WHO WERE THE INHABITANTS OF THE NEW ENGLAND COLONIES AT THE TIME OF THE REVOLUTION?
The first and second chapters of this work treated of the settlement of Massachusetts and the framing and establishing of that social system and form of government which through successive generations, the settlers and their descendants took part, which culminated in the Revolution. The founders of Massachusetts and of all New England, were almost entirely Englishmen. Their emigration to New England began in 1620, it was inconsiderable till 1630, at the end of ten years more it almost ceased. A people consisting at that time of not many more than twenty thousand persons, thenceforward multiplied on its own soil, in remarkable seclusion from other communities, for nearly two centuries. Such exceptions to this statement are of small account. In 1651 after the battle of Dunbar, Cromwell sent some four or five hundred of his Scotch prisoners to Boston, but very little trace of this accession is left. After the revocation of the Edict of Nantes in 1685, about one hundred and fifty families of French Huguenots came to Massachusetts; their names and a considerable number of their posterity are yet to be found. A hundred and twenty Scotch-Irish families, came over in 1719 and settled in Boston, and New Hampshire. Some slight emigrations from it took place at an early date, but they soon discontinued, and it was not till after the Revolution that those swarms began to depart, which have since occupied so large a portion of the territory of the United States. During that long period their identity was unimpaired. No race has ever been more homogeneous than this, at the outbreak of the Revolution, and for many years later. Thus the people of New England was a singularly unmixed race. There was probably not a county in England occupied by a population of purer English blood than theirs. Down to the eve of the war in 1775, New England had little knowledge of the communities which took part in that conflict with her. Till the time of the Boston Port Bill, Massachusetts and Virginia, the two principal English settlements, had with each other scarcely more relations of acquaintance, business, mutual influence, or common action, than either of them had with Bermuda or Barbados.
During the latter part of the nineteenth century vast numbers of Irish, and next to them German, came to New England, so at the time of writing, 1908, it is claimed that one half of the inhabitants of Boston are Irish, or of Irish parentage. During the past ten years the places of the Irish are being taken by the Italians, Jews, Portuguese, Greeks, Armenians, French Canadians, and others. The reader will see from the foregoing that the contestants in Massachusetts during the Revolutionary war were a race representing a peculiar type of the Englishmen of the seventeenth century who, sequestrated from foreign influences formed a distinct character by their own discipline, and was engaged in a work within itself, on its own problem, through a century and a half, and which terminated in the Revolutionary War, that dismembered the Empire. That the foregoing statement concerning the purity of the race at the time of the Revolution is a correct one, is shown in the following biographies of the Loyalists of Massachusetts, for in nearly every case their ancestry date back to that of the first settlers, through several generations.
The Addressers.
The importance of the following addressers is out of all proportion to their apparent significance. They are an indispensable genesis to the history of the Loyalists. For the next seven years the Addressers were held up to their countrymen as traitors and enemies to their country. In the arraignments, which soon began, the Loyalists were convicted not out of their mouths, but out of their addresses. The ink was hardly dry upon the parchment before the persecution began against all those who would not recant, and throughout the long years of the war, the crime of an addresser grew in its enormity, and they were exposed to the perils of tarring and feathering, the horrors of Simbury mines, a gaol or a gallows.
ADDRESS OF THE MERCHANTS AND OTHERS OF BOSTON TO GOV. HUTCHINSON.
Boston, May 30, 1774.
We, merchants and traders of the town of Boston, and others, do now wait on you, in the most respectful manner, before your departure for England, to testify, for ourselves the entire satisfaction we feel at your wise, zealous, and faithful administration, during the few years that you have presided at the head of this province. Had your success been equal to your endeavors, and to the warmest wishes of your heart, we cannot doubt that many of the evils under which we now suffer, would have been averted, and that tranquility would have been restored to this long divided province; but we assure ourselves that the want of success in those endeavors will not abate your good wishes when removed from us, or your earnest exertions still on every occasion to serve the true interest of this your native country.
While we lament the loss of so good a governor, we are greatly relieved that his Majesty, in his gracious favor, hath appointed as your successor a gentleman who, having distinguished himself in the long command he hath held in another department, gives us the most favorable prepossessions of his future administration.
We greatly deplore the calamities that are impending and will soon fall on this metropolis, by the operation of a late act of Parliament for shutting up the port on the first of next month. You cannot but be sensible, sir, of the numberless evils that will ensue to the province in general, and the miseries and distresses into which it will particularly involve this town, in the course of a few months. Without meaning to arraign the justice of the British Parliament, we could humbly wish that this act had been couched with less rigor, and that the execution of it had been delayed to a more distant time, that the people might have had the alternative either to have complied with the conditions therein set forth, or to have submitted to the consequent evils on refusal; but as it now stands, all choice is precluded, and however disposed to compliance or concession the people may be, they must unavoidably suffer very great calamities before they can receive relief. Making restitution for damage done to the property of the East India Company, or to the property of any individual, by the outrage of the people, we acknowledge to be just; and though we have ever disavowed, and do now solemnly bear our testimony against such lawless proceedings, yet, considering ourselves as members of the same community, we are fully disposed to bear our proportions of those damages, whenever the sum and the manner of laying it can be ascertained. We earnestly request that you, sir, who know our condition, and have at all times displayed the most benevolent disposition towards us, will, on your arrival in England, interest yourself in our behalf, and make such favorable representations of our case, as that we may hope to obtain speedy and effectual relief.
May you enjoy a pleasant passage to England; and under all the mortifications you have patiently endured, may you possess the inward and consolatory testimonies of having discharged your trust with fidelity and honor, and receive those distinguishing marks of his Majesty's royal approbation and favor, as may enable you to pass the remainder of your life in quietness and ease, and preserve your name with honor to posterity.
ADDRESS OF THE BARRISTERS AND ATTORNEYS OF MASSACHUSETTS TO GOV. HUTCHINSON, MAY, 30, 1774.
A firm persuasion of your inviolable attachment to the real interest of this your native country, and of your constant readiness, by every service in your power, to promote its true welfare and prosperity, will, we flatter ourselves, render it not improper in us, barristers and attorneys at law in the province of Massachusetts Bay, to address your Excellency upon your removal from us with this testimonial of our sincere respect and esteem.
The various important characters of Legislator, Judge and first Magistrate over this province, in which, by the suffrages of your fellow-subjects, and by the royal favor of the best of kings, your great abilities, adorned with a uniform purity of principle, and integrity of conduct, have been eminently distinguished, must excite the esteem and demand the grateful acknowledgements of every true lover of his country, and friend to virtue.
The present perplexed state of our public affairs, we are sensible, must render your departure far less disagreeable to you than it is to us—we assure you, sir, we feel the loss; but when, in the amiable character of your successor, we view a fresh instance of the paternal goodness of our most gracious sovereign; when we reflect on the probability that your presence at the court of Great Britain, will afford you an opportunity of employing your interests more successfully for the relief of this province, and particularly of the town of Boston, under their present distresses, we find a consolation which no other human source could afford. Permit us, sir, most earnestly to solicit the exertion of all your distinguished abilities in favor of your native town and country, upon this truly unhappy and distressing occasion.
We sincerely wish you a prosperous voyage, a long continuation of health and felicity and the highest rewards of the good and faithful.
We are, sir, with the most cordial affection, esteem and respect,
Your Excellency's most obedient and very humble servants,
| Robert Achmuty, | Andrew Cazneau, | David Ingersoll, |
| Jonathan Sewall, | Daniel Leonard, | Jeremiah D. Rogers, |
| Samuel Fitch, | John Lowell, | David Gorham, |
| Samuel Quincy, | Daniel Oliver, | Samuel Sewall, |
| William Pynchon, | Sampson S. Blowers, | John Sprague, |
| James Putnam, | Shearjashub Brown, | Rufus Chandler, |
| Benjamin Gridley, | Daniel Bliss, | Thomas Danforth, |
| Abel Willard, | Samuel Porter, | Ebenezer Bradish, |
From the Essex Gazette of June 1, 1775.
Salem, May 30, 1775.
Whereas we the subscribers did some time since sign an address to Governor Hutchinson, which, though prompted to by the best intentions, has, nevertheless, given great offence to our country: We do now declare, that we were so far from designing by that action, to show our acquiescence in those acts of Parliament so universally and justly odious to all America, that on the contrary, we hoped we might in that way contribute to their repeal; though now to our sorrow we find ourselves mistaken. And we do now further, declare, that we never intended the offence which this address occasioned; that if we had foreseen such an event we should never have signed it; as it always has been and now is our wish to live in harmony with our neighbors, and our serious determination is to promote to the utmost of our power the liberty, the welfare, and happiness of our country, which is inseparably connected with our own.
| John Nutting, | N. Sparhawk, | Thomas Barnard, |
| N. Goodale, | Andrew Dalglish, | Nathaniel Dabney, |
| Ebenezer Putnam, | E. A. Holyoke, | William Pickman, |
| Francis Cabot, | William Pynchon, | C. Gayton Pickman, |
In Committee of Safety, Salem, May 30, 1775.—The declaration, of which the above is a copy, being presented and read, it was voted unanimously that the same was satisfactory; and that the said gentlemen ought to be received and treated as real friends to this country.
By order of the Committee,
Richard Derby, Jr., Chairman.
ADDRESS OF THE INHABITANTS OF MARBLEHEAD TO GOV. HUTCHINSON.
Marblehead, May 25, 1774.
His Majesty having been pleased to appoint his Excellency the Hon. Thomas Gage, Esq., to be governor and commander-in-chief over this province, and you, (as we are informed,) begin speedily to embark for Great Britain: We, the subscribers, merchants, traders, and others, inhabitants of Marblehead, beg leave to present your our valedictory address on this occasion; and as this is the only way we now have of expressing to you our entire approbation of your public conduct during the time you have presided in this province, and of making you a return of our most sincere and hearty thanks for the ready assistance which you have at all times afforded us, when applied to in matters which affected our navigation and commerce, we are induced from former experience of your goodness, to believe that you will freely indulge us in the pleasure of giving you this testimony of our sincere esteem and gratitude.
In your public administration, we are fully convinced that the general good was the mark which you have ever aimed at, and we can, sir, with pleasure assure you, that it is likewise the opinion of all dispassionate thinking men within the circle of our observation, notwithstanding many publications would have taught the world to think the contrary; and we beg leave to entreat you, that when you arrive at the court of Great Britain, you would there embrace every opportunity of moderating the resentment of the government against us, and use your best endeavors to have the unhappy dispute between Great Britain and this country brought to a just and equitable determination.
We cannot omit the opportunity of returning you in a particular manner our most sincere thanks for your patronizing our cause in the matter of entering and clearing the fishing vessels at the custom-house, and making the fishermen pay hospital money; we believe it is owing to your representation of the matter, that we are hitherto free from that burden.
We heartily wish you, sir, a safe and prosperous passage to Great Britain, and when you arrive there may you find such a reception as shall fully compensate for all the insults and indignities which have been offered you.
| Henry Saunders, | John Fowle, | Thomas Lewis, |
| Richard Hinkly, | Robert Hooper, 3d, | Sweet Hooper, |
| Samuel Reed, | John Gallison, | Robert Hooper, |
| John Lee, | John Prince, | Jacob Fowle, |
| Robert Ambrose, | George McCall, | John Pedrick, |
| Jonathan Glover, | Joseph Swasey, | Richard Reed, |
| Richard Phillips, | Nathan Bowen, | Benjamin Marston, |
| Isaac Mansfield, | Thomas Robie, | Samuel White, |
| Joseph Bubler, | John Stimson, | Joseph Hooper, |
| Richard Stacy, | John Webb, | John Prentice, |
| Thomas Procter, | Joseph Lee, | Robert Hooper, jr. |
ADDRESS TO GOVERNOR HUTCHINSON FROM HIS FELLOW TOWNSMEN IN THE TOWN OF MILTON.
This document which was printed recently in the "History of Milton," was not a matter of record, and had never been printed before, it had also failed to meet the searching eye of the antiquarian, and the author said "it has come down to us in its original manuscript yellow with age."
It will be noticed the signers were obliged to recant, so as to save their property from being destroyed by the mob, and from personal injury and insult such as tarring and feathering, etc. It was with such doings that the "Sons of Despotism" amused themselves, and made converts to the cause of "liberty." It, however, did not save James Murray and Stephen Miller, who were banished, and Miller's estate confiscated.
To Thomas Hutchinson Esquire Late Gov. &c.
Sir,—We the Select Men, the Magistrates and other principal Inhabitants of the Town of Milton, hearing of your speedy Embarkation for England, cannot let you leave this Town which you have so long honored by your Residence without some publick Expression of our sincere wishes for your health and happiness.
We have been Eye Witnesses, Sir, of your amiable private and useful publick Life; We have with concern beheld you, in the faithful and prudent Discharge of your Duty exposed to Calumnies, Trials and Sufferings, as unjust as severe; and seen you bearing them all with becoming Meekness and Fortitude.
As to ourselves and Neighbours in particular; altho many of us, in future Perplexities will often feel the Want of your skillful gratuitous advice, always ready for those who asked it, we cannot but rejoice for your Sake Sir, at your being so seasonably relieved by an honourable and worthy Successor, in this critical and distressful period from the growing Difficulty of the Government of your beloved native Province. And we see your Departure with the less Regret, being convinced that the Change at present will contribute to your and your Family's Tranquility: possessed as you are of the applause of good men, of the favour of our Sovereign, and the Approbation of a good Conscience to prepare the Way to Rewards infinitely ample from the King of Kings; to whose Almighty protection, We, with grateful hearts commend you and your family.
Signed
| Saml. Davenport | Stephen Miller | Benjamin Horton |
| Ja. Murray | Josiah How | Zedah Crehore |
REPLY OF GOVERNOR HUTCHINSON.Gentlemen
I have received innumerable marks of respect and kindness from the Inhabitants of the Town of Milton, of which I shall ever retain the most grateful Remembrance. I leave you with regret. I hope to return and spend the short remains of my life among you in peace and quiet and in doing every good office to you in my power.
Tho. Hutchinson.
Milton, Sept. 21, 1774.—Messrs. Davenport Miller and How were taken to Task by the Town Meeting for having signed the above address altho it was never presented or published. They were required by next day to make an acknowledgement of their offence—And a Committee of fifteen was chosen to treat with them and Mr. Murray.
Sept. 22. These Culprits attended and made the following acknowledgement, of which the Committee accepted, requiring them to sign it and to read it severally before the Town Meeting on the green. This done the Meeting by some Majority voted it not satisfactory. The offenders all but Capt. Davenport went home without making any other.
ACKNOWLEDGEMENT.
Whereas We the Subscribers did sign and endeavour to promote among the Inhabitants of our Town of Milton an Address to Gov. Hutchinson a few days before his Embarkation for England, which Address contained Compliments to the Gov. that we did and do still, in our consciences, believe to be justly due to him; and Whereas we did further believe that it would be very acceptable to the Town to give them such an Opportunity of showing their gratitude to the Governor.
Now since the Temper of the Times is such, that what we meant to please has eventually displeased our Neighbours, We, who desire to live in peace and good will with them are sorry for it. Witness our hands this 22d. day of Sept. 1774.
Signed
| Ja. Murray | Saml. Davenport |
| Stephen Miller | Josiah How |
After the departure of the first three of these, the meeting insisted on Capt. Davenport's making the following acknowledgement, and that the committee should have the rest to make it at or before the next town-meeting on Monday, 3d October:—
Whereas We the Subscribers have given the good People of this Town and Province in General just Cause to be offended with each of us, in that unguarded action of ours in signing an address to the late Governor Hutchinson, for which we are heartily sorry and take this opportunity publickly to manifest it, and declare we did not so well consider the Contents. And we heartily beg their forgiveness and all others we may have offended: Also that we may be restored to their favour, and be made Partakers of that inestimable blessing, the good Will of our Neighbours, and the whole Community.
Witness our hands
| Milton | 22d Sept. | signed | Saml. Davenport |
| 24 Sept. | —— | Josiah How | |
| 25 Sept. | —— | Ja. Murray | |
| 25 Sept. | —— | Stephen Miller |
Address presented to His Excellency Governor Gage, June 11th, 1774, on his Arrival at Salem.
To his Excellency Thomas Gage, Esq., Captain-General, Governor and Commander-in-Chief of the Province of Massachusetts Bay in New England, and Lieutenant-General of his Majesty's Forces.
May it please your Excellency:
We, merchants and others, inhabitants of the ancient town of Salem, beg leave to approach your Excellency with our most respectful congratulations on your arrival in this place.
We are deeply sensible of his Majesty's paternal care and affection to this province, in the appointment of a person of your Excellency's experience, wisdom and moderation, in these troublesome and difficult times.
We rejoice that this town is graciously distinguished for that spirit, loyalty, and reverence for the laws, which is equally our glory and happiness.
From that public spirit and warm zeal to promote the general happiness of men, which mark the great and good, we are led to hope under your Excellency's administration for everything that may promote the peace, prosperity, and real welfare of this province.
We beg leave to commend to your Excellency's patronage the trade and commerce of this place, which, from a full protection of the liberties, persons and properties of individuals, cannot but flourish.
And we assure your Excellency we will make it our constant endeavors by peace, good order, and a regard for the laws, as far as in us lies, to render your station and residence easy and happy.
| John Sargent, | John Prince, | Benjamin Lynde, | |
| Jacob Ashton, | George Deblois, | William Browne, | |
| William Wetmore, | Andrew Dalglish, | John Turner, | |
| James Grant, | Joseph Blaney, | P. Frye, | |
| Henry Higginson, | Archelaus Putnam, | Francis Cabot, | |
| David Britton, | Samuel Porter, | William Pynchon, | |
| P. G. Kast, | Thomas Poynton, | John Fisher, | |
| Weld Gardner, | Samuel Flagg, | John Mascarene, | |
| Nathaniel Daubney, | Nathan Goodale, | E. A. Holyoke, | |
| Richard Nicholls, | William Pickman, | Jos. Bowditch, | |
| William Cabot, | C. Gayton Pickman, | Ebenezer Putnam, | |
| Cabot Gerrish, | Nathaniel Sparhwak, | S. Curwen, | |
| William Gerrish, | William Vans, | John Nutting, | |
| Rowland Savage, | Timothy Orne, | Jos. Dowse, | |
| William Lilly, | Richard Routh, | Benjamin Pickman, | |
| Jonathan Goodhue, | Stephen Higginson, | Henry Gardner. |
The "Loyal Address from the Gentlemen and Principal Inhabitants of Boston to Governor Gage on his departure for England, October 6, 1775," was signed as follows:
| John Erving, | James Selkrig, | John Greecart, | |
| Thomas Hutchinson, jr., | Archibald Cunningham, | Richard Clarke, | |
| Silvester Gardiner, | William Cazneau, | Benjamin Fanieul, jr., | |
| Wm. Bowes, | David Barton, | Thomas Amory, | |
| John Timmins, | John Semple, | George Brindley, | |
| Nathaniel Coffin, | Henry Lawton, | Ralph Inman, | |
| John Winslow, jr., | William Brattle, | Edward Winslow, | |
| Alexander Bymer, | John Troutbeck, | Benjamin M. Holmes, | |
| Robert Hallowell, | Stephen Greenleaf, | William Jackson, | |
| Robert Jarvis, | William Walter, | Richard Green, | |
| David Phips, | James Perkins, | James Murray, | |
| John Tayler, | Phillip Dumaresque, | Joseph Scott, | |
| Archibald McNeal, | Joshua Loring, jr., | Peter Johonnot, | |
| Francis Green, | Henry Lloyd, | Nathaniel Cary, | |
| Benjamin Davis, | William Lee Perkins, | Martin Gay, | |
| Thomas Courtney, | George Leonard, | Samuel Hughes, | |
| John Sampson, | Thomas Brinley, | William Coffin, jr., | |
| William Tayler, | Daniel Hubbard, | Adino Paddock, | |
| John Inman, | Samuel Fitch, | Andrew Cazneau, | |
| Wm. Perry, | John Atkinson, | Henry Lindall, | |
| John Gore, | Joseph Turill, | Theophilus Lillie, | |
| Isaac Winslow, jr., | Samuel Hirst Sparhawk, | Henry Barnes, | |
| William Dickerson, | Ebenezer Brigham, | M. B. Goldthwait, | |
| William Hunter, | William Codner, | Lewis Gray, | |
| Robert Semple, | Jonathan Snelling, | Nathaniel Brinley, | |
| John Joy, | Benjamin Gridley, | John Jeffries, jr., | |
| Gregory Townsend, | Gilbert Deblois, | Archibald Bowman, | |
| Isaac Winslow, | Edward Hutchinson, | Jonathan Simpson, | |
| Byfield Lyde, | Miles Whitworth, | Nathaniel Tayler, | |
| John Love, | Daniel McMasters, | James Anderson, | |
| Hugh Tarbett, | John Hunt, 3d, | Lewis Deblois, | |
| Nathaniel Perkins, | James Lloyd, | ||
| John Powell, | William McAlpine, |
The Loyal Address to Governor Gage on his departure, October 14, 1775, of those Gentlemen who were driven from their Habitations in the Country to the Town of Boston, was signed by the following persons:
List of the inhabitants of Boston, who on the evacuation by the British, in March, 1776, removed to Halifax with the army. Taken from a paper in the handwriting of Walter Barrell from the Proceedings of the Mass. Hist. Soc., Vol. 18, page 266.
| Lieutenant-Governor Oliver and servants | 6 |
Council, &c.
| Peter Oliver and niece | 2 |
| Harrison Gray and family | 5 |
| Timothy Ruggles and sons | 3 |
| Foster Hutchinson and family | 13 |
| Josiah Edson | 1 |
| John Murray and family | 7 |
| Richard Lechmere | 12 |
| John Erving | 9 |
| Nathaniel Ray Thomas and son | 2 |
| Abijah Willard and two sons | 3 |
| Daniel Leonard and family | 9 |
| Nathaniel Hatch | 7 |
| George Erving | 6 |
Custom House.
| Henry Hulton | 12 |
| Charles Paxton | 6 |
| Benjamin Hallowel | 7 |
| Samuel Waterhouse, Secretary | 7 |
| James Porter, Comptroller Gen'l | 1 |
| Walter Barrell, Inspector Gen'l | 6 |
| James Murray, Inspector | 7 |
| William Woolen, Inspector | 2 |
| Edward Winslow, Collector, Boston | 1 |
| Charles Dudley, Collector, Newport | 2 |
| George Meserve, Collector, Piscataq | 1 |
| Robert Hallowel, Comptroller, Boston, | 6 |
| Arthur Savage, Surveyor, &c. | 6 |
| Nathaniel Coffin, Cashier | 4 |
| Ebenezer Bridgham, Tide Surveyor | 8 |
| Nathaniel Taylor, Dep'y Naval Officer | 2 |
| Samuel Mather, Clerk | 3 |
| Samuel Lloyd, Clerk | 6 |
| Christopher Minot, Land Waiter | 1 |
| Ward Chipman, Clerk Sol. | 1 |
| Robert Bethel, Clerk Col. | 1 |
| Skinner, Cookson, and Evans Clerks | 3 |
| James Barrick, Clerk Insp. | 5 |
| John Ciely, Tidesman | 4 |
| John Sam Petit, Tidesman | 6 |
| John Selby, Clerk | 2 |
| Edward Mulhall, Tidesman | 1 |
| Hammond Green, Tidesman | 1 |
| John Lewis, Tidesman | 6 |
| Elkanah Cushman, Tidesman | 1 |
| Edmund Duyer, Messenger | 3 |
| Samuel Chadwel, Tidesman | 1 |
| Samuel Sparhawk, Clerk | 5 |
| ——Chandler, Land Waiter | 1 |
| ——Patterson, Land Waiter | 1 |
| Isaac Messengham, Coxwain | 1 |
| Owen Richard, Coxwain | 1 |
Refugees.
For Mr. Samuel B. Barrell
From his friend and kinsman,
Theodore Barrell
Saugerties Ulster Co.,
New York, Aug. 16, 1841
MANDAMUS COUNSELLORS.
Salem, Aug. 9, 1774. The following were appointed by his majesty, counsellors of this province by writ of mandamas,[101] viz:—
Col. Thomas Oliver, Lieut. Governor, President; Peter Oliver, Thomas Flucker, Foster Hutchinson, Thomas Hutchinson, Jr., Harrison Gray, Judge Samuel Danforth, Col. John Erving, Jr., James Russell, Timothy Ruggles, Joseph Lee, Isaac Winslow, Israel Williams, Col. George Watson, Nathaniel Ray Thomas, Timothy Woodbridge, William Vassall, William Browne, Joseph Greene, James Boutineau, Andrew Oliver, Col. Josiah Edson, Richard Lechmere, Commodore Joshua Loring, John Worthington, Timothy Paine, William Pepperell, Jeremiah Powell, Jonathan Simpson, Col. John Murray, Daniel Leonard, Thomas Palmer, Col. Isaac Royall, Robert Hooper, Abijah Willard, Capt. John Erring, Jr.
BANISHMENT ACT OF THE STATE OF MASSACHUSETTS.
An Act to prevent the return to this state of certain persons therein named, and others who have left this state or either of the United States, and joined the enemies thereof.
Whereas Thomas Hutchinson, Esq., late governor of this state, Francis Bernard, Esq., formerly governor of this state, Thomas Oliver, Esq., late lieutenant governor of this state, Timothy Ruggles, Esq., of Hardwick, in the county of Worcester, William Apthorp, merchant, Gibbs Atkins, cabinet maker, John Atkinson, John Amory, James Anderson, Thomas Apthorp, David Black, William Burton, William Bowes, George Brindley, Robert Blair, Thomas Brindley, James Barrick, merchant, Thomas Brattle, Esq., Sampson Salter Blowers, Esq., James Bruce, Ebenezer Bridgham, Alexander Brymer, Edward Berry, merchants, William Burch, Esq., late commissioner of the customs, Mather Byles, Jun., clerk, William Codner, book-keeper, Edward Cox, merchant, Andrew Cazneau, Esq., barrister at law, Henry Canner, clerk, Thomas Courtney, tailor, Richard Clark, Esq., Isaac Clark, physician, Benjamin Church, physician, John Coffin, distiller, John Clark, physician, William Coffin, Esq., Nathaniel Coffin, Esq., Jonathan Clark, merchant, Archibald Cunningham, shop-keeper, Gilbert Deblois, merchant, Lewis Deblois, merchant, Philip Dumaresque, merchant, Benjamin Davis, merchant, John Erving, Jun. Esq., George Erving, Esq., Edward Foster and Edward Foster, Jun., blacksmiths, Benjamin Faneuil, Jun., merchant, Thomas Flucker, Esq., late secretary for Massachusetts Bay, Samuel Fitch, Esq., Wilfret Fisher, carter, James Forrest, merchant, Lewis Gray, merchant, Francis Green, merchant, Joseph Green, Esq., Sylvester Gardiner, Esq., Harrison Gray, Esq., late treasurer of Massachusetts Bay., Harrison Gray, Jun., clerk to the treasurer, Joseph Goldthwait, Esq., Martin Gay, founder, John Gore, Esq., Benjamin Hallowell, Esq., Robert Hallowell, Esq., Thomas Hutchinson, Jun., Esq., Benjamin Gridley, Esq., Frederick William Geyer, merchant, John Greenlaw, shopkeeper, David Green, merchant, Elisha Hutchinson, Esq., James Hall, mariner, Foster Hutchinson, Esq., Benjamin Mulbury Holmes, distiller, Samuel Hodges, book-keeper, Henry Halson, Esq., Hawes Hatch, wharfinger, John Joy, housewright, Peter Johonnot, distiller, William Jackson, merchant, John Jeffries, physician, Henry Laughton, merchant, James Henderson, trader, John Hinston, yeoman, Christopher Hatch, mariner, Robert Jarvis, mariner, Richard Lechmere, Esq., Edward Lyde, merchant, Henry Lloyd, Esq., George Leonard, miller, Henry Leddle, book-keeper, Archibald McNeil, baker, Christopher Minot, tide-waiter, James Murray, Esq., William McAlpine, bookbinder, Thomas Mitchell, mariner, William Martin, Esq., John Knutton, tallow-chandler, Thomas Knight, shop-keeper, Samuel Prince, merchant, Adino Paddock, Esq., Charles Paxon, Esq., Sir William Pepperell, baronet, John Powell, Esq., William Lee Perkins, physician, Nathaniel Perkins, Esq., Samuel Quincy, Esq., Owen Richards, tide-waiter, Samuel Rogers, merchant, Jonathan Simpson, Esq., George Spooner, merchant, Edward Stowe, mariner, Richard Smith, merchant, Jonathan Snelling, Esq., David Silsby, trader, Samuel Sewall, Esq., Abraham Savage, tax-gatherer, Joseph Scott, Esq., Francis Skinner, clerk to the late council, William Simpson, merchant, Richard Sherwin, saddler, Henry Smith, merchant, John Semple, merchant, Robert Semple, merchant, Thomas Selkrig, merchant, James Selkrig, merchant, Robert Service, trader, Simon Tufts, trader, Arodi Thayer, late marshal to the admiralty court, Nathaniel Taylor, deputy naval officer, John Troutbeck, clerk, Gregory Townsend, Esq., William Taylor, merchant, William Vassal, Esq., Joseph Taylor, merchant, Joshua Upham, Esq., William Walter, clerk, Samuel Waterhouse, merchant, Isaac Winslow, merchant, John Winslow. jr., merchant, David Willis, mariner, Obadiah Whiston, blacksmith, Archibald Wilson, trader, John White, mariner, William Warden, peruke-maker, Nathaniel Mills, John Hicks, John Howe, and John Fleming, printers, all of Boston, in the county of Suffolk, Robert Auchmuty, Esq., Joshua Loring, Esq., both of Roxbury, in the same county, Samuel Goldsbury, yeoman, of Wrentham, in the county of Suffolk, Joshua Loring, jr., merchant, Nathanial Hatch, Esq., both of Dorchester, in the same county, William Brown, Esq., Benjamin Pickman, Esq., Samuel Porter, Esq., John Sargeant, trader, all of Salem, in the county of Essex, Richard Saltonstall, Esq., of Haverhill, in the same county. Thomas Robie, trader, Benjamin Marston, merchant, both of Marblehead, in said county of Essex, Moses Badger, clerk, of Haverhill, aforesaid, Jonathan Sewall, Esq., John Vassal, Esq., David Phipps, Esq., John Nutting, carpenter, all of Cambridge, in the county of Middlesex, Isaac Royall, Esq., of Medford, in the same county, Henry Barnes, of Marlborough, in said county of Middlesex, merchant, Jeremiah Dummer Rogers, of Littleton in the same county, Esq., Daniel Bliss, of Concord, in the said county of Middlesex, Esq., Charles Russell, of Lincoln, in the same county, physician, Joseph Adams, of Townsend, in said county of Middlesex, Thomas Danforth, of Charlestown, in said county, Esq., Joshua Smith, trader of Townsend, in said county, Joseph Ashley, jr., gentleman, of Sunderland, Nathaniel Dickenson, gentleman, of Deerfield, Samuel Bliss, shopkeeper, of Greenfield, Roger Dickenson, yeoman, Joshah Pomroy, physician, and Thomas Cutler, gentleman, of Hatfield, Jonathan Bliss, Esq., of Springfield, William Galway, yeoman, of Conway, Elijah Williams, attorney at law, of Deerfield, James Oliver, gentleman, of Conway, all in the county of Hampshire, Pelham Winslow, Esq., Cornelius White, mariner, Edward Winslow, jr., Esq., all of Plymouth, in the county of Plymouth, Peter Oliver, Esq., Peter Oliver, jr., physician, both of Middleborough, in the same county, Josiah Edson, Esq., of Bridgewater, in the said county of Plymouth, Lieutenant Daniel Dunbar, of Halifax, in the same county, Charles Curtis, of Scituate, in the said county of Plymouth, gentleman, Nathaniel Ray Thomas, Esq., Israel Tilden, Caleb Carver, Seth Bryant, Benjamin Walker, Gideon Walker, Zera Walker, Adam Hall, tertius, Isaac Joice, Joseph Phillips, Daniel White, jr., Cornelius White, tertius, Melzar Carver, Luke Hall, Thomas Decrow, John Baker, jr., all of Marshfield, in the said county of Plymouth, Gideon White, jr., Daniel Leonard, Esq., Seth Williams, jr., gentleman, Solomon Smith, boatman, all of Taunton, in the county of Bristol, Thomas Gilbert, Esq., Perez Gilbert, Ebenezer Hathaway, jr., Lot Strange, the third, Zebedee Terree, Bradford Gilbert, all of Freetown, in the same county, Joshua Broomer, Shadrach Hathaway, Calvin Hathaway, Luther Hathaway, Henry Tisdel, William Burden, Levi Chace, Shadrach Chace, Richard Holland, Ebenezer Phillips, Samuel Gilbert, gentleman, Thomas Gilbert, jr., yeoman, both of Berkley, in the said county of Bristol, Ammi Chace, Caleb Wheaton, Joshua Wilbore, Lemuel Bourn, gentleman, Thomas Perry, yeoman, David Atkins, laborer, Samuel Perry, mariner, Stephen Perry, laborer, John Blackwell, jr., laborer, Francis Finney, laborer, and Nehemiah Webb, mariner, all of Sandwich, in the county of Barnstable, Eldad Tupper, of Dartmouth, in the county of Bristol, laborer, Silas Perry, laborer, Seth Perry, mariner, Elisha Bourn, gentleman, Thomas Bumpus, yeoman, Ephraim Ellis, jr., yeoman, Edward Bourn, gentleman, Nicholas Cobb, laborer, William Bourn, cordwainer, all of Sandwich, in the county of Barnstable, and Seth Bangs, of Harwich, in the county of Barnstable, mariner, John Chandler, Esq., James Putnam, Esq., Rufus Chandler, gentleman, William Paine, physician, Adam Walker, blacksmith, William Chandler, gentleman, all of Worcester, in the county of Worcester, John Walker, gentleman, David Bush, yeoman, both of Shrewsbury, in the same county, Abijah Willard, Esq., Abel Willard, Esq., Joseph House, yeoman, all of Lancaster, in the said county of Worcester, Ebenezer Cutler, trader, James Edgar, yeoman, both of Northbury, in the same county, Daniel Oliver, Esq., Richard Ruggles, yeoman, Gardner Chandler, trader, Joseph Ruggles, gentleman, Nathaniel Ruggles, yeoman, all of Hardwick, in the said county of Worcester, John Ruggles, yeoman, of said Hardwick, John Eager, yeoman, Ebenezer Whipple, Israel Conkay, John Murray, Esq., of Rutland, in said county of Worcester, Daniel Murray, gentleman, Samuel Murray, gentleman, Michael Martin, trader, of Brookfield, in the said county of Worcester, Thomas Beaman, gentleman, of Petersham, in the same county, Nathaniel Chandler, gentleman, John Bowen, gentleman, of Princeton, in the said county of Worcester, James Crage, gentleman, of Oakham, in the same county, Thomas Mullins, blacksmith, of Leominster, in the said county of Worcester, Francis Waldo, Esq., Arthur Savage, Esq., Jeremiah Pote, mariner, Thomas Ross, mariner, James Wildridge, mariner, George Lyde, custom house officer, Robert Pagan, merchant, Thomas Wyer, mariner, Thomas Coulson, merchant, John Wiswall, clerk, Joshua Eldridge, mariner, Thomas Oxnard, merchant, Edward Oxnard, merchant, William Tyng, Esq., John Wright, merchant, Samuel Longfellow, mariner, all of Falmouth, in the county of Cumberland, Charles Callahan, of Pownalborough, in the county of Lincoln, mariner, Jonas Jones of East Hoosuck, in the county of Berkshire, David Ingersoll, of Great Barrington, Esq., in the same county, Jonathan Prindall, Benjamin Noble, Francis Noble, Elisha Jones, of Pittsfield, in the said county of Berkshire, John Graves, yeoman, Daniel Brewer, yeoman, both of Pittsfield, aforesaid, Richard Square, of Lanesborough, in the said county of Berkshire, Ephraim Jones, of East Hoosuck, in the same county. Lewis Hubbel, and many other persons have left this state, or some other of the United States of America, and joined the enemies thereof and of the United States of America, thereby not only depriving these states of their personal services at a time when they ought to have afforded their utmost aid in defending the said states, against the invasions of a cruel enemy, but manifesting an inimical disposition to the said states, and a design, to aid and abet the enemies thereof in their wicked purposes, and whereas many dangers may accrue to this state and the United States, if such persons should be again admitted to reside in this state:
Sect. 1. Be it therefore enacted by the Council and House of Representatives, in general court assembled, and by the authority of the same, that if either of the said persons, or any other person, though not specially named in this act, who have left this state, or either of said states, and joined the enemies thereof as aforesaid, shall, after the passing this act, voluntarily return to this state, it shall be the duty of the sheriff of the county, and of the selectmen, committees of correspondence, safety, and inspection, grand jurors, constables, and tythingmen, and other inhabitants of the town wherein such person or persons may presume to come, and they are hereby respectively empowered and directed forthwith to apprehend and carry such person or persons before some justice of the peace within the county, who is hereby required to commit him or them to the common gaol within the county, there in close custody to remain until he shall be sent out of the state, as is hereinafter directed; and such justice is hereby directed to give immediate information thereof to the board of war of this state: and the said board of war are hereby empowered and directed to cause such person or persons so committed, to be transported to some part or place within the dominions, or in the possession of the forces of the king of Great Britain, as soon as may be after receiving such information: those who are able, at their own expense, and others at the expense of this state, and for this purpose to hire a vessel or vessels, if need be.
Sect. 2. And be it further enacted by the authority aforesaid, that if any person or persons, who shall be transported as aforesaid, shall voluntarily return into this state, without liberty first had and obtained from the general court, he shall, on conviction thereof before the superior court of judicature, court of assize and general gaol delivery, suffer the pains of death without benefit of clergy.—[Passed September, 1778.]
WORCESTER RESOLUTIONS RELATING TO THE ABSENTEES AND REFUGEES.
The following votes were passed by the citizens of Worcester, May 19, 1783, and contain the substance of their doings relative to the refugees:
Voted,——That in the opinion of this town, it would be extremely dangerous to the peace, happiness, liberty and safety of these states to suffer those who, the moment the bloody banners were displayed, abandoned their native land, turned parricides, and conspired to involve their country in tumult, ruin and blood, to become subjects of and reside in this government; that it would be not only dangerous, but inconsistent with justice, policy, our past laws, the public faith, and the principles of a free and independent state, to admit them ourselves, or have them forced upon us without our consent.
Voted,——That in the opinion of this town, this commonwealth ought, with the utmost caution, to naturalize or in any other way admit as subjects a common enemy, a set of people who have been by the united voice of the continent, declared outlaws, exiles, aliens and enemies, dangerous to its political being and happiness.
Voted,——That while there are thousands of the innocent, peaceable and defenceless inhabitants of these states, whose property has been destroyed and taken from them in the course of the war, for whom no provision is made, to whom there is no restoration of estates, no compensation for losses; that it would be unreasonable, cruel and unjust, to suffer those who were the wicked occasion of those losses, to obtain a restitution of the estates they refused to protect, and which they abandoned and forfeited to their country.
Voted,——That it is the expectation of this town, and the earnest request of their committees of correspondence, inspection and safety, that they, with care and diligence, will observe the movements of our only remaining enemies; that until the further order of government, they will, with decision, spirit and firmness, endeavor to enforce and carry into execution the several laws of this commonwealth, respecting these enemies to our rights, and the rights of mankind; give information should they know of any obtruding themselves into any part of this state, suffer none to remain in this town, but cause to be confined immediately, for the purpose of transportation according to law, any that may presume to enter it.
CONFISCATION ACT.
CONSPIRACY ACT.
An Act to confiscate the estates of certain notorious conspirators against the government and liberties of the inhabitants of the late province, now state, of Massachusetts Bay.
Whereas the several persons hereinafter mentioned, have wickedly conspired to overthrow and destroy the constitution and government of the late province of Massachusetts Bay, as established by the charter agreed upon by and between their late majesties William and Mary, late King and Queen of England, etc., and the inhabitants of said province, now state, of Massachusetts Bay; and also to reduce the said inhabitants under the absolute power and domination of the present king, and of the parliament of Great Britain, and, as far as in them lay, have aided and assisted the same king and parliament in their endeavors to establish a despotic government over the said inhabitants:
Sect. 1. Be it enacted by the Council and House of Representatives, in General Court assembled, and by the authority of the same, that Francis Bernard, baronet, Thomas Hutchinson, Esq., late governor of the late province, now state, of Massachusetts Bay, Thomas Oliver, Esq., late lieutenant governor, Harrison Grey, Esq., late treasurer, Thomas Flucker, Esq., late secretary, Peter Oliver, Esq., late chief justice, Foster Hutchinson, John Erving, jr., George Erving, William Pepperell, baronet, James Boutineau, Joshua Loring, Nathaniel Hatch, William Browne, Richard Lechmere, Josiah Edson, Nathaniel Rae Thomas, Timothy Ruggles, John Murray, Abijah Willard, and Daniel Leonard, Esqs., late mandamus counsellors of said late province, William Burch, Henry Hulton, Charles Paxon, and Benjamin Hallowell, Esqs., late commissioners of the customs, Robert Auchmuty, Esq., late judge of the vice-admiralty court, Jonathan Sewall, Esq., late attorney general, Samuel Quincy, Esq., late solicitor general, Samuel Fitch, Esq., solicitor or counsellor at law to the board of commissioners, have justly incurred the forfeiture of all their property, rights and liberties, holden under and derived from the government and laws of this state; and that each and every of the persons aforenamed and described, shall be held, taken, deemed and adjudged to have renounced and lost all civil and political relation to this and the other United States of America, and be considered as aliens.
Sect. 2. Be it enacted by the authority aforesaid, that all the goods and chattels, rights and credits, lands, tenements, and hereditaments of every kind, of which any of the persons herein before named and described, were seized or possessed, or were entitled to possess, hold, enjoy, or demand, in their own right, or which any other person stood or doth stand seized or possessed of, or are or were entitled to have or demand to and for their use, benefit and behoof, shall escheat, enure and accrue to the sole use and benefit of the government and people of this state, and are accordingly hereby declared so to escheat, enure and accrue, and the said government and people shall be taken, deemed and adjudged, and are accordingly hereby declared to be in the real and actual possession of all such goods, chattels, rights and credits, lands, tenements and hereditaments, without further inquiry, adjudication or determination hereafter to be had: any thing in the act, entitled, "An act for confiscating the effects of certain persons commonly called absentees," or any other law, usage, or custom to the contrary notwithstanding; provided always, that the escheat shall not be construed to extend to or operate upon, any goods, chattels, rights, credits, lands, tenements or hereditaments, of which the persons afore named and described, or some other, in their right and to their use, have not been seized or possessed, or entitled to be seized or possessed, or to have or demand as aforesaid, since the nineteenth day of April, in the year of our Lord one thousand seven hundred and seventy-five.—[Passed April 30, 1779. Not revised.]
STATE OF MASSACHUSETTS.
An Act for confiscating the estates of certain persons commonly called
absentees.
Whereas every government hath a right to command the personal service of all its members, whenever the exigencies of the state shall require it, especially in times of an impending or actual invasion, no member thereof can then withdraw himself from the jurisdiction of the government, and thereby deprive it of the benefit of his personal services, without justly incurring the forfeiture of all his property, rights and liberties, holden under and derived from that constitution of government, to the support of which he hath refused to afford his aid and assistance: and whereas the king of Great Britain did cause the parliament thereof to pass divers acts in direct violation of the fundamental rights of the people of this and of the other United States of America; particularly one certain act to vacate and annul the charter of this government, the great compact made and agreed upon between his royal predecessors and our ancestors; and one other act, declaring the people of said states to be out of his protection; and did also levy war against them, for the purpose of erecting and establishing an arbitrary and despotic government over them; whereupon it became the indispensable duty of all the people of said states forthwith to unite in defence of their common freedom, and by arms to oppose the fleets and armies of the said king; yet nevertheless, divers of the members of this and of the other United States of America, evilly disposed, or regardless of their duty towards their country, did withdraw themselves from this, and other of the said United States, into parts and places under the acknowledged authority and dominion of the said king of Great Britain, or into parts and places within the limits of the said states, but in the actual possession and under the power of the fleets or armies of the said king; thereby abandoning the liberties of their country, seeking the protection of the said king, and of his fleets or armies, and aiding or giving encouragement and countenance to their operations against the United States aforesaid:
Sect. 1. Be it enacted by the Council and House of Representatives, in General Court assembled, and by the authority of the same, that every inhabitant and member of the late province, now state, of Massachusetts Bay, or of any other of the late provinces or colonies, now United States of America, who, since the nineteenth day of April, Anno Domini one thousand seven hundred and seventy-five, hath levied war or conspired to levy war against the government and people of any of the said provinces or colonies, or United States; or who hath adhered to the said king of Great Britain, his fleets or armies, enemies of the said provinces or colonies or United States, or hath given to them aid or comfort; or who, since the said nineteenth day of April, Anno Domini one thousand seven hundred and seventy-five, hath withdrawn, without the permission of the legislative or executive authority of this or some other of the said United States, from any of the said provinces or colonies, or United States, into parts and places under the acknowledged authority and dominion of the said king-of Great Britain, or into any parts or places within the limits of any of the said provinces, colonies, or United States, being in the actual possession and under the power of the fleets or armies of the said king; or who, before the said nineteenth day of April, Anno Domini one thousand seven hundred and seventy-five, and after the arrival of Thomas Gage, Esq., (late commander-in-chief of all his Britannic Majesty's forces in North America,) at Boston, the metropolis of this state, did withdraw from their usual places of habitation within this state, into the said town of Boston, with an intention to seek and obtain the protection of the said Thomas Gage and of the said forces, then and there being under his command: and who hath died in any of the said parts or places, or hath not returned into some one of the said United States, and been received as a subject thereof, and (if required) taken an oath of allegiance to such states, shall beheld, taken, deemed and adjudged to have freely renounced all civil and political relation to each and every of the said United States, and be considered as an alien.
Sect. 2. And be it further enacted by the authority aforesaid, that all the goods and chattels, rights and credits, lands, tenements, hereditaments of every kind, of which any of the persons herein before described were seized or possessed, or were entitled to possess, hold, enjoy or demand, in their own right, or which any other person stood or doth stand seized or possessed of, or are or were entitled to have or demand to and for their use, benefit and behoof, shall escheat, enure and accrue to the sole use and benefit of the government and people of this state, and are accordingly hereby declared so to escheat, enure and accrue.—[Passed April 30, 1779. Not revised.]