1
The islanders apparently gave little heed to this resolu-
tion.
The islanders apparently gave little heed to this resolu-
tion.
Arthur Schlesinger - Colonial Merchants and the American Revolution
, vol.
ii, p.
1610.
* Ibid. , vol. iii, p. 690.
* Ibid. , vol. iii, p. 1072.
1 Ibid. , vol. iii, pp. 51-56.
? ? 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
? 558 THE COLONIAL MERCHANTS: 1763-1776
Anderson of Hanover County, Va. , was exempted by the
committee from further prosecution when he expressed his
deep sorrow for "declaring that this Country was in a
state of rebellion, and aimed at a state of independence
more than opposition to parliamentary taxation. " * The
committee of Pitt County, N. C, advertised John Tison in
May for speaking disrespectfully of the committee and
Congress, and in October he confessed his offense and
promised under oath never to do the like again. 2
In the instances here cited, the boycott was the punish-
ment prescribed. But the boycott was essentially a weapon
to be resorted to by a minority in a community; as the gov-
ernment of one community after the other fell under con-
trol of the rebels, methods of punishment more immediately
efficacious were adopted. Thus, in May, 1775, the Massa-
chusetts provincial congress recommended to the commit-
tees of correspondence and selectmen of the various towns
to confiscate the arms of those persons who were unfriendly
to the American cause, and forbade any inhabitants to re-
move from the province with their effects, except by leave
of the local committee of correspondence or the provincial
congress. In June the provincial congress directed the
selectmen and committees of correspondence of the several
towns to take charge of the effects and estates of those per-
sons who had fled within the British lines at Boston or
elsewhere, to improve the same to the best advantage, and
to render a true account of the profits arising therefrom to
the congress. 8 The New Hampshire provincial congress on
June 30 sentenced Colonel John Fenton to an indefinite
confinement in jail for being " an enemy to the liberties of
1 4 Am. Arch. , vol. iii, p. 644.
* A''. C. Col. Recs. , vol. ix. pp. 1240, 1266; vol. x, pp. 243, 261.
? 4 Am. Arch. , vol. ii, pp. 793, 1804, 1431 n.
? ? 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
America. " * The Rhode Island General Assembly in No-
vember passed a law punishing, with death and forfeiture
of property, any persons assisting the British enemy with
information, provisions or munitions. 2 In September the
New York provincial congress established a series of penal-
ties for persons inimical to America; and these penalties in-
cluded imprisonment, disarming, fines, and banishment from
the province, according to the enormity of the offence. 8
Several persons were sent to jail in October by the Penn-
sylvania committee of safety for unfriendly correspond-
ence with the enemy, and one of them was later released
under bond of ? 500 for good behavior. 4 The committee of
Newbern, N. C. ,. ordered the disarming of all those who
had not signed the defense association. 8 In June, 1775, the
secret committee of the General Committee at Charleston
sentenced two men, who had declined the defense associa-
tion, to tar and feathers. "
The radical committees and organizations in many of the
provinces also found it necessary to limit or prohibit expor-
tations, although the non-exportation regulation of the Con-
tinental Association was not to become effective until Sep-
tember 10. The prime purpose of such regulations was to
distress the British troops; a subsidiary object was to facili-
tate the provisioning of the American forces. The Connec-
ticut Assembly was the first to act, in April, 1775, by plac-
ing an embargo upon the exportation by water of cereals,
1 4 Am. Arch. , vol. ii, pp. 698. 1180, 1181.
1 Ibid. , vol. iii, pp. 1376-1377.
1 Ibid. , vol. iii, pp. 573-574-
4Ibid. , vol. iii, pp. 1815, 1822-1823.
6 Ibid. , vol. iii, p. 100.
? Ibid. , vol. ii, pp. 922-923.
? ? 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
? 560 THE COLONIAL MERCHANTS: 1763-1776
meats and live cattle, except necessary ship supplies. 1 In
May the Rhode Island Assembly passed a similar act. " The
Massachusetts provincial congress in June resolved that no
fish or other provision should be shipped from the province
unless the committee having jurisdiction should decide that
the victuals were intended for the use of the inhabitants of
some New England province. 8
Even before the fateful day at Lexington, the populace
at New York had become alarmed at the exportation of
nails, spades and other implements to the British troops at
Boston, and at a mass meeting on April 6 they adopted
resolutions demanding that the practice stop. Two mer-
chants, William and Henry Ustick, who were active in this
traffic, were held up as " inveterate foes to American free-
dom," although, as these gentlemen maintained, they had
not violated any part of the Continental Association. 4 In
May the One Hundred forbade the exportation of provis-
ions from New York city, and in August the provincial
congress applied the same principle to shipments from the
entire province. 5 The Virginia convention resolved, on July
24, to withhold the exportation of cereals and other pro-
visions after August 5 and to prevent even the collection of
them in large quantities in towns or near navigable streams.
The merchants and inhabitants of Norfolk and Northamp-
ton entered vigorous protests; and when word arrived, on
August 8, that the Maryland convention would not join in
1 4 Am. Arch. , vol. ii, pp. 410, 562; vol. iii, pp. 269, 1018.
1 Ibid. , vol. ii, p. 1151.
1 Ibid. , vol. ii, p. 1404. For subsequent modifications of this resolution,
vide ibid. , vol. ii, pp. 1435, 1440, 1462; vol. iii, pp. 320, 362, 1440-1441.
4 Ibid. , vol. ii, pp. 242-243, 282-283; A'. Y. Gas. , Apr. 17, 24, 1775.
? 4 Am. Arch. , vol. ii, pp. 636-637; vol. iii, pp. 445-447, 536-537. More
stringent regulations were adopted later in the month. Ibid. , vol. iii,
pp. SS8-559, 560, 561, 565.
? ? 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 56r
similar resolutions, the convention rescinded its action. 1
However, the various county committees endeavored to
keep supplies away from British warships in Virginia
waters. 2 The General Committee at Charleston resolved
on May 26, that no rice or Indian corn should thereafter be
exported from the province; and on June 9 the provincial
congress declared that this embargo should continue for
three months. 8
The conduct of the fishermen of Nantucket furnished a
knotty problem for the radicals to solve and involved again
the use of non-exportation prior to the time set by the Con-
tinental Association. The islanders had no scruples about
profiting by their exemption from the New England Re-
straining Act in respect to the whale fisheries. Further-
more, they were suspected of furnishing the British ships
and troops in Massachusetts with food, and of carrying pro-
visions to Newfoundland and the fishing settlements. In
order to check this traffic, the Second Continental Congress
voted on May 29, 1775, that no provisions or necessities of
life should be exported to Nantucket, except from Massa-
chusetts, and then only in sufficient quantities for domestic
consumption. 4 This proved to be an impracticable arrange-
ment because of the difficulty of providing an adequate
supervision. The Massachusetts provincial congress placed
the regulation of exportation under charge of the provincial
committee of safety; but it soon became evident that, not-
withstanding their precautions, the islanders were prepar-
ing a large quantity of provisions with the intention of
availing themselves of their exclusive privilege to engage in
1 4 Am. Arch. , vol. iii, pp. 102, 103. 122, 369, 372, 373. 376.
1 Ibid. , vol. iii, pp. 218, 655-656.
. 1 Ibid. , vol. ii, pp. 710, 938.
* Journals, vol. ii, pp. 70-71.
? ? 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
? 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. iii, p. 690.
* Ibid. , vol. iii, p. 1072.
1 Ibid. , vol. iii, pp. 51-56.
? ? 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
? 558 THE COLONIAL MERCHANTS: 1763-1776
Anderson of Hanover County, Va. , was exempted by the
committee from further prosecution when he expressed his
deep sorrow for "declaring that this Country was in a
state of rebellion, and aimed at a state of independence
more than opposition to parliamentary taxation. " * The
committee of Pitt County, N. C, advertised John Tison in
May for speaking disrespectfully of the committee and
Congress, and in October he confessed his offense and
promised under oath never to do the like again. 2
In the instances here cited, the boycott was the punish-
ment prescribed. But the boycott was essentially a weapon
to be resorted to by a minority in a community; as the gov-
ernment of one community after the other fell under con-
trol of the rebels, methods of punishment more immediately
efficacious were adopted. Thus, in May, 1775, the Massa-
chusetts provincial congress recommended to the commit-
tees of correspondence and selectmen of the various towns
to confiscate the arms of those persons who were unfriendly
to the American cause, and forbade any inhabitants to re-
move from the province with their effects, except by leave
of the local committee of correspondence or the provincial
congress. In June the provincial congress directed the
selectmen and committees of correspondence of the several
towns to take charge of the effects and estates of those per-
sons who had fled within the British lines at Boston or
elsewhere, to improve the same to the best advantage, and
to render a true account of the profits arising therefrom to
the congress. 8 The New Hampshire provincial congress on
June 30 sentenced Colonel John Fenton to an indefinite
confinement in jail for being " an enemy to the liberties of
1 4 Am. Arch. , vol. iii, p. 644.
* A''. C. Col. Recs. , vol. ix. pp. 1240, 1266; vol. x, pp. 243, 261.
? 4 Am. Arch. , vol. ii, pp. 793, 1804, 1431 n.
? ? 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
America. " * The Rhode Island General Assembly in No-
vember passed a law punishing, with death and forfeiture
of property, any persons assisting the British enemy with
information, provisions or munitions. 2 In September the
New York provincial congress established a series of penal-
ties for persons inimical to America; and these penalties in-
cluded imprisonment, disarming, fines, and banishment from
the province, according to the enormity of the offence. 8
Several persons were sent to jail in October by the Penn-
sylvania committee of safety for unfriendly correspond-
ence with the enemy, and one of them was later released
under bond of ? 500 for good behavior. 4 The committee of
Newbern, N. C. ,. ordered the disarming of all those who
had not signed the defense association. 8 In June, 1775, the
secret committee of the General Committee at Charleston
sentenced two men, who had declined the defense associa-
tion, to tar and feathers. "
The radical committees and organizations in many of the
provinces also found it necessary to limit or prohibit expor-
tations, although the non-exportation regulation of the Con-
tinental Association was not to become effective until Sep-
tember 10. The prime purpose of such regulations was to
distress the British troops; a subsidiary object was to facili-
tate the provisioning of the American forces. The Connec-
ticut Assembly was the first to act, in April, 1775, by plac-
ing an embargo upon the exportation by water of cereals,
1 4 Am. Arch. , vol. ii, pp. 698. 1180, 1181.
1 Ibid. , vol. iii, pp. 1376-1377.
1 Ibid. , vol. iii, pp. 573-574-
4Ibid. , vol. iii, pp. 1815, 1822-1823.
6 Ibid. , vol. iii, p. 100.
? Ibid. , vol. ii, pp. 922-923.
? ? 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
? 560 THE COLONIAL MERCHANTS: 1763-1776
meats and live cattle, except necessary ship supplies. 1 In
May the Rhode Island Assembly passed a similar act. " The
Massachusetts provincial congress in June resolved that no
fish or other provision should be shipped from the province
unless the committee having jurisdiction should decide that
the victuals were intended for the use of the inhabitants of
some New England province. 8
Even before the fateful day at Lexington, the populace
at New York had become alarmed at the exportation of
nails, spades and other implements to the British troops at
Boston, and at a mass meeting on April 6 they adopted
resolutions demanding that the practice stop. Two mer-
chants, William and Henry Ustick, who were active in this
traffic, were held up as " inveterate foes to American free-
dom," although, as these gentlemen maintained, they had
not violated any part of the Continental Association. 4 In
May the One Hundred forbade the exportation of provis-
ions from New York city, and in August the provincial
congress applied the same principle to shipments from the
entire province. 5 The Virginia convention resolved, on July
24, to withhold the exportation of cereals and other pro-
visions after August 5 and to prevent even the collection of
them in large quantities in towns or near navigable streams.
The merchants and inhabitants of Norfolk and Northamp-
ton entered vigorous protests; and when word arrived, on
August 8, that the Maryland convention would not join in
1 4 Am. Arch. , vol. ii, pp. 410, 562; vol. iii, pp. 269, 1018.
1 Ibid. , vol. ii, p. 1151.
1 Ibid. , vol. ii, p. 1404. For subsequent modifications of this resolution,
vide ibid. , vol. ii, pp. 1435, 1440, 1462; vol. iii, pp. 320, 362, 1440-1441.
4 Ibid. , vol. ii, pp. 242-243, 282-283; A'. Y. Gas. , Apr. 17, 24, 1775.
? 4 Am. Arch. , vol. ii, pp. 636-637; vol. iii, pp. 445-447, 536-537. More
stringent regulations were adopted later in the month. Ibid. , vol. iii,
pp. SS8-559, 560, 561, 565.
? ? 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 56r
similar resolutions, the convention rescinded its action. 1
However, the various county committees endeavored to
keep supplies away from British warships in Virginia
waters. 2 The General Committee at Charleston resolved
on May 26, that no rice or Indian corn should thereafter be
exported from the province; and on June 9 the provincial
congress declared that this embargo should continue for
three months. 8
The conduct of the fishermen of Nantucket furnished a
knotty problem for the radicals to solve and involved again
the use of non-exportation prior to the time set by the Con-
tinental Association. The islanders had no scruples about
profiting by their exemption from the New England Re-
straining Act in respect to the whale fisheries. Further-
more, they were suspected of furnishing the British ships
and troops in Massachusetts with food, and of carrying pro-
visions to Newfoundland and the fishing settlements. In
order to check this traffic, the Second Continental Congress
voted on May 29, 1775, that no provisions or necessities of
life should be exported to Nantucket, except from Massa-
chusetts, and then only in sufficient quantities for domestic
consumption. 4 This proved to be an impracticable arrange-
ment because of the difficulty of providing an adequate
supervision. The Massachusetts provincial congress placed
the regulation of exportation under charge of the provincial
committee of safety; but it soon became evident that, not-
withstanding their precautions, the islanders were prepar-
ing a large quantity of provisions with the intention of
availing themselves of their exclusive privilege to engage in
1 4 Am. Arch. , vol. iii, pp. 102, 103. 122, 369, 372, 373. 376.
1 Ibid. , vol. iii, pp. 218, 655-656.
. 1 Ibid. , vol. ii, pp. 710, 938.
* Journals, vol. ii, pp. 70-71.
? ? 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
? 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.
