The Loyalists of Massachusetts Part 15

John Chandler, Seth Williams, jr., David Phips, James Putnam, Charles Curtis, Richard Saltonstall, Peter Oliver, sen., Samuel Pine, Peter Oliver, jr., Jonathan Stearns, Thomas Foster, Edward Winslow, jr.

Ward Chipman, Pelham Winslow, Nathaniel Chandler, William Chandler, Daniel Oliver, James Putnam, jr.

List of the inhabitants of Boston, who on the evacuation by the British, in March, 1776, removed to Halifax with the army. Taken from a paper in the handwriting of Walter Barrell from the Proceedings of the Ma.s.s. Hist. Soc., Vol. 18, page 266.

Lieutenant-Governor Oliver and servants 6

_Council, &c._

Peter Oliver and niece 2 Harrison Gray and family 5 Timothy Ruggles and sons 3 Foster Hutchinson and family 13 Josiah Edson 1 John Murray and family 7 Richard Lechmere 12 John Erving 9 Nathaniel Ray Thomas and son 2 Abijah Willard and two sons 3 Daniel Leonard and family 9 Nathaniel Hatch 7 George Erving 6

_Custom House._

Henry Hulton 12 Charles Paxton 6 Benjamin Hallowel 7 Samuel Waterhouse, _Secretary_ 7 James Porter, _Comptroller Gen'l_ 1 Walter Barrell, _Inspector Gen'l_ 6 James Murray, _Inspector_ 7 William Woolen, _Inspector_ 2 Edward Winslow, _Collector, Boston_ 1 Charles Dudley, _Collector, Newport_ 2 George Meserve, _Collector, Piscataq_ 1 Robert Hallowel, _Comptroller, Boston_, 6 Arthur Savage, _Surveyor, &c._ 6 Nathaniel Coffin, _Cas.h.i.+er_ 4 Ebenezer Bridgham, _Tide Surveyor_ 8 Nathaniel Taylor, _Dep'y Naval Officer_ 2 Samuel Mather, _Clerk_ 3 Samuel Lloyd, _Clerk_ 6 Christopher Minot, _Land Waiter_ 1 Ward Chipman, _Clerk Sol._ 1 Robert Bethel, _Clerk Col._ 1 Skinner, Cookson, and Evans _Clerks_ 3 James Barrick, _Clerk Insp._ 5 John Ciely, _Tidesman_ 4 John Sam Pet.i.t, _Tidesman_ 6 John Selby, _Clerk_ 2 Edward Mulhall, _Tidesman_ 1 Hammond Green, _Tidesman_ 1 John Lewis, _Tidesman_ 6 Elkanah Cushman, _Tidesman_ 1 Edmund Duyer, _Messenger_ 3 Samuel Chadwel, Tidesman__ 1 Samuel Sparhawk, _Clerk_ 5 ---- Chandler, _Land Waiter_ 1 ---- Patterson, _Land Waiter_ 1 Isaac Messengham, _c.o.xwain_ 1 Owen Richard, _c.o.xwain_ 1

_Refugees._

Ashley, Joseph 1 Andros, Barret 1 Atkinson, John, _Merchant_ 4 Atkins, Gibbs 1 Ayres, Eleanor 3 Allen, Ebenezer 8 Bowes, William, _Merchant_ 4 Brinley, Thomas, _Merchant_ 3 Burton, Mary, _Milliner_ 2 Bowen, John 2 Blair, John, Baker 1 Bowman, Archibald, _Auctioneer_ 1 Broderick, John 3 b.u.t.ter, James 2 Brown, Thomas, _Merchant_ 6 Byles, Rev'd Doctor 5 Barnard. John 1 Black, John 7 Baker, John, Jun'r 1 Badger, Rev'd Moses 1 Beath, Mary 4 Butler, Gilliam 1 Brandon, John 2 Brattle, William 2 Coffin, Williamn 2 Cazneau, Andrew, _Lawyer_ 1 Cednor, William 1 Connor, Mrs. 2 c.u.mmins. A. and E. _Milliners_ 3 Coffin, William, Jun'r, _Merchant_ 4 Cutler, Ebnezer 1 Campbel, William 1 Caner, Rev'd Doctor 1 Cook Robert 1 Chandler, John, Esq'r 1 Chandler, Rufus, _Lawyer_ 2 Chandler, Nathaniel 1 Chandler, William 1 Carver, Melzer 1 Cooley, John 4 Courtney, Thomas 11 Carr, Mrs. 3 Deblois, Gilbert 5 Doyley, John 4 Dunlap, Daniel 1 Danforth, Thomas 1 Dumaresq, Philip, _Merchant_ 8 De Blois, Lewis 3 Duncan, Alexander 1 Doyley, Francis 1 d.i.c.kenson, Nathaniel 1 Draper, Margaret 5 Dougherty, Edward 2 Dechezzan, Adam 7 Duelly, William 3 Emerson, John 1 Etter, Peter 7 Fisher, Wilfree 4 Foster, Thomas 1 Faneuil, Benjamin, _Merchant_ 3 Fitch, Samuel, _Lawyer_ 7 Foster, Edward, _Blacksmith_ 7 Full, Thomas 5 Foster, Edward, Jun'r 5 Forest, James 7 Flucker, Mrs. 6 Gilbert, Thomas 1 Gallop, Antill 1 Gray, Andrew 1 Gray, John 3 Goldsbury, Samuel 3 Gardiner, Doctor Sylvester 8 Gridley, Benjamin 1 Grison, Edmund 2 Gay, Martin 3 Gilbert, Samuel 1 Grozart, John 1 Gray, Mary 1 Green, Francis 8 Greenwood, Samuel 5 Grant, James 1 Griffith, Mrs. 3 Gore, John 3 Griffin, Edmund 4 Hill, William 17 Hallowel, Rebecca 4 Hall, Luke 1 Henderson, James 5 House, Joseph 1 Hughes, Samuel 1 Hooper, Jacob 2 Hicks, John, _Printer_ 1 Hurlston, Richard 1 Holmes, Benjamin Mulberry 11 Hatch, Hawes 1 Hale, Samuel 1 Hester, John 6 Hutchinsen, Mrs. 7 Horn, Henry 7 Hefferson, Jane 1 Heath, William 1 Jones, Mary 6 Jarvis, Robert 1 Inman, John 3 Joy, John 8 Ireland, John 2 Jefferies, Doctor John 6 Johannot, Peter 1 Jones, Mrs. 4 Knutter, Margaret 4 King, Edward and Samuel 7 Lazarus, Samuel 1 Lovel, John, Sen'r 5 Leonard, George 9 Liste, Mrs. 5 Lillie, Theophilus 4 Lutwiche, Edward Goldston 1 Lyde, Byefield 5 Leddel, Henry 4 Laughton, Henry 5 Lloyd, Henry 10 Linkieter, Alexander 4 Lowe, Charles 2 Loring, Joshua, Jun'r 1 Murray, William 3 Moody, John, Jun'r 1 McKown, John 1 McAlpine, William 2 Moody, John 4 McKown, John (of Boston) 5 Macdonald, Dennis 1 Mackay, Mrs. 1 Mitchelson, David 2 McNeil, Archibald 13 Marston, Benjamin 1 Moore, John 1 Miller, John 5 Mulcainy, Patrick 4 MacKinstrey, Mrs. 12 Morrison, John 1 McMaster, Patrick and Daniel 3 McMullen, Alexander 1 Mitchel, Thomas 1 Mills, Nathaniel 2 McClintock, Nathan 1 Nevin, Lazarus and wife 2 O'Neil, Joseph 4 Oliver, William Sanford 1 Oliver, Doctor Peter 1 Powel, John 8 Philips, Martha 3 Phipps, David 11 Pelham, Henry 1 Putnam, James 7 Paine, Samuel 1 Perkins, Nathaniel 1 Patterson, William 3 Philipps, Ebenezer 1 Paddock, Adine 9 Pollard, Benjamin 1 Patten, George 3 Perkins, William Lee 4 Price, Benjamin 2 Page, George 1 Rummer, Richard 3 Rogers, Jeremiah Dummer 2 Rogers, Samuel 1 Richardson, Miss 1 Rose, Peter 1 Read, Charles 1 Ramage, John 1 Roath, Richard 6 Rhodes, Henry 5 Russell, Nathaniel 3 Richards, Mrs. 3 Ruggles, John and Richard 2 Smith, Henry 6 Sullivan, George 1 Serjeant, John 1 Scoit, Joseph 3 Simonds, William 3 Stow, Edward 4 Sterling, Elizabeth 1 Sterling, Benjamin Ferdinand 1 Simpson, John 5 Simpson, Jonathan, Jun'r 2 Semple, Robert 4 Stayner, Abigail 3 Stearns, Jonathan 1 Savage, Abraham 1 Saltonstal, Leveret 1 Service, Robert 5 Snelling, Jonathan 6 Sullivan, Bartholomew 2 Smith, Edward 4 Spooner, Ebenezer 1 Selknig, James 6 Scammel, Thomas 1 Shepard, Joseph 2 Thompson, James 1 Taylor, Mrs. 5 Terry, Zebedee 1 Terry, William 4 Taylor, William 2 Winslow, Isaac 11 Winslow, Pelham 1 Winslow, John 4 Winslow, Mrs. Hannah 4 Winslow, Edward 1 Williams, Seth 1 Willis, David 4 Wittington, William 3 Warden, William 2 Williams, Job 1 Warren, Abraham 1 Willard, Abel 4 Warden, Joseph 3 Willard, Abijah 1 Whiston, Obadiah 3 Wheelwright, Joseph 1 Winnet, John, Jun'r 1 Wright, Daniel 2 Welsh, Peter 1 White, Gideon 1 Wilson, Archibald 1 Welsh, James 1 Worral, Thomas Grooby 5 ---- [927]926

FOR MR. SAMUEL B. BARRELL From his friend and kinsman, THEODORE BARRELL

Saugerties Ulster Co., New York, Aug. 16, 1841

MANDAMUS COUNSELLORS.

_Salem, Aug. 9, 1774._ The following were appointed by his majesty, counsellors of this province by writ of mandamas,[101] viz:--

[101] Those whose names are in italics alone took the oath of office.

Col. Thomas Oliver, Lieut. Governor, President; Peter Oliver, _Thomas Flucker_, _Foster Hutchinson_, Thomas Hutchinson, Jr., _Harrison Gray_, Judge Samuel Danforth, Col. John Erving, Jr., James Russell, Timothy Ruggles, _Joseph Lee_, _Isaac Winslow_, Israel Williams, Col. George Watson, Nathaniel Ray Thomas, Timothy Woodbridge, William Va.s.sall, _William Browne_, Joseph Greene, _James Boutineau_, Andrew Oliver, Col.

Josiah Edson, Richard Lechmere, _Commodore Joshua Loring_, John Worthington, Timothy Paine, _William Pepperell_, Jeremiah Powell, Jonathan Simpson, Col. John Murray, Daniel Leonard, Thomas Palmer, Col.

Isaac Royall, Robert Hooper, Abijah Willard, _Capt. John Erring, Jr._

BANISHMENT ACT OF THE STATE OF Ma.s.sACHUSETTS.

An Act to prevent the return to this state of certain persons therein named, and others who have left this state or either of the United States, and joined the enemies thereof.

Whereas Thomas Hutchinson, Esq., late governor of this state, Francis Bernard, Esq., formerly governor of this state, Thomas Oliver, Esq., late lieutenant governor of this state, Timothy Ruggles, Esq., of Hardwick, in the county of Worcester, William Apthorp, merchant, Gibbs Atkins, cabinet maker, John Atkinson, John Amory, James Anderson, Thomas Apthorp, David Black, William Burton, William Bowes, George Brindley, Robert Blair, Thomas Brindley, James Barrick, merchant, Thomas Brattle, Esq., Sampson Salter Blowers, Esq., James Bruce, Ebenezer Bridgham, Alexander Brymer, Edward Berry, merchants, William Burch, Esq., late commissioner of the customs, Mather Byles, Jun., clerk, William Codner, book-keeper, Edward c.o.x, merchant, Andrew Cazneau, Esq., barrister at law, Henry Canner, clerk, Thomas Courtney, tailor, Richard Clark, Esq., Isaac Clark, physician, Benjamin Church, physician, John Coffin, distiller, John Clark, physician, William Coffin, Esq., Nathaniel Coffin, Esq., Jonathan Clark, merchant, Archibald Cunningham, shop-keeper, Gilbert Deblois, merchant, Lewis Deblois, merchant, Philip Dumaresque, merchant, Benjamin Davis, merchant, John Erving, Jun. Esq., George Erving, Esq., Edward Foster and Edward Foster, Jun., blacksmiths, Benjamin Faneuil, Jun., merchant, Thomas Flucker, Esq., late secretary for Ma.s.sachusetts Bay, Samuel Fitch, Esq., Wilfret Fisher, carter, James Forrest, merchant, Lewis Gray, merchant, Francis Green, merchant, Joseph Green, Esq., Sylvester Gardiner, Esq., Harrison Gray, Esq., late treasurer of Ma.s.sachusetts Bay., Harrison Gray, Jun., clerk to the treasurer, Joseph Goldthwait, Esq., Martin Gay, founder, John Gore, Esq., Benjamin Hallowell, Esq., Robert Hallowell, Esq., Thomas Hutchinson, Jun., Esq., Benjamin Gridley, Esq., Frederick William Geyer, merchant, John Greenlaw, shopkeeper, David Green, merchant, Elisha Hutchinson, Esq., James Hall, mariner, Foster Hutchinson, Esq., Benjamin Mulbury Holmes, distiller, Samuel Hodges, book-keeper, Henry Halson, Esq., Hawes Hatch, wharfinger, John Joy, housewright, Peter Johonnot, distiller, William Jackson, merchant, John Jeffries, physician, Henry Laughton, merchant, James Henderson, trader, John Hinston, yeoman, Christopher Hatch, mariner, Robert Jarvis, mariner, Richard Lechmere, Esq., Edward Lyde, merchant, Henry Lloyd, Esq., George Leonard, miller, Henry Leddle, book-keeper, Archibald McNeil, baker, Christopher Minot, tide-waiter, James Murray, Esq., William McAlpine, bookbinder, Thomas Mitch.e.l.l, mariner, William Martin, Esq., John Knutton, tallow-chandler, Thomas Knight, shop-keeper, Samuel Prince, merchant, Adino Paddock, Esq., Charles Paxon, Esq., Sir William Pepperell, baronet, John Powell, Esq., William Lee Perkins, physician, Nathaniel Perkins, Esq., Samuel Quincy, Esq., Owen Richards, tide-waiter, Samuel Rogers, merchant, Jonathan Simpson, Esq., George Spooner, merchant, Edward Stowe, mariner, Richard Smith, merchant, Jonathan Snelling, Esq., David Silsby, trader, Samuel Sewall, Esq., Abraham Savage, tax-gatherer, Joseph Scott, Esq., Francis Skinner, clerk to the late council, William Simpson, merchant, Richard Sherwin, saddler, Henry Smith, merchant, John Semple, merchant, Robert Semple, merchant, Thomas Selkrig, merchant, James Selkrig, merchant, Robert Service, trader, Simon Tufts, trader, Arodi Thayer, late marshal to the admiralty court, Nathaniel Taylor, deputy naval officer, John Troutbeck, clerk, Gregory Townsend, Esq., William Taylor, merchant, William Va.s.sal, Esq., Joseph Taylor, merchant, Joshua Upham, Esq., William Walter, clerk, Samuel Waterhouse, merchant, Isaac Winslow, merchant, John Winslow. jr., merchant, David Willis, mariner, Obadiah Whiston, blacksmith, Archibald Wilson, trader, John White, mariner, William Warden, peruke-maker, Nathaniel Mills, John Hicks, John Howe, and John Fleming, printers, all of Boston, in the county of Suffolk, Robert Auchmuty, Esq., Joshua Loring, Esq., both of Roxbury, in the same county, Samuel Goldsbury, yeoman, of Wrentham, in the county of Suffolk, Joshua Loring, jr., merchant, Nathanial Hatch, Esq., both of Dorchester, in the same county, William Brown, Esq., Benjamin Pickman, Esq., Samuel Porter, Esq., John Sargeant, trader, all of Salem, in the county of Ess.e.x, Richard Saltonstall, Esq., of Haverhill, in the same county.

Thomas Robie, trader, Benjamin Marston, merchant, both of Marblehead, in said county of Ess.e.x, Moses Badger, clerk, of Haverhill, aforesaid, Jonathan Sewall, Esq., John Va.s.sal, Esq., David Phipps, Esq., John Nutting, carpenter, all of Cambridge, in the county of Middles.e.x, Isaac Royall, Esq., of Medford, in the same county, Henry Barnes, of Marlborough, in said county of Middles.e.x, merchant, Jeremiah Dummer Rogers, of Littleton in the same county, Esq., Daniel Bliss, of Concord, in the said county of Middles.e.x, Esq., Charles Russell, of Lincoln, in the same county, physician, Joseph Adams, of Townsend, in said county of Middles.e.x, Thomas Danforth, of Charlestown, in said county, Esq., Joshua Smith, trader of Townsend, in said county, Joseph Ashley, jr., gentleman, of Sunderland, Nathaniel d.i.c.kenson, gentleman, of Deerfield, Samuel Bliss, shopkeeper, of Greenfield, Roger d.i.c.kenson, yeoman, Joshah Pomroy, physician, and Thomas Cutler, gentleman, of Hatfield, Jonathan Bliss, Esq., of Springfield, William Galway, yeoman, of Conway, Elijah Williams, attorney at law, of Deerfield, James Oliver, gentleman, of Conway, all in the county of Hamps.h.i.+re, Pelham Winslow, Esq., Cornelius White, mariner, Edward Winslow, jr., Esq., all of Plymouth, in the county of Plymouth, Peter Oliver, Esq., Peter Oliver, jr., physician, both of Middleborough, in the same county, Josiah Edson, Esq., of Bridgewater, in the said county of Plymouth, Lieutenant Daniel Dunbar, of Halifax, in the same county, Charles Curtis, of Scituate, in the said county of Plymouth, gentleman, Nathaniel Ray Thomas, Esq., Israel Tilden, Caleb Carver, Seth Bryant, Benjamin Walker, Gideon Walker, Zera Walker, Adam Hall, tertius, Isaac Joice, Joseph Phillips, Daniel White, jr., Cornelius White, tertius, Melzar Carver, Luke Hall, Thomas Decrow, John Baker, jr., all of Marshfield, in the said county of Plymouth, Gideon White, jr., Daniel Leonard, Esq., Seth Williams, jr., gentleman, Solomon Smith, boatman, all of Taunton, in the county of Bristol, Thomas Gilbert, Esq., Perez Gilbert, Ebenezer Hathaway, jr., Lot Strange, the third, Zebedee Terree, Bradford Gilbert, all of Freetown, in the same county, Joshua Broomer, Shadrach Hathaway, Calvin Hathaway, Luther Hathaway, Henry Tisdel, William Burden, Levi Chace, Shadrach Chace, Richard Holland, Ebenezer Phillips, Samuel Gilbert, gentleman, Thomas Gilbert, jr., yeoman, both of Berkley, in the said county of Bristol, Ammi Chace, Caleb Wheaton, Joshua Wilbore, Lemuel Bourn, gentleman, Thomas Perry, yeoman, David Atkins, laborer, Samuel Perry, mariner, Stephen Perry, laborer, John Blackwell, jr., laborer, Francis Finney, laborer, and Nehemiah Webb, mariner, all of Sandwich, in the county of Barnstable, Eldad Tupper, of Dartmouth, in the county of Bristol, laborer, Silas Perry, laborer, Seth Perry, mariner, Elisha Bourn, gentleman, Thomas b.u.mpus, yeoman, Ephraim Ellis, jr., yeoman, Edward Bourn, gentleman, Nicholas Cobb, laborer, William Bourn, cordwainer, all of Sandwich, in the county of Barnstable, and Seth Bangs, of Harwich, in the county of Barnstable, mariner, John Chandler, Esq., James Putnam, Esq., Rufus Chandler, gentleman, William Paine, physician, Adam Walker, blacksmith, William Chandler, gentleman, all of Worcester, in the county of Worcester, John Walker, gentleman, David Bush, yeoman, both of Shrewsbury, in the same county, Abijah Willard, Esq., Abel Willard, Esq., Joseph House, yeoman, all of Lancaster, in the said county of Worcester, Ebenezer Cutler, trader, James Edgar, yeoman, both of Northbury, in the same county, Daniel Oliver, Esq., Richard Ruggles, yeoman, Gardner Chandler, trader, Joseph Ruggles, gentleman, Nathaniel Ruggles, yeoman, all of Hardwick, in the said county of Worcester, John Ruggles, yeoman, of said Hardwick, John Eager, yeoman, Ebenezer Whipple, Israel Conkay, John Murray, Esq., of Rutland, in said county of Worcester, Daniel Murray, gentleman, Samuel Murray, gentleman, Michael Martin, trader, of Brookfield, in the said county of Worcester, Thomas Beaman, gentleman, of Petersham, in the same county, Nathaniel Chandler, gentleman, John Bowen, gentleman, of Princeton, in the said county of Worcester, James Crage, gentleman, of Oakham, in the same county, Thomas Mullins, blacksmith, of Leominster, in the said county of Worcester, Francis Waldo, Esq., Arthur Savage, Esq., Jeremiah Pote, mariner, Thomas Ross, mariner, James Wildridge, mariner, George Lyde, custom house officer, Robert Pagan, merchant, Thomas Wyer, mariner, Thomas Coulson, merchant, John Wiswall, clerk, Joshua Eldridge, mariner, Thomas Oxnard, merchant, Edward Oxnard, merchant, William Tyng, Esq., John Wright, merchant, Samuel Longfellow, mariner, all of Falmouth, in the county of c.u.mberland, Charles Callahan, of Pownalborough, in the county of Lincoln, mariner, Jonas Jones of East Hoosuck, in the county of Berks.h.i.+re, David Ingersoll, of Great Barrington, Esq., in the same county, Jonathan Prindall, Benjamin n.o.ble, Francis n.o.ble, Elisha Jones, of Pittsfield, in the said county of Berks.h.i.+re, John Graves, yeoman, Daniel Brewer, yeoman, both of Pittsfield, aforesaid, Richard Square, of Lanesborough, in the said county of Berks.h.i.+re, Ephraim Jones, of East Hoosuck, in the same county. Lewis Hubbel, and many other persons have left this state, or some other of the United States of America, and joined the enemies thereof and of the United States of America, thereby not only depriving these states of their personal services at a time when they ought to have afforded their utmost aid in defending the said states, against the invasions of a cruel enemy, but manifesting an inimical disposition to the said states, and a design, to aid and abet the enemies thereof in their wicked purposes, and whereas many dangers may accrue to this state and the United States, if such persons should be again admitted to reside in this state:

Sect. 1. Be it therefore enacted by the Council and House of Representatives, in general court a.s.sembled, and by the authority of the same, that if either of the said persons, or any other person, though not specially named in this act, who have left this state, or either of said states, and joined the enemies thereof as aforesaid, shall, after the pa.s.sing this act, voluntarily return to this state, it shall be the duty of the sheriff of the county, and of the selectmen, committees of correspondence, safety, and inspection, grand jurors, constables, and tythingmen, and other inhabitants of the town wherein such person or persons may presume to come, and they are hereby respectively empowered and directed forthwith to apprehend and carry such person or persons before some justice of the peace within the county, who is hereby required to commit him or them to the common gaol within the county, there in close custody to remain until he shall be sent out of the state, as is hereinafter directed; and such justice is hereby directed to give immediate information thereof to the board of war of this state: and the said board of war are hereby empowered and directed to cause such person or persons so committed, to be transported to some part or place within the dominions, or in the possession of the forces of the king of Great Britain, as soon as may be after receiving such information: those who are able, at their own expense, and others at the expense of this state, and for this purpose to hire a vessel or vessels, if need be.

Sect. 2. And be it further enacted by the authority aforesaid, that if any person or persons, who shall be transported as aforesaid, shall voluntarily return into this state, without liberty first had and obtained from the general court, he shall, on conviction thereof before the superior court of judicature, court of a.s.size and general gaol delivery, suffer the pains of death without benefit of clergy.--[_Pa.s.sed September, 1778._]

WORCESTER RESOLUTIONS RELATING TO THE ABSENTEES AND REFUGEES.

The following votes were pa.s.sed by the citizens of Worcester, May 19, 1783, and contain the substance of their doings relative to the refugees:

Voted,----That in the opinion of this town, it would be extremely dangerous to the peace, happiness, liberty and safety of these states to suffer those who, the moment the b.l.o.o.d.y banners were displayed, abandoned their native land, turned parricides, and conspired to involve their country in tumult, ruin and blood, to become subjects of and reside in this government; that it would be not only dangerous, but inconsistent with justice, policy, our past laws, the public faith, and the principles of a free and independent state, to admit them ourselves, or have them forced upon us without our consent.

Voted,----That in the opinion of this town, this commonwealth ought, with the utmost caution, to naturalize or in any other way admit as subjects a common enemy, a set of people who have been by the united voice of the continent, declared outlaws, exiles, aliens and enemies, dangerous to its political being and happiness.

Voted,----That while there are thousands of the innocent, peaceable and defenceless inhabitants of these states, whose property has been destroyed and taken from them in the course of the war, for whom no provision is made, to whom there is no restoration of estates, no compensation for losses; that it would be unreasonable, cruel and unjust, to suffer those who were the wicked occasion of those losses, to obtain a rest.i.tution of the estates they refused to protect, and which they abandoned and forfeited to their country.

Voted,----That it is the expectation of this town, and the earnest request of their committees of correspondence, inspection and safety, that they, with care and diligence, will observe the movements of our only remaining enemies; that until the further order of government, they will, with decision, spirit and firmness, endeavor to enforce and carry into execution the several laws of this commonwealth, respecting these enemies to our rights, and the rights of mankind; give information should they know of any obtruding themselves into any part of this state, suffer none to remain in this town, but cause to be confined immediately, for the purpose of transportation according to law, any that may presume to enter it.

CONFISCATION ACT.

CONSPIRACY ACT.

An Act to confiscate the estates of certain notorious conspirators against the government and liberties of the inhabitants of the late province, now state, of Ma.s.sachusetts Bay.

Whereas the several persons hereinafter mentioned, have wickedly conspired to overthrow and destroy the const.i.tution and government of the late province of Ma.s.sachusetts Bay, as established by the charter agreed upon by and between their late majesties William and Mary, late King and Queen of England, etc., and the inhabitants of said province, now state, of Ma.s.sachusetts Bay; and also to reduce the said inhabitants under the absolute power and domination of the present king, and of the parliament of Great Britain, and, as far as in them lay, have aided and a.s.sisted the same king and parliament in their endeavors to establish a despotic government over the said inhabitants:

Sect. 1. Be it enacted by the Council and House of Representatives, in General Court a.s.sembled, and by the authority of the same, that Francis Bernard, baronet, Thomas Hutchinson, Esq., late governor of the late province, now state, of Ma.s.sachusetts Bay, Thomas Oliver, Esq., late lieutenant governor, Harrison Grey, Esq., late treasurer, Thomas Flucker, Esq., late secretary, Peter Oliver, Esq., late chief justice, Foster Hutchinson, John Erving, jr., George Erving, William Pepperell, baronet, James Boutineau, Joshua Loring, Nathaniel Hatch, William Browne, Richard Lechmere, Josiah Edson, Nathaniel Rae Thomas, Timothy Ruggles, John Murray, Abijah Willard, and Daniel Leonard, Esqs., late mandamus counsellors of said late province, William Burch, Henry Hulton, Charles Paxon, and Benjamin Hallowell, Esqs., late commissioners of the customs, Robert Auchmuty, Esq., late judge of the vice-admiralty court, Jonathan Sewall, Esq., late attorney general, Samuel Quincy, Esq., late solicitor general, Samuel Fitch, Esq., solicitor or counsellor at law to the board of commissioners, have justly incurred the forfeiture of all their property, rights and liberties, holden under and derived from the government and laws of this state; and that each and every of the persons aforenamed and described, shall be held, taken, deemed and adjudged to have renounced and lost all civil and political relation to this and the other United States of America, and be considered as aliens.

Sect. 2. Be it enacted by the authority aforesaid, that all the goods and chattels, rights and credits, lands, tenements, and hereditaments of every kind, of which any of the persons herein before named and described, were seized or possessed, or were ent.i.tled to possess, hold, enjoy, or demand, in their own right, or which any other person stood or doth stand seized or possessed of, or are or were ent.i.tled to have or demand to and for their use, benefit and behoof, shall escheat, enure and accrue to the sole use and benefit of the government and people of this state, and are accordingly hereby declared so to escheat, enure and accrue, and the said government and people shall be taken, deemed and adjudged, and are accordingly hereby declared to be in the real and actual possession of all such goods, chattels, rights and credits, lands, tenements and hereditaments, without further inquiry, adjudication or determination hereafter to be had: any thing in the act, ent.i.tled, "An act for confiscating the effects of certain persons commonly called absentees," or any other law, usage, or custom to the contrary notwithstanding; provided always, that the escheat shall not be construed to extend to or operate upon, any goods, chattels, rights, credits, lands, tenements or hereditaments, of which the persons afore named and described, or some other, in their right and to their use, have not been seized or possessed, or ent.i.tled to be seized or possessed, or to have or demand as aforesaid, since the nineteenth day of April, in the year of our Lord one thousand seven hundred and seventy-five.--[_Pa.s.sed April 30, 1779. Not revised._]

STATE OF Ma.s.sACHUSETTS.

An Act for confiscating the estates of certain persons commonly called absentees.

Whereas every government hath a right to command the personal service of all its members, whenever the exigencies of the state shall require it, especially in times of an impending or actual invasion, no member thereof can then withdraw himself from the jurisdiction of the government, and thereby deprive it of the benefit of his personal services, without justly incurring the forfeiture of all his property, rights and liberties, holden under and derived from that const.i.tution of government, to the support of which he hath refused to afford his aid and a.s.sistance: and whereas the king of Great Britain did cause the parliament thereof to pa.s.s divers acts in direct violation of the fundamental rights of the people of this and of the other United States of America; particularly one certain act to vacate and annul the charter of this government, the great compact made and agreed upon between his royal predecessors and our ancestors; and one other act, declaring the people of said states to be out of his protection; and did also levy war against them, for the purpose of erecting and establis.h.i.+ng an arbitrary and despotic government over them; whereupon it became the indispensable duty of all the people of said states forthwith to unite in defence of their common freedom, and by arms to oppose the fleets and armies of the said king; yet nevertheless, divers of the members of this and of the other United States of America, evilly disposed, or regardless of their duty towards their country, did withdraw themselves from this, and other of the said United States, into parts and places under the acknowledged authority and dominion of the said king of Great Britain, or into parts and places within the limits of the said states, but in the actual possession and under the power of the fleets or armies of the said king; thereby abandoning the liberties of their country, seeking the protection of the said king, and of his fleets or armies, and aiding or giving encouragement and countenance to their operations against the United States aforesaid:

Sect. 1. Be it enacted by the Council and House of Representatives, in General Court a.s.sembled, and by the authority of the same, that every inhabitant and member of the late province, now state, of Ma.s.sachusetts Bay, or of any other of the late provinces or colonies, now United States of America, who, since the nineteenth day of April, Anno Domini one thousand seven hundred and seventy-five, hath levied war or conspired to levy war against the government and people of any of the said provinces or colonies, or United States; or who hath adhered to the said king of Great Britain, his fleets or armies, enemies of the said provinces or colonies or United States, or hath given to them aid or comfort; or who, since the said nineteenth day of April, Anno Domini one thousand seven hundred and seventy-five, hath withdrawn, without the permission of the legislative or executive authority of this or some other of the said United States, from any of the said provinces or colonies, or United States, into parts and places under the acknowledged authority and dominion of the said king-of Great Britain, or into any parts or places within the limits of any of the said provinces, colonies, or United States, being in the actual possession and under the power of the fleets or armies of the said king; or who, before the said nineteenth day of April, Anno Domini one thousand seven hundred and seventy-five, and after the arrival of Thomas Gage, Esq., (late commander-in-chief of all his Britannic Majesty's forces in North America,) at Boston, the metropolis of this state, did withdraw from their usual places of habitation within this state, into the said town of Boston, with an intention to seek and obtain the protection of the said Thomas Gage and of the said forces, then and there being under his command: and who hath died in any of the said parts or places, or hath not returned into some one of the said United States, and been received as a subject thereof, and (if required) taken an oath of allegiance to such states, shall beheld, taken, deemed and adjudged to have freely renounced all civil and political relation to each and every of the said United States, and be considered as an alien.

Sect. 2. And be it further enacted by the authority aforesaid, that all the goods and chattels, rights and credits, lands, tenements, hereditaments of every kind, of which any of the persons herein before described were seized or possessed, or were ent.i.tled to possess, hold, enjoy or demand, in their own right, or which any other person stood or doth stand seized or possessed of, or are or were ent.i.tled to have or demand to and for their use, benefit and behoof, shall escheat, enure and accrue to the sole use and benefit of the government and people of this state, and are accordingly hereby declared so to escheat, enure and accrue.--[_Pa.s.sed April 30, 1779. Not revised._]

BIOGRAPHIES

OF THE

LOYALISTS _of_ Ma.s.sACHUSETTS

THOMAS HUTCHINSON.

GOVERNOR OF Ma.s.sACHUSETTS 1771-4.