No More Learning

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? 41o THE COLONIAL MERCHANTS: 1763-1776
classify themselves as lawyers although frequently their in-
comes were derived in large part, if not chiefly, from agri-
cultural holdings. 1 The ultimate conscious object of the
boycotters in Congress was not merely the repeal of the
punitive acts of 1774 but the goal that had formerly been
so dear to the merchant class--a return to the conditions
of the years before 1763. Within the ranks of this group
there was a clear understanding of the economic interests
endangered by a suspension of trade and a willingness, on
the part of many of them, to shift the anticipated losses on
their brethren in the other provinces.
(The chief danger to the adoption of a plan of continental
non-intercourse came from a determine4_and plausible
group of moderates, led by Joseph Galloway! who insisted
that the only permanent relief was to be found in an en-
lightened definition of imperial relations and colonial liber-
ties in the form of a plan of union. This group saw in
commercial coercion only a 'source of irritation to Great
Britain, and wagered their faith on memorializing and
petitioning. Galloway averred, somewhat unjustly, that
the men who favored his plan of union " were men of loyal
principles, and possessed of the greatest fortunes in Amer-
ica; the other were congregational and presbyterian repub-
licans, or men of bankrupt fortunes, overwhelmed in debt
to the British merchants. " 2
The first three weeks of the meeting of the Continental
Congress might furnish an object-lesson for the skilled par-
liamentarian of any age. 8 "We [Massachusetts delegates]
1 E. g. , Sullivan of N. H. , Dickinson of Pa. , Henry of Va. and the
Rutledges of S. C.
* Historical and Political Reflections on the Rise and Progress of the
American Rebellion (London, 1780), pp. 66-67.
1The sources of information for the proceedings of the First Conti-
nental Congress are meager, however. They are contained in: Journals
of the Continental Congress (L. C. Edition), vol. i; John Adams's notes,
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? THE CONTINENTAL ASSOCIATION
411
have had numberless prejudices to remove here," wrote
John Adams on September 27. "We have been obliged to
act with great delicacy and caution. We have been obliged
to keep ourselves out of sight, and to feel pulses and sound
the depths; to insinuate our sentiments, designs, and de-
sires, by means of other persons; sometimes of one Prov-
ince, and sometimes of another. " * Sam Adams found
himself in his element. "He eats little, drinks little, sleeps
little, thinks much and is most decisive and indefatigable in
the pursuit of his objects," declared the organizing spirit of
the opposite party. 2
The first test of strength between the groups came on the
very first day of meeting, Monday, September 5, when
Congress refused the invitation, tendered by Galloway, to
meet in the State House and, in face of negative votes from
Pennsylvania and New York, resolved to hold their sessions
in Carpenters' Hall, a decision naturally " highly agreeable
to the mechanics and citizens in general. " * Congress then
proceeded to the unanimous election of Charles Thomson
as secretary, much to the surprise of Galloway who deemed
him " one of the most violent Sons of Liberty (so called)
in America," and contrary to the expressed desires of Jay
and Duane. 4 Both measures, according to Galloway, had
Works (Adams), vol. ii, pp. 365-402; Samuel Ward's diary, in Mag.
Am. Hist. , vol. i, 438-442, 503-506, 549-561; certain pamphlets of Joseph
Galloway; the correspondence of the members; and a few contempor-
ary pamphlets and newspaper articles. On the whole, the pledge of
secrecy was excellently observed.
1 Works (Adams), vol. ii, p. 382 n. Vide also ibid. , vol. ii, p. 391 n. ;
vol. ix, pp. 342-346.
1. Galloway, Reflections, pp. 66-67.
? Conn. Hist. Soc. Colls. , vol. ii, p. 172; Adams, J. , Works (Adams),
vol. ii, p. 365.
* 1 N. J. Arch. , vol. x, pp. 477-478; Adams, Works (Adams), vol. ii,
p. 365. Adams dubbed Thomson "the Sam Adams of Philadelphia. "
Ibid. , p. 358.
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? 412
THE COLONIAL MERCHANTS: 1763-1776
been " privately settled by an Interest made out of Doors. "
Peyton Randolph, of Virginia, late Speaker of the House
of Burgesses, was chosen president without opposition.
For the next few weeks the proceedings assumed an ap-
pearance of "flattering tranquillity," as Galloway put it.
The radicals were biding their time; * and meanwhile the
members established a rule of secrecy (except upon occa-
sion when Congress should direct otherwise), and agreed
that the delegates of each province should cast one vote
collectively. Both regulations later served the purposes of
the radicals by giving to the proceedings a false appearance
of unanimity. v? ne umt ru^e made it possible to publish
resolutions as having passed unanimously, even when large
minorities in various delegations, amounting sometimes to
one-third of the total membership of Congress, were in
the negativej
The first committee appointed by the Continental Congress
was one to state the rights and grievances of the colonies
and propose the best means of obtaining redress; and on
the same day another committee was named "to examine
and report the several Statutes which affect the Trade and
Manufactures of the Colonies. " The second committee
submitted its report ten days later, when it was thought
proper that the report should be referred to the former
committee for further consideration and action. 8 But be-
fore the committee on rights and redress had submitted its
report, Congress had already taken the definite steps which
established the policy of trade coercion.
The r^d'fals threw off their mask on September 17, when
they carried thfo. "gh a v>te endorsing a set of resolutions
1Galloway, Reflections, pp. 66-67; Cooper, What Think Ye of Con-
gress Nowf (New York, 1775). p. 13-
1Galloway, Examination (London, 1780), p. 61.
1 Journals Cont. Cong. (L. C. Edition), vol. i, pp. 25-29, 40-41, 63-73.
All later references to the Journals are to this edition.
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? THE CONTINENTAL ASSOCIATION
413
adopted by a convention of Suffolk County in Massachu-
setts. This step was, according to Galloway, a " complete
declaration of war" on the part of the "republicans. " *
The "Suffolk_Resolves" rejected the recent legislation
aga1nst Massachusetts as unconstitutional and void, and
called for a civil government to be organized by the people
and for the establishment of a militia for defensive pur-
poses. Furthermore, the fourteenth resolve declared that,
as a measure for obtaining redress, the people of Suffolk
County (and the same action was recommended to the
other counties) would "withhold all commercial inter-
course with Great Britain, Ireland and the West Indies"
and enter into a non-consumption of British and East India
wares, subject to such alterations as Congress might make. 2
By endorsing these resolutions, Congress, among other
things, committed itself to the principle of an extensive plan
of commercial opposition.
As a matter of practical strategy, however, it was deemed
safer to induce the members to agree to several separate
propositions regarding trade suspension before uniting the
parts into a single comprehensive whole. First was brought
up the proposal of a non-importation with Great Britain
and Ireland, the mildest kind of commercial warfare and
therefore the most widely acceptable of any. On Thursday,
September 22, Congress paved the way for its own action
by ordering the publication throughout the continent of an
official request that the merchants should send no more
orders to Great Britain and should suspend the execution
of orders already given, until the further sense of Con
gress should be signified. 8
1 Galloway, Reflections, pp. 66-67.
1Journals, vol. i, pp. 31-39.
1 Ibid. , vol. i, p. 41. Among other newspapers, this resolution appeared
in the Pa. Packet, Sept. 26, 1774; Md. Gas. , Sept. 29; Rind's (Pinkney)
Va. Gas. , Sept. 29; S. C. Gas. , Oct. 10; Mass. Spy, Oct. 13.
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? THE COLONIAL MERCHANTS: 1763-1776
Parts of three days were given over by Congress to a
consideration of the exact form of the non-importation. 1
The original motion for a non-importation with the British
Isles was made by Richard Henry Lee. Chase of Mary-
land, an impetuous radical during these years of his life,
spoke in opposition to non-importation as an insufficient
measure, and proposed instead the cessation of exportation
and the withholding of remittances. But Chase's plan ap-
parently had a single supporter, Lynch of South Carolina.
The chief question at issue was as to the time at which
Lee's motion would become operative. Cushing, a mer-
chant from the blockaded port of Boston, favored an im-
mediate non-importation and non-consumption. Most
speakers thought otherwise. Mifflin of Pennsylvania be-
lieved that the first of November would be sufficiently late
to allow for the arrival of orders already sent to Great
Britain in April and May, and he held that orders given
after that date had been dishonestly given to defeat the
anticipated non-importation. Gadsden of South Carolina
likewise argued for the first of November. It would ap-
pear that there were a number who strenuously favored a
much longer postponement; and Patrick Henry therefore
moved, by way of compromise, that December be inserted
instead of November, remarking: "We don't mean to hurt
even our rascals, if we have any. " The non-importation
resolution, as adopted by Congress on September 27, thus
fixed December I as the date after which no goods should
be imported, directly or indirectly, from Great Britain and
Ireland; and as a warning to stubborn importers, it was
resolved that goods imported contrary to this resolution
should not be purchased or used.
On the next day, Galloway formally presented tr> fon-
'Sept. 24, 26, 27; Journals, vol. i, pp. 42-43. Notes on the discussion
are in Adams, J. , Works, vol. ii, pp. 382-386.
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? THE CONTINENTAL ASSOCIATION 4I5
? s the plan of union, which, cnnstitnted, thp platform of
;. and he solemnly warned the body against
oy on i11>>go1 mm'WIT which would bring
British warships and troops down upon American ports.
Galloway's extremely reasonable proposal received warm
support--from Jay and Duane of New York, from Ed-
ward Rutledge of South Carolina, and in general from the
members of fortune and property. 1f^n spite of all the
efforts of the radicals, the plan was entered in the minutes
by a vote of six provinces to five; but, notwithstanding
this temporary success, the moderates were never thereafter
able to secure consideration for the plan. The zeal of the
radicals in later expunging from the record all traces of
this proceeding throws an interesting sidelight on their
methodsj
The time of Congress was now devoted, for a consider-
able part of three days, to debates over the adoption of a
non-exportation resolution.
2 No good account remains of
the protracted discussion at this stage; but the nature of
the remarks and the attitude of leading members may be
reconstructed from John Adams's notes on an earlier occa-
sion and from some scattered comments to be found else-
where. 8 Cushing adopted as his slogan: "a non-importa-
tion, non-exportation, and non-consumption, and imme-
diately," and was joined in this by Dyer of Connecticut.
Lynch and the Rutledges of South Carolina favored Cush-
1 Journals, vol. i, pp. 43-51; Adams, J. , Works, vol. ii, pp. 387-391;
1 N. J. Arch. , vol. x, pp. 503-507; Galloway, Reflections, pp. 72, 81; his
Examination, pp. 48, 52 n. ; his A Reply to an Address to the Author of
a Pamphlet, entitled "A Candid Examination . . . " (London, 1780),
p. 109-
1 Sept. 28, 29, 30; Journals, vol. i, pp. 51-52.
1 Works, vol. ii, pp. 382-386, 391 n. , 394, 476-478; Drayton, Memoirs,
vol. i, p. 168.
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? 416 THE COLONIAL MERCHANTS: 1763. 1776
ing's proposal if the suspension of trade were made abso-
lute with the whole world, not merely with British terri-
tory. John Adams asked Congress to accept the logical
implication of endorsing the "Suffolk Resolves," and to
resolve that, should further hostilities be pursued against
Massachusetts, or any persons seized under the revived
statute of Henry VIII, the several provinces " ought imme-
diately to cease all exportation of goods, wares and mer-
chandise to Great Britain, Ireland, and the West Indies. "
Chase, who had sniffed at a non-importation, argued for
an immediate non-exportation and a withholding of debts,
which, he believed, would represent a total loss to British
merchants and manufacturers of ? 7,000,000 for the year.
He also urged an immediate non-exportation of lumber to
the West Indies, for the lumber-vessels exchanged their
cargoes for sugar and carried the latter to England, to the
great gain of the merchants there and of the British reve-
nue. In this latter position he was supported by Mifflin of
Pennsylvania and Sullivan of New Hampshire; but Isaac
Low of New York warned against a total prohibition of all
exports to the West Indies, as a measure which would
"annihilate the fishery" by wiping out the West Indian
market. Dyer proposed the withholding of flaxseed from
Ireland.
These and other suggestions were made by various dele-
gates; but it quickly became clear that, although opinion
was rapidly converging upon a plan of non-exportation, the
Virginia tobacco planters, and the South Carolina delegates
representing powerful rice and indigo interests, were de-
termined to protect the industries of their respective prov-
inces, in case such a plan were adopted. For a time, atten-
tion was centered upon the question of suspending tobacco
exportation. The Maryland delegates had instructions not
to enter into any arrangement for the non-exportation of
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? THE CONTINENTAL ASSOCIATION
tobacco without the concurrence of Virginia and North
Carolina; and the Virginia delegates were explicitly in-
structed not to consent to a non-exportation before August
10, 1775, in order to allow time for the marketing of the
growing crop. This situation caused the exasperated Chase
to declare: "A non-exportation at a future day cannot
avail us. What is the situation of Boston and the Massa-
chusetts? A non-exportation at the Virginia day will not
operate before the fall of 1776. " It was urged by Gadsden
and others that the other provinces should, in this measure,
act independently of Virginia; but for taking this step the
Marylanders pleaded their lack of power and claimed that,
even were a different course possible, it would be undesir-
able, for Maryland and North Carolina tobacco would be
carried to Virginia ports and. the latter would run away
with their trade. Fortunately for the Virginians, other
provinces were also willing to postpone the operation of the
non-exportation; and the date agreed upon in the resolu-
tion eventually adopted was September 10, 1775, one month
later than the Virginia instructions required.
The South Carolina delegates, from the narrow nature
of their demands, were not equally successful in enlisting
the support of other provinces in their cause. What they
desired (Gadsden excepted) was nothing less than that rice
and indigo, the staples of the province, should be exempted
from the operation of the non-exportation to Great Britain. 1
They held that, out of due regard to the interests of their
constituents, it was necessary either that the non-exporta-
tion should be made operative against the whole world, or
that, in case exportation were suspended with Great Britain
alone, rice and indigo should be made exceptions to the
regulation, being products which could (except under cer-
1 Drayton, Memoirs, vol. i, pp. 169-170; Izard, Correspondence, voL i,
pp. 21-25; statement of S. C. delegates, N. Y. Journ. , Dec. 8, 1774.
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? 4I8 THE COLONIAL MERCHANTS: 1763-1776
tain limited circumstances) be exported to Great Britain
only, whereas the markets of the world were open to the
wheat, flour, fish and oil of the commercial provinces. 1
The South Carolina delegates were able to show that but
a small part of the export trade of the commercial provinces
was with Great Britain, while on the contrary nearly all of
the indigo and two thirds of the rice of South Carolina
went to the ports of Great Britain. Edward Rutledge felt
justified in remarking that: "People who are affected but
in speculation [>>". e. in theory] and submit to all the hard-
ships attending it will not shut up their ports, while their
neighbors, who are objects of ministerial vengeance, enjoy,
in a great degree, the benefits of commerce. " Furthermore,
they maintained that the commercial provinces would be
enabled to pay off their British debts by the returns of their
foreign trade and thus greatly ameliorate the rigor of the
trade suspension. In explaining the position of the South
Carolina delegation before the South Carolina convention a
few months later, John Rutledge declared that: "Upon the
whole, . . . the affair seemed rather like a commercial
scheme among the flour Colonies to find a better vent for
their Flour through the British Channel, by preventing, if
possible, any Rice from being sent to those markets; and
that, for his part, he could never consent to our becoming
the dupes to the people of the North or in the least to yield
to their unreasonable expectations. "
Much bitter feeling was generated in the Congress. Ed-
ward Rutledge declared: "A gentleman from the other end
of the room talked of generosity. True equality is the
1 It will be recalled that only enumerated commodities of the colonies
were required to be exported to Great Britain and that many American
products were not on the enumerated list. iRice and indigo were enu-
merated, but under temporary acts a way was opened by which rice
could be exported to Southern Europe and to regions in America
south of Georgia.
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? THE CONTINENTAL ASSOCIATION
419
only public generosity. " But it quickly became apparent
that tfrlYfl9* majority w^rp opposed to aHf>p<|Jn. g frh,e drastic
excfflif"* nf MnltJT? out American export_relations with
the entire world ^ and that they were equally disinclined to
cater to the self-interest of fhe^1ce_ and indigo planters of
. South Carolina. Richard Henry Lee pleaded earnestly
that: "All considerations of interest, and of equality of
sacrifice, should be laid aside. " In face of the vehement
protests of the South Carolinians, the resolution for non-
, According to its
terms, all exportation to the British Isles and the West In-
dies should cease on September 20, 1775, unless American
grievances were redressed before that time. The South
Carolina delegates had thus lost their first battle. But they
did not accept defeat, and they laid plans to make a final
stand before Congress adjourned.
The principal features of the plan of commercial resist-
ance had now been adopted by Congress. The work of
drawing up a complete plan " for carrying into effect the
non-importation, non-consumption and non-exportation"
was now confided to a special committee, consisting of
Cushing of Massachusetts, Low of New York, Mifflin of
Pennsylvania, Lee of Virginia, and Johnson of Maryland. 1
It is worth noting that the committee on rights and redress,
composed of two members from each province, was ignored
in this connection, although it still had its report under con-
sideration; and that, of the committee of five, all but Low
had the reputation of favoring radical measures. Low had
been included probably because, as a conservative merchant
of great wealth, his name would lend prestige to the work
of the comm1ttee.
Meantime, Congress did not give the special committee
'Sept. 30; Journals, vol. i, p. 53.
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? 420 THE COLONIAL MERCHANTS: 1763-1776
an absolutely free hand, for portions of three days were
occupied in formulating an additional resolution for their
guidance. 1 This discussion was very largely confined to the
advisability of extending the non-importation regulation to
apply to commodities upon which an import duty had been
imposed by the revenue acts of 1764 and 1766. The South-
ern members wished to phrase the resolution so as to avoid
the confusion arising from the importation of smuggled
articles of the same kind as the dutied articles. "How is
the purchaser to know whether the molasses, sugar, or
coffee has paid the duty or not? " asked Pendleton of Vir-
ginia. "It can't be known. " "Many gentlemen in this
room know how to bring in goods, sugars and others, with-
out paying duties," declared Lynch significantly. Chase
urged the same practical objection as Pendleton, and ob-
jected further because of the principle involved. "Our
enemies will think," he said, " that we mean to strike at the
right of Parliament to lay duties for the regulation of
trade. " This caused Lynch to reply: " In my idea, Parlia-
ment has no power to regulate trade. But these duties are
all for revenue, not for regulation of trade. " Low felt
himself called upon to defend the merchant class, of which
he was so respectable a member. "Gentlemen have been
transported, by their zeal, into reflections upon an order of
men, who deserve it least of any men in the community. "
He argued against the exclusion of West India rum, sugar
and molasses from the provinces as a measure ruinous to
American business; and he proposed that, as the importa-
tion of East India Company tea had been suspended by the
resolution of September 27, smuggled Dutch tea should
likewise be placed under the ban. 2
1 Oct. 1, 5, 6; Journals, vol. i, pp. 53, 5511. , 57. Notes on the discussion
are in Adams, J. , Works, vol. ii, pp. 393-394-
1 Low gained his point later in Art . i of the completed Association.
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? THE CONTINENTAL ASSOCIATION
421
The outcome of the discussion was a resolution of Octo-
ber 6, which declared against the importation of the most
important dutied articles after December 1 next, i. e. mo-
lasses, coffee and pimento from the British plantations, or
from Dominica, formerly a French possession; wines from
Madeira and the Western Islands; and foreign indigo.
The special committee of five were instructed to include this
new regulation in their report. Pendleton might well ex-
claim: "Shan't we by this hang out to all the world our
intentions to smuggle? " As finally phrased in the com-
pleted Association, the importation of syrups and paneles
(>>'. e. , brown unpurified sugar) was also forbidden from the
British plantations and Dominica.
On Wednesday, October 12, the committee of five re-
ported the results of their deliberations in the form of an
"Association," which was ordered to lie on the table for
the perusal of the delegates. Time was spent on the subject
on the following Saturday, and again on Monday; finally,
on Tuesday, October 18, the form of association was
adopted after sundry amendments, and was ordered to be
transcribed that it might be signed by the members. 1 The
vote of passage was not recorded as unanimous, and this
makes it extremely probable that the South Carolina dele-
gation delivered their ultimatum at this juncture. 2 Lynch,
Middleton and the Rutledges, speaking for their province,
demanded the exclusion of rice and indigo from the non-
exportation regulation as the price of their signatures.
Their proposition met with an angry dissent. Forty-eight
1Oct. 12, 15, 17, 18; Journals, vol. i, pp. 62, 74, 75. No record of
the debates remains.
1For this episode, vide Drayton, Memoirs, vol. i, pp. 169-170; N. Y.
Journ. , Dec. 8, 1774; Izard, Correspondence, vol. i, pp. 21-25; Cooper,
What Think Ye of Congress Now? , p. 40; Stevens, Facsimiles, vol.
xxiv, no. 2034-
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? 422 THE COLONIAL MERCHANTS: 1763. 1776
hours were allowed to pass, during which all parties had an
opportunity to digest the situation.