USA > Maine > Cumberland County > Portland > The history of Portland, from its first settlement: with notices of the neighbouring towns, and of the changes of government in Maine, Part II 1700-1833 > Part 14
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The strict execution of the revenue act, accompanied by the vex- atious circumstances which usually attend upon such scenes, at length produced new mobs and riots in the seaport towns, which led government to call to its support a naval and military force. The very intimation by the government on the Sth of September, that a body of troops had been ordered to Boston, produced a greater de- gree of indignation and alarm than had been caused by any other measure. A town meeting, the great engine of those days, was im- mediately summoned in Boston, which recommended that a conven- tion of committees from all the towns in the province should be held at Faneuil-hall, to concert and advise such measures as the public peace and safety required. Although this was a stronger step than had ever been taken, yet the recommendation met a hearty response from the principal towns in the province, and a convention numer- ously attended assembled in Faneuil-hall on the 22d September. An express from Boston reached here on the 18th, and on the 21st of that month, the inhabitants held a meeting and appointed Gen. Preble as their delegate to attend the convention. He was instructed how- ever very cautiously to do nothing illegal or unconstitutional, but to use every endeavor within the limits of legitimate resistance to pro- cure a redress of grievances. The result of the convention was much more moderate than the friends of government anticipated ; they calmly enumerated their grievances, declared their loyalty and that of the people, and advised all to avoid tumultuous expressions of their feelings, and to yield obedience to the civil magistrate. It is evident that many were restrained by the apprehension of having taken an unconstitutional remedy, and were disposed to avoid the consequences of it by recommending moderate and conciliatory
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measures. They however firmly expressed their opinion that the civil power without the aid of a standing force was fully adequate to suppress all tumults and disorders.1
On the 28th of September two regiments arrived in Boston and landed about 1000 men without opposition. A sullen stillness suc- ceeded the first arrival of the troops ; they probably struck intimida- tion into the minds of the people. But a firm resolution of resistance followed ; the introduction of the troops was looked upon as a dan- gerous infraction of their rights and as an attempt by mere force to dragoon them into submission. The sympathy of the whole conti- nent was enlisted in favour of Boston, and her cause was regarded as that of the country. Both the general court and the town refused to furnish the troops with quarters and supplies, although the governor repeatedly applied to them for that purpose ; they told him that there were suitable barracks at the castle already provided, and they use in their reply this strong language, " your excellency must excuse us in this express declaration, that as we cannot, consistently with our honour or our interest, and much less with the duty we owe our constituents, so we shall never make provisions for the purposes in the several messages above mentioned."" At the same session they passed certain resolutions which while they professed the firmest alle- giance, amounted almost to a declaration of independence ; one declar- ed " that the sole right of imposing taxes on the inhabitants of this his majesty's colony of the Massachusetts Bay, is now and ever hath · been legally and constitutionally vested in the House of Representa- tives with the consent of council," &c. Another, " that the stand- ing army in this colony in a time of peace, without the consent of the general assembly of the same is an invasion of the natural rights of the people." &c.3
The continuance of the troops in Boston was a constant source of vexation to the people ; it brought home upon them an unremitted pressure of servitude ; they could not wink out of view the fact that the soldiery were placed over them as a guard to keep them in order. Consequently it was the most earnest prayer of their numerous peti-
1 In February 1769, Parliament declared that the proceedings calling the convention were subversive of government, and showed a disposition to set up an authority independent of the crown.
23 Hutch. 248. 3 Ib. 498,
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Collision with the troops.
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tions to the throne that they might be removed. Difficulties were often occurring between the inhabitants and the soldiers, which kept alive contention and made the burden of their presence more oppres- sive. At last in one of the tumults in the streets in Boston, the soldiers fired upon the citizens March 5, 1770 and killed five men. This catastrophe aroused the people to the highest pitch of excite- ment, and they demanded a total and immediate removal of the troops from Boston. It was deemed prudent to comply, the troops were removed to the castle on the 10th of March, and the officers and soldiers guilty of the firing were committed for trial.
After the removal of the troops, the public mind became more composed and nothing material occurred to excite it for a considera- ble length of time. The English government seemed desirous to restore quiet in the colonies by any sacrifice short of relinquishing the right of Parliament to legislate over them. They abandoned the scheme of raising a revenue in America, and in April 1770, they rescinded the duties upon all articles except tea. This attempt to reconcile the colonies was as short sighted as it was ineffectual ; it was not for the amount produced by the duties that the people con- tended, but for the principle ; and as long as a single article contin- ued to be taxed by Great Britain for the purpose of revenue, they considered their constitutional rights violated. No further notice of the repeal of the duties was taken, than to declare a dissatisfaction that any was.retained, and as no cause was offered to produce any public excitement, the right and principle only became subjects of political discussion and speculation. A controversy however was kept up almost without cessation between Gov. Hutchinson who had succeeded Gov. Bernard, and the House of Representatives upon the rights of the colonies, the construction of the charter and other principles of government, which gave opportunity to disseminate doctrines that gradually prepared the minds of the people for the crisis which was approaching.1
One mode of resistance adopted not unsuccessfully by the colonies,
1 The governor was fond of making a display of his constitutional learning, for which the government at home did not thank him. Hutchinson himself remarks that " Dr. Franklin wrote the speaker, that the ministry would not thank the Governor," and "it was recommended to the governor to avoid any further discussion whatever upon those questions, the agitating of which had already produced such disagreeable consequences."
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. was, by non-importation agreements, to appeal to the commercial interests of the mother country. These had been entered into and enforced with great unanimity and effect. In consequence of these combinations, the value of exports from Great Britain had greatly fallen off during the preceding troubles ; in 1769, it was less by £744,000 st. than in 1768. A letter from London in March 1769 states, that " the exports to America are so amazingly decreased within a year past, that some dependants on the custom-house do not make a fourth part of the perquisites they formerly did."" In 1770, these agreements were again pressed into service against the obnox- ious survivor of the late revenue act, and were signed by great num- bers all over the country." Falmouth, as on all other occasions lifted her voice in the common cause, and voted " that this town will do what lies in their power to discourage the purchasing of foreign tea, and to discourage the using of it in their respective families."
The country enjoyed a comparative degree of quiet for two years, with an occasional out breaking of the people ; in 1770, a number of people in Gloucester, Cape-Ann, seized a custom-house officer, tarred and feathered him and otherwise severely used him. In Nov. 1771, certain persons in this town. mobbed Arthur Savage, the comptroller ; three of whom, Sandford, Stone and Armstrong were taken on a warrant from Judge Lyde of the superior court in Decem- ber, and committed for trial. A fortnight before this transaction, a schooner belonging to Wm. Tyng, arrived from the West Indies, and the custom-house officers having detected them in smuggling the cargo, seized the vessel ; whether there was a connection between these two acts we are not able to determine. The mob was not sustained by public opinion here. Mr. Savage went to Boston after this affair, and it is believed that he did not return ; Mr. Child who discharged his duties, wrote to him on the subject as follows : " I believe the generality of people are very sorry that you were so ill treated." 3
1 Mass. Gaz. June 5, 1769.
? " June 26, 1770. Non-importation agreement signed by great numbers." Deane's diary.
3 The following memorandum of Mr. Savage's proceedings after the mob is detailed by Enoch Freeman, Esq. Judge of the inferior court as follows :
"Ye next day after Mr. Savage was mobbed, he came to Moody's, ye court at dinner, I call'd out, went below, found Mr. Savage and his kinsman Bill Savage, when Arthur desired me to take Bill's deposition, I read it, being
------
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Duties on molasses and tea.
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The people throughout the country had been in the constant habit of evading the sugar and molasses duties, which were high, for many years. The duty on molasses was 6d. a gallon ; this, if enforced, would have amounted to a prohibition, and was therefore permitted
wrote on two pieces of paper, and found no name mentioned in it but Mr. Titcomb, except Mr. Savage and his wife. I said that I expected he had a complaint against some of ye mob, and wanted a warrant which I would give him in a moment, but as to taking that deposition in two pieces of paper, and wherein a gentleman's name was mentioned in a manner that might be taken to his disadvantage, I thought it was not fair, and I did not choose to do it, without he was notified or present, but advised him to go up stairs and lay it before ye Court, which he did not then incline to do, and said to me, then you refuse to take it. I told him I did, unless Mr. Titcomb was notified. I asked him what use he could make ofye deposition ; he said he should send it to ye commissioners, and it would have a tendency to discover the mob. How can that be, said I, if you can't tell who they were, how can the commissioners ? If you that are on ye spot can't discover who they were, how can ye commis- sioners, that are 130 miles off? And after some such like discourse, wherein I told him the act of ye mob was universally as far as I could learn abhorred and detested, I went up chamber and he desired me to ask Mr. Powell to step down, which I did, and he went, and after some time returned and told me he had sent for Mr. Titcomb, and he was below with Mr. Savage, and de- sired me to go down again, I went down and Mr. Savage was gone. And in about an hour after Mr. Collector Waldo, Mr. Savage and Bill came up into Court, and Mr. Savage laid ye said deposition or ye same two papers on the table, and asked ye Court to give Mr. Bill Savage his oath to ye same ; ye Court desired to know what it was, accordingly it was read, and thereupon observations were made by ye Court, and ye Court were unanimously of ye . opinion that it was improper to take said deposition, without Mr. Titcomb was present to interrogate ye deponent, and that Mr. Titcomb should also be inter- rogated by Mr. Savage upon oath, &c. so that ye whole truth might go to ye commissioners together. Ye Collector Waldo said to me in Court, can a Jus- tice refuse to swear a man to any deposition that he may offer ? I told him, I thought a Justice had a right to refuse, if he thought there was an impropriety in it, and in some there might be great absurdity ; upon ye whole Mr. Savage did not apply to me or ye Court for a warrant against any one of ye mob, and I then supposed ye only reason was that he did not know any of them, as he signified to the Court as well as to me. But it eems that as soon as he got to Boston, he was able to swear to three of them, and procured a warrant from ye Chief Justice to have them apprehended; and accordingly two of them were brought before me, and I laid them under £100 bonds each, to appear at next Sup. Court here &c. and in ye mean time to be of good behaviour, &c.
.
All this is as true and impartial a relation of facts as I can recollect and present, 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 Governour, Council, Judges, Commissioners, &c. and thereby insinu- ate that he could not have justice done here. I take it to be a high reflection upon ye Justices of this county, and especially on me to whom he applyed first, and think he is or ought to be amenable for it. Andif he has in his represen- tations at Boston, misrepresented me in point of facts, I think, in · honour to my commission, I ought to, and shall endeavour to bring him to condign pun- ishment, 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 re- ported in Boston, is wicked and provoking, but if we have done wrong, let us, ye Justices suffer and not ye town or country."
17
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to be violated with impunity. But when it was reduced to 3d. a gallon, the government determined to discountenance smuggling. The old practice was however so firmly established, that the mer- chants would not relinquish their habit nor quietly submit to the es- pionage 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 para- mount 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 3d. ; the duty of 12d. on tea which used to be paid in England was taken off, and 3d. was substituted payable in the colo- nies, 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 same quality which sold in England at 6s. could be purchased in Massachusetts at 3s. the pound.1
The principal subject of excitement in 1772, was the provision made in England for the payment of the governor's and judges' sala- ries. The legislature objected because it destroyed that salutary dependence upon the people, which was necessary to preserve the freedom of their institutions. When the warrant 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 proceed- ing, appointed a committee of 21 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 Parlia- ment-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
* "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 2,500,000 guineas into the treasury of the East Indies, while from the opposition of the Americans to the tax, no more than Ee5 was realized from the duty in 1772, at the expense of many thousand pounds in support of officers and revenue laws."-Frank. 5, 362. Mr. Burke supposed America would afford a vent for 10,000,000 lbs. of tea .- Speech 1774.
-
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C. 7.] Sentiments of Falmouth.
province without the consent of the assembly-and the fixing perma- nent salaries on the governor and judges by act of Parliament. This was · communicated to every town in the province, and a free com- munication 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 animat- ing 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 sentiments of Boston. On the 24th of December a meeting of the inhabitants of Falmouth was held, at which a large and respectable committee was chosen " to consider what is convenient to be done in order to re- dress public grievances in answer to a committee of the town of Bos- ton." ?! On the 7th of January, the committee reported certain in- structions 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 governor, who had not at that time lost his popularity here. The subject was revived in the general court and led to an able discussion upon the
1 This committee consisted of Enoch Freeman, Stephen Longfellow, David Wyer jr. Theophilus Bradbury, Stephen Waite, Wm. Slemons, Benjamin Titcomb, Richard Codman, John Waite, Moses Pearson, Benjamin Mussey and Enoch Ilsley.
2Wm. 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 afterwards 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 impor- tant business that may lay before the general court at the next session. We are not 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 labours under ; all we mean is to suggest some method whereby all grievances may be redress- ed. And considering the singular abilities and good disposition of the pres- ent governor, together 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 behaviour, to conciliate the affections of his excellency. The particular mode of doing this, we must leave to their wisdom and prudence, which on this important occasion they will un- doubtedly exert, only beg leave to observe that could his excellency be pre- vailed 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 majesty's royal attention and relief."
1
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great questions which were then agitating the 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 maintained 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 revolutionary movements in the colo- nies. The House of Representatives of Massachusetts by a vote of 101 to 5, 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 instrumen- tality the letters were procured, felt the full force of ministerial vengeance ; he was removed from the office of Deputy Post-master General for North America, notwithstanding by his judicious manage- ment of that trust he had in a few years made it yield from nothing, a revenue to the crown of £3,000 st.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 3d. on a pound of tea.2 Since this distinction had been made, about three years, much tea had been smuggled into the country and some had been regularly entered.3 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 6d. on the pound on all exported to America, provided he would repeal the duty of 3d. payable in Amer-
1
1 This controversy gave rise to the celebrated attack on Dr. Franklin before the privy council by Mr. Wedderburne, afterwards Ld. Loughboro'.
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.
3 There had been imported into Boston during five years ending with 1772, 2714 chests by more than one hundred different persons 1 Gord. 331.
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The tea duty enforced.
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ica. 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 therefore by sending large cargoes of tea to all the principal sea ports to make a grand experiment in every part of the continent. Information of this design and the objects of it were immediately 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 deter- mined 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 inhabi- tants 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 bot- tom." 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 vessels, 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 ; 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 neighbor- ing towns, on which occasion a message was sent to the governor, earnestly soliciting a passport for the return of the vessels : when his reiterated refusal was received, it was found by those who di- rected 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, observed " 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 dis-
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solved upon a signal given, and soon after a party of men disguiscd as Indians, proceeded to the ships, and there, protected by the peo- ple 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 or the vessels.1 The people were sensible that if the tea were landed under any pretence or guarranty, it would imperceptibly find its way into use ; they believ- ed 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.
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