The secret committee of Congress was
empowered to do the same on the continental account, on
November 8.
empowered to do the same on the continental account, on
November 8.
Arthur Schlesinger - Colonial Merchants and the American Revolution
org/access_use#pd-google
? THE COLONIAL MERCHANTS: 1763-1776
the whale fisheries. On July 7, therefore, the provincial
congress decided to withhold all provisions and necessities
from the island until the inhabitants showed proof that the
food they had on hand would be used in domestic con-
sumption. 1
The islanders apparently gave little heed to this resolu-
tion. They managed to get a little food from other prov-
inces; 2 but by September they found themselves in severe
straits. The Massachusetts "House of Representatives,"
successor of the provincial congress, being made cognizant
of this situation, took steps on September 28 to re-open ex-
portation, and they instructed the committee of correspond-
ence of the town of Falmouth to supply the island with
enough food for sustenance of the inhabitants. 8 This
method of regulation likewise failed;4 and on December 11,
1775, the Continental Congress took the matter in hand.
The selectmen of the town of Sherburne in Nantucket were
instructed to prepare an estimate of the provisions and fuel
necessary for the use of the island and to lay it, under their
oath or affirmation, before three or more justices of the
peace of Barnstable County, Mass. The justices were then
empowered to grant licenses to any master or owner of
vessels in the island to import supplies up to the amount
specified. 5 This resolution of Congress appears to have
afforded a reasonably satisfactory solution for the difficulty
while the British troops remained at Boston.
The Second Continental Congress convened on May 10,
1775, three weeks after the beginning of war at Lexington.
1 Journals, vol. iii, pp. 420-422.
? E. g. , ibid. , vol. iii, pp. 15, 21-22, 60.
1 Ibid. , vol. iii, p. 1444.
* Ibid. , vol. iv, p. 1331.
0 Journals, vol. iii, pp. 420-422.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? TRANSFORMATION OF THE ASSOCIATION 563
Similar to the First Continental Congress in the irregularity
of its election, the problem that it had to face was a more
complicated one. The Congress had to solve on a national
scale the problem that the provincial and local organizations
had been trying to solve within their smaller jurisdictions.
As Robert R. Livingston told his fellow-members in a
speech on the floor of Congress, "We are between hawk
and buzzard; we puzzle ourselves between the commercial
and warlike opposition. " * This was indeed the most seri-
ous dilemma; but, in addition, it was necessary to settle cer-
tain questions of interpretation and omission arising from
the Continental Association and to adapt the document
frankly to the new war conditions.
Accepting the Lexington affray as a declaration of war,
the Congress began to assume direction of the rebellion and
to exercise the powers of a de facto government. In June
Washington was appointed commander-in-chief of the army
of the United Colonies, and rules for regulating the army
and navy were promulgated. Many other plans for military
operations were adopted in the subsequent months. On
July 6 a declaration was issued, which said, in effect, that
the attempt of the British government to accomplish by
force of arms what by law or right they could never effect
had made it necessary for the colonists to change the ground
of opposition and to close with the British appeal from
reason to arms. 2
As the interprovincial organization of the radicals, the
Congress undertook to standardize and supplement some of
the new functions which the committees of observation in
the several provinces had assumed of their own accord. In
June it was resolved that no provisions should be furnished
the British army and navy in America and that no bills of
1 Adams, J. , Works (Adams), vol. ii, p. 461.
1 Journals, vol. ii, pp. 140-153.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 564 THE COLONIAL MERCHANTS: 1763-1776
exchange of army or navy officers should be honored. 1 In
December vessels employed in transporting British troops
or carrying supplies for them were declared liable to con-
fiscation. 2 In October it was recommended to the provin-
cial organizations to arrest every person whose going at
large might endanger the liberties of America; * and on
January 2, 1776, these bodies were authorized to invoke the
aid of the continental troops in order to disarm all who
spoke or acted against America, and to arrest or place under
bond the more dangerous among them. 4 Later in January
it was resolved that any person who refused continental
currency should be published by the local committee or pro-
vincial body as "an enemy of his country" and be sub-
jected to boycott. 5 In March the radical organizations
were instructed to disarm all who had refused to sign de-
fense associations or who were notoriously disaffected. *
Congress also sought to encourage widespread activity in
manufacturing, particularly the production of saltpetre, sul-
phur and gunpowder. 7 Further than this, it was recom-
mended, in March, 1776, that the manufacturing of duck
and sail-cloth and of steel should be introduced into those
provinces where the processes were understood, and that a
society for the improvement of agriculture, arts, manufac-
tures and commerce should be established in every prov-
1 Journals, vol. ii, p. 78. * Ibid. , vol. iii, p. 437.
1 Ibid. , vol. iii, p. 280.
*Ibid. , vol. iv, pp. 18-20. On January 3, Congress itself enforced this
resolution against the loyalist inhabitants of Queen's County, N. Y.
Ibid. , pp. 25-27, 34, 114.
? Ibid. , vol. iii, pp. 367-368; vol. iv, p. 49. Vide also ibid. , vol. iv, p.
. 183; voL v, pp. 47S-476.
? Ibid. , vol. iv, p. 205.
11bid. , vol. iii, pp. 345-348, 349; vol. iv, pp. 170-171.
? /bid. , vol. iv, p. 224.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? TRANSFORMATION OF THE ASSOCIATION 565
Certain questions which had arisen from the omissions
and ambiguities of the Continental Association also re-
ceived careful consideration at the hands of Congress. One
of these grew out of the failure of the Association to pro-
vide a means by which a contrite offender, adjudged guilty
in the usual manner, might be restored to public favor.
Many committees had not waited to ask the opinion of Con-
gress in this matter, but had devised their own measures.
But the question was presented to Congress through a peti-
tion of Robert and John Murray, of New York, asking that
they might be restored " to their former situation with re-
spect to their commercial privileges. " In response to this
petition, Congress in May, 1775, established a general regu-
lation to the effect that the convention of the province, in
which the offence was committed, should settle the terms
upon which a repentant offender might receive the forgive-
ness of the public. 1
On July 4 Congress added the New England Restrain-
ing Act and the General Restraining Act to the list of those
laws whose repeal was aimed at by the Continental Associa-
tion. 2 To settle all doubts as to the meaning of the words,
"Great Britain " and "West Indies," as used in the Asso-
ciation, it was declared in August that the former term in-
cluded all exportation to and importation from the islands
of Jersey, Guernsey, Sark, Alderney and Man, and every
European island and settlement within the British domin-
ions; and that the latter term comprehended exportation to
all the West India islands, British and foreign, and to the
Summer Islands, Bahamas. Berbicia, Surinam, and every
1 Journals, vol. ii, pp. 49, 53, 67. The boycott against the Murrays was
removed by action of the New Jersey congress on May 31 and of the
New York congress on June 10. 4 Am. Arch. , vol. ii, pp. 68o-6ooK
1284, 1291.
1 Journals, vol. ii, p. 125.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 566 THE COLONIAL MERCHANTS: 1763-1778
island and settlement between the latitude of southern
Georgia and the equator. 1 Congress was called upon for
a further interpretation of the non-importation regulation
when a vessel arrived from London with the books and
household furniture of Dr. Franklin. A resolution was
adopted that such an importation was not comprehended
within the meaning of Article i and should be landed. 2
The most important action taken by Congress with refer-
ence to the Association was the series of resolutions per-
taining to the non-exportation regulation. One of these
resolutions terminated the painful controversy which had
grown out of the privileged position enjoyed by the rice
planters in the Association. The method of solution had
been foreshadowed by the embargo placed upon rice by the
General Committee at Charleston in May and by the South
Carolina congress in June. 8 Congress took no action in the
matter until November 1, although the general non-expor-
tation regulation had been in effect since the tenth of Sep-
tember: and then it was resolved: "That no Rice be ex-
ported under the exception contained in the fourth article
of the Association, from any of the United Colonies to
Great Britain, Ireland or the Islands of Jersey, Guernsey,
Sark, Alderney or Man, or any other European island or
settlement within the British Dominions. " *
On July 15, 1775, Congress authorized for a period of
nine months the clandestine importation of munitions in
return for American produce, "the non-exportation agree-
ment notwithstanding. " 5 This resolution, which was with-
1 Journals, vol. ii, pp. 238-239.
1 Ibid. , vol. ii, p. 247.
14 Am. Arch. , vol. ii, pp. 710, 938.
4 Journals, vol. iii, pp. 314-315.
1 Ibid. , vol. ii, pp. 184-185; vol. iii, p. 306. The regulation of this
traffic was left to the committees in the several provinces. On Sept. 19.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? TRANSFORMATION OF THE ASSOCIATION 567
held from the newspapers until October 26, was not alto-
gether clear in its meaning. But whether or not a relaxing
of the non-importation regulation was intended, it clearly
permitted a limited exportation to Great Britain and the
West Indies, even after the date September to,1 and sanc-
tioned a smuggling traffic in munitions with foreign coun-
tries. Incidentally it afforded some relief to the merchants,
shipowners and sailors, who were beginning to suffer from
the straitening effects of the non-importation. 2 Without
withdrawing the resolution of July 15, which applied pri-
marily to shipments undertaken upon private initiative,
Congress, on October 26, recommended to the provincial
organizations to export to the foreign West Indies, at the
expense of the province, provisions and other produce in re-
turn for munitions.
The secret committee of Congress was
empowered to do the same on the continental account, on
November 8. 8 These later resolutions also contravened the
non-exportation provisions of the Association. On January
3, 1776, the breach in the Association was made larger by
a blanket instruction of Congress to the secret committee
to "pursue the most effectual measures for importing"
drygoods and certain other merchandise into America. 4
Congress established a secret committee to look after the importation
of munitions for continental military purposes. Ibid. , vol. ii, p. 253;
vol. iii, p. 280; Adams, J. , Works, vol. ii, pp. 460-461.
1E. g. , vide Journals, vol. iv, pp. 172-173, 183.
1 Dyer, of Connecticut, complained in September that there were not
ten men in Connecticut who were worth as much money as the Phila-
delphia firm of Willing & Morris would make out of a contract with
Congress for the importation of powder. Adams, J. , Works, vol. ii,
pp. 448-449.
1 Journals, vol. iii, pp. 308, 315, 336; vol. iv, p. 414. Certain classes of
live stock were excepted in each instance. For the practice of Congress
in special cases, vide ibid. , vol. iii, pp. 408-409, 438-439; vol. iv, pp. 95-96.
108, 120, 176, 193.
* Ibid. , vol. iv, pp. 24-25.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 568 THE COLONIAL MERCHANTS: 1763-1776
This resolution practically annulled both the non-importa-
tion and non-exportation regulations of the Association, so
far as the powers of the secret committee were concerned.
Meantime, Congress had taken some steps for re-opening
trade with the British West Indies, contrary to the spirit
and wording of the Continental Association. Depending
upon the continental provinces for their food supply, the
British residents in those islands feared a servile insurrec-
tion when the non-exportation regulation should become
effective. In July, 1775, the Bermuda Assembly passed a
law placing an embargo upon the shipping of provisions
from the island. 1 Leading inhabitants dispatched a vessel
to Philadelphia to lay their case before the Continental
Congress. When that body took the matter under consid-
eration, in November, 1775, the continent was already be-
ginning to feel the lack of salt and was in bad need of war
munitions; and therefore Congress decided that, as "the
inhabitants of the island of Bermuda appear friendly to
the cause of America," enough food should be sent them
from time to time as might be necessary for their subsist-
ence and home consumption, upon condition that payment
should be made in salt and munitions. 2 The distress of the
people of the island of New Providence was alleviated tem-
porarily when Congress permitted the exportation of one
hundred bushels of flour, on November 29, in return for
muskets. 8
1 N. Y. Journ. , July 27, 1775.
J Journals, vol. iii, pp. 362-364. The annual exportation to Bermuda
was fixed at 72,000 bushels of Indian corn, 2,000 barrels of bread or
flour, 1,000 barrels of beef or pork, 2,100 bushels of peas or beans, and
300 tierces of rice.
* Ibid. , vol. iii, pp. 389-390. The Connecticut Gasette, Feb. 16, 1776,
reported that the non-exportation was beginning to be severely felt in
the West Indies, where the most ordinary beef sold for seven or eight
pounds per barrel, common flour at six pounds currency per barrel.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? TRANSFORMATION OF THE ASSOCIATION 569
Congress was confronted with a practical problem of
serious import by the action of Parliament, in April, 1775,
in exempting four colonies from the provisions of the Gen-
eral Restraining Act. The radical organizations in these
colonies had taken active steps to prevent any advantage be-
ing taken of the parliamentary exemption. But as the need
for war supplies became greater, Congress began to con-
sider the practicability of making the United Colonies the
beneficiaries of these privileged trade-channels. Through-
out October the matter was under active consideration by
Congress. 1 Willing of Pennsylvania argued: "Shall we
act like the dog in the manger--not suffer New York and
the lower counties and North Carolina to export because we
can't? We may get salt and ammunition by those ports. "
Johnson of Maryland and Jay of New York spoke to the
same purpose. Lee of Virginia believed that for the ex-
empted colonies to trade would be exactly answering the
purpose of the British administration, for " jealousies and
dissensions will arise, and disunion and division. We shall
become a rope of sand. " Gadsden of South Carolina,
Wythe of Virginia and Chase of Maryland agreed. Chase
adding: "A few weeks will put us all on a footing; New
York &c are now all in rebellion, as the ministry call it, as
much as Massachusetts Bay. " John Rutledge of South
Carolina chided the opposition for wanting to break the
and that little was to be had at any price. The islanders were "under
terrible Apprehensions" of the effect of reduced rations upon the negro
slaves. On October 4, this sheet reported further that an insurrection
had broken out among the Jamaica negroes and that some merchant
vessels, just arrived in Connecticut, had been detained because of a
food embargo there and had saiied finally with a short allowance of
provisions.
1 Adams, J. , Works, vol. ii, pp. 452-457, 469-484; Journals, vol. iii, pp.
276, 280, 283, 286, 287, 291-292, 301-302, 307, 312. The exempted prov-
inces were New York, Delaware, North Carolina and Georgia.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 570 THE COLONIAL MERCHANTS: 1763-1776
Association so soon and reminded the members, with some
bitterness, that " if we had abided by a former non-impor-
tation, we should have had redress. " Finally, on Novem-
ber 1, Congress came to a decision. It was resolved that
no persons in the four privileged provinces should apply at
the custom houses for clearance papers; and the thanks of
Congress was voted for their self-denial in the past. 1
The tenth of September, 1775, was the date set by the
Continental Association for the prohibition of exportation
to Great Britain, Ireland and the West Indies; and for
months the merchants had been looking forward with dread
to the event. The non-importation had continued to be
effectively enforced -- the British warships proving of un-
intentional service after July in their efforts to prevent the
smuggling of tea, trade with the foreign West Indies, etc. ,
under the provisions of the General Restraining Act--and
there was every reason to believe that the non-exportation
regulation would be equally well executed, except of course
in such cases as Congress had chosen to make exceptions.
Throughout the spring and summer of 1775 the merchants
of the North and the planters of the South had increased
their shipments to Great Britain and the West Indies in
order to provide against the approaching abstention. Com-
parative figures for the years 1774 and 1775 show that at
New York the value of exports to England increased from
? 80,008 to ? 187,018; at Philadelphia, from ? 69,611 to
? 175,962; in Maryland and Virginia, from ? 612,030 to
? 758,356; in the Carolinas, from ? 432,302 to ? 579,549;
and in Georgia, from ? 67,647 to ? 103,477: and that even in
New England there was a slight increase from ? 112,248 to
? 116,588. 2 For the colonies as a whole there was an in-
crease of nearly forty per cent.
1 Journals, vol. iii, p. 314.
* Macpherson, Annals of Com. , vol. iii, pp. 564, 585.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? TRANSFORMATION OF THE ASSOCIATION
When news of the Lexington affair electrified the conti-
nent, it was widely rumored that Congress would move for-
ward the date of the non-exportation. In the early days of
May, 1775, owners of vessels at Philadelphia got them out
of the harbor as fast as they could; the millers hurried their
flour to market, some of them near the city selling wheat out
of their mills without grinding. Vessels were not to be had
at any price; flour advanced from 13s. to 14s. 6d. J Thomas
Mumford, an exporter of horses at Groton, Conn. , wrote
to his brother-in-law, Silas Deane, a member of Congress,
for definite information as to the possibility of an earlier
non-exportation, pointing out that he had several vessels
which he was thinking of fitting out. Deane informed his
wife in a letter a few weeks later that it was still uncertain
what action Congress would take, but he added: "Tell my
brother to get his vessel away as quick as possible, some-
where or other, if he sends her at all; this is what the
merchts are doing here. " 2
Such precautions proved unnecessary, as Congress did
not tamper with the date originally set for non-exportation.
Considerable public sentiment, however, was aroused by the
enterprise of merchants, in several parts of the continent, in
collecting great quantities of flaxseed in the last weeks of
open commerce for exportation to Ireland. While such
exportation did not contravene the terms of the Association,
it was felt that it was nevertheless injurious to the Amer-
ican cause and thus contrary to the spirit of the Association.
When New York merchants sent agents into Connecticut to
buy up flaxseed for this purpose, the committees at New
Haven, Milford, Fairfield and other places sternly warned
the inhabitants against dealing with them. 8 On August 12,
1Clifford, Correspondence (L. C. Mss. ), vol. xxix, letters of May 2,
6, 30, 1775-
1 Conn. Hist. Soc. Colls. , vol. ii, pp. 263, 276.
1 Conn. Journ. , Aug. 16, 23, 1775; N. Y. Journ. , Aug. 24.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 572 THE COLONIAL MERCHANTS: 1763-1776
fourteen business houses of New York city applied to the
New York provincial congress for a definition of their
rights in shipping flaxseed; and that body responded that,
since the Continental Congress had left the provision un-
changed, exportation might continue until September IO. 1
Nevertheless the New York Journal announced, five days
after this action, that " some Merchants of this City, who
had chartered a Vessel to load her with Flax Seed for Ire-
land, have altered her Voyage, rather than give Dissatis-
faction to our Fellow Citizens. " When a town meeting at
Providence, R. I. , learned on September 7 that a large
quantity of flaxseed was about to be exported from the
town, they at once placed a ban on its shipment. 2
There was a great bustle at Philadelphia in the last week
of open trade; and no doubt the scene there was paralleled
in many other ports of the continent. Produce of all sorts
was brought to town and in such quantities that not enough
vessels could be found to carry it off. On the very last day,
fifty-two ships sailed from port, leaving hardly a vessel be-
hind. Several of these ships had arrived and taken a cargo
in forty-eight hours. 8
With the advent of non-exportation, conditions were far
different from those anticipated by the framers of the Con-
tinental Association. Military necessity, as we have seen,
had taken away from the non-exportation regulation, its
primary raison d'etre, i. e. a self-denying ordinance for pur-
poses of commercial coercion, and had converted it very
largely into a mechanism for procuring military supplies.
The work of enforcing the non-exportation regulation in
cases where it applied was zealously undertaken by the rad-
1 4 Am. Arch. , vol. iii, pp. 96, 529.
1 Ibid. , vol.
? THE COLONIAL MERCHANTS: 1763-1776
the whale fisheries. On July 7, therefore, the provincial
congress decided to withhold all provisions and necessities
from the island until the inhabitants showed proof that the
food they had on hand would be used in domestic con-
sumption. 1
The islanders apparently gave little heed to this resolu-
tion. They managed to get a little food from other prov-
inces; 2 but by September they found themselves in severe
straits. The Massachusetts "House of Representatives,"
successor of the provincial congress, being made cognizant
of this situation, took steps on September 28 to re-open ex-
portation, and they instructed the committee of correspond-
ence of the town of Falmouth to supply the island with
enough food for sustenance of the inhabitants. 8 This
method of regulation likewise failed;4 and on December 11,
1775, the Continental Congress took the matter in hand.
The selectmen of the town of Sherburne in Nantucket were
instructed to prepare an estimate of the provisions and fuel
necessary for the use of the island and to lay it, under their
oath or affirmation, before three or more justices of the
peace of Barnstable County, Mass. The justices were then
empowered to grant licenses to any master or owner of
vessels in the island to import supplies up to the amount
specified. 5 This resolution of Congress appears to have
afforded a reasonably satisfactory solution for the difficulty
while the British troops remained at Boston.
The Second Continental Congress convened on May 10,
1775, three weeks after the beginning of war at Lexington.
1 Journals, vol. iii, pp. 420-422.
? E. g. , ibid. , vol. iii, pp. 15, 21-22, 60.
1 Ibid. , vol. iii, p. 1444.
* Ibid. , vol. iv, p. 1331.
0 Journals, vol. iii, pp. 420-422.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? TRANSFORMATION OF THE ASSOCIATION 563
Similar to the First Continental Congress in the irregularity
of its election, the problem that it had to face was a more
complicated one. The Congress had to solve on a national
scale the problem that the provincial and local organizations
had been trying to solve within their smaller jurisdictions.
As Robert R. Livingston told his fellow-members in a
speech on the floor of Congress, "We are between hawk
and buzzard; we puzzle ourselves between the commercial
and warlike opposition. " * This was indeed the most seri-
ous dilemma; but, in addition, it was necessary to settle cer-
tain questions of interpretation and omission arising from
the Continental Association and to adapt the document
frankly to the new war conditions.
Accepting the Lexington affray as a declaration of war,
the Congress began to assume direction of the rebellion and
to exercise the powers of a de facto government. In June
Washington was appointed commander-in-chief of the army
of the United Colonies, and rules for regulating the army
and navy were promulgated. Many other plans for military
operations were adopted in the subsequent months. On
July 6 a declaration was issued, which said, in effect, that
the attempt of the British government to accomplish by
force of arms what by law or right they could never effect
had made it necessary for the colonists to change the ground
of opposition and to close with the British appeal from
reason to arms. 2
As the interprovincial organization of the radicals, the
Congress undertook to standardize and supplement some of
the new functions which the committees of observation in
the several provinces had assumed of their own accord. In
June it was resolved that no provisions should be furnished
the British army and navy in America and that no bills of
1 Adams, J. , Works (Adams), vol. ii, p. 461.
1 Journals, vol. ii, pp. 140-153.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 564 THE COLONIAL MERCHANTS: 1763-1776
exchange of army or navy officers should be honored. 1 In
December vessels employed in transporting British troops
or carrying supplies for them were declared liable to con-
fiscation. 2 In October it was recommended to the provin-
cial organizations to arrest every person whose going at
large might endanger the liberties of America; * and on
January 2, 1776, these bodies were authorized to invoke the
aid of the continental troops in order to disarm all who
spoke or acted against America, and to arrest or place under
bond the more dangerous among them. 4 Later in January
it was resolved that any person who refused continental
currency should be published by the local committee or pro-
vincial body as "an enemy of his country" and be sub-
jected to boycott. 5 In March the radical organizations
were instructed to disarm all who had refused to sign de-
fense associations or who were notoriously disaffected. *
Congress also sought to encourage widespread activity in
manufacturing, particularly the production of saltpetre, sul-
phur and gunpowder. 7 Further than this, it was recom-
mended, in March, 1776, that the manufacturing of duck
and sail-cloth and of steel should be introduced into those
provinces where the processes were understood, and that a
society for the improvement of agriculture, arts, manufac-
tures and commerce should be established in every prov-
1 Journals, vol. ii, p. 78. * Ibid. , vol. iii, p. 437.
1 Ibid. , vol. iii, p. 280.
*Ibid. , vol. iv, pp. 18-20. On January 3, Congress itself enforced this
resolution against the loyalist inhabitants of Queen's County, N. Y.
Ibid. , pp. 25-27, 34, 114.
? Ibid. , vol. iii, pp. 367-368; vol. iv, p. 49. Vide also ibid. , vol. iv, p.
. 183; voL v, pp. 47S-476.
? Ibid. , vol. iv, p. 205.
11bid. , vol. iii, pp. 345-348, 349; vol. iv, pp. 170-171.
? /bid. , vol. iv, p. 224.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? TRANSFORMATION OF THE ASSOCIATION 565
Certain questions which had arisen from the omissions
and ambiguities of the Continental Association also re-
ceived careful consideration at the hands of Congress. One
of these grew out of the failure of the Association to pro-
vide a means by which a contrite offender, adjudged guilty
in the usual manner, might be restored to public favor.
Many committees had not waited to ask the opinion of Con-
gress in this matter, but had devised their own measures.
But the question was presented to Congress through a peti-
tion of Robert and John Murray, of New York, asking that
they might be restored " to their former situation with re-
spect to their commercial privileges. " In response to this
petition, Congress in May, 1775, established a general regu-
lation to the effect that the convention of the province, in
which the offence was committed, should settle the terms
upon which a repentant offender might receive the forgive-
ness of the public. 1
On July 4 Congress added the New England Restrain-
ing Act and the General Restraining Act to the list of those
laws whose repeal was aimed at by the Continental Associa-
tion. 2 To settle all doubts as to the meaning of the words,
"Great Britain " and "West Indies," as used in the Asso-
ciation, it was declared in August that the former term in-
cluded all exportation to and importation from the islands
of Jersey, Guernsey, Sark, Alderney and Man, and every
European island and settlement within the British domin-
ions; and that the latter term comprehended exportation to
all the West India islands, British and foreign, and to the
Summer Islands, Bahamas. Berbicia, Surinam, and every
1 Journals, vol. ii, pp. 49, 53, 67. The boycott against the Murrays was
removed by action of the New Jersey congress on May 31 and of the
New York congress on June 10. 4 Am. Arch. , vol. ii, pp. 68o-6ooK
1284, 1291.
1 Journals, vol. ii, p. 125.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 566 THE COLONIAL MERCHANTS: 1763-1778
island and settlement between the latitude of southern
Georgia and the equator. 1 Congress was called upon for
a further interpretation of the non-importation regulation
when a vessel arrived from London with the books and
household furniture of Dr. Franklin. A resolution was
adopted that such an importation was not comprehended
within the meaning of Article i and should be landed. 2
The most important action taken by Congress with refer-
ence to the Association was the series of resolutions per-
taining to the non-exportation regulation. One of these
resolutions terminated the painful controversy which had
grown out of the privileged position enjoyed by the rice
planters in the Association. The method of solution had
been foreshadowed by the embargo placed upon rice by the
General Committee at Charleston in May and by the South
Carolina congress in June. 8 Congress took no action in the
matter until November 1, although the general non-expor-
tation regulation had been in effect since the tenth of Sep-
tember: and then it was resolved: "That no Rice be ex-
ported under the exception contained in the fourth article
of the Association, from any of the United Colonies to
Great Britain, Ireland or the Islands of Jersey, Guernsey,
Sark, Alderney or Man, or any other European island or
settlement within the British Dominions. " *
On July 15, 1775, Congress authorized for a period of
nine months the clandestine importation of munitions in
return for American produce, "the non-exportation agree-
ment notwithstanding. " 5 This resolution, which was with-
1 Journals, vol. ii, pp. 238-239.
1 Ibid. , vol. ii, p. 247.
14 Am. Arch. , vol. ii, pp. 710, 938.
4 Journals, vol. iii, pp. 314-315.
1 Ibid. , vol. ii, pp. 184-185; vol. iii, p. 306. The regulation of this
traffic was left to the committees in the several provinces. On Sept. 19.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? TRANSFORMATION OF THE ASSOCIATION 567
held from the newspapers until October 26, was not alto-
gether clear in its meaning. But whether or not a relaxing
of the non-importation regulation was intended, it clearly
permitted a limited exportation to Great Britain and the
West Indies, even after the date September to,1 and sanc-
tioned a smuggling traffic in munitions with foreign coun-
tries. Incidentally it afforded some relief to the merchants,
shipowners and sailors, who were beginning to suffer from
the straitening effects of the non-importation. 2 Without
withdrawing the resolution of July 15, which applied pri-
marily to shipments undertaken upon private initiative,
Congress, on October 26, recommended to the provincial
organizations to export to the foreign West Indies, at the
expense of the province, provisions and other produce in re-
turn for munitions.
The secret committee of Congress was
empowered to do the same on the continental account, on
November 8. 8 These later resolutions also contravened the
non-exportation provisions of the Association. On January
3, 1776, the breach in the Association was made larger by
a blanket instruction of Congress to the secret committee
to "pursue the most effectual measures for importing"
drygoods and certain other merchandise into America. 4
Congress established a secret committee to look after the importation
of munitions for continental military purposes. Ibid. , vol. ii, p. 253;
vol. iii, p. 280; Adams, J. , Works, vol. ii, pp. 460-461.
1E. g. , vide Journals, vol. iv, pp. 172-173, 183.
1 Dyer, of Connecticut, complained in September that there were not
ten men in Connecticut who were worth as much money as the Phila-
delphia firm of Willing & Morris would make out of a contract with
Congress for the importation of powder. Adams, J. , Works, vol. ii,
pp. 448-449.
1 Journals, vol. iii, pp. 308, 315, 336; vol. iv, p. 414. Certain classes of
live stock were excepted in each instance. For the practice of Congress
in special cases, vide ibid. , vol. iii, pp. 408-409, 438-439; vol. iv, pp. 95-96.
108, 120, 176, 193.
* Ibid. , vol. iv, pp. 24-25.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 568 THE COLONIAL MERCHANTS: 1763-1776
This resolution practically annulled both the non-importa-
tion and non-exportation regulations of the Association, so
far as the powers of the secret committee were concerned.
Meantime, Congress had taken some steps for re-opening
trade with the British West Indies, contrary to the spirit
and wording of the Continental Association. Depending
upon the continental provinces for their food supply, the
British residents in those islands feared a servile insurrec-
tion when the non-exportation regulation should become
effective. In July, 1775, the Bermuda Assembly passed a
law placing an embargo upon the shipping of provisions
from the island. 1 Leading inhabitants dispatched a vessel
to Philadelphia to lay their case before the Continental
Congress. When that body took the matter under consid-
eration, in November, 1775, the continent was already be-
ginning to feel the lack of salt and was in bad need of war
munitions; and therefore Congress decided that, as "the
inhabitants of the island of Bermuda appear friendly to
the cause of America," enough food should be sent them
from time to time as might be necessary for their subsist-
ence and home consumption, upon condition that payment
should be made in salt and munitions. 2 The distress of the
people of the island of New Providence was alleviated tem-
porarily when Congress permitted the exportation of one
hundred bushels of flour, on November 29, in return for
muskets. 8
1 N. Y. Journ. , July 27, 1775.
J Journals, vol. iii, pp. 362-364. The annual exportation to Bermuda
was fixed at 72,000 bushels of Indian corn, 2,000 barrels of bread or
flour, 1,000 barrels of beef or pork, 2,100 bushels of peas or beans, and
300 tierces of rice.
* Ibid. , vol. iii, pp. 389-390. The Connecticut Gasette, Feb. 16, 1776,
reported that the non-exportation was beginning to be severely felt in
the West Indies, where the most ordinary beef sold for seven or eight
pounds per barrel, common flour at six pounds currency per barrel.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? TRANSFORMATION OF THE ASSOCIATION 569
Congress was confronted with a practical problem of
serious import by the action of Parliament, in April, 1775,
in exempting four colonies from the provisions of the Gen-
eral Restraining Act. The radical organizations in these
colonies had taken active steps to prevent any advantage be-
ing taken of the parliamentary exemption. But as the need
for war supplies became greater, Congress began to con-
sider the practicability of making the United Colonies the
beneficiaries of these privileged trade-channels. Through-
out October the matter was under active consideration by
Congress. 1 Willing of Pennsylvania argued: "Shall we
act like the dog in the manger--not suffer New York and
the lower counties and North Carolina to export because we
can't? We may get salt and ammunition by those ports. "
Johnson of Maryland and Jay of New York spoke to the
same purpose. Lee of Virginia believed that for the ex-
empted colonies to trade would be exactly answering the
purpose of the British administration, for " jealousies and
dissensions will arise, and disunion and division. We shall
become a rope of sand. " Gadsden of South Carolina,
Wythe of Virginia and Chase of Maryland agreed. Chase
adding: "A few weeks will put us all on a footing; New
York &c are now all in rebellion, as the ministry call it, as
much as Massachusetts Bay. " John Rutledge of South
Carolina chided the opposition for wanting to break the
and that little was to be had at any price. The islanders were "under
terrible Apprehensions" of the effect of reduced rations upon the negro
slaves. On October 4, this sheet reported further that an insurrection
had broken out among the Jamaica negroes and that some merchant
vessels, just arrived in Connecticut, had been detained because of a
food embargo there and had saiied finally with a short allowance of
provisions.
1 Adams, J. , Works, vol. ii, pp. 452-457, 469-484; Journals, vol. iii, pp.
276, 280, 283, 286, 287, 291-292, 301-302, 307, 312. The exempted prov-
inces were New York, Delaware, North Carolina and Georgia.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 570 THE COLONIAL MERCHANTS: 1763-1776
Association so soon and reminded the members, with some
bitterness, that " if we had abided by a former non-impor-
tation, we should have had redress. " Finally, on Novem-
ber 1, Congress came to a decision. It was resolved that
no persons in the four privileged provinces should apply at
the custom houses for clearance papers; and the thanks of
Congress was voted for their self-denial in the past. 1
The tenth of September, 1775, was the date set by the
Continental Association for the prohibition of exportation
to Great Britain, Ireland and the West Indies; and for
months the merchants had been looking forward with dread
to the event. The non-importation had continued to be
effectively enforced -- the British warships proving of un-
intentional service after July in their efforts to prevent the
smuggling of tea, trade with the foreign West Indies, etc. ,
under the provisions of the General Restraining Act--and
there was every reason to believe that the non-exportation
regulation would be equally well executed, except of course
in such cases as Congress had chosen to make exceptions.
Throughout the spring and summer of 1775 the merchants
of the North and the planters of the South had increased
their shipments to Great Britain and the West Indies in
order to provide against the approaching abstention. Com-
parative figures for the years 1774 and 1775 show that at
New York the value of exports to England increased from
? 80,008 to ? 187,018; at Philadelphia, from ? 69,611 to
? 175,962; in Maryland and Virginia, from ? 612,030 to
? 758,356; in the Carolinas, from ? 432,302 to ? 579,549;
and in Georgia, from ? 67,647 to ? 103,477: and that even in
New England there was a slight increase from ? 112,248 to
? 116,588. 2 For the colonies as a whole there was an in-
crease of nearly forty per cent.
1 Journals, vol. iii, p. 314.
* Macpherson, Annals of Com. , vol. iii, pp. 564, 585.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? TRANSFORMATION OF THE ASSOCIATION
When news of the Lexington affair electrified the conti-
nent, it was widely rumored that Congress would move for-
ward the date of the non-exportation. In the early days of
May, 1775, owners of vessels at Philadelphia got them out
of the harbor as fast as they could; the millers hurried their
flour to market, some of them near the city selling wheat out
of their mills without grinding. Vessels were not to be had
at any price; flour advanced from 13s. to 14s. 6d. J Thomas
Mumford, an exporter of horses at Groton, Conn. , wrote
to his brother-in-law, Silas Deane, a member of Congress,
for definite information as to the possibility of an earlier
non-exportation, pointing out that he had several vessels
which he was thinking of fitting out. Deane informed his
wife in a letter a few weeks later that it was still uncertain
what action Congress would take, but he added: "Tell my
brother to get his vessel away as quick as possible, some-
where or other, if he sends her at all; this is what the
merchts are doing here. " 2
Such precautions proved unnecessary, as Congress did
not tamper with the date originally set for non-exportation.
Considerable public sentiment, however, was aroused by the
enterprise of merchants, in several parts of the continent, in
collecting great quantities of flaxseed in the last weeks of
open commerce for exportation to Ireland. While such
exportation did not contravene the terms of the Association,
it was felt that it was nevertheless injurious to the Amer-
ican cause and thus contrary to the spirit of the Association.
When New York merchants sent agents into Connecticut to
buy up flaxseed for this purpose, the committees at New
Haven, Milford, Fairfield and other places sternly warned
the inhabitants against dealing with them. 8 On August 12,
1Clifford, Correspondence (L. C. Mss. ), vol. xxix, letters of May 2,
6, 30, 1775-
1 Conn. Hist. Soc. Colls. , vol. ii, pp. 263, 276.
1 Conn. Journ. , Aug. 16, 23, 1775; N. Y. Journ. , Aug. 24.
? ? Generated for (University of Chicago) on 2014-08-19 01:37 GMT / http://hdl. handle. net/2027/mdp. 39015011480665 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 572 THE COLONIAL MERCHANTS: 1763-1776
fourteen business houses of New York city applied to the
New York provincial congress for a definition of their
rights in shipping flaxseed; and that body responded that,
since the Continental Congress had left the provision un-
changed, exportation might continue until September IO. 1
Nevertheless the New York Journal announced, five days
after this action, that " some Merchants of this City, who
had chartered a Vessel to load her with Flax Seed for Ire-
land, have altered her Voyage, rather than give Dissatis-
faction to our Fellow Citizens. " When a town meeting at
Providence, R. I. , learned on September 7 that a large
quantity of flaxseed was about to be exported from the
town, they at once placed a ban on its shipment. 2
There was a great bustle at Philadelphia in the last week
of open trade; and no doubt the scene there was paralleled
in many other ports of the continent. Produce of all sorts
was brought to town and in such quantities that not enough
vessels could be found to carry it off. On the very last day,
fifty-two ships sailed from port, leaving hardly a vessel be-
hind. Several of these ships had arrived and taken a cargo
in forty-eight hours. 8
With the advent of non-exportation, conditions were far
different from those anticipated by the framers of the Con-
tinental Association. Military necessity, as we have seen,
had taken away from the non-exportation regulation, its
primary raison d'etre, i. e. a self-denying ordinance for pur-
poses of commercial coercion, and had converted it very
largely into a mechanism for procuring military supplies.
The work of enforcing the non-exportation regulation in
cases where it applied was zealously undertaken by the rad-
1 4 Am. Arch. , vol. iii, pp. 96, 529.
1 Ibid. , vol.
