Chapter XXIV: Act XX: Disabling Lt. Col. Edward Hill and Lieut. John Stith. from (3)
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
The Honorable James Otis, Esq.
Mr. Samuel Adams
The Honorable Thomas Cushing, Esq.
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 [a list headed with the names of Samuel Adams, James Otis, and Joseph Warren] be and hereby are appointed a Committee for the purpose aforesaid, and that they be desired to Report to the Town as soon as may be--....
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.]
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.]
_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.
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A Source Book in American History to 1787Chapter XXIV: Act XX: Disabling Lt. Col. Edward Hill and Lieut. John Stith. from (3)
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