Jonas Clarke to William Reed, Esq

Instructions to the town of Lexington regarding the Stamp Act.

In late October 1765, a town meeting was held and the town selectmen were instructed to draft instructions for the townspeople of Lexington with regards to the newly enacted Stamp Act.  This document was penned by the Rev. Jonas Clarke, who wrote many a document for Lexington and Massachusetts.

The text of the document:

“To William Reed, Esq. the present Representative of Lexington –

“Sir, — We have looked upon men as beings naturally free. And it is
a truth which the history of ages, and the common experience of mankind
have fully confirmed, that a people can never be divested of these invaluable
rights and liberties, which are necessary to the happiness of individuals,
to the well-being of communities, or to a well regulated state ;
but by their own negligence, imprudence, timidity or rashness. They are
seldom lost, but when foolishly forfeited or tamely resigned.

“And therefore, when we consider the invaluable rights and liberties
we now possess, the firmness and resolution of our fathers, for the support
and preservation of them for us, and how much we owe to ourselves and
to posterity, we cannot but look upon it as an unpardonable neglect, any
longer to delay expressing how deeply we are concerned in some measures
adopted by the late ministry, and how much we fear from some acts lately
passed in the British Parliament, which appear to us not only distressing
to the trade and commerce of this Province, but subversive of several
of our most invaluable, internal rights, as well as privileges ; and from
which we apprehend the most fatal consequences.

“What of all most alarms us, is an Act commonly called the Stamp Act;
the full execution of which we apprehend would divest us of our most
inestimable charter rights and privileges, rob us of our character as free
and natural subjects, and of almost everything we ought, as a people, to
hold dear.

“Admitting there was no dispute, as to the right of Parliament to
impose such an Act upon us, yet we cannot forebear complaining of it in
itself considered, as unequal and unjust, and a yoke too heavy for us to
bear. And that not only as it falls heaviest upon the poor, the widow and
the fatherless, and the orphan ; not only as it will embarrass the trade and
business of this infant country, and so prevent remittances to England ;
but more especially as the duties and penalties imposed by it, are numerous,
and so high that it will quickly drain the country of the little cash
remaining in it, strip multitudes of their property, and reduce them to
poverty ; and in a short time render it utterly impossible for the people to
subsist under it ; and what will be the consequences of this to our friends
in Great Britain, as well as to ourselves, is easily seen,’

“But we humbly conceive this Act to be directly repugnant to those
rights and privileges granted us in our Charter, which we always hold
sacred, as confirmed to us by the Royal word and seal, and as frequently
recognized by our Sovereign and the Parliament of Great Britain, wherein
it is expressly granted to us and to our children, that we shall have and
enjoy all liberties and immunities of free and natural subjects, within any
of his Majesty’s Dominions, to all intents, constructions, and purposes, as
if we were every one of us born in his Majesty’s realm of England. And
further that the full power and authority to impose and levy proportionable
and reasonable taxes, upon the estates and persons of all the inhabitants
within the Province, for the support and defence of his Majesty’s Govern-
ment, are granted to the General Court or Assembly thereof.

” But by this Act a tax, yea a heavy tax, is imposed, not only without
and beside the authority of said General Court, in which this power, which
has never been forfeited nor given up, is said to be fully and exclusively
lodged, but also in direct opposition to an essential right or privilege of
free and natural subjects of Great Britain, who look upon it as their darling
and constitutional right never to be taxed but by their own consent, in
person or by their Representatives.

* By this Act, a ream of bail bonds, stamped, cost £100 ; a ream of common
printed ones before had been sold for £1.5. A ream of stamped policies of
insurance cost £190 ; a ream of common ones without stamps, £20. Other
papers were taxed in the same proportion.

” It is vain to pretend (as has been pretended) that we are virtually or
in any just sense, represented in Parliament , when it is well known that so
far from this, our humble Petitions and decent Remonstrances, prepared
and sent home by the Representative body of this people, were not
admitted a hearing in Parliament, even at the time when those measures
and acts from which we apprehend so much, were depending in the Hon.
House of Commons ; — a hardship which greatly adds to the grievance,
and seems to intimate, that we have but too little to hope in consequence
of the most humble and dutiful steps.

” However, this is not all. By this Act we are most deeply affected, as
hereby we are debarred of being tried by juries in case of any breach, or
supposed breach of it — a right which until now, we have held in common
with our brethren in England — a right which under Providence has
been the great barrier of justice, the support of liberty and property
in Great Britain and America — a right which is the glory of the British
Government.

“The Great Charter of England, commonly called Magna Charta,
happily provided for all free and natural subjects of the realm of England,
that no amercement shall be assessed but by the oath of honest and lawful
men of the vicinage, and that no freeman shall be taken or imprisoned or
disseized of his freehold or liberties, or free customs, nor passed upon, nor
condemned, but by the lawful judgment of his peers, or by the law of the
land ; but instead of this most important right, such is the extension of
power given by this Act to Courts of Admiralty, that all offenses against
it may be heard and tried and determined in said courts, to the entire sub-
version of this important right, confirmed to us by the Great Charter and
our own.

‘This we apprehend will open a door to numberless evils which time
only can discover ; at least it will oftentimes oblige us to risk our fortunes,
our liberties and characters, upon the judgment of one, and perhaps a
stranger, or perhaps that which is worse. This will subject us entirely to
the mercy of avaricious informers, who may at pleasure summon us from
one part of the Province to the other upon suspicion of the least offense,
and thus bring upon innocent persons a sort of necessity of pleading guilty
by paying the penalty, to avoid a greater expense. And this being the
state of things, what will then be necessary but a weak or wicked person
for a judge; and from natural and free-born subjects, we shall quickly
become the most abject slaves — wholly cut off from our last resource —
hope of redress !

” These, sir, being the real sentiments of us, the freeholders and other
inhabitants of the town, of this Act, as in its nature and effects considered,
you cannot be surprised to find us greatly alarmed and deeply affected.
And therefore, at the same time that we are firmly resolved in all possible
ways to express our filial duty and loyalty to our Sovereign, and a due
veneration for both Houses of Parliament ; we do also as concerned for
ourselves, our posterity and country, entreat and enjoin it upon you, that
as far from encouraging, aiding or assenting in the execution of this Act,
you do rather endeavor as far as consistent with allegiance and duty to
our rightful Sovereign, to promote such measures as on the contrary, may
tend to preserve us in the enjoyment of the invaluable rights and liberties
we at present possess, at least till we hear the result of the measures
already taken for general redress.

“In the meantime, we earnestly recommend to you, the most calm,
decent and dispassionate measures, for our open, explicit and resolute
assertion and vindication of our charter rights and liberties ; and that the
same be so entered upon record, that the world may see, and future generations
know, that the present both knew and valued the rights they enjoyed ; and did
not tamely resign them for chains and slavery. We shall only add, that the
best economy of the public money is at all times necessary, and never more so than
at present, when public debts are heavy, and the people’s burdens great and
likely to increase.

“We take it for granted, therefore, that you will carefully avoid all
unaccustomed and unconstitutional grants, which will not only add to the
present burden, but make such precedents as will be attended with
consequences which may prove greatly to the disadvantage of the public.””