable in America. This offer so advantageous to the revenue was rejected, and an attempt made to connect their favorite principle of taxing America with a scheme to relieve the ware- houses of the East India company. It was determined there- fore by sending large cargoes of tea to all the principal seaports to make a grand experiment in every part of the continent. Information of this design and the objects of it were immedi- ately transmitted to America by her friends, and the people were admonished to make a firm and united resistance to the project ; for if success should attend it, there would be little hope in future opposition. The committees of correspondence lost no time in improving the occasion, and the first active movements commencing in Philadelphia early in October, were. soon felt in every other city, at which the tea was expected to arrive. Public meetings were held in New York, Philadelphia, and Boston, in which the most determined spirit prevailed to prevent the landing of the tea at whatever hazard. At the two former places the consignees resigned their trust, in Boston they declined doing it, and a meeting of the inhabitants at the Old South, voted, " that the tea shall not be landed, that no duty shall be paid, and that it shall be sent back in the same bottom." The consignees intimidated by the aspect of affairs, fled to the castle for protection. When the tea arrived, the inhabitants placed a guard over the vessel, that no part of it should be taken on shore; it was kept in this situation some days to the great uneasiness and excitement of the people ;
1 There had been imported into Boston during five years ending with 1772, two thousand seven hundred and fourteen chests by more than one hundred different persons. Gord., vol. i. p 331.
-
496
HISTORY OF PORTLAND.
both the Governor and custom-house officers refusing to grant permission for the vessels to return. On the 16th of December, a very full meeting of the inhabitants was held at the Old South, attended by many people from the neighboring towns, on which occasion a message was sent to the Governor, earnestly solicit- ing a passport for the return of the vessels : when his reiterated refusal was received, it was found by those who directed the storm that something more than words were necessary, and that the time of action had arrived.
Mr. Quincy, in a spirit-stirring address to the meeting, ob- served: "It is not the spirit that vapors within these walls, that must stand us in stead. The exertions of this day will call forth events, which will make a very different spirit necessary for our salvation. Whoever supposes that shouts and hosannas will terminate the trials of the day entertains a childish fancy." The meeting was suddenly dissolved upon a signal given, and soon after a party of men disguised as Indians, proceeded to the ships, and there, protected by the people of Boston and the neighboring towns, they broke open the boxes and chests of tea and discharged it all into the water. The whole was done in two or three hours quietly, without interruption and without any injury to other parts of the cargoes of the vessels.1 The people were sensible that if the tea were landed under any pretence or guaranty, it would imperceptibly find its way into use ; they believed that its re-exportation or total destruction could alone remove the evil they were aiming to avoid. In New York and Philadelphia the tea ships were sent back, while in Charleston, S. C., the cargo was permitted to be landed at the fort under an engagement that it should not be sold.
The people who lived at a distance from Boston, and conse- quently not wrought up to the degree of excitement, which ex- isted there, were filled with apprehension at the consequences expected from this daring measure. They were however soon
1 This took place December 16, 1773.
497
REVOLUTION-TEA RIOT.
reassured by the tone of confidence which animated the circu- lars and correspondence of the Boston committees. Although some of the boldest leaders had not only contemplated but even desired a separation from the mother country, yet the people generally did not entertain an idea or wish of the kind ; they looked upon an opposition carried to the extent of a civil war, at first, with the utmost dread, and a result to be avoided by every means short of absolute submission.' We can trace the progress of the views of the people in Falmouth, by comparing the conciliating, we may almost say, tame instructions given to their representative in January, 1773, with their proceedings, in relation to the tea transaction in January, 1774. The com- mittee of correspondence in Boston, had written letters to the selectmen of the town, calling upon them for a firm and decided expression of opinion regarding public measures, and anima- ting them by all the considerations of patriotic feeling to enlist at once in the great cause of resistance to the arbitrary meas- ures of the English government. A town meeting was held January 25, " to choose a committee to make answer to the several letters received from the committee of correspondence in Boston," and to report what ought to be done " for the public welfare under the alarming circumstances " which existed.2 On the 3d of Feb. they made a long report, declaring that having considered attentively some late acts of parliament which laid taxes for the purpose of raising a revenue from the colonies without their consent, they think it the duty of the town to declare their opinion in a matter which so highly con- cerned their own and future generations, " that neither the Parliament of Great Britain nor any other power on earth has a right to lay a tax on us but by our own consent or the con-
1 Samuel Adams, long before this, had said " The country shall be independ- ent, and we will be satisfied with nothing short of it." Gord., vol. i., p. 347.
2 The committee consisted of Jedediah Preble, Richard Codman, John Waite, Enoch Freeman, Benjamin Winslow, John Butler, and Samuel Freeman.
498
HISTORY OF PORTLAND.
sent of those whom we may choose to represent us."! The report was accompanied by a set of resolves in which they declared their determination that they would not suffer to be imported into the town any article on which Parliament had laid a duty, nor have any dealings with persons who will pro- mote such arbitrary acts, and that they will desist from the use of tea, and discountenance by all means any attempt to intro- duce it while the duty continues, and finally applauded the conduct of the inhabitants of Boston in relation to the tea ships. A committee of correspondence was then chosen,2 and the selectmen were appointed a committee of inspection, to observe if any person bought or sold tea contrary to the resolves of the town, and to withhold their approbation for license from such tavern keepers and retailers as presume to violate the re- solves. A committee was also raised to ascertain the quantity and description of the tea then in town, and report at a future meeting.3 In the May following, Enoch Freeman was chosen representative, and was instructed to vote against paying for the tea destroyed.
There was a per contra to the revolutionary tempest which was raging wildly through the land, and a strong body of conservatives endeavored by conciliatory counsels and measures
1 For the report and resolves at length see Appendix XIII.
2 This committee consisted of the persons who made the report, and was the first committee of the kind raised in town.
3 This committee consisted of Benjamin Mussey, Robert Pagan, and Enoch Moody, who reported that the whole quantity of tea in town, was two thousand three hundred and eighty pounds of bohea, and thirty five pounds of green ; that Enoch Ilsley had all the green tea, and one thousand pounds of the bohea, : the rest was held by Dr. Watts, Samuel Freeman, Ebenezer Owen, John Archer, Thomas Oxnard, Simeon Mayo, Paul Little, John Fox, and Ebenezer Mayo ; that the green tea was selling at eighteen shillings a pound lawful money, and the bohea at two shillings and five pence. On this report the town voted that the owners of the tea might do what they pleased with it. I suppose that we may infer from this that the tea was smuggled, and not being flavored with the obnoxious tax, was less injurious to the nerves of the people.
499
CONSERVATIVES.
to stay the pressure of the radical tendency. Such men were found in Falmouth, who, while they did not approve of the op- pressive measures of the mother country, were sensitively ap- prehensive of an open and cureless breach. Some of these persons in February, 1774, sent an address to Gov. Hutchin- son, expressing their disapprobation "of the proceedings of the town meeting," " the indecent reflections on the adminis- tration at home, the East India Company, and in particular what is said respecting your excellency." They "further dis- approve of the resolve acknowledging any obligation to Boston for their conduct respecting the tea ships." This was signed by Moses Pearson, Stephen Longfellow, Theophilus Bradbury, David Wyer, Jr., Benjamin Titcomb, Jeremiah Pote, Enoch Ilsley, Thomas Cumming, Greenfield Pote, Thomas Oxnard, Robert Pagan, John Kent, Moses Shattuck, Wm. Cobb, Sim- eon Mayo, Thomas Coulson, Wm. Simmonds, Thomas Sand- ford.
Hutchinson sent them a very courteous answer, dated Feb. 19, 1774.
On Sept. 1, 1775, a portion of the above, viz: Longfellow, Bradbury, Wyer, Ilsley, Kent, Mayo, Sandford, Shattuck, and Titcomb, signed a public retraction, which will be found on a subsequent page.
This entire defeat of the favorite plan of the English ad- ministration, exceedingly exasperated government, and under the influence of their excited feelings, they adopted measures which tended still further to alienate the minds of the colonists and to produce a crisis. Their whole displeasure was poured out upon Massachusetts. On the 31st of March, the Boston port bill was passed, by which the officers of the customs were removed from Boston, and all trade interdicted with that place. This was followed by an act for " the better regulating the government of Massachusetts Bay," by which the appoint- ment of all civil officers of the colony was taken from the people and vested in the crown. And a third act, nominally, " for the
500
HISTORY OF PORTLAND.
impartial administration of justice," authorized the removal of persons indicted for any capital offense committed in the sup- port of public authority, to England or some other colony for trial. These acts passed both houses of Parliament by over- whelming majorities.
The effect of these severe laws was to unite at once all parts of the continent in measures of resistance. The several towns in the province promptly expressed their sympathy toward the people of Boston, their readiness to assist them, and their firm determination to aid them in the great cause of American liberty. On the 14th of June, the day on which the harbor of Boston was shut, the bell in this town was muffled and tolled all day without cessation, from sunrise until nine o'clock in the evening,' and the 29th was observed in town as a day of fast, on account of the gloomy state of affairs .? The next day a meeting of the inhabitants was held to take into consid- eration the alarming state of this province, and of the other provinces, when it was voted that the committee of correspon- dence be directed to write a letter of sympathy to the inhabit- ants of Boston, and assure them of the encouragement and support of this town as far as their abilities extended. They also voted to write to the principal towns in Massachusetts to ascertain their views in relation to the non-importation agree- ment. Hopes were still entertained that this engine which had operated so powerfully upon the stamp act, might again be
1 The act went into operation June 1, but vessels then within the harbor were allowed until the 14th to depart, after which no vessels were allowed to go in or out except coastwise with provisions for the sustenance of the inhabitants. The House of Burgesses in Virginia, appointed the first day of June to be kept as a day of fasting and prayer; and in Philadelphia the bells were rung muffled, and business was generally suspended.
2 The fast was generally observed, although some improved the occasion to show their hostility to public opinion. Mr. Smith says, "June 30, * * * made an entertainment yesterday for the tories in opposition to the fast, and * * and * kept their shops open." Sheriff Tyng probably made the feast. Perhaps Pagan and Pote kept open shop.
501
PROCEEDINGS IN FALMOUTH.
used with success. With this view, endeavors were made to bring about a union on this point, in which the people of the several colonies heartily concurred. A public meeting in New York, held in July, expressed the opinion "that a non-impor- tation agreement faithfully observed would prove the most effi- cacious means to procure a redress of grievances." On the 23d of July, this town voted to observe the non-importation agreement, and the same meeting recommended that a contri- bution should be taken in the several parishes for the relief of the poor in Boston.1 On the 25th of August, another meeting was held on occasion of a circular from Boston, in anticipation of the arrival of the two acts of Parliament altering the course of justice and annihilating the constitution of the province. The meeting expressed a firm opposition to these obnoxious measures, their trust that some method of redress would be adopted by the approaching Congress, and their ardent wish that harmony with the mother country might be again restored. The town at the same time recommended that a convention should be held of delegates from all the towns in the county, for the purpose of effecting a concert of action in relation to the non-importation agreement and other measures of general inter- est, and appointed a committee to attend the convention and correspond with other towns on the subject .? In pursuance of this recommendation, a convention of delegates from the sev- eral towns in the county, assembled at Falmouth, Septem- ber 21st.3 A large collection of people came to town the
.
1 This was had in the first parish, September 11; the amount raised in towu we cannot ascertain. In February, 1775, Falmouth sent to Boston as a donation fifty-one and a half cords of wood, and Cape Elizabeth forty-four and a half cords.
2 The committee consisted of Enoch Freeman, Stephen Longfellow, Enoch Ilsley, Samuel Freeman, Richard Codman, and John Waite.
3 The convention met at Mrs. Greele's tavern : the house stood on the corner of Congress and Hampshire streets, one story high: it was moved about 1860 to Washington street. They adjourned in the afternoon to the town-house.
502
HISTORY OF PORTLAND.
same day to compel Sheriff Tyng to refuse compliance with the act of Parliament regulating civil government in the pro- vince.1 The people sent a committee to the convention to invite their co-operation, which was complied with, and Mr. Tyng was requested to attend upon that body ; where, "in compliance with the commands of the inhabitants," he sub- scribed a declaration, that he would not, without the consent of the county, exercise any authority under the obnoxious acts. His declaration was voted to be satisfactory, and the conven- tion proceeded to its deliberations. A spirited report, accom- panied by a series of propositions, in which sound principles of independence were maintained, was drawn up and ordered to be published and transmitted to the several towns in the coun- ty, and votes were passed which manifested a determination to resist at every hazard the odious acts of Parliament which de- prived them of their chartered rights.2
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