Chapter 19

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

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

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

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

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

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

For every ton ofPortugal,Spanish, or any other wine (exceptFrenchwine) imported fromGreat Britian, the sum of ten shillings.

For every pound weight avoirdupois of wrought silks, bengals, and stuffs, mixed with silk or herba, of the manufacture ofPersia,China, orEast India, imported fromGreat Britain, two shillings.

For every piece of callico painted, dyed, printed, or stained, inPersia,China, orEast India, imported fromGreat Britain, two shillings and six pence.

For every piece of foreign linen cloth, calledCambrick, imported fromGreat Britain, three shillings....

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

III. For every hundred weight avoirdupois of suchBritishcoffee, seven shillings.

For every pound weight avoirdupois of suchBritishpimento, one half penny....

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

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

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

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

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

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

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

March 22, 1765

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

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

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

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

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

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

Journals of the Virginia House of Burgesses, 1761-1765, lxvi-lxvii.The text below gives the resolutions as approved in committee of the whole, May 27. The last two failed to pass the House, May 28; and May 29 the last of the others was expunged from the record. The full text was published by newspapers, however, and it was generally supposed that Virginia had approved them all as here given.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WilliamsburgNov. 3d 1765.

My Lords,

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

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

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

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

Francis Fauquier.

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

I am with the greatest respect and esteem, my Lords

Your Lordships most obedientand devoted Servant.

Francis Fauquier.

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

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

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.Speakerleft the Chair.

Mr.Blairtook the Chair of the Committee.

Mr.Speakerresumed the Chair.

Mr.Blairreported, 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 oftaxation 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 ofBritishSubjects; as thereby the inestimable Privilege of being tried by aJury from a Vicinageas 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 saidResolutionsbeing 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 theVirginia 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 saidAddressbeing 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.Speakerdo 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 theEnglishPapers.

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."

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 Obedienceto 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 maintainand 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 inAmerica(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]

[Present89 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....

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.

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 AffermativeNem Con.—It was then Voted, that

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

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

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

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

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

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

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

Humbly Sheweth—

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

Such an Establishment is contrary not only to the plain andobvious 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 thatConstitutionalBody, 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 2d3. 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 NegativeNem. 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 ofCorrespondence 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.

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