Braintree High School - Wampatuck Yearbook (Braintree, MA)

Page 24 text:

IT WAS THAT LOVE OF FREEDOM THAT PROMPTED THE COLONISTS TO RESIST FORCES THAT WOULD DESTROY IT. AMERICAN INDEPENDENCE BEGAN i ON SEPTEMBER 24. 1765. ON THIS SITE, THE M:ET . . THE MIDDLE PRECINCT. I N S PE C I A L T 0 W N MEF’:n OF BRAINTREE ADOPTED INSTRUCTION: T TM, TO THE GREAT AND GENERAL COURT STA M P A : . THIS DRAFT OF I N S T « U C T 0 . v-. ■- I L L : S T R ! 0 U S C T I Z E . J 0 H ' ■ - L : v WThOUT CHANCE. B- F0P ' » - T u ,S V»E FcPrHE- PECOVVCNC Th?’ M ' — ND V NO ; AT:0 N u F C U R C r ’ ' r - ' 1 1 ' TH rvr LiC F E C L t ' . u ' T H A ' ' 1 PRES ‘ N I All FUT ■ L - N A , U b T ' L . r i A C h T iV. 1 rt s - ■ ' ' ■ ■ C « 3 L ;■ L -V E ' PRE E N T E . J ’ THE A MER ' AN ... . ' ■GR A S n T w ' t w ' 1 FROM THE RECORDS OF THE BRAINTREE TOWN CLERK TO EBENEZER THAYER ESQ. STAMP DUTY IMPLEASED. SIR IN ALL THE CALA- MITIES THAT HAVE EVER BEFALLEN THIS COUNTRY, WE HAVE NEVER FELT SO GREAT A CONCERN NOR SO MANY ALLARMING APPREHENSIONS AS AT THIS TIME. SUCH IS OUR LOYALTY TO THE KING, SUCH OUR VENER- ATION FOR BOTH HOUSES OF PARLIAMENT, AND SUCH OUR FRIENDSHIP TO ALL OUR FELLOW SUBJECTS IN BRITAIN THAT MEASURES WHICH SEEM TO DISCOVER ANY UNKINDNESS TOWARDS US IN THAT COUNTRY ARE THE MORE SENSIBLY INTIMATELY FELT. AND WE CAN NO LONGER FORBEAR COMPLAINING THAT MANY OF THE MEASURES OF THE LATE MINISTRY AND SOME OF THE LATE ACTS OF PARLIAMENT HAVE A TENDENCY IN OUR APPREHENSION TO DIVEST US OF SOME OF OUR MOST ESSENTIAL RIGHTS AND LIBERTIES. WE SHALL CONFINE OURSELVES HOWEVER CHIEFLY TO THE ACT OF PARLIAMENT COMMONLY CALLED THE STAMP ACT, BY WHICH A VERY BURTHENSOME AND IN OUR OPINION UNCONSTITUTIONAL TAX IS TO BE LAID UPON US ALL, AND WE ARE SUBJECTED, TO NUMEROUS ENORMOUS PENALTIES WHICH ARE TO BE PROSECUTED, SUED FOR RECOVERED AT THE OPTION OF AN INFORMER AT A COURT OF ADMIRALTY WITHOUT A JURY. WE HAVE CALLED THIS A BURTHENSOME TAX BECAUSE THE DUTIES ARE SO NUMEROUS SO HIGH THE EMBAR- RASSMENTS TO BUSINESS IN THIS INFANT, SPARCELY SETTLED COUNTRY SO GREAT THAT IT WOULD BE TO- TALLY IMPOSSIBLE FOR THE PEOPLE TO SUBSIST UNDER IT EVEN IF WE HAD NO CONTROVERSY AT ALL ABOUT THE RIGHT AUTHORITY OF IMPOSING IT CONSIDERING THE PRESENT SCARITY OF MONEY. WE HAVE REASON TO THINK THE EXECUTION OF THAT ACT FOR A SHORT SPACE OF TIME WOULD DREIGN THE COUNTRY OF CASH STRIP MULTITUDES OF THE POORER PEOPLE OF ALL THEIR PROPERTY AND REDUCE THEM TO ABSOLUTE BEGGARY. AND WHAT THE CONSQUENCE WOULD BE OF SO SUDDEN A SHOCK AND SUCH A CONVULSIVE CHANGE IN THE WHOLE COURSE OF OUR BUSINESS SUBSIS— TANCE TO THE PEACE OF THE PROVINCE, WE TREMBLE TO CONSIDER. WE FURTHER APPREHEND THIS TAX TO BE UNCON- STITUTIONAL. BY THE GREAT CHARTER NO AMERICA- MENT SHALL BE ASSESSED BUT BY THE OATH OF HON- EST LAWFUL MEN OF THE VICINAGE. AND BY THE SAME CHARTER NO FREEMAN SHALL BE TAKEN OR IMPRISONED OR BE PASSED UPON NOR CONDEMNED BUT BY LAWFUL JUDGEMENT OF HIS PEERS OR BY THE LAW OF THE LAND. AND WE HAVE ALWAYS UNDER- STOOD IT TO BE A GRAND FUNDAMENTAL PRINCIPAL OF THE BRITISH CONSTITUTION THAT NO FREEMAN SHOULD BE SUBJECTED TO ANY TAX TO WHICH HE HAS NOT GIVEN HIS OWN CONSENT IN PERSON OR BY PROXY. AND THE MAXIMS OF THE LAW AS WE HAVE CONSTANTLY REC D THEM ARE TO THE SAME EFFECT. THAT NO FREEMAN CAN BE SEPARATED FROM HIS PROPERTY BUT BY HIS OWN ACT OR FAULT. WE TAKE IT CLEARLY THEREFORE TO BE INCONSISTENT WITH THE SPIRIT OF THE COMMON LAW OF THE ESSENTIAL FUNDAMENTAL PRINCIPLES OF THE BRITISH CONSTI- TUTION THAT WE SHOULD BE SUBJECTED TO ANY TAX IMPOSED BY THE BRITISH PARLIAMENT BECAUSE WE ARE NOT REPRESENTED IN THAT ASSEMBLY IN ANY SENSE UNLESS IT BE BY A FICTION OF LAW AS IN- SENSIBLE IN THEORY AS IT WOULD BE INJURIOUS IN FACT IF SO HEAVY A TAXATION SHOULD BE GROUNDED ON IT. BUT THE MOST GREVIOUS OF ALL IS THE ALLARM- ING EXTENSION OF THE POWERS OF COURT OF AD- MIRALTY. IN THE COURTS ONE JUDGE PRESIDES ALONE, NO JURIES HAVE ANY CONCERN THERE, THE LAW AND THE FACT ARE TO BE DECIDED BY THE SAME SINGLE JUDGE, WHOSE COMMISSION IS ONLY DURING PLEA- SURE AND WITH WHOM AS WE ARE TOLD THE MOST MISCHIEVOUS OF ALL CUSTOMS HAS BECOME ESTA- BLISHED THAT OF TAKING COMMISSIONS ON ALL CON- DEMNATIONS, SO THAT HE IS UNDER A PECUNIARY TEMPTATION ALWAYS AGAINST THE SUBJECT. NOW IF THE WISDOM OF THE MOTHER COUNTRY HAS THOUGHT THE INDEPENDENCE OF THE JUDGE SO ESSEN- TIAL TO AN IMPARTIAL ADMINISTRATION OF JUSTICE AS TO RENDER THEM INDEPENDENT OF ANY POWER

Page 23 text:

! i MANY HAVE ENDURED GREAT HARDSHIPS FOR FREEDOM ' S SAKE. MANY GAVE THEIR LIVES THAT OTHERS MIGHT ENJOY IT. 1 9

Page 25 text:

ON EARTH, INDEPENDENT OF THE KING THE LORDS THE COMMONS THE PEOPLE NAY INDEPENDENT IN HOPE EXPECTATION OF THE HEIR APPARENT BY CONTINUING THEIR COMMISSIONS IN CASE OF A DEMISE OF THE CROWN, WHAT JUSTICE IMPARTIALITY ARE WE AT THREE THOUSAND MILES DISTANCE FROM THE FOUNTAIN TO EXPECT FROM SUCH A JUDGE OF AD- MIRALTY. WE ALL ALONG THOUGHT THE ACTS OF TRADE IN THIS RESPECTS A GRIEVANCE, BUT THE STAMP ACT HAS ERECTED A VAST NUMBERS OF SOURCES OF NEW CRIMES WHICH MAY BE COMMITTED BY ANY MAN AND CANNOT BUT BE COMMITTED BY MULTITUDES AND PRODIGIOUS PENALTIES ARE ANNEXED AND ALL THESE TO BE TRYED BY SUCH A JUDGE OF SUCH A COURT. WHAT CAN BE WANTING AFTER THIS BUT A WEAK OR WICKED MAN FOR A JUDGE TO RENDER US THE MOST SORDID FORLORN OF SLAVES. WE MEAN THE SLAVES OF A SLAVE OF THE SERVANT OF A MINISTER OF STATE. WE CANNOT HELP ASSERTING THEREFORE THAT THIS PART OF THE ACT WILL MAKE AN ESSENTIAL CHANGE IN THE CONSTITUTION OF JURIES WITH RE- GARD TO US IS DIRECTLY REPUGNANT TO MAGNA CHARTA ITSELF AND WILL MAKE SUCH A DISTINCTION a CREATE SUCH A DIFFERENCE BETWEEN GREAT BRITAIN a AMERICA AS WE COULD NOT HAVE EXPECTED FROM THE GUARDIAN OF LIBERTY IN BOTH. AS THESE SIR ARE OUR SENTIMENTS OF THAT ACT WE THE FREEHOLDERS a OTHER INHABITANTS LEGALLY ASSEMBLED FOR THAT PURPOSE MUST ENJOIN IT UPON YOU TO COMPLY WITH NO MEASURES OR PROPOSALS FOR COUNTENANCING THE SAME OR ASSISTING IN THE EXECUTION OF IT BUT BY ALL LAWFUL MEANS CON- SISTENT WITH OUR ALLEGIANCE TO THE KING AND RELATION TO GREAT BRITAIN TO APPOSE THE EXE- CUTION OF IT TILL WE CAN HEAR THE SUCCESS OF THE CRIES a PETITIONS OF AMERICA FOR RELIEF. (236) WE FURTHER RECOMMEND THE MOST CLEAR a EXPLICIT ASSERTION AND VINDICATION OF OUR RIGHTS a LIBERTIES TO BE ENTERED ON THE PUBLIC RECORDS THAT THE WORLD MAY KNOW IN THE PRE- SENT a ALL FUTURE GENERATIONS, THAT WE HAVE A CLEAR KNOWLEDGE AND A JUST SENSE OF THOSE RIGHTS a LIBERTIES AND THAT WITH SUBMISSION TO DEVINE PROVIDENCE, WE NEVER CAN BE SLAVES. NOR CAN WE THINK IT ADVISABLE TO AGREE TO ANY STEPS FOR THE PROTECTION OF STAMP PAPERS OR STAMP OFFICES, GOOD a WHOLESOME LAWS WE HAVE ALREADY FOR THE PRESERVATION OF THE PUB- LIC PEACE. AND WE APPREHEND THERE IS NO FURTHER DANGER OF TUMULTS a DISORDERS TO WHICH WE HAVE A WELL GROUNDED AVERSION, AND THAT ANY EXTRAORDIN- ARY AND EXPENSIVE EXERTIONS WOULD TEND TO EXASPERATE THE PEOPLE AND ENDANGER THE PUBLIC TRANQUILITY RATHER THAN THE CONTRARY. INDEED WE CANNOT TOO OFTEN INCULCATE UPON YOU OUR DESIRES THAT ALL EXTRAORDINARY a EX- PENSIVE GRANTS a MEASURES MAY UPON ALL OCCA- SIONS AS MUCH AS POSSIBLE BE AVOIDED. THE PUBLIC MONEY OF THIS COUNTRY IS THE TOIL a LABOUR OF THE PEOPLE WHO ARE UNDER MANY UNCOMMON D IFFICULTIES a DISTRESSES AT THIS TIME SO THAT ALL REASONABLE FRUGALITY OUGHT TO BE OBSERVED. AND WE WOULD RECOMMEND PARTICULARLY THE STRICTEST CARE AND FIRMNESS TO PREVENT ALL UNCONSTITUTIONAL DRAUGHTS UPON THE PUBLIC TREASURY. AND WE CANNOT AVOID SAYING THAT IF A PARTICULAR ENQUIRY INTQ THE STATE OF THAT TREASURY SHOULD AT THE FIRST LEASURE OPPOR- TUNITY BE PROMOTED AND AN EXACT STATE OF IT PUBLISHED TO THE PEOPLE IT WOULD HAVE A VERY GOOD a USEFUL TENDENCY. ALL WHICH IS HUMBLY SUBMITTED BY THE COM- MITTEE OF THE TOWN OF BRAINTREE TO DRAW IN- STRUCTIONS TO THEIR REPRESENTATIVE. SAM NILES JOHN ADAMS NORTON QUINCY JAMES PENNIMAN JOHN HAYWARD THE ABOVE REPORT BEING READ BEFORE THE TOWN WAS VOTED ACCEPTED a ORDERED A COPY OF THE SAME BE TRANSMITTED TO THEIR REPRESENTATIVE. THE TREE OF LIBERTY, AND CURSED IS HE WHO CUTS THIS TREE! ' ' MAY 4, 1776 AND SO WITH THE LIVING BUTTONWOOD TREE, DID THE PATRIOTS OF OLD BRAINTREE PROCLAIM THEIR DETERMINATION TO STAND UP FOR THEIR RIGHTS AND LIBERTIES. 2 1