FOOTNOTES:

[117] Cf. American History and Government, §§ 120-124.

[D. THE REVOLUTION]

[XXI. PRELIMINARY PERIOD—TO 1774]

On the history and subdivisions of this period, cf. American History and Government, §§ 126-144. Many documents which might be expected for the Revolution are omitted in this volume because of the short quotations from them in American History and Government.

118. Sugar Act of 1764

Pickering's Statutes at Large, XXVI, 33-52 (4 Geo. III, c. 15). On the bearing of this and the Stamp Act (following) upon the Revolution, cf. American History and Government, §§ 131, 132.

An act for granting certain duties in the British colonies and plantations in America; for continuing, amending, and making perpetual, an act passed in the sixth year of the reign of his late Majesty King George the Second, (intituled, An act for the better securing and encouraging the trade of his Majesty's sugar colonies in America;) for applying the produce of such duties, and of the duties to arise by virtue of the said act, towards defraying the expences of defending, protecting, and securing the said colonies and plantations; ... and for altering and disallowing several drawbacks on exports from this kingdom, and more effectually preventing the clandestine conveyance of goods to and from the said colonies and plantations, and improving and securing the trade between the same and Great Britain.

WHEREAS it is expedient that new provisions and regulations should be established for improving the revenue of this Kingdom, and for extending and securing the navigation and commerce between Great Britain and your Majesty's dominions in America, which, by the peace, have been so happily enlarged: and whereas it is just and necessary, that a revenue be raised, in your Majesty's said dominions in America, for defraying the expences of defending, protecting, and securing the same ... be it enacted ..., That from and after [September 29, 1764], there shall be raised, levied, collected, and paid, unto his Majesty ..., for and upon all white or clayed sugars of the produce or manufacture of any colony or plantation in America, not under the dominion of his Majesty ...; for and upon indico, and coffee of foreign produce or manufacture; for and upon all wines (except French wine;) for and upon all wrought silks, bengals, and stuffs, mixed with silk or herba, of the manufacture of Persia, China, or East India, and all callico painted, died, printed, or stained there; and for and upon all foreign linen cloth called Cambrick and French Lawns, which shall be imported or brought into any colony or plantation in America ... under the dominion of his Majesty ..., the several rates and duties following; that is to say,

For every hundred weight avoirdupois of such foreign white or clayed sugars, one pound two shillings, over and above all other duties imposed by any former act of parliament....

For every hundred weight avoirdupois of such foreign coffee, which shall be imported from any place except Great Britain, two pounds, nineteen shillings, and nine pence.

For every ton of wine of the growth of the Madeiras, or of any other island or place from whence such wine may be lawfully imported ..., the sum of seven pounds.

For every ton of Portugal, Spanish, or any other wine (except French wine) imported from Great Britian, the sum of ten shillings.

For every pound weight avoirdupois of wrought silks, bengals, and stuffs, mixed with silk or herba, of the manufacture of Persia, China, or East India, imported from Great Britain, two shillings.

For every piece of callico painted, dyed, printed, or stained, in Persia, China, or East India, imported from Great Britain, two shillings and six pence.

For every piece of foreign linen cloth, called Cambrick, imported from Great Britain, three shillings....

II. And it is hereby further enacted ... That from and after [September 29, 1764] there shall also be raised, levied, collected, and paid, unto his Majesty ..., for and upon all coffee and pimento of the growth and produce of any British colony or plantation in America, which shall be there laden on board any British ship or vessel, to be carried out from thence or any other place whatsoever, except Great Britain, the several rates and duties following; that is to say,

III. For every hundred weight avoirdupois of such British coffee, seven shillings.

For every pound weight avoirdupois of such British pimento, one half penny....

[IV, V, VI. The Sugar Act of 1733 (No. 100c) to continue in force perpetually with a decrease of one half in the rate upon imports from British colonies.]

XI. And it is further enacted ... That all the monies which ... shall arise by the several rates ... herein ... granted ... shall be paid into the receipt of his Majesty's Exchequer, and shall be entered separate and apart from all other monies paid or payable to his Majesty ...: and shall be there reserved, to be, from time to time, disposed of by parliament, towards defraying the necessary expences of defending, protecting, and securing, the British colonies and plantations in America.

XVIII. And be it further enacted ..., That from and after ... [September 29, 1764] ..., no rum or spirits of the produce or manufacture of any of the colonies or plantations in America, not in the possession or under the dominion of his Majesty ..., shall be imported or brought into any of the colonies or plantations in America which now are, or hereafter may be, in the possession or under the dominion of his Majesty ... upon forfeiture of all such ruin or spirits, together with the ship or vessel in which the same shall be imported, with the tackle, apparel, and furniture thereof; to be seized by any officer or officers of his Majesty's customs, and prosecuted in such manner and form as herein is after expressed; any law, custom, or usage, to the contrary notwithstanding.

XXVII. And it is hereby further enacted ..., That from and after ... [September 29, 1764] ..., all coffee, pimento, cocoa nuts, whale fins, raw silk, hides, and skins, pot and pearl ashes, of the growth, production, or manufacture, of any British colony or plantation in America, shall be imported directly from thence into this kingdom, or some other British colony or plantation.

[XXVIII Adds iron and lumber of all sorts to the "enumerated" list of articles to be exported by the colonies only to Great Britain.]

[Most of the omitted sections of this long act have to do with providing a costly but efficient machinery of bonds, inspectors, etc., to enforce the navigation laws. The stringent section, XXXV, designed to prevent any trade whatever with the French West Indies is added.]

XXXV. And, in order to prevent any illicit trade or commerce between his Majesty's subjects in America, and the subjects of the crown of France in the islands of Saint Pierre and Miquelon, it is hereby further enacted ..., That from and after [September 29, 1764], if any British ship or vessel shall be found standing into, or coming out from, either of those islands, or hovering or at anchor within two leagues of the coasts thereof, or shall be discovered to have taken any goods or merchandizes on board at either of them, or to have been there for that purpose; such ship or vessel, and all the goods so taken on board there, shall be forfeited and lost, and shall and may be seized and prosecuted by any officer of his Majesty's customs; and the master or other person having the charge of such ship or vessel, and every person concerned in taking any such goods on board, shall forfeit treble the value thereof.

119. Stamp Act

March 22, 1765

Pickering's Statutes at Large, XXVI, 179-204 (5 Geo. III, c. 12).

An act for granting and applying certain stamp duties, and other duties, in the British colonies and plantations in America, towards further defraying the expences of defending, protecting, and securing the same; ...

WHEREAS ... it is just and necessary, that provision be made for raising a further revenue within your Majesty's dominions in America, towards defraying the ... expences [of the colonies] ... be it enacted ..., That from and after the first day of November, one thousand seven hundred and sixty five, there shall be raised, levied, collected, and paid unto his Majesty, his heirs, and successors, throughout the colonies and plantations in America....

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written or printed, any declaration, plea, replication, rejoinder, demurrer, or other pleading, or any copy thereof, in any court of law within the British colonies and plantations in America, a stamp duty of three pence.

[Fifty-five paragraphs follow, each imposing a duty (varying from a penny to several pounds) for different legal or governmental papers, or upon the sale of certain articles, or upon pamphlets, with many pages of provisions for the enforcement of the law.]

LIV. And be it further enacted ..., That all the monies which shall arise by the several rates and duties hereby granted (except the necessary charges of raising, collecting, recovering, answering, paying, and accounting for the same, and the necessary charges from time to time incurred in relation to this act, and the execution thereof) shall be paid into the receipt of his Majesty's exchequer, and shall be entered separate and apart from all other monies, and shall be there reserved to be from time to time disposed of by parliament, towards further defraying the necessary expences of defending, protecting, and securing, the said colonies and plantations.

120. Reception of the Stamp Act in America

a. Patrick Henry's Resolutions, May 27, 1765

Journals of the Virginia House of Burgesses, 1761-1765, lxvi-lxvii.

The text below gives the resolutions as approved in committee of the whole, May 27. The last two failed to pass the House, May 28; and May 29 the last of the others was expunged from the record. The full text was published by newspapers, however, and it was generally supposed that Virginia had approved them all as here given.

Whereas, The Honorable House of Commons, in England, have of late drawn into question how far the General Assembly of this colony hath power to enact laws for laying of taxes and imposing duties payable by the people of this, his Majesty's most ancient colony; for settling and ascertaining the same to all future times, the House of Burgesses of this present General Assembly have come to the following resolves.

Resolved, That the first adventurers, settlers of this his Majesty's colony and dominion of Virginia, brought with them and transmitted to their posterity, and all other his Majesty's subjects, since inhabiting in this his Majesty's colony, all the privileges and immunities that have at any time been held, enjoyed, and possessed by the people of Great Britain.

Resolved, That by two royal charters, granted by King James the First, the colony aforesaid are declared and entitled to all privileges, and immunities of natural born subjects, to all intents and purposes as if they had been abiding an born within the realm of England.

Resolved, That his Majesty's liege people of this ancient colony have enjoyed the right of being thus governed by their own Assembly in the article of taxes and internal police, and that the same have never been forfeited, or any other way yielded up, but have been constantly recognized by the King and people of Great Britain.

Resolved, Therefore, that the General Assembly of this colony, together with his Majesty or his substitutes, have, in their representative capacity, the only exclusive right and power to lay taxes and imposts upon the inhabitants of this colony; and that every attempt to vest such power in any other person or persons whatever than the General Assembly aforesaid, is illegal, unconstitutional, and unjust, and has a manifest tendency to destroy British as well as American liberty.

Resolved, That his Majesty's liege people, the inhabitants of this colony, are not bound to yield obedience to any law or ordinance whatever, designed to impose any taxation whatsoever upon them, other than the laws or ordinances of the General Assembly aforesaid.

Resolved, That any person who shall, by speaking or writing, assert or maintain that any person or persons, other than the General Assembly of this colony, have any right or power to impose or lay any taxation on the people here, shall be deemed an enemy to his Majesty's colony.

[The sixth and seventh resolutions point to forcible resistance, not merely to protest. This is the peculiarity which marks off this document from many others of the time. A few months later, that tone was common. Cf. b, below.]

b. An Association against the Stamp Act in a Virginia County, 1766

Journals of the House of Burgesses, 1761-1765, lxxii. These Resolutions were drawn by Richard Henry Lee.

[County] resolutions passed at Leedstown, on the 27th day of February 1766:

... We, who subscribe this paper, have associated, and do bind ourselves to each other, to God, and to our country, by the firmest ties that religion and virtue can frame, most sacredly and punctually to stand by, and with our lives and fortunes, to support, maintain, and defend each other in the observance and execution of these following articles....

Thirdly. As the Stamp Act does absolutely direct the property of the people to be taken from them without their consent expressed by their representatives, and as in many cases it deprives the British American subject of his right to trial by jury; we do determine, at every hazard, and, paying no regard to danger or to death, we will exert every faculty, to prevent the execution of the said Stamp Act in any instance whatsoever within this Colony. And every abandoned wretch, who shall be so lost to virtue and public good, as wickedly to contribute to the introduction or fixture of the Stamp Act in this Colony, by using stampt paper, or by any other means, we will, with the utmost expedition, convince all such profligates that immediate danger shall attend their prostitute purpose.

Fourthly. That the last article may most surely and effectually be executed, we engage to each other, that whenever it shall be known to any of this association, that any person is so conducting himself as to favor the introduction of the Stamp Act, that immediate notice shall be given to as many of the association as possible; and that every individual so informed, shall, with expedition, repair to a place of meeting to be appointed as near the scene of action as may be....

Sixthly. If any attempt shall be made on the liberty or property of any associator for any action or thing to be done in consequence of this engagement, we do most solemnly bind ourselves by the sacred engagements above entered into, at the utmost risk of our lives and fortunes, to restore such associate to his liberty, and to protect him in the enjoyment of his property....

[One hundred and fifteen names are signed,—among them, a Washington and six Lees.]

c. Resignation of Stamp Distributor in Virginia, 1765 (Letter of the Governor to the Lords of Trade)

Journals of the House of Burgesses, 1762-1765, lxviii-lxxi.

Williamsburg Nov. 3d 1765.

My Lords,

The present unhappy state of this Colony, will, to my great concern, oblige me to trouble Your Lordships with a long and very disagreeable letter. We were for some time in almost daily expectations of the arrival of Colonel Mercer with the Stamps for the use of this Colony, and rumours were industriously thrown out that at the time of the General Court parties would come down from most parts of the country to seize on and destroy all Stamped Papers....

Very unluckily, Colonel Mercer arrived at the time this town was the fullest of Strangers. On Wednesday the 30th October he came up to town. I then thought proper to go to the Coffee house ... that I might be an eye witness of what did really pass, and not receive it by relation from others. The mercantile people were all assembled as usual. The first word I heard was "One and all"; upon which, as at a word agreed on before between themselves, they all quitted the place to find Colonel Mercer at his Father's lodgings where it was known he was. This concourse of people I should call a mob, did I not know that it was chiefly if not altogether composed of gentlemen of property in the Colony, some of them at the head of their respective Counties, and the merchants of the country, whether English, Scotch or Virginian; for few absented themselves. They met Colonel Mercer on the way, just at the Capitol: there they stopped and demanded of him an answer whether he would resign or act in this office as Distributor of the Stamps. He said it was an affair of great moment to him; he must consult his friends; and promised to give them an answer at 10 o'clock on Friday morning at that place. This did not satisfy them; and they followed him to the Coffee house, in the porch of which I had seated myself with many of the Council and the Speaker, who had posted himself between the crowd and myself. We all received him with the greatest marks of welcome; with which, if one may be allowed to judge by their countenances, they [the "mob">[ were not well pleased, tho' they remained quiet and were silent. Now and then a voice was heard from the crowd that Friday was too late; the Act would take place, they would have an answer tomorrow. Several messages were brought to Mr. Mercer by the leading men of the crowd, to whom he constantly answered he had already given an answer and he would have no other extorted from him. After some little time a cry was heard, "let us rush in." Upon this we that were at the top of the [steps], knowing the advantage our situation gave us to repell those who should attempt to mount them, advanced to the edge of the Steps, of which number I was one. I immediately heard a cry, "See the Governor, take care of him." Those who before were pushing up the steps, immediately fell back, and left a small space between me and them. If your Lordships will not accuse me of vanity I would say that I believe this to be partly owing to the respect they bore to my character and partly to the love they bore to my person. After much entreaty of some of his friends, Mr. Mercer was, against his own inclination, prevailed upon to promise them an answer at the Capitol the next evening at five. The crowd did not yet disperse; it was growing dark, and I did not think it safe to have to leave Mr. Mercer behind me, so I again advanced to the edge of the steps and said aloud I believed no man there would do me any hurt, and turned to Mr. Mercer and told him if he would walk with me through the people I believed I could conduct him safe to my house; and we accordingly walked side by side through the thickest of the people, who did not molest us, tho' there was some little murmurs. By me thus taking him under my protection, I believe I saved him from being insulted at least. When we got home we had much discourse on the subject. ... He left me that night in a state of uncertainty what part he should act.

Accordingly Mr. Mercer appeared at the Capitol at 5, as he had promised. The number of people assembled there was much increased, by messengers having been sent into the neighborhood for that purpose. Colonel Mercer then read to them the answer which is printed in the Supplement of the Gazette, of which I enclose your Lordships a copy, to which I beg leave to refer.[118]...

[Mercer offered to resign his commission to the governor—who refused to accept the resignation.] If I accepted the resignation, I must appoint another, and I was well convinced I could not find one to accept of it, in those circumstances, which would render the office cheap. Besides if I left Mr. Mercer in possession of the place he would be always ready to distribute the Stamped papers, whenever peoples eyes should be opened and they should come to their senses, so as to receive them....

Francis Fauquier.

Colonel Mercer has informed me that he proposes to apply to the Commanders of His Majesty's ships of War, to take the Stamped Papers on board their ships for His Majesty's, service: it being the place of the greatest if not the only security for them: for I am convinced, as well as himself, that it would be extremely dangerous to attempt to land them during the present fermented state of the Colony. If these Gentlemen should refuse to take charge of them, and Mr. Mercer should apply to me, I will do my duty to His Majesty and save them from being destroyed, to the best of my power, tho' I can by no means answer for the success of my endeavors....

I am with the greatest respect and esteem, my Lords

Your Lordships most obedient
and devoted Servant.

Francis Fauquier.

d. Terrorizing the Respecters of the Law in New Jersey

The New York Gazette or Weekly Post Boy, February 27, 1766; reproduced in New Jersey Archives, First Series, XXV, 38.

A large Gallows was erected in Elizabeth-Town last Week, with a Rope ready fixed thereto; and the Inhabitants there vow and declare that the first Person that either distributes and [or] takes out [i.e., uses] Stamped Paper, shall be hung thereon without Judge or Jury.

121. Origin of the Virginia Non-importation Agreement

a. Protest of the Burgesses against the Proposal of the English Government to send Americans, accused of Treason, to England for Trial.

Journals of the House of Burgesses, 1766-1769, 212-218.

Tuesday, the 16th of May. 9 Geo. III. 1769.

... The Order of the Day being read, for the House to resolve itself into a Committee of the whole House, to consider of the present State of the Colony;

Ordered, That ... one other Statute made in the Thirty-fifth Year of the same King's Reign [Henry VIII], entituled, An Act for the Trial of Treasons committed out of the King's Dominions, be referred to the said Committee.

Then the House resolved itself into the said Committee.

Mr. Speaker left the Chair.

Mr. Blair took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Blair reported, from the Committee, that they had come to several Resolutions; which he read in his Place, and afterwards delivered in at the Clerk's Table, where the same were read, and are as followeth, viz.

[Resolutions I and II repeat familiar clauses as to right of taxation only by the Virginia Assembly, and as to right of petition for redress of grievances.]

[III] Resolved, That it is the Opinion of this committee, that all Trials for Treason, Misprison of Treason, or for any Felony or Crime whatsoever, committed and done in this his Majesty's said Colony and Dominion, by any Person or Persons residing therein, ought of Right to be had, and conducted in and before his Majesty's Courts, held within the said Colony, according to the fixed and known Course of Proceeding; and that the seizing any Person or Persons, residing in this Colony, suspected of any Crime whatsoever, committed therein, and sending such Person, or Persons, to Places beyond the Sea, to be tried, is highly Derogatory of the Rights of British Subjects; as thereby the inestimable Privilege of being tried by a Jury from a Vicinage as well as the Liberty of summoning and producing Witnesses on such Trial, will be taken away from the Party accused....

[A fourth resolution declared the purpose of memorializing King George upon the matter of the third resolution.]

The said Resolutions being severally read a second Time;

Resolved, Nemine Contradicente,

That this House doth agree with the Committee in the said Resolutions.

Resolved, That this House will, To-morrow, resolve itself into a Committee of the whole House, to consider further of the present State of the Colony.

Ordered, That the Speaker of this House do transmit without Delay, to the Speakers of the several Houses of Assembly, on this Continent, a Copy of the Resolutions now agreed to by this House, requesting their Concurrence therein.

Ordered, That a Committee be appointed to draw up an Address, to be presented to his Majesty, upon the fourth Resolution of the Committee of the whole House, this Day reported, and agreed to by the House.

Wednesday, the 17th of May. 9 Geo. III. 1769.

Ordered, That the Resolutions of the Committee of the whole House, Yesterday reported to the House, and by them agreed to, be printed in the Virginia Gazette.

[Mr. Blair, previously appointed to draft an address to the King, read the address, as follows.]

When we consider, that by the established Laws and Constitution of this Colony, the most ample Provision is made for apprehending and punishing all those who shall dare to engage in any treasonable Practices against your Majesty, or disturb the Tranquility of Government, we cannot, without Horror, think of the new, unusual, and permit us, with all Humility, to add, unconstitutional and illegal Mode, recommended to your Majesty, of seizing and carrying beyond the Sea, the Inhabitants of America, suspected of any Crime; and of trying such Persons in any other Manner than by the ancient and long established Course of Proceeding: For how truly deplorable must be the Case of a wretched American, who, having incurred the Displeasure of any one in Power, is dragged from his native Home, and his dearest domestick Connections, thrown into Prison, not to await his Trial before a Court, Jury, or Judges, from a Knowledge of whom he is encouraged to hope for speedy Justice; but to exchange his Imprisonment in his own Country, for Fetters amongst Strangers? Conveyed to a distant Land, where no Friend, no Relation, will alleviate his Distresses, or minister to his Necessities; and where no Witness can be found to testify his Innocence; shunned by the reputable and honest, and consigned to the Society and Converse of the wretched and the abandoned; he can only pray that he may soon end his Misery with his Life....

The said Address being read a second Time;

Resolved, Nemine Contradicente,

That the House doth agree with the Committee, in the said Address, to be presented to his Majesty.

Ordered, That Mr. Speaker do transmit the said Address to the Agent for this Colony, with Directions to cause the same to be presented to his Most Excellent Majesty; and afterwards to be printed and published in the English Papers.

A Message from the Governor, by Mr. Walthoe:

"Mr. Speaker, the Governor commands the immediate Attendance of your House in the Council Chamber."

Accordingly, Mr. Speaker, with the House, went up to attend the Governor in the Council Chamber; where his Excellency was pleased to say to them:

"Mr. Speaker, and Gentlemen of the House of Burgesses, I have heard of your Resolves and augur ill of their Effect: You have made it my Duty to dissolve you; and you are dissolved accordingly."

b. Association of the Ex-Burgesses, May 18, 1769

Journals of House of Burgesses, 1766-1769, xxxix ff.

"The late representatives of the people" then judging it necessary that some action should be taken to relieve their "distressed situation, and for preserving the true and essential interests of the Colony, resolved upon a meeting" and at once repaired to the house of Mr. Anthony Hay, when it was proposed that such matters as demanded attention might be considered. This body, according to adjournment, met next day and continued its session. The minutes of both meetings, not being included in the regular Journals of the House of Burgesses, were ordered by the Burgesses to be printed, as follows.

Williamsburg Wednesday, the 17th May. 1769.

About 12 o'Clock his Excellency the Governor was pleased, by his Messenger, to command the Attendance of the House of Burgesses in the Council Chamber, whereupon, in Obedience to his Lordship's Command, the House, with their Speaker, immediately waited upon his Excellency, when he thought fit to dissolve the General Assembly.

The late Representatives of the People then judging it necessary that some Measures should be taken in their distressed Situation, for preserving the true and essential Interests of the Colony, resolved upon a Meeting for that very salutary Purpose, and therefore, immediately, with the greatest Order and Decorum, repaired to the House of Mr. Anthony Hay in this City, where being assembled, it was first proposed, for the more decent and regular Discussion of such Matters as might be taken into Consideration, that a Moderator should be appointed, and, on the Question being put, Peyton Randolph, Esq; late Speaker of the House of Burgesses, was unanimously elected.

The true state of the Colony, being then opened and fully explained, and it being proposed that a regular Association should be formed, a Committee was appointed to prepare the necessary and most proper Regulations for that Purpose, and they were ordered to make their Report to the General Meeting the next Day at 10 o'clock.

Thursday. May 18.

At a farther Meeting, according to Adjournment, the Committee appointed Yesterday, made their Report, which being read, seriously considered and approved, was signed by a great Number of the Principal Gentlemen of the Colony then present, and is as follows:

We his Majesty's most dutiful Subjects, the late Representatives of all the Freeholders of the Colony of Virginia, avowing our inviolable and unshaken Fidelity and Loyalty to our most gracious Sovereign, our Affection for all our Fellow Subjects of Great Britain protesting against every Act or Thing which may have the most distant Tendancy to interrupt, or in any wise disturb his Majesty's Peace, and the good Order of his Government in this Colony, which we are resolved, at the Risque of our Lives and Fortune, to maintain and defend; but at the same Time, being deeply affected with the Grievances and Distresses with which his Majesty's American Subjects are oppressed, and dreading the Evils which threaten the ruin of ourselves and our posterity, by reducing us from a free and happy People, to a wretched and miserable State of Slavery; and having taken into our most serious Consideration the present State of the Trade of this Colony, and of the American Commerce in general, observe with Anxiety, that the Debt due Great Britain for Goods imported from thence is very great, and that the Means of paying this Debt, in the present Situation of Affairs, are likely to become more and more precarious; that the Difficulties, under which we now labour, are owing to Restrictions, Prohibitions, and ill advised Regulations in several late Acts of Parliament of Great Britain; in particular, that the late unconstitutional Act, imposing Duties on Tea, Paper, Glass, etc., for the sole Purpose of raising a Revenue in America, is injurious to Property; and destructive to Liberty, hath a necessary Tendency to prevent the Payment of the Debt due from this Colony to Great Britain, and is, of Consequence, ruinous to Trade; that, notwithstanding the many earnest Applications already made, there is little reason to expect a Redress of those Grievances: Therefore, in Justice to ourselves and our Posterity, as well as to the Traders of Great Britain concerned in the American Commerce, we, the Subscribers, have voluntarily and unanimously entered into the following Resolutions, in Hopes that our Example will induce the good People of this Colony to be frugal in the Use and Consumption of British Manufactures, and that the Merchants and Manufacturers of Great Britain may, from Motives of Interest, Friendship, and Justice, be engaged to exert themselves to obtain for us a Redress of those Grievances, under which the Trade and Inhabitants of America at present labour: We do therefore most earnestly recommend this our Association to the serious inhabitants of this Colony, in Hopes, that they will very readily and cordially accede thereto.

First, It is UNANIMOUSLY agreed on and resolved this 18th day of May, 1769, that the Subscribers, as well by their own Example, as all other legal Ways and Means in their Power, will promote and encourage Industry and Frugality, and discourage all Manner of Luxury and Extravagance.

Secondly, That they will not at any Time hereafter, directly or indirectly import, or cause to be imported, any Manner of Goods, Merchandise, or Manufactures, which are, or shall thereafter be taxed by Act of Parliament, for the Purpose of raising a Revenue in America (except Paper, not exceeding Eight Shillings Sterling per Reem, and except such Articles only, as Orders have been already sent for) nor purchase any such after the First Day of September next, of any Person whatsoever, but that they will always consider such Taxation, in every Respect, as an absolute Prohibition, and in all future Orders, direct their Correspondents to ship them no Goods whatever, taxed as aforesaid, except as is above excepted. ...[119]

[Present
89 members.]

The business being finished, the following TOASTS were drank, and Gentlemen retired.

The KING,

The QUEEN and ROYAL FAMILY,

His Excellency Lord BOTETOURT [the Governor], and Prosperity to VIRGINIA.

The speedy and lasting Union between Great Britain and her Colonies.

The constitutional British Liberty in America, and all true Patriots, the Supporters thereof....

122. The Origin of Massachusetts Town-Committees of Correspondence, 1772

Boston Town Records, 1770-1777 (Report of the Record Commissioners, 1887), pp. 90-93.

A Boston town meeting of October 28 had been concerned with the report that "Stipends are affixed by order of the Crown to the offices of the Judges of Superior Court." This action had been taken by the British government to render the judges independent of the Assembly and of public opinion in Massachusetts. The meeting had voted that "a decent ... Application" be made to the governor asking for information as to the truth of the report. The Governor's refusal appears in the first part of the document. This crisis, and the refusal of Governor Hutchinson (below) to permit the Assembly to meet, brought about the organization of committees of correspondence. Cf. American History and Government, § 140.

Fryday October 30, 10 O'Clock Before Noon, Met according to Adjournment.

The Committee to present the Governor an Address Reported the following answer which his Excellency delivered to them in Writing—Viz—

Gentlemen

It is by no means proper for me to lay before the Inhabitants of any Town whatsoever in consequence of their Votes and Proceedings in a Town Meeting any part of my Correspondence as Governor of this Province or to acquaint them whether I have or have not received any advice relating to the public Affairs of the Government. This reason alone if your Address to me had been in other respects unexceptionable, would have been sufficient to restrain me from complying with your desire—

I shall always be ready to gratify the Inhabitants of the Town of Boston upon every regular Application to me on business of public concernment to the Town as far as I shall have it in my power consistent with fidelity to the trust which his Majesty has reposed in me—

T. Hutchinson.

The aforegoing answer, having been considered—It was moved and the Question put—Whether application shall be now made to his Excellency by the Town that he would be pleased to permit the General Assembly to meet at the time to which they stand prorogued, which passed in the Affermative Nem Con.—It was then Voted, that

be a Committee to prepare a Petition to his Excellency for the purpose aforesaid—

The Petition of a number of the Inhabitants—"That another public School may be Established at the South part of the Town," was read, and after debate had thereon—the Question was put—Whether the Consideration of the same shall be referred to March Meeting—Passed in the affermative.

The Committee appointed by the Town at a late Meeting to consider what was proper to be done to prevent the ruin of Beacon Hill, were desired to make Report as soon as may be.

Voted, that the Town Clerk be directed to lay the Original Grant of Beacon Hill before the Town at their adjournment.

Upon a Motion made—Voted, that the Selectmen be added to the Committee relative to Beacon Hill—

The Committee chosen to prepare a Petition to the Governor, relative to the Meeting of the General Court—Reported the following Draft—Viz—

The Petition of the Freeholders and other Inhabitants of the Town of Boston legally Assembled by Adjournment in Faneuil Hall on Fryday 30 of October 1772—

Humbly Sheweth—

That your Petitioners are still greatly alarmed at the Report which has been prevalent of late Viz. That Stipends are affixed to the Offices of the Judges of the Superior Court of Judicature of this Province by Order of the Crown for their support—

Such an Establishment is contrary not only to the plain and obvious sense of the Charter of this Province but also some of the fundamental Principles of the Common Law, to the benefit of which all British Subjects, wherever dispersed throughout the British Empire, are indubitably entitled—...

It is therefore their earnest and humble request that your Excellency would be pleased to allow the General Assembly to meet at the time to which they now stand prorogued; in order that in that Constitutional Body, with whom it is to enquire into Grievances and Redress them, the Joint Wisdom of the Province may be employed, in deliberating and determining on a matter so important and alarming—

The Town having considered the foregoing Draft of a Petition to Governor Hutchinson—It was Voted, that the same be accepted, Nem. Con. Also Voted, that [seven names] be a Committee to present the Petition to his Excellency—

Voted, that this Meeting be Adjourned to Monday next 3. O'Clock P.M.

Monday November 2d 3. O'Clock P.M. Met According to Adjournment.

The Committee appointed to present a Petition To his Excellency the Governor of this Province, Reported and laid before the Town the following Reply which his Excellency had been pleased to deliver them in writing—Viz. [A firm claim that the town-meeting was meddling with matters that were beyond its province, and a refusal to call the Assembly.]

The foregoing Reply having been read several times and duly considered; it was moved and the Question accordingly put Whether the same be satisfactory to the Town; which passed in the Negative Nem. Con. And thereupon—

Resolved as the Opinion of the Inhabitants of this Town that they have ever had, and ought to have, a right to Petition the King or his Representatives for the Redress of such Grievances as they feel or for preventing of such as they have reason to apprehend, and to communicate their Sentiment to other Towns.

It was then moved by Mr. Samuel Adams, That a Committee of Correspondence be appointed to consist of twenty-one Persons—to state the Rights of the Colonists and of this Province in particular, as Men, as Christians, and as Subjects; to communicate and publish the same to the several Towns in this Province and to the World as the sense of this Town, with the Infringements and Violations thereof that have been, or from time to time may be made—Also requesting of each Town a free communication of their Sentiments on this Subject—And the Question being accordingly put—Passed in the Affermative. Nem. Con.—Also Voted, that

Then the Meeting was dissolved.

123. Creation of Standing Intercolonial Committees of Correspondence, 1773

This was the most important step in America between the Stamp Act Congress and the First Continental Congress. Cf. American History and Government, § 140.

a. Jefferson's Account of the Origin of the Movement (written at a Later Date)

Ford's Writings of Jefferson, I is, 7, 8.

Not thinking our old and leading members up to the point of forwardness and zeal which the times required, Mr. Henry, Richard Henry Lee, Francis L. Lee, Mr. Carr and myself agreed to meet in the evening in a private room of the Raleigh, to consult on the state of things. There may have been a member or two more whom I do not recollect. We were all sensible that the most urgent of all measures was that of coming to an understanding with all the other colonies, to consider the British claims as a common cause to all, and to produce a unity of action; and for this purpose that a committee of correspondence in each colony would be the best instrument for intercommunication; and that their first measure would probably be, to propose a meeting of deputies from every colony, at some central place, who should be charged with the direction of the measures which should be taken by all. We therefore drew up the resolutions. The consulting members proposed to me to move them, but I urged that it should be done by Mr. Carr, my friend and brother in law, then a member, to whom I wished an opportunity should be given of making known to the house his great worth and talents. It was so agreed; he moved them. They were agreed to nem. con., and a committee of correspondence appointed, of whom Peyton Randolph, the Speaker, was chairman.

b. The Action, of the Virginia Burgesses

Journals of the House of Burgesses, 1775-1776, 26-28.

Friday, the 12th of March, 13 Geo. III. 1773.

The House resolved itself into a Committee of the whole House, upon the State of the Colony.

Mr. Speaker left the chair.

Mr. Bland took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Bland reported from the Committee, that they had directed him to make the following Report to the House, viz.[120]

Whereas, the minds of his Majesty's faithful Subjects in this Colony have been disturbed, by various Rumours and Reports of proceedings tending to deprive them of their ancient, legal and constitutional Rights.

And whereas, the affairs of this Colony are frequently connected with those of Great Britain, as well as of the neighboring Colonies, which renders a Communication of Sentiments necessary; in Order therefore to remove the Uneasiness, and to quiet the minds of the People, as well as for the other good purposes above mentioned:

Be it resolved, that a standing Committee of Correspondence and inquiry be appointed, to consist of eleven Persons, to wit, the Honourable Peyton Randolph, Esquire, Robert Carter Nicholas, Richard Bland, Richard Henry Lee, Benjamin Harrison, Edmund Pendleton, Patrick Henry, Dudley Digges, Dabney Carr, Archibald Cary, and Thomas Jefferson, Esquires, any six of whom to be a Committee, whose business it shall be to obtain the most early and authentic intelligence of all such Acts and Resolutions of the British Parliament, or proceedings of Administration, as may relate to or affect the British Colonies in America, and to keep up and maintain a Correspondence and Communication with our Sister Colonies, respecting these important Considerations; and the result of such their proceedings, from Time to Time, to lay before this House.

Resolved, that it be an instruction to the said Committee, that they do, without delay, inform themselves particularly of the principles and Authority, on which was constituted a Court of Inquiry, said to have been lately held in Rhode Island, with Powers to transmit Persons, accused of Offences committed in America, to places beyond the Seas, to be tried.

The said Resolutions, being severally read a second Time, were upon the Question severally put thereupon agreed to by the House, nemine contradicente.

Resolved, that the Speaker of this House do transmit to the Speakers of the different Assemblys of the British Colonies, on the Continent, Copies of the said Resolutions, and desire that they will lay them before their respective Assemblies; and request them to appoint some Person or Persons, of their respective Bodies, to communicate, from Time to Time, with the said Committee.

c. Letters received by the Virginia Committee of Correspondence, 1773

Journals of the House of Burgesses of Virginia, 1773-1767, 47-50.

(1)

Rhode Island.

New Port, May 15th, 1773.

SIR:

I had the Pleasure of receiving your Favour of the 19th of March with the Resolves of the House of Burgesses of Virginia; which with the Letter from your Committee of Correspondence I laid before the House of Deputies of this Colony at their meeting the last Week.

The House thoroughly convinced that a firm Union of the Colonies is absolutely necessary for the Preservation of their ancient, legal and constitutional Rights, and that the Measures proposed by your House of Burgesses will greatly promote so desirable an End, came, Nemine contradicente, into the Resolutions of which I have the honor now to enclose you a Copy.

I am desired to inform you that the Committee apointed by our House of Deputies, will, as soon as possible, transmit to the Committee of Correspondence of Virginia, the best Accounts they shall be able to obtain, respecting the Court of Inquiry lately held in this Colony.

I am with great Respect, your most obedient Servant,

Metcalf Bowler [Speaker].

[The Resolves inclosed, as follows.] May 7th 1773. In the House of Deputies.

Resolved that a standing Committee of Correspondence and Inquiry be appointed to consist of seven Persons, to wit the honorable Stephen Hopkins, Esquire, Metcalf Bowler, Moses Brown, John Cole, William Bradford, Henry Ward, and Henry Merchant Esquires, and four of whom to be a Committee, whose Business it shall be to obtain the most early and authentick Intelligence of all such Acts and Resolutions of the British Parliament or Proceedings of Administration as may relate to or affect the British Colonies in America, and to keep up and maintain a Correspondence with our Sister Colonies respecting these important Considerations; and the Result of such their Proceedings from Time to Time to lay before this House.

Voted Per Order J. Lyndon, Clerk.

The above written is a true Copy of a Vote of the House of Deputies of Lower House of Assembly of the Colony of Rhode Island.

May 7th 1773. In the House of Deputies.

Resolved, that the Speaker of this House be requested to write to the Speaker of the House of Burgesses in Virginia, and to all other Speakers of Assemblies in North America, informing them of the Proceedings of this House relating to the Preservation of the Rights of the Colonies.

Voted Per Order J. Lyndon, Clerk.

(2)

From a Massachusetts Legislative Committee.

Province of Massachusetts Bay, June 3d., 1773.

Sir:

The very judicious and important Resolves entered into by the House of Burgesses of his Majesty's most ancient Colony of Virginia on the 12th March last, together with your obliging Letter inclosing the same, have been laid before the house of Representatives of this Province.

The Wisdom of the Measures proposed in those Resolves, and the great and good Effects that may reasonably be expected to flow from them, not only to the Colonies but the Parent State, were so obvious, that the House immediately adopted them; and appointed a Committee to keep up and maintain a free Communication with Virginia and the Rest of the Sister Colonies.

[Similar replies from other colonies.]

124. Tea Riots

From a Philadelphia Handbill to the Delaware Pilots, September, 1773, given in Scharf and Westcott's History of Philadelphia, I, 286.

... We need not point out to you the steps you ought to take if the tea-ship falls in your way. You cannot be at a loss how to prevent, or if that cannot be done, how to give the merchants of the city timely notice of her arrival. But this you may depend upon, that whatever pilot brings her into the river, such pilot will be marked for his treason. ... Like Cain, he will be hung out as a spectacle to the nations, and be forever recorded as the damned traitorous pilot who brought up the tea-ship....

(Signed) The Committee for Tarring and Feathering.

[Another broadside was addressed as a warning to Captain Ayers of the expected tea-ship. "What think you, Captain, of a Halter round your Neck, ten gallons of liquid Tar decanted on your Pate, with the feathers of a doxen wild Geese lain over that, to enliven your appearance?"

All this activity preceded the Boston "Tea-Party." The Philadelphia ship, however, did not arrive until some weeks after she was expected—on Christmas Day at Gloucester Point, near the city. The Captain was escorted to the city, where a mass meeting of 8000 people persuaded him to sail at once for England, without breaking cargo.]