FOOTNOTES:
[118] Mercer promised not to act unless first he should have secured permission from the Virginia Assembly. He was then borne in triumph to his lodgings by the joyful "mob."
[119] George Washington and George Mason (as their preserved letters show) had been in correspondence regarding such a non-importation agreement for some weeks. Mason drew the resolutions; Washington was to have presented them to the Assembly. Now he did so (in person or by deputy) to the informal meeting at Mr. Hay's. See Washington's Writings, first edition, II, 263; and Mason's Life and Correspondence, I, 136 ff.
[120] Only the result of the action of the Committee of the Whole goes on record. Cf. No. 121.
[XXII. RISE OF REVOLUTIONARY GOVERNMENTS]
The colonies between 1768 and 1773 had each organized, more or less perfectly, local committees—town or county—to enforce non-importation agreements, and these committees often acted as "committees of correspondence" to organize the province as a unit for action. Then in 1773 the Intercolonial Committees (No. 123) gave the germ of a standing continental union.
"The next step toward revolutionary government was to develop from the local committees the Provincial Congresses in individual colonies, and from the intercolonial committees of the continent a Continental Congress. These things developed in the summer and fall of 1774, as the result of three events: (1) the attempt of the ministry to force taxed tea down the throats of the colonists [see § 121 for colonial resistance]; (2) the rather animated protest of the Boston Tea Party; and (3) the punishment of Boston by the Port Bill." (American History and Government, § 141. Cf. remainder of the same section for additional explanation.)
The documents for this period are very numerous, and many of the most valuable are not suitable for condensation and are too long for insertion here. It has seemed well to draw primarily upon one colony; and Virginia has been selected, partly because of her leadership, partly because her documents excel in form.
125. The Virginia Burgesses suggest an Annual Continental Congress
A detailed account is given in American History and Government, § 141.
a. Extract from a Letter by a Member of the Assembly to a London Friend
Force's American Archives, Fourth Series, I, 340. The Assembly had met May 6. Very little business had been transacted when the news of the Boston Port Bill arrived; but Virginia had been in high good humor with her governor, and the Burgesses had appointed May 30 for a great state ball, in honor of the governor's wife, the Lady Countess of Dunmore, just arrived from England.
Williamsburg, May 20, 1774.
Infinite astonishment, and equal resentment, has seized every one here on account of the war sent to Boston. It is the universal determination to stop the exportation of tobacco, pitch, tar, lumber, etc., and to stop all importation from Britain while this act of hostility continues. We every day expect an express from Boston, and it appears to me incontestabl[y] certain, that the above measures will be universally adopted. We see with concern, that this plan will be most extensively hurtful to our fellow-subjects in Britain; nor would we have adopted it, if Heaven had left us any other way to secure our liberty, and prevent the total ruin of ourselves and our posterity to endless ages. A wicked Ministry must answer for all the consequences. I hope the wise and good on your side will pity and forgive us. The House is now pushing on the public business for which we were called here at this time; but before we depart, our measures will be settled and agreed on. The plan proposed is extensive; it is wise, and I hope, under God, it will not fail of success. America possesses virtue unknown and unfelt by the abominable sons of corruption who planned this weak and wicked enterprise.
b. Thomas Jefferson's Account of the Feeling aroused by News of the Port Bill, and of the Action taken Thereon
Works, Washington edition, I, 6, 7. The Autobiography in which this passage occurs was composed many years after the event.
The lead in the House ... being no longer left to the old members, Mr. Henry, R. H. Lee, Fr. L. Lee, three or four other members whom I do not recollect, and myself, agreeing that we must boldly take an unequivocal stand in the line with Massachusetts, determined to meet and consult on proper measures ... We were under conviction of the necessity of arousing our people ... and thought that ... a day of general fasting and prayer would be most likely to ... alarm their attention. No example of such a solemnity had existed since. ... our distresses in the war of of '55, since which a new generation had grown up. With the help, therefore, of Rushworth [Historical Collections], whom we rummaged over for the revolutionary precedents and forms of the Puritans of that day [England, in the Seventeenth century], we cooked up a resolution, somewhat modernizing the phrases, for appointing the first day of June, on which the Port Bill was to commence, as a day of fasting, humiliation, and prayer. ... To give greater emphasis to our proposition, we agreed to wait the next morning on Mr. Nicholas, whose grave and religious character was more in unison with the tone of our resolution, and to solicit him to move it ... He moved it the same day ... and it passed without opposition [c, below.]
c. Resolution of the Burgesses
Journals of the House of Burgesses, 1773-1776, 123-136.
Tuesday, the 24th of May. 14 Geo. III. 1774.
This House, being deeply impressed with apprehension of the great dangers, to be derived to british America, from the hostile Invasion of the City of Boston, in our Sister Colony of Massachusetts bay, whose commerce and harbour are, on the first Day of June next, to be stopped by an Armed force, deem it highly necessary that the said first day of June be set apart, by the Members of this House, as a day of Fasting, Humiliation, and Prayer, devoutly to implore the divine interposition for averting the heavy Calamity which threatens destruction to our Civil Rights, and the Evils of civil War; to give us one heart and one Mind firmly to oppose, by all just and proper means, every injury to American Rights; and that the Minds of his Majesty and his Parliament, may be inspired from above with Wisdom, Moderation, and Justice, to remove from the loyal People of America all cause of danger from a continued pursuit of Measures pregnant with their ruin.
d. Dissolution
Thursday, the 26th of May. 14 Geo. III. 1774.
The Order of the Day being read;
Mr. Speaker laid before the House the Letters from the Speakers of the lower Houses of Assembly of the British Colonies in America, with other Papers, upon the subject matter, which were referred to the standing Committee of Correspondence and Inquiry.
And the said Letters and Papers were read.
Resolved, that the said Letters and Papers be taken into Consideration upon this Day Sevenight....
A Message from the Governor by Mr. Blair:
"Mr. Speaker: the Governor commands this House to attend his Excellency immediately, in the Council Chamber."
Accordingly Mr. Speaker with the House, went up to attend his Excellency in the Council Chamber, where his Excellency was pleased to say to them.
"Mr. Speaker and Gentlemen of the House of Burgesses,
"I have in my hand a Paper published by Order of your House, conceived in such Terms as reflect highly upon his Majesty and the Parliament of Great Britain; which makes it necessary for me to dissolve you; and you are dissolved accordingly."
e. Virginia Ex-burgesses propose an Annual Continental Congress
Journals of the House of Burgesses, 1773-1776, xiii, xiv.
This is the first such proposal by any body of men so nearly approaching a "government."
... an Association signed by eighty nine members of the House of Burgesses, in session in the old Raleigh Tavern in Williamsburg, on May 27th, 1774:
We his Majesty's most dutiful and loyal subjects, the late representatives of the good people of this country, having been deprived by the sudden interposition of the executive part of this government from giving our countrymen the advice we wished to convey to them in a legislative capacity, find ourselves under the hard necessity of adopting this, the only method we have left, of pointing out to our countrymen such measures as in our opinion are best fitted to secure our dearest rights and liberty from destruction, by the heavy hand of power now lifted against North America: With much grief we find that our dutiful applications to Great Britain for security of our ancient and constitutional rights, have been not only disregarded, but that a determined system is formed and pressed for reducing the inhabitants of British America to slavery by subjecting them to the payment of taxes imposed without the consent of the people or their representatives; and that in pursuit of this system, we find an act of the British parliament, lately passed, for stopping the harbour and commerce of the town of Boston, in our sister colony of Massachusetts Bay, until the people there submit to the payment of such unconstitutional taxes, and which act most violently and arbitrarily deprives them of their property, in wharfs erected by private persons, at their own great and proper expense, which act is, in our opinion, a most dangerous attempt to destroy the constitutional liberty and rights of all North America. It is further our opinion, that as Tea, on its importation into America, is charged with a duty imposed by parliament for the purpose of raising a revenue, without the consent of the people, it ought not to be used by any person who wishes well to the constitutional rights and liberty of British America. And whereas the India Company have ungenerously attempted the ruin of America by sending many ships loaded with tea into the colonies, thereby intending to fix a precedent in favor of arbitrary taxation, we deem it highly proper, and do accordingly recommend it strongly to our countrymen, not to purchase or use any kind of East India commodity whatsoever, except saltpetre and spices, until the grievances of America are redressed. We are further clearly of opinion, that an attack, made on one of our sister colonies to compel submission to arbitrary taxes, is an attack made on all British America, and threatens ruin to the rights of all, unless the united wisdom of the whole be applied. And for this purpose it is recommended to the Committee of Correspondence, that they communicate, with their several corresponding committees, on the expediency of appointing deputies from the several colonies of British America, to meet in general congress, at such place annually as shall be thought most convenient; there to deliberate on those general measures which the united interests of America may from time to time require.[121]
f. Letters from the Virginia Committee of Correspondence, according to direction above
Journals of the House of Burgesses, 1773-1776, 138.
At a Committee of Correspondence held in Williamsburg on Saturday the 28th May, 1774.
Present
- The honorable Peyton Randolph, Esquire
- Robert C. Nicholas, Richard Bland,
- Edmund Pendleton, Benjamin Harrison,
- Richard Henry Lee, Dudley Digges
- and Thomas Jefferson, Esquires.
Ordered, that Letters be prepared to the several Committees of Correspondence requesting their Sentiments on the Appointments of Deputies from the several Colonies to meet annually in general Congress. ... A Letter was accordingly prepared to the Committee of Correspondence for Maryland, which being read and approved of the Committee is as follows:
Williamsburg, May 28th 1774.
Gentlemen.
The inclosed Papers will explain to you our present political State here, with respect to the unhappy Dispute with our Mother Country. The Propriety of appointing Deputies from the several Colonies of British America to meet annually in general Congress, appears to be a Measure extremely important and extensively useful, as it tends so effectually to obtain the united Wisdom of the Whole, in every Case of General Concern. We are desired to obtain your Sentiments on this Subject which you will be pleased to furnish us with. Being very desirous of communicating to you the Opinion and Conduct of the late Representatives on the present Posture of American Affairs as quickly as possible we beg Leave to refer you to a future Letter on these Subjects.
We are, with great Respect,
Your most obedient Servants,
Peyton Randolph.
Robert C. Nicholas.
Dudley Digges.
To the Committee of Correspondence for Maryland.
Also Letters of the same Import, to the Committe of Correspondence for Pennsylvania, New Jersey, Massachuset's Bay, Connecticut, New Hampshire, Rhode Island, [Delaware], North Carolina, South Carolina, and Georgia.
Ordered, that the said Letters be sent by this Day's Post.
[On the arrival of these letters in Maryland, a Baltimore town meeting (May 31) called a Provincial Assembly, to appoint delegates to the proposed Continental Congress. Other counties took like action; and (June 22, before the time set for the Virginia Convention), the Maryland Convention met and named representatives. Two days earlier still, action had been taken in Rhode Island, after receipt of the Virginia suggestion, as appears below.]
g. Answer to Virginia from the Rhode Island Assembly [with Appointment of Delegates]
Journals of the House of Burgesses, 1773-1776, 152-153.
New Port June 20. 1774.
Sir,
Agreeable to the Directions of the General Assembly I have the honor to inclose you a Copy of certain Resolutions entered into by them respecting the very alarming Situation of the Colonies.
I have also to inform you that upon this Occasion the Assembly have adjourned to the fourth Monday in August next.
I am with very great Regard,
Sir, your most humble Servant.
Metcalf Bowler.
Speaker.
Resolutions inclosed.
At the general Assembly of the Governor and Company of the English colony of Rhode Island and Providence Plantations in New England in America begun and holden by Adjournment at Newport within and for the said Colony on the second Monday in June in the Year of our LORD one thousand seven hundred and seventy four and fourteenth of the Reign of his most sacred Majesty George the third by the grace of GOD king of Great Britain etc.
This Assembly taking into the most serious Consideration several Acts of the British Parliament for levying Taxes upon his Majesty's Subjects in America without their Consent, and particularly an Act lately passed for blocking up the Port of Boston, which Act even upon the Supposition that the People of Boston had justly deserved Punishment, is scarcely to be parallelled in History for the Severity of the Vengeance executed upon them; and also considering to what a deplorable State this and the other Colonies are reduced, when by an Act of Parliament in which the Subjects in America have not a single Voice, and without being heard, they may be divested of Property and deprived of Liberty, do upon mature Deliberation, resolve
That it is the Opinion of this Assembly that a firm and inviolable Union of all the Colonies in Counsels and Measures is absolutely necessary for the preservation of their Rights and Liberties; and that for that purpose, a Convention of the Representatives from all the Colonies ought to be holden in some suitable Place, as soon as may be, in Order to consult upon proper Measures to obtain a Repeal of the said Act, and to establish the Rights and Liberties of the Colonies upon a just and solid Foundation.
That the honorable Stephen Hopkins and the honorable Samuel Ward Esquires be and they are hereby appointed by this Assembly to represent the People of this Colony in a general Congress of Representatives from the other Colonies at such Time and place as shall be agreed upon by the major part of the Committees appointed or to be appointed by the Colonies in general.
That they consult and advise with the Representatives of the other Colonies who shall meet in such Congress upon a loyal and dutiful Petition and Remonstrance to be presented to his Majesty as the united Voice of his faithful Subjects in America setting forth the grievances they labour under, and praying his gracious Interposition for their Relief: And that in Case a major part of the Representatives of all the Colonies shall agree upon such Petition and Remonstrance they be empowered to sign the same on behalf of this Colony.
That they also consult upon all such reasonable and lawful Measures as may be expedient for the Colonies, in an united Manner to persue in Order to procure a Redress of their Grievances, and to ascertain and establish their Rights and Liberties.
That they also endeavor to Procure a regular annual Convention of Representatives from all the Colonies to consider of Proper Means for the preservation of the Rights and Liberties of the Colonies. ...[122]
(Witnessed) Henry Ward, Sect'y.
126. Another "Call" for the Continental Congress
June 17, 1774, the Massachusetts House of Representatives, under the lead of Samuel Adams (and after a carefully planned, secret campaign), adopted the following resolutions.
That a meeting of committees from the several colonies on this continent is highly expedient and necessary, to consult upon the present state of the colonies, and the miseries to which they are and must be reduced by the operation of certain acts of Parliament respecting America, and to deliberate and determine upon wise and proper measures, to be by them recommended to all the colonies, for the recovery and establishment of their just rights and liberties, civil and religious, and the restoration of union and harmony between Great Britain and the colonies, most ardently desired by all good men: Therefore, resolved, that the Hon. James Bowdoin, Esq., the Hon. Thomas Cushing, Esq., Mr. Samuel Adams, John Adams and Robert Treat Paine, Esqrs., be, and they are hereby appointed a committee on the part of this province, for the purposes aforesaid, any three of whom to be a quorum, to meet such committees or delegates from the other colonies as have been or may be appointed, either by their respective houses of burgesses or representatives, or by convention, or by the committees of correspondence appointed by the respective houses of assembly, in the city of Philadelphia, or any other place that shall be judged most suitable by the committee, on the 1st day of September next; and that the speaker of the house be directed, in a letter to the speakers of the houses of burgesses or representatives in the several colonies, to inform them of the substance of these resolves.
[This is often referred to as "the call" for the Continental Congress. It was the first action by a colonial legislature in regular session. It did not, however, have "legal" validity under the Charter to which the men of Massachusetts constantly appealed. That charter (1691) required the assent of the upper House and the approval of the governor for every resolution and every appointment; and these elements, of course, were lacking. The dramatic story of Sam Adams' plot is well told in many places,—notably in Dr. Hosmer's Samuel Adams.]
127. A Virginia County Suggests a Continental Congress and a General Association
Force, American Archives, Fourth Series, I, 392-393.
At a Meeting of the Freeholders and other Inhabitants of the County of Frederick, in Virginia ... the 8th day of June, 1774 [to consider the Boston Port Bill].
The Reverend Charles M. Thurston, Moderator.
A Committee of the following gentlemen, viz: the Reverend Charles M. Thurston, Isaac Zane, George Rootes, Angus McDonald, Alexander White, George Johnston, and Samuel Beall, 3d, were appointed to draw up Resolves suitable to the same occasion, who, withdrawing for a short time, returned with the following votes, viz:
Voted, 1st. That we will always cheerfully pay due submission to such Acts of Government as his Majesty has a right by law to exercise over his subjects, as Sovereign of the British Dominions, and to such only.
2d. That it is the inherent right of British subjects to be governed and taxed by Representatives chosen by themselves only; and that every Act of the British Parliament respecting the internal policy of North America, is a daring and unconstitutional invasion of our said rights and privileges.
3d. That the Act of Parliament above mentioned is not only in itself repugnant to the fundamental law of natural justice, in condemning persons for a supposed crime unheard, but also a despotic exertion of unconstitutional power, calculated to enslave a free and loyal people.
4th. That the enforcing the execution of the said Act of Parliament by a military Power, will have a necessary tendency to raise a civil war, thereby dissolving that union which has so long happily subsisted between the mother country and her Colonies; ...
5th. It is the unanimous opinion of this meeting, that a joint resolution of all the Colonies to stop all importations from Great Britain, and exportations to it, till the said Act shall be repealed, will prove the salvation of North America and her liberties....
7th. That it is the opinion of this meeting that Committees ought to be appointed for the purpose of effecting a general Association, that the same measures may be pursued through the whole Continent. That the Committees ought to correspond with each other, and to meet at such places and times as shall be agreed on, in order to form such General Association, and that when the same shall be formed and agreed on by the several Committees, we will strictly adhere thereto; and till the general sense of the Continent shall be known, we do pledge ourselves to each other and our country, that we will inviolably adhere to the votes of this day.
8th. That Charles M. Thurston, Isaac Zane, Angus McDonald, Samuel Beall, 3d, Alexander White, and George Rootes, be appointed a Committee for the purposes aforesaid; and that they or any three of them, are hereby fully empowered to act.
Which being read, were unanimously assented to and subscribed.
[This meeting makes no reference to the action of the ex-Burgesses at Williamsburg some ten days before, but probably it originated from that action.]
128. The First Call for a Provincial Convention (Virginia)
a. Suggestion from the Ex-Burgesses (May 30, 1774)
Force, American Archives, Fourth Series, I, p. 351.
The ex-Burgesses, many of them, remained in Williamsburg to attend the state ball on the 30th and for the day of prayer, June 1 (cf. No. 122 c). On the day after the call for a Continental Congress (May 29), letters arrived from committees of correspondence in the northern colonies, as below noted; and the following day, twenty-five of the ex-Burgesses called a meeting of the whole number for August 1, as below. That meeting was expanded into a true representative convention by modifications in the plan indicated in b and c below. Force does not indicate the source of the following statement; but presumably it was printed by order of the meeting in the Williamsburg papers. Such proceedings were ordered printed in almost every case by the various county meetings; but the clause referring to printing is usually omitted in these extracts.
... Immediately upon receipt of these letters the Honorable Peyton Randolph, Esquire, moderator of the Committee of the late House of Representatives, thought it proper to convene all the members that were then in town; who on considering those important papers [suggesting the need of uniform action in the various colonies], came to a resolution to call together several other members near this city, to whom notice could be given. [Twenty-five of them met next day, Monday, May 30, at ten o'clock, when] it was unanimously agreed to refer the further consideration of this matter to the first day of August next; at which time it is expected there will be a very general attendance of the late members of the House....
[This notice is referred to in a letter of June 23 by Richard Henry Lee to Samuel Adams as follows, after describing the meeting of the ex-Burgesses on May 27—No. 125, e.] ... "Most of the members, myself among the rest, had left Williamsburg before your message from Boston arrived. Twenty-five of them, however, were assembled to consider that message, and they determined to invite a general meeting of the whole body on the first of August." (Force, Fourth Series, I, 446.)
[Presumably the committee of correspondence sent out a circular letter to the various counties. The editor of this volume has not been able to find any such letter, but some of the documents just following assume such action. After June 1, the remaining ex-Burgesses at Williamsburg departed home, in order to arouse their respective counties to appoint delegates for the August convention.]
b. Sample Notice to a Virginia County by an Ex-Burgess
Force, American Archives, Fourth Series, I, 418. Thomas Mason writes from Williamsburg on June 16, portraying the situation, through several pages. Only the close of the letter is given here.
If the governour should be restrained by the instructions of a wicked Minister from relieving the distresses of the Colony by calling an Assembly, immediately, and writs should not be issued for that purpose before the 1st day of July, I advise the freeholders of each county in the Colony to convene themselves and choose two of the most able and discreet of their inhabitants to accompany and assist their late Representatives at the meeting at Williamsburg, on the 1st of August; and let the whole Colony unanimously support whatever may be there resolved upon.
[Lord Dunmore did issue writs that same day for a new Assembly, to meet August 11. No doubt he hoped this would induce the Virginia counties not to appoint delegates to the meeting called for August 1. Such a purpose was suspected and defeated. (See below, § 129, a).
Some counties sent only their ex-burgesses to the August Convention; some elected new burgesses for the Assembly called for August 11, but instructed them to attend the Convention also on the 1st; and some (as Mason suggested) sent not only their "burgesses," but also certain additional deputies.]
c. Sample Call for a County Meeting to give Instructions for the August Convention
Force, American Archives, Fourth Series, I, 451.
At a meeting of the Committee of Correspondence for Norfolk ... held at the Court House, on Monday, the 27th day of June, 1774. Present [six names].
Voted That the Freeholders and Inhabitants of the County and Borough of Norfolk be earnestly requested to attend at the Court House of the said County on Wednesday, the 6th day of July next, at ten o'clock in the forenoon, that the late Burgesses may collect their sentiments previous to the meeting appointed to be held at Williamsburg, on the 1st day of August next.
William Davis, Clerk.
As late Burgesses for Norfolk ... we heartily concur ... with the Committee of Correspondence, and propose to attend at the time appointed. [Signatures of the ex-burgesses for the County.]
[The meeting was held at the appointed time (Force, IV, 1, 518), and adopted ten resolutions—directing "our late Burgesses" to attend the Williamsburg Convention on August 1; to try to secure a "general association" there for the Colony of Virginia, "against all importations and exportations (medicines excepted) to and from Great Britain"; to try to extend such association against every part of the colonies which should refuse to accept the measure; and to secure the appointment in each County of Virginia of a Committee "of respectable men ... to prevent any breach of such ... Association as may be adopted.">[
129. Typical Virginia County Instructions to Delegates to the First Provincial Convention
Force has preserved records of meetings in thirty-one Virginia counties, to appoint and instruct delegates to the Provincial Convention called for the 1st of August. Many of these sets of instructions rank as great state papers, quite equal in logic, rhetoric, and statesmanship to the documents put forth by the Continental Congress three months later at Philadelphia. The Fairfax County resolutions, which are given in about a third part below, seem to have been in exceptional degree the model for the resolutions adopted by the August Convention, which, in turn, with the same Fairfax document, must have been before the committees of the Continental Congress which drew up the famous documents issued by that body.
Brief extracts from a few other Virginia county resolutions follow the main document (a), to show the drift of feeling in certain plain matters. When the exact location in Force is omitted, to save space, it can readily be found from the index to that work.
Virginia Counties appoint Delegates to the First Virginia Convention
a. Westmoreland County (Virginia) Resolutions
Force, American Archives, Fourth Series, I, 437, 438.
At a respectable Meeting of the Freeholders and other Inhabitants of the County of Westmoreland, assembled on due notice, at the Court House of the said County, on Wednesday, the 22d of June, 1774.
[The Reverend Mr. Thomas Smith, having been appointed Moderator], Several papers containing the Proceedings of the late House of Burgesses of this Colony, and the subsequent determinations of the late Representatives after the House was dissolved, together with extracts of several Resolves of the Provinces of Massachusetts Bay, Maryland, etc., being read, the meeting proceeded seriously to consider the present dangerous and truly alarming crisis, when ruin is threatened to the ancient constitutional rights of North America, and came to the following Resolves:
7th. This meeting do heartily concur with the late Representative body of this country, to disuse tea, and not purchase any other commodity of the East Indies, except saltpetre, until the grievances of America are redressed. (Cf. No. 125 e, above.)
8th. We do most heartily concur in these preceding Resolves, and will, to the utmost of our power, take care that they are carried into execution; and that we will regard every man as infamous who now agree to, and shall hereafter make a breach of all or any of them; subject however to such future alterations as shall be judged expedient, at a general meeting of Deputies from the several parts of this Colony, or a general Congress of all the Colonies.
9th. We do appoint Richard Henry Lee, and Richard Lee, Esquires, the late Representatives of this county, to attend the general meeting of Deputies from all the counties [August 1]; and we desire that they do exert their best abilities to get these, our earnest desires for the security of public liberty, assented to.
10th. And as it may happen that the Assembly now called to meet on the 11th of August, may be prorogued to a future day, and many of the Deputies appointed to meet on the 1st of August, trusting to the certainty of meeting in Assembly on the 11th may fail to attend on the first, by which means decisive injury may arise to the common cause of liberty, by the general sense of the country not being early known at this dangerous crisis of American freedom, we do, therefore, direct that our Deputies now chosen fail not to attend at Williamsburg, on the said 1st of August; and it is our earnest wish that the Deputies from other counties be directed to do the same, for the reasons above assigned.
[Other counties responded to this wish. Thus, seven days later, a "respectable meeting of Freeholders and Freemen of the County of Richmond," called to choose and instruct delegates to the August Convention, did so with the following caution:
"8th. This meeting do appoint Robert Wormeley Carter and Francis L. Lee, gentlemen, as their Deputies for the purposes afore said; and they do request them that they fail not to attend in Williamsburg on the said first day of August, and do not trust to meeting in Assembly on the 11th ... as it is in the power of Government either to prorogue the Assembly to a future day, or dissolve the same,—by which means the sense of this Colony may not be known." (Force, IV, 1, 492, 493.)]
b. Fairfax County (Virginia) Resolutions
Force, American Archives, Fourth Series, I, 597-602.
At a General Meeting of the Freeholders and other Inhabitants of the County of Fairfax, at the Court House in the Town of Alexandria, on Monday, the 18th day of July, 1774.
- George Washington, Esquire, Chairman, and
- Robert Harrison, Gentleman, Clerk.
Resolved, That this Colony and Dominion of Virginia cannot be considered as a conquered country, and, if it was, that the present inhabitants are the descendants, not of the conquered, but of the conquerors. That the same was not settled at the national expense of England, but at the private expense of the adventurers, our ancestors ... [and] that our ancestors ... brought with them, even if the same had not been confirmed by Charters, the civil Constitution and form of Government of the country they came from, and were by the laws of nature and Nations entitled to all its privileges, immunities, and advantages, which have descended to us, their posterity....
Resolved, That the most important and valuable part of the British Constitution, upon which its very existence depends, is the fundamental principle of the people's being governed by no laws to which they have not given their consent by Representatives freely chosen by themselves, who are affected by the laws they enact equally with their constituents, to whom they are accountable and whose burthens they share.
[The colonies "are not, and from their situation, cannot be, represented in the British Parliament"; and therefore "legislative power here can, of right, be exercised only by our Provincial Assemblies, or Parliaments, subject to the assent or negative of the British crown ..."; but it is recognized as reasonable that the British Parliament should, in practice, regulate trade "for the general good of that great body politick of which we are a part, although in some degree repugnant to the principles of the Constitution," but only when such power is exercised "with wisdom and moderation.">[
Resolved, That the claim lately assumed and exercised by the British Parliament, for making all such laws as they think fit to govern the people of these Colonies, and to extort from us our money without our consent, is not only diametrically contrary to the first principles of the Constitution and the original compacts by which we are dependent upon the British Crown and Government, but is totally incompatible with the privileges of a free people and the natural rights of mankind, will render our own Legislatures merely nominal and nugatory, and is calculated to reduce us from a state of freedom and happiness to slavery and misery.
Resolved, That taxation and representation are in their nature inseparable; that the right of withholding, or of giving and granting their own money, is the only effectual security to a free people against the encroachments of despotism and tyranny; and that whenever they yield the one, they must quickly fall a prey to the other.
Resolved, That the powers over the people of America, now claimed by the British House of Commons,—in whose election we have no share; in whose determinations we have no influence; whose information must be always defective, and often false; who in many instances may have a separate, and in some an opposite interest to ours; and who are removed from those impressions of tenderness and compassion, arising from personal intercourse and connection, which soften the rigours of the most despotick Government, must, if continued, establish the most grievous and intolerable species of tyranny and oppression that ever was inflicted upon mankind.
Resolved, That it is our greatest wish and inclination, as well as interest, to continue our connection with, and dependence upon, the British Government; but though we are its subjects, we will use every means which Heaven hath given us to prevent our becoming its slaves.
Resolved, That the several Acts of Parliament for raising a revenue upon the people of America without their consent; the erecting new and dangerous jurisdictions here [the "special commissions">[; the taking away our trials by jury; the ordering persons, on criminal accusations, to be tried in another country than that in which the fact is charged to have been committed; the Act inflicting Ministerial vengeance upon the town of Boston; the two Bills lately brought into Parliament for abrogating the charter of Massachusetts Bay, and for the protection and encouragement of murderers in the said Province,[123] are part of the above-mentioned iniquitous system....
Resolved, That nothing will so much contribute to defeat the pernicious designs of the common enemies of Great Britain and her Colonies, as a firm union of the latter, who ought to regard every act of violence or oppression inflicted upon any one of them, as aimed at all; and to effect this desirable purpose, that a Congress should be appointed, to consist of Deputies from all the Colonies, to concert a general and uniform plan for the defence and preservation of our common rights, and continuing the connection and dependence of the said Colonies upon Great Britain, under a just, lenient, permanent, and constitutional form of Government.
Resolved, That ... all manner of luxury and extravagance ought immediately to be laid aside, as totally inconsistent with the threatening and gloomy prospect before us; that it is the indispensable duty of all the gentlemen and men of fortune to set examples of temperance, fortitude, frugality, and industry ... [and] that great care and attention should be had to the cultivation of flax, cotton, and other materials for manufactures; and we recommend it to such of the inhabitants as have large stocks of sheep, to sell to their neighbors at a moderate price, as the most certain means of speedily increasing our breed of sheep and quantity of wool.[124]
[Some pages of resolves as to non-importation with much of the detail afterward copied by the Continental Congress—especially the following provisions:—
"That the merchants and vendors of goods ought not to take advantage of our present distress, but continue to sell the goods and merchandise which they now have, or which may be shipped to them before the 1st of September next [when non-importation was recommended to begin], at the same rates and prices they have been accustomed to do within one year past; and that if any person shall sell such goods on any other terms ... that no inhabitant of this colony should, at any time forever thereafter, deal with him, his agent, factor, or storekeeper, for any commodity whatsoever"; with provisions for depositing goods of later shippings with the committees of their counties, i.e., as adopted by the Continental Congress; resolutions against importing slaves, and against exporting lumber to the West Indies, and, after November 1, 1775 (unless redress of grievances should come), against all exports to Great Britain. "And ... as the people will thereby be disabled from paying their debts, that no judgments should be rendered by the Courts ... for any debt, after imformation of the said measures being determined upon.">[
Resolved, That George Washington, Esquire, and Charles Broadwater, Gentleman, lately elected our Representatives to serve in the General Assembly, attend the Convention at Williamsburg, on the first day of August next, and present these Resolves as the sense of the people of this county upon measures proper to be taken in the present alarming and dangerous situation of America.
Resolved, That George Washington Esquire, [and 24 others] be a Committee for this county; that they, or a majority of them, on any emergency, have power to call a general meeting, and to concert and adopt such measures as may be thought most expedient and necessary.
Resolved, That a copy of these Proceedings be transmitted to the Printer at Williamsburg, to be published.
[It is possible to find in these instructions by Fairfax County to its delegates to Williamsburg almost every provision of the "Association" adopted three months later by the Continental Congress at Philadelphia. For a very large part of the two documents, the language is almost identical. Much alike as many such papers of the time were, it is impossible to read these two together without being convinced that the committee which framed the Association at Philadelphia had a copy of the Fairfax instructions before them.]
c. Nansemond County (July 11)
[10] Resolved that every kind of luxury, dissipation, and extravagance, ought to be banished from amongst us....
[12] Resolved That the African [Negro] trade is injurious to this Colony, obstructs the population of it by freemen, prevents manufactures and useful emigrants from Europe from settling amongst us and occasions an annual increase of the balance of trade against the colony.[125]
[14] Resolved that to be clothed in manufactures fabricated in this Colony ought to be considered as a badge and distinction of respect and true patriotism.
d. York County (July 18)
[Instructions to delegates for the August Convention, after urging appointment of Virginia delegates to a "General Congress of America," continue:—]
"That these Representatives be instructed to form a Declaration of American Rights [That imports be stopped at once, and that exports be regulated by the General Congress when it comes.] "That industry and frugality be adopted, in their largest extent, throughout this Colony; and that horse-racing, and every species of expensive amusement, be laid aside, as unsuitable to the situation of the country, and unbecoming men who feel for its distress." [This county alone takes a royalist tone.] Resolved, That we do not approve of the conduct of the people of Boston in destroying the tea ... and notwithstanding the tax on tea must be esteemed a violent infringement of one of the fundamental privileges ... yet we apprehend violence cannot justify violence. ... A desistance from the consumption of tea, and a confidence in the virtue of our countrymen, whose sense of the spirit of the law will no doubt induce a total disuse of it, are much more eligible means, and more probably will work a repeal of the Act, than disorders, outrages, and tumults. John Adams' "Diary" (Works, II, 366 ff.). [Sept.] 5. Monday. At ten the delegates all met at the City Tavern, and walked to the Carpenters' Hall, where they took a view of the room, and of the chamber where is an excellent library; there is also a long entry where gentlemen may walk, and a convenient chamber opposite to the library. The general cry was, that this was a good room, and the question was put, whether we were satisfied with this room? and it passed in the affirmative. A very few were for the negative, and they were chiefly from Pennsylvania and New York. Then Mr. Lynch arose, and said there was a gentleman present who had presided with great dignity over a very respectable society, greatly to the advantage of America, and he therefore proposed that the Honorable Peyton Randolph, Esquire, one of the delegates from Virginia, and the late Speaker of their House of Burgesses; should be appointed Chairman, and he doubted not it would be unanimous. The question was put, and he was unanimously chosen. Mr. Randolph then took the chair, and the commissions of the delegates were all produced and read. Then Mr. Lynch proposed that Mr. Charles Thomson, a gentleman of family, fortune, and character in this city, should be appointed Secretary, which was accordingly done without opposition, though Mr. Duane and Mr. Jay discovered at first an inclination to seek further. Mr. Duane then moved that a committee should be appointed to prepare regulations for this Congress. Several gentlemen objected. I then arose and asked leave of the President to request of the gentleman from New York an explanation, and that he would point out some particular regulations which he had in his mind. He mentioned particularly the method of voting, whether it should be by Colonies, or by the poll, or by interests. Mr. Henry then rose, and said this was the first General Congress which had ever happened; that no former Congress could be a precedent; that we should have occasion for more general congresses, and therefore that a precedent ought to be established now; that it would be great injustice if a little Colony should have the same weight in the councils of America as a great one, and therefore he was for a committee. Major Sullivan [from New Hampshire] observed that a little Colony had its all at stake as well as a great one.... Mr. Henry. Government is dissolved. Fleets and armies and the present state of things show that government is dissolved. Where are your landmarks, your boundaries of Colonies? We are in a state of nature, sir.... The distinctions between Virginians Pennsylvanians, New Yorkers, and New Englanders, are no more. I am not a Virginian, but an American. Slaves are to be thrown out of the question, and if the freemen can be represented according to their numbers, I am satisfied. Mr. Lynch. I differ in one point from the gentleman from Virginia, that is, in thinking that numbers only ought to determine the weight of Colonies. I think that property ought to be considered, and that it ought to be a compound of numbers and property that should determine the weight of the Colonies.[126] I think it cannot be now settled. Mr. Lee. But one reason ... prevails with me [for favoring one vote to each colony] ... that we are not at this time provided with proper materials [to assign proper proportions].... Mr. Gadsen. I can't see any way of voting but by Colonies. Mr. Pendleton. If the committee should find themselves unable to ascertain the weight of the Colonies, by their numbers and property, they will report this, and this will lay the foundation for the Congress to take some other steps to procure evidence of numbers and property at some future time. Mr Henry. I agree that authentic accounts cannot be had, if by authenticity is meant attestations of officers of the Crown. I go upon the supposition that government is at an end. All distinctions are thrown down. All America is thrown into one mass. We must aim at the minutiæ of rectitude. The argument that the delegates lacked information (such as a census would have provided) to arrange a proper apportionment of votes to different colonies prevailed. October 10, the Connecticut delegates wrote to the governor of their colony: "The mode of voting ... was first resolved upon; which was that each colony should have one voice; but, as this was objected to as unequal, an entry was made in the journals to prevent its being drawn into precedent in future." Diary, as above. [Oct.] 10. Monday. The deliberations of the Congress are spun out to an immeasurable length. There is so much wit, sense, learning, acuteness, subtlety, eloquence, etc., among fifty gentlemen, each of whom has been habituated to lead and guide in his own Province, that an immensity of time is spent unnecessarily. 24. Monday. In Congress, nibbling and quibbling as usual. There is no greater mortification than to sit with half a dozen wits, deliberating upon a petition, address, or memorial. These great wits, these subtle critics, these refined geniuses, these learned lawyers, these wise statesmen, are so fond of showing their parts and powers, as to make their consultations very tedious. Young Ned Rutledge is a perfect Bob-o-Lincoln,—a swallow, a sparrow, a peacock; excessively vain, excessively weak, and excessively variable and unsteady; jejune, inane, and puerile. Mr. Dickinson is very modest, delicate, and timid. Spent the evening at home. Colonel Dyer, Judge Sherman, and Colonel Floyd came in, and spent the evening with Mr. [Samuel] Adams and me. Mr. Mifflin and General Lee came in. Lee's head is running upon his new plan of a battalion.... 26. Wednesday. Dined at home. This day the Congress finished. Spent the evening together at the City Tavern; all the Congress, and several gentlemen of the town.... 28. Friday. Took our departure, in a very great rain, from the happy, the peaceful, the elegant, the hospitable, and polite city of Philadelphia. It is not very likely that I shall ever see this part of the world again, but I shall ever retain a most grateful, pleasing sense of the many civilities I have received in it, and shall think myself happy to have an opportunity of returning them. [Delegates from eleven colonies to the First Continental Congress assembled at Philadelphia, September 5, 1774. Delegates from North Carolina appeared on the 14th. Georgia was not represented. For elections and credentials, cf. American History and Government, § 141.] Journals of the Continental Congress (Ford edition), I, 63 ff. A committee, appointed on September 7, reported on the 22d. The report was taken up October 12, and adopted October 14. Whereas, since the close of the last war, the British parliament, claiming a power, of right, to bind the people of America by statutes in all cases whatsoever, hath, in some acts, expressly imposed taxes on them, and in others, under various pretences, but in fact for the purpose of raising a revenue, hath imposed rates and duties payable in these colonies, established a board of commissioners, with unconstitutional powers, and extended the jurisdiction of courts of admiralty, not only for collecting the said duties, but for the trial of causes merely arising within the body of a county. And whereas, in consequence of other statutes, judges, who before held only estates at will in their offices, have been made dependant on the crown alone for their salaries, and standing armies kept in times of peace: And whereas it has lately been resolved in parliament, that by force of a statute, made in the thirty-fifth year of the reign of King Henry the Eighth, colonists may be transported to England, and tried there upon accusations for treasons and misprisions, or concealments of treasons committed in the colonies, and by a late statute, such trials have been directed in cases therein mentioned: And whereas, in the last session of parliament, three statutes were made; one entitled, "An act to discontinue, in such manner and for such time as are therein mentioned, the landing and discharging, lading, or shipping of goods, wares and merchandize, at the town, and within the harbour of Boston, in the province of Massachusetts-Bay in North-America;" another entitled, "An act for the better regulating the government of the province of Massachusetts-Bay in New England;" and another entitled, "An act for the impartial administration of justice, in the cases of persons questioned for any act done by them in the execution of the law, or for the suppression of riots and tumults, in the province of the Massachusetts-Bay in New England;" and another statute was then made, "for making more effectual provision for the government of the province of Quebec, etc." All which statutes are impolitic, unjust, and cruel, as well as unconstitutional, and most dangerous and destructive of American rights: And whereas, assemblies have been frequently dissolved, contrary to the rights of the people, when they attempted to deliberate on grievances; and their dutiful, humble, loyal, and reasonable petitions to the crown for redress, have been repeatedly treated with contempt, by his Majesty's ministers of state: The good people of the several colonies of New-Hampshire, Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Newcastle, Kent, and Sussex on Delaware, Maryland, Virginia, North-Carolina, and South-Carolina, justly alarmed at these arbitrary proceedings of parliament and administration, have severally elected, constituted, and appointed deputies to meet, and sit in general Congress, in the city of Philadelphia, in order to obtain such establishment, as that their religion, laws, and liberties, may not be subverted: Whereupon the deputies so appointed being now assembled, in a full and free representation of these colonies, taking into their most serious consideration, the best means of attaining the ends aforesaid, do, in the first place, as Englishmen, their ancestors in like cases have usually done, for asserting and vindicating their rights and liberties, DECLARE, That the inhabitants of the English colonies in North-America, by the immutable laws of nature, the principles of the English constitution, and the several charters or compacts, have the following RIGHTS: Resolved, N. C. D. 1. That they are entitled to life, liberty and property: and they have never ceded to any foreign power whatever, a right to dispose of either without their consent. Resolved, N. C. D. 2. That our ancestors, who first settled these colonies, were at the time of their emigration from the mother country, entitled to all the rights, liberties, and immunities of free and natural-born subjects, within the realm of England. Resolved, N. C. D. 3. That by such emigration they by no means forfeited, surrendered, or lost any of those rights, but that they were, and their descendants now are, entitled to the exercise and enjoyment of all such of them, as their local and other circumstances enable them to exercise and enjoy. Resolved, 4. That the foundation of English liberty, and of all free government, is a right in the people to participate in their legislative council: and as the English colonists are not represented, and from their local and other circumstances, cannot properly be represented in the British parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures, where their right of representation can alone be preserved, in all cases of taxation and internal polity, subject only to the negative of their sovereign, in such manner as has been heretofore used and accustomed: But, from the necessity of the case, and a regard to the mutual interest of both countries, we cheerfully consent to the operation of such acts of the British parliament, as are, bona fide, restrained to the regulation of our external commerce, for the purpose of securing the commercial advantages of the whole empire to the mother country, and the commercial benefits of its respective members; excluding every idea of taxation internal or external, for raising a revenue on the subjects, in America, without their consent. Resolved, N. C. D. 5. That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law. Resolved, 6. That they are entitled to the benefit of such of the English statutes, as existed at the time of their colonization; and which they have, by experience, respectively found to be applicable to their several local and other circumstances. Resolved, N. C. D. 7. That these, his majesty's colonies, are likewise entitled to all the immunities and privileges granted and confirmed to them by royal charters, or secured by their several codes of provincial laws. Resolved, N. C. D. 8. That they have a right peaceably to assemble, consider of their grievances, and petition the king; and that all prosecutions, prohibitory proclamations, and commitments for the same, are illegal. Resolved, N. C. D. 9. That the keeping a standing army in these colonies, in times of peace, without the consent of the legislature of that colony, in which such army is kept, is against law. Resolved, N. C. D. 10. It is indispensably necessary to good government, and rendered essential by the English constitution, that the constituent branches of the legislature be independent of each other; that, therefore, the exercise of legislative power in several colonies by a council appointed, during pleasure, by the crown, is unconstitutional, dangerous and destructive to the freedom of American legislation. All and each of which the aforesaid deputies, in behalf of themselves, and their constituents, do claim, demand, and insist on, as their indubitable rights and liberties; which cannot be legally taken from them, altered or abridged by any power whatever, without their own consent, by their representatives in their several provincial legislatures. In the course of our inquiry, we find many infringements and violations of the foregoing rights, which, from an ardent desire that harmony and mutual intercourse of affection and interest may be restored, we pass over for the present, and proceed to state such acts and measures as have been adopted since the last war, which demonstrate a system formed to enslave America. Resolved, N. C. D. That the following acts of parliament are infringements and violations of the rights of the colonists; and that the repeal of them is essentially necessary, in order to restore harmony between Great-Britain and the American colonies, viz. The several acts of 4 Geo. III. ch. 15, and ch. 34.—5 Geo. III. ch. 25.—6 Geo. III. ch. 52.—7 Geo. III. ch. 41, and ch. 46.—8 Geo. III. ch. 22. which impose duties for the purpose of raising a revenue in America, extend the power of the admiralty courts beyond their ancient limits, deprive the American subject of trial by jury, authorise the judges certificate to indemnify the prosecutor from damages, that he might otherwise be liable to, requiring oppressive security from a claimant of ships and goods seized, before he shall be allowed to defend his property, are subversive of American rights. Also 12 Geo. III. ch. 24. intituled, "An act for the better securing his majesty's dockyards, magazines, ships, ammunition, and stores," which declares a new offence in America, and deprives the American subject of a constitutional trial by jury of the vicinage, by authorising the trial of any person, charged with the committing any offence described in the said act, out of the realm, to be indicted and tried for the same in any shire or county within the realm. Also the three acts passed in the last session of parliament, for stopping the port and blocking up the harbour of Boston, for altering the charter and government of Massachusetts-Bay, and that which is entitled, "An act for the better administration of justice, etc." Also the act passed in the same session for establishing the Roman Catholic religion, in the province of Quebec, abolishing, the equitable system of English laws, and erecting a tyranny there, to the great danger, (from so total a dissimilarity of religion, law and government) of the neighbouring British colonies, by the assistance of whose blood and treasure the said country was conquered from France. Also the act passed in the same session, for the better providing suitable quarters for officers and soldiers in his majesty's service, in North-America. Also, that the keeping a standing army in several of these colonies, in time of peace, without the consent of the legislature of that colony in which such army is kept, is against law. To these grievous acts and measures, Americans cannot submit, but in hopes their fellow subjects in Great-Britain will, by a revision of them, restore us to that state, in which both countries found happiness and prosperity, we have for the present, only resolved to pursue the following peaceable measures: 1. To enter into a non-importation, non-consumption, and non-exportation agreement or association. 2. To prepare an address to the people of Great-Britain, and a memorial to the inhabitants of British America: and 3. To prepare a loyal address to his majesty, agreeable to resolutions already entered into. [This "Declaration" confines itself almost wholly, it will be observed, to "concrete" English rights, which had been infringed by recent acts of government. There is little suggestion of the more general principles soon to appear, first in the Virginia bill of rights and then in the Declaration of Independence. Advanced students will find in John Adams' Works (II, 373 ff.) an autobiographical extract, composed in 1804, giving Adams' recollections of the drawing up of the Declaration.] (October 20, 1774) Journals of Congress (Ford edition), I, 75 ff. For conflict between this plan and Galloway's moderate proposal, cf. American History and Government, 141. The wording of much of the plan, and the efficient machinery for putting it in operation (Eleventh Article), were common property by this time. In particular, cf. No. 129 b, above, and comment at close. WE, his majesty's most loyal subjects, the delegates of the several colonies of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, the three lower counties of Newcastle, Kent and Sussex on Delaware,[127] Maryland, Virginia, North-Carolina, and South-Carolina, deputed to represent them in a continental Congress, held in the city of Philadelphia, on the fifth day of September, 1774, avowing our Allegiance to his majesty, our affection and regard for our fellow-subjects in Great Britain and elsewhere, affected with the deepest anxiety, and most alarming apprehensions, at those grievances and distresses with which his majesty's American subjects are oppressed; and having taken under our most serious deliberation the state of the whole continent, find, that the present unhappy situation of our affairs is occasioned by a ruinous system of colony administration, adopted by the British ministry about the year 1763, evidently calculated for inslaving these colonies, and, with them, the British Empire. In prosecution of which system, various acts of parliament have been passed, for raising a revenue in America, for depriving the American subjects, in many instances, of the constitutional trial by jury, exposing their lives to danger, by directing a new and illegal trial beyond the seas, for crimes alleged to have been committed in America: And in prosecution of the same system, several late, cruel, and oppressive acts have been passed, respecting the town of Boston and the Massachusetts-Bay, and also an act for extending the province of Quebec, so as to border on the western frontiers of these colonies, establishing an arbitrary government therein, and discouraging the settlement of British subjects in that wide extended country; thus, by the influence of civil principles and ancient prejudices, to dispose the inhabitants to act with hostility against the free Protestant colonies, whenever a wicked ministry shall chuse so to direct them. To obtain redress of these grievances, which threaten destruction to the lives, liberty, and property of his majesty's subjects, in North-America, we are of opinion, that a non-importation, non-consumption, and non-exportation agreement, faithfully adhered to, will prove the most speedy, effectual, and peaceable measure: And, therefore, we do, for ourselves, and the inhabitants of the several colonies, whom we represent, firmly agree and associate, under the sacred ties of virtue, honour and love of our country, as follows: First, That from and after the first day of December next, we will not import, into British America, from Great-Britain or Ireland, any goods, wares, or merchandize whatsoever, or from any other place, any such goods, wares, or merchandize, as shall have been exported from Great-Britain or Ireland; nor will we, after that day, import any East-India tea from any part of the world; nor any molasses, syrups, paneles, coffee, or pimento, from the British plantations or from Dominica; nor wines from Madeira, or the Western Islands; nor foreign indigo. Second, We will neither import nor purchase, any slave imported after the first day of December next; after which time, we will wholly discontinue the slave trade, and will neither be concerned in it ourselves, nor will we hire our vessels, nor sell our commodities or manufactures to those who are concerned in it. Third, As a non-consumption agreement, strictly adhered to, will be an effectual security for the observation of the non-importation, we, as above, solemnly agree and associate, that from this day, we will not purchase or use any tea, imported on account of the East-India company, or any on which a duty hath been or shall be paid; and from and after the first day of March next, we will not purchase or use any East-India tea whatever; nor will we, nor shall any person for or under us, purchase or use any of those goods, wares, or merchandize, we have agreed not to import, which we shall know, or have cause to suspect, were imported after the first day of December, except such as come under the rules and directions of the tenth article hereafter mentioned. Fourth, The earnest desire we have not to injure our fellow-subjects in Great-Britain, Ireland, or the West-Indies, induces us to suspend a non-exportation, until the tenth day of September, 1775; at which time, if the said acts and parts of acts of the British parliament herein after mentioned, are not repealed, we will not directly or indirectly, export any merchandize or commodity whatsoever to Great-Britain, Ireland, or the West-Indies, except rice to Europe. Fifth, Such as are merchants, and use the British and Irish trade, will give orders, as soon as possible, to their factors, agents and correspondents, in Great-Britain and Ireland, not to ship any goods to them, on any pretence whatsoever, as they cannot be received in America; and if any merchant, residing in Great-Britain or Ireland, shall directly or indirectly ship any goods, wares or merchandize, for America, in order to break the said non-importation agreement, or in any manner contravene the same, on such unworthy conduct being well attested, it ought to be made public; and, on the same being so done, we will not, from thenceforth, have any commercial connexion with such merchant. Sixth, That such as are owners of vessels will give positive orders to their captains, or masters, not to receive on board their vessels any goods prohibited by the said non-importation agreement, on pain of immediate dismission from their service. Seventh, We will use our utmost endeavours to improve the breed of sheep, and increase their number to the greatest extent; and to that end, we will kill them as seldom as may be, especially those of the most profitable kind; nor will we export any to the West-Indies or elsewhere; and those of us, who are or may become overstocked with, or can conveniently spare any sheep, will dispose of them to our neighbours, especially to the poorer sort, on moderate terms. Eighth, We will, in our several stations, encourage frugality, œconomy, and industry, and promote agriculture, arts and the manufactures of this country, especially that of wool; and will discountenance and discourage every species of extravagance and dissipation, especially all horse-racing, and all kinds of gaming, cock-fighting, exhibitions of shews, plays, and other expensive diversions and entertainments; and on the death of any relation or friend, none of us, or any of our families, will go into any further mourning-dress than a black crape or ribbon on the arm or hat, for gentlemen, and a black ribbon and necklace for ladies, and we will discontinue the giving of gloves and scarves at funerals. Ninth, Such as are venders of goods or merchandize will not take advantage of the scarcity of goods that may be occasioned by this association, but will sell the same at the rates we have been respectively accustomed to do, for twelve months last past.—And if any vender of goods or merchandize shall sell such goods on higher terms, or shall, in any manner, or by any device whatsoever, violate or depart from this agreement, no person ought, nor will any of us deal with any such person, or his or her factor or agent, at any time thereafter, for any commodity whatever. Tenth, In case any merchant, trader, or other person, shall import any goods or merchandize, after the first day of December, and before the first day of February next, the same ought forthwith, at the election of the owner, to be either re-shipped or delivered up to the committee of the county or town, wherein they shall be imported, to be stored at the risque of the importer, until the non-importation agreement shall cease, or be sold under the direction of the committee aforesaid; and in the last-mentioned case, the owner or owners of such goods shall be reimbursed out of the sales, the first cost and charges, the profit, if any, to be applied towards relieving and employing such poor inhabitants of the town of Boston, as are immediate sufferers by the Boston port-bill; and a particular account of all goods so returned, stored, or sold, to be inserted in the public papers; and if any goods or merchandizes shall be imported after the said first day of February, the same ought forthwith to be sent back again, without breaking any of the packages thereof. Eleventh, That a committee be chosen in every county, city, and town, by those who are qualified to vote for representatives in the legislature, whose business it shall be attentively to observe the conduct of all persons touching this association; and when it shall be made to appear, to the satisfaction of a majority of any such committee, that any person within the limits of their appointment has violated this association, that such majority do forthwith cause the truth of the case to be published in the gazette; to the end, that all such foes to the rights of British-America may be publicly known, and universally contemned as the enemies of American liberty; and thenceforth we respectively will break off all dealings with him or her. Twelfth, That the committee of correspondence, in the respective colonies, do frequently inspect the entries of their custom-houses, and inform each other, from time to time, of the true state thereof, and of every other material circumstance that may occur relative to this association. Thirteenth, That all manufactures of this country be sold at reasonable prices, so that no undue advantage be taken of a future scarcity of goods. Fourteenth, And we do further agree and resolve, that we will have no trade, commerce, dealings or intercourse whatsoever, with any colony or province, in North-America, which shall not accede to, or which shall hereafter violate this association, but will hold them as unworthy of the rights of freemen, and as inimical to the liberties of their country. And we do solemnly bind ourselves and our constituents, under the ties aforesaid, to adhere to this association, until such parts of the several acts of parliament, passed since the close of the last war, as impose or continue duties on tea, wine, molasses, syrups, paneles, coffee, sugar, pimento, indigo, foreign paper, glass, and painters colours, imported into America, and extend the powers of the admiralty courts beyond their ancient limits, deprive the American subject of trial by jury, authorise the judge's certificate to indemnify the prosecutor from damages, that he might otherwise be liable to, from a trial by his peers, require oppressive security from a claimant of ships or goods seized, before he shall be allowed to defend his property, are repealed.—And until that part of the act of the 12. G. 3. ch. 24. entitled, "An act for the better securing his majesty's dockyards, magazines, ships, ammunition, and stores," by which any persons charged with committing any of the offences therein described, in America, may be tried in any shire or county within the realm, is repealed—and until the four acts, passed the last session of parliament, viz. that for stopping the port and blocking up the harbour of Boston—that for altering the charter and government of the Massachusetts-Bay—and that which is entitled, "An act for the better administration of justice, etc."—and that "For extending the limits of Quebec, etc." are repealed. And we recommend it to the provincial conventions, and to the committees in the respective colonies, to establish such farther regulations as they may think proper, for carrying into execution this association. Force, American Archives, Fourth Series, I, 1034. In consequence of the eleventh Resolution of the Continental Congress, the Freeholders of the County of Prince William, being convened at the house of William Reno on Monday, the 9th day of December, 1774, proceeded to elect the following gentlemen as a Committee for the said County: [25 names]. [Notice of the organization of the Committee by election of its chairman and clerk—and then a series of six resolutions adopted by it. Four of them are given below.] Resolved, That the thanks of the Committee are due to the Deputies of this Colony, for their wise, firm, and patriotick conduct in the late Continental Congress. Resolved, That whenever there appears ... cause to suspect that any Merchant ... of this County has violated the Association ... by raising the price of his Goods, such Trader be called upon to show his day-books and invoices, to clear up such suspicion; and that, in case of refusal, he be deemed guilty ... and subject to the penalties in such case provided.... Resolved, That all publick Balls and Entertainments be discountenanced in this county from this time, as contrary to the sentiments of the Continental Congress.... Resolved, That no person in this County ought to purchase more Goods in one year than he has been accustomed to do ... that the poor ... may not be distressed by wealthy designing men. By order— Evan Williams, Clerk. Force, American Archives, Fourth Series, I, 1145. For the occasion for the "second conventions" in the various colonies in the winter of 1774-5, cf. American History and Government, § 143. The Virginia Convention of August 1-6, 1774, had appointed delegates to the Continental Congress to be held in September at Philadelphia, and adjourned after authorizing its chairman to call another convention when necessary. It was only an informal conference. In December, a Second Maryland Convention virtually became a de facto government, arming the province for defense against England. This example was followed promptly in single counties in Virginia,—first in George Washington's County. [Extracts from the Proceedings of the Committee of Fairfax County, on the 17th of January 1775.] Resolved, That the defenceless state of this County renders it indispensably neccessary that a quantity of Ammunition should be immediately provided; and as the same will be for the common benefit, protection, and defence of the inhabitants thereof, it is but just and reasonable that the expenses incurred in procuring the same should be defrayed by a general and equal contribution. It is therefore recommended that the sum of three Shillings per poll, for the purpose aforesaid, be paid by and for every tithable person in this County, to the Sheriff, or such other Collector as may be appointed, who is to render the same to this Committee, with a list of the names of such persons as shall refuse to pay the same, if any such there be. Resolved, That this Committee do concur in opinion with the Provincial Committee of the Province of Maryland, that a well regulated Militia, composed of gentlemen freeholders, and other freemen, is the natural strength and only stable security of a free Government, and that such Militia will relieve our mother country from any expense in our protection and defence, will obviate the pretence of a necessity for taxing us on that account, and render it unnecessary to keep Standing Armies among us—ever dangerous to liberty; and therefore it is recommended to such of the inhabitants of this County as are from sixteen to fifty years of age, to form themselves into Companies of sixty-eight men; to choose a Captain, two Lieutenants, an Ensign, four Sergeants, four Corporals, and one Drummer, for each Company; that they provide themselves with good Firelocks, and use their utmost endeavours to make themselves masters of the Military Exercise, published by order of his Majesty in 1764, and recommended by the Provincial Congress of the Massachusetts Bay, on the 29th of October last. (March-July, 1775) Force, American Archives, Fourth Series, II, 3. Instructions from the Freeholders of Cumberland County Virginia. To John Mayo and William Fleming, Gentlemen [Delegates of Cumberland County to the Second Virginia Convention, to be held in March, 1775.] We, the Freeholders of Cumberland County, having elected you to represent us in a Provincial Convention,[128] to be held in the Town of Richmond, on Monday, the 20th of this instant, and being convinced that the safety and happiness of British America depend upon the unanimity, firmness and joint efforts of all the Colonies, we expect you will, on your parts, let your measures be as much for the common safety as the peculiar interests of this Colony will permit, and that you, in particular, comply with the recommendation of the Continental Congress, in appointing Delegates to meet in the City of Philadelphia, in May next. The means of Constitutional legislation in this Colony being now interrupted, and entirely precarious, and being convinced that some rule is necessary for speedily putting the Colony in a state of defence, we, in an especial manner, recommend this matter to your consideration in Convention; and you may depend that any general tax, by that body imposed, for such purposes, will be cheerfully submitted to, and paid by the inhabitants of this County.[129] Force, American Archives, Fourth Series, II, 165-172. At a Convention of Delegates for the Counties and Corporations in the Colony of Virginia, at the Town of Richmond, in the County of Henrico, on Monday, the 20th of March, 1775. [Present: 120 names.]... The Honourable Peyton Randolph, Esquire, was unanimously elected President of this Convention, and Mr. John Tazewell, Clerk thereof. The President then recommended it to the Convention to proceed in the deliberation and discussion of the several important matters which should come before them, with that prudence, decency, and order which had distinguished their conduct on all former occasions; and laid before the Convention the proceedings of the Continental Congress.... Resolved, That this Convention will observe, in their debates, the same rules and orders as are established in the House of Burgesses in this Colony. Adjourned till to-morrow 10 o'clock. March 21. ... Resolved unanimously, That this Convention doth entirely and cordially approve the Proceedings and Resolutions of the American Continental Congress [the "First Continental Congress">[, and that they consider this whole Continent as under the highest obligations to that very respectable body, for the wisdom of their counsels, and their unremitted endeavours to maintain and preserve inviolate the just rights and liberties of His Majesty's dutiful and loyal subjects in America. Resolved unanimously, That the warmest thanks of this Convention, and all the inhabitants of this Colony, whom they represent, are particularly due, and that this just tribute of applause be presented, to the Honourable Peyton Randolph Esquire, Richard Henry Lee, George Washington, Patrick Henry, Junior, Richard Bland, Benjamin Harrison, and Edmund Pendleton, Esquires, the worthy Delegates deputed by a former Convention to represent this Colony in General Congress, for their cheerful undertaking, and faithful discharge of the very important trust reposed in them. Adjourned till to-morrow 10 o'clock. March 22. ... Resolved, That a well regulated Militia, composed of Gentlemen and Yeomen, is the natural strength, and only security of a free Government; that such a Militia in this Colony would for ever render it unnecessary for the Mother Country to keep among us, for the purpose of our defence, any Standing Army of mercenary forces, always subversive of the quiet, and dangerous to the liberties of the people, and would obviate the pretext of taxing us for their support. That the establishment of such Militia is at this time peculiarly necessary, by the state of our laws for the protection and defence of the Country, some of which have already expired, and others will shortly do so; and that the known remissness of Government, in calling us together in a legislative capacity renders it too insecure, in this time of danger and distress to rely, that opportunity will be given of renewing them in General Assembly, or making any provision to secure our inestimable rights and liberties from those farther violations with which they are threatened. Resolved therefore, That this Colony be immediately put into a posture of defence; and that Patrick Henry, Richard Henry Lee, Robert Carter Nicholas, Benjamin Harrison, Lemuel Riddick, George Washington, Adam Stephen, Andrew Lewis, William Christian, Edmund Pendleton, Thomas Jefferson, and Isaac Zane, Esquires, be a Committee to prepare a plan for the embodying, arming, and disciplining such a number of men as may be sufficient for that purpose. Adjourned till to-morrow 10 o'clock.... Saturday, March 25, 1775. ... Resolved, As the opinion of this Convention, that, on account of the unhappy disputes between Great Britain and the Colonies, and the unsettled state of this Country, the lawyers, suitors, and witnesses ought not to attend the prosecution or defence of civil suits at the next General Court; and it is recommended to the several Courts of Justice not to proceed to the hearing or determination of suits on their dockets, except attachments; nor to give judgments but in the case of Sheriffs or other collectors for Money or Tobacco received by them; in other cases, where such judgment shall be voluntarily confessed; or upon such amicable proceedings as may become necessary for the settlement, division, or distribution of estates. And, during this suspension of the administration of justice, it is earnestly recommended to the people to observe a peaceable and orderly behaviour; to all creditors to be as indulgent to their debtors as may be; to all debtors to pay as far as they are able; and where differences may arise which cannot be adjusted between the parties, that they refer the decision thereof to judicious neighbours, and abide by their determination. The Convention then took into their consideration, according to the order of yesterday, the plan for embodying, arming and disciplining the Militia; which, being read, and amended, was unanimously agreed to, as follows: The committee are further of opinion that, as from the expiration of the above-mentioned latter laws, and various other causes, the legal and necessary disciplining the Militia has been much neglected, and a proper provision of Arms and Ammunition has not been made, to the evident danger of the community in case of invasion or insurrection, it be recommended to the inhabitants of the several Counties of this Colony that they form one or more volunteer Companies of Infantry and Troops of Horse, in each County, and to be in constant training and readiness to act on any emergency. That, in order to make a further and more ample provision of Amunition, it be recommended to the Committees of the several Counties, that they collect from their Constituents, in such manner as shall be most agreeable to them, so much money as will be sufficient to purchase half a pound of Gunpowder, one pound of Lead, necessary Flints and Cartridge Paper, and dispose thereof, when procured, in such place or places of safety as they may think best; and it is earnestly recommended to each individual to pay such proportion of the money necessary for these purposes as by the respective Committees shall be judged requisite. That as it may happen that some Counties, from their situation, may not be apprized of the most certain and speedy method of procuring the articles before-mentioned, one General Committee should be appointed, whose business it should be to procure, for such Counties as may make application to them, such articles, and so much thereof as the moneys wherewith they shall furnish the said Committee with purchase, after deducting the charges of transportation, and other necessary expenses. Resolved, That Robert Carter Nicholas, Thomas Nelson, and Thomas Whiting, Esquires, or any two of them, be a Committee for the purpose afore-mentioned. ... Resolved, That Robert Carter Nicholas, Richard Bland, James Mercer, Edmund Pendleton, Archibald Cary, Charles Carter of Stafford, Benjamin Harrison, Richard Henry Lee, Josias Clapham, George Washington, Patrick Henry, James Holt, and Thomas Newton, Esquires, be a Committee to prepare a plan for the encouragement of Arts and Manufactures in this Colony. The Convention then proceeded to the election of Delegates by ballot, to represent this Colony in General Congress, to be held at the City of Philadelphia, on the 10th day of May next; when the Honourable Peyton Randolph, Esquire, George Washington, Patrick Henry, Richard Henry Lee, Edmund Pendleton, Benjamin Harrison, and Richard Bland, Esquires, were chosen for that purpose. Resolved, That Robert Carter Nicholas, Esquire, be desired to lay before the Convention, on Monday next, an account of the Money received from the several Counties and Corporations in this Colony, for the use of the Delegates sent to represent this Colony in General Congress. Adjourned till Monday, 10 o'clock. March 27 ... Resolved unanimously, That from and after the first day of May next, no person or persons whatever ought to use, in his or their families, unless in case of necessity, and on no account to sell to butchers, or kill for market, any Sheep under four years old; and where there is necessity for using any mutton in his, her, or their families, it is recommended to kill such only as are least profitable to be kept. Resolved unanimously, That the setting up and promoting Woollen, Cotton, and Linen Manufactures ought to be encouraged in as many different branches as possible, especially Coating, Flannel, Blankets, Rugs, or Coverlids, Hosiery, and coarse Cloths, both broad and narrow. Resolved unanimously, As Salt is a daily and indispensable necessary of life, and the making of it amongst ourselves must be deemed a valuable acquisition, it is therefore recommended that the utmost endeavours be used to establish Salt Works, and that proper encouragement be given to Mr. James Tait, who hath made proposals, and offered a scheme to the publick, for so desirable a purpose. Resolved unanimously, That Saltpetre and Sulphur, being articles of great and necessary use, the making, collecting, and refining them to the utmost extent, be recommended, the Convention being of opinion that it may be done to great advantage. Resolved unanimously, That the making of Gunpowder be recommended. Resolved unanimously, That the manufacturing of iron into Nails and Wire, and other necessary articles, be recommended. Resolved unanimously, That the making of Steel ought to be largely encouraged, as there will be a great demand for this article. Resolved unanimously, That the making of different kinds of Paper ought to be encouraged; and as the success of this branch depends on a supply of old Linen and Woollen Rags, the inhabitants of this Colony are desired, in their respective families, to preserve these articles. Resolved unanimously, That whereas Wool Combs, Cotton and Wool Cards, Hemp and Flax Heckles, have been for some time made to advantage in some of the neighbouring Colonies, and are necessary for carrying on Linen and Woollen Manufactures, the establishing such Manufactures be recommended. Resolved unanimously, That the erecting Fulling Mills and mills for breaking, swingling, and softening Hemp and Flax, and also the making Grindstones be recommended. Resolved unanimously, That the brewing Malt Liquors in this Colony would tend to render the consumption of foreign Liquors less necessary. It is therefore recommended that proper attention be given to the cultivation of Hops and Barley. Resolved unanimously, That it be recommended to all the inhabitants of this Colony, that they use, as the Convention engageth to do, our own Manufactures, and those of other Colonies, in preference to all others. The Members of the Convention then, in order to encourage Mr. James Tait, who is about to erect Salt Works, undertook, for their respective Counties, to pay the sum of Ten Pounds to Robert Carter Nicholas, Esquire, for the use of the said James Tait, on or before the 10th day of May next. Resolved, That this Convention doth consider the delegation of its members as now at an end; and that it is recommended to the People of this Colony to choose Delegates to represent them in Convention for one year, as soon as they conveniently can. Peyton Randolph, President. "That this Convention will observe, in their debates and proceedings, the same Rules and Orders as are established in the House of Burgesses of this Colony." Cf. with the corresponding Resolution of the Second Convention above; note significance of the two additional words. That significance is brought out clearly in the postscript of a letter from George Mason to a friend, August 22: "P. S. Every ordinance goes thro' all the Formalities of a Bill in the House of Burgesses, has three Readings, etc. before it is passed, and in every respect wears the Face of Law,—Resolves, as recommendations, being no longer trusted to. ..." (Virginia Calendar of State Papers, I, 269.) Thus the Third Convention was a "government" in style as well as in fact. It held two busy sessions; and, in January, 1776, though its "year" was not up, it adjourned, to give place to a new Convention freshly instructed from the people.]e. Middlesex County (July 15)
130. The First Continental Congress
a. Method of Voting, etc.
b. John Adams' Impressions toward the Close
c. Declaration of Rights
d. The Association
131. Prince William County (Virginia) Committee, Approval of the Association
132. Virginia County "Conventions" become De Facto Governments
133. Virginia Provincial Conventions become Governments
a. County Instructions to Delegates
b. The Second Virginia Convention (March 20-27, 1775) arms the Colony for War
John Tazewell, Clerk of the Convention.c. [The Third Virginia Convention, pursuant to the call in the closing recommendation of the Second, met July 17, 1775, and adopted the forms of a legislative body, giving bills three readings, etc. The first resolution read. ...