foregoing articles, and shall direct the same to be carefully and properly applied to the relief of such sick, wounded, or necessitous soldiers as belong to such regiment, and such person shall account with such officer for all fines received and the application thereof.

ART. 52. All members sitting in courts martial, shall be sworn by the president of said courts, which president shall himself be sworn by the officer in said court next in rank; the oaths to be administered previous to their proceeding to the trial of any offender, [to be] in form following:-You A B swear, that you will well and truly try and impartially determine the cause of the prisoner now to be tried, according to the rules for regulating the Massachusetts army. So help you God.

ART. 53. All persons, called to give evidence in any case before a court martial, who shall refuse to give evidence, shall be punished for such refusal, at the discretion of such court martial. The oath to be administered in the form following:-You swear, the evidence you shall give, in the case in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God.

Resolved, That the inhabitants of the town of Northfield be desired, in consideration of the bodily indisposition of their present member, Mr. Ebenezer Jones, which prevents his attendance, to add one other member to him, in order that their town may be represented in Congress, who are very desirous that the wisdom of the province may be collected at this critical juncture of our public affairs.

The committee, appointed to take into consideration the application of the committee from Boston, and others, reported that the papers lie on the table for farther consideration at some future day. Adjourned to three o'clock in the afternoon.

Afternoon.

Ordered, That the committee on the state of the province be directed to sit.

Congress adjourned till to-morrow morning, ten o'clock.

THURSDAY, April 6, 1775, A. M.

[On] an application from the committees of inspection of Taunton, and all the other towns in the county of Bristol, setting forth that General Gage had applied to five justices in said county, to provide quarters for two hundred of his majesty's troops, which may be sent to the town of Freetown: ||||Ordered, That Mr. Murray, Doct. Gunn, Col.

a ||thereupon.||

Pomeroy, Col. Cushing, Mr. Freeman, Capt. Holmes and Mr. Watson, be a committee to take the said application into consideration and report thereon.

||Congress adjourned till twelve o'clock at noon.

Met and adjourned to four o'clock, P. M.

Afternoon.

The committee appointed to take into consideration the application [from] all the towns in the county of Bristol, reported; [the report was] amended and passed unanimously, and is as followeth :

GENTLEMEN :-Your very interesting letter of the fourth instant, directed to the president, has been early laid before us. Heartily affected with the matters it contains, this Congress resolved on the immediate consideration of it. The part acted by Col. Gilbert respecting the common cause of America, since the commencement of its public troubles, is sufficiently consonant to the tenor of his ordinary conduct, so far as it has been the object of public observation; and leaves no American room to hesitate in pronouncing him an inveterate enemy to his country, to reason, justice, and the common rights of mankind; and, therefore, whoever has knowingly espoused his cause, or taken up arms for its support, does, in common with himself, deserve to be instantly cut off from the benefit of commerce with, or countenance of, any friend of virtue, America, or the human race.

This Congress cannot but rejoice in the satisfactory evidence they have of the patriotism and public spirit of the county of Bristol, and the vigilance of its inhabitants over the manœuvres of the incendiaries among them; we are much pleased with their joint readiness, for their most vigorous exertions in their country's cause, and earnestly hope that their preparations will be pursued with unabated zeal, as the known resolutions of our public enemies, have, at last, necessitated the contemplation of a plan of general defence, in support of which, the spirit and prowess of the county of Bristol may very soon be called up to the view of mankind.

We earnestly recommend it to you, gentlemen, as guardians of the public interest, to exert yourselves, that the militia, and especially the minute men of your county, be found in the best posture of defence, whenever any exigence may require this aid; but the plans laid for the general good oblige us to request that whatever patience and forbearance it may require for the present, you would act on the defensive only, until the further direction of this Congress.

And, therefore, though we could wish that a particular account of the conduct of Col. Gilbert and his adherents, as well as of the king's

troops, whilst stationed among you, might be taken on sufficient evidence in perpetuam rei memoriam, yet we could not advise to any measures, either with respect to said Gilbert and his banditti, or the king's troops, that our enemies might plausibly interpret as a commencement of hostilities.

This Congress, however, are clearly of opinion, that, whatever justice of the peace, or other person in the county of Bristol, shall be active in providing quarters, or other supplies, for the said troops, or any others sent in like manner, will be considered by all America as aiding and assisting in the execution of the [acts of the] British parliament, against which, as fundamentally destructive of the most invaluable rights and privileges of the colonies, America has unitedly remonstrated.

IN PROVINCIAL CONGRESS, Concord, April 6, 1775.

Resolved, That the foregoing be signed by the president, in behalf of the Congress, and sent to the committees of inspection of the county of Bristol.

Ordered, That the application from the selectmen of Billerica, and the application from the committee of correspondence of the town of Boston and others,1 be again committed to the committee, who had them under consideration, and reported that they lie on the table. The committee was ordered to sit immediately.

Adjourned to ten o'clock to-morrow morning.

(1) These applications related to an outrage on a citizen of Billerica, named Thomas Ditson, Jun. The story of his wrongs, which created great sensation, is told in the following narrative copied from the Massachusetts Spy, March 10, 1775.

"The act of tarring and feathering not repealed."-" Last Thursday morning, a countryman was tarred and feathered, and carried through some of the streets, in this town, by a party of soldiers, attended by some officers. The following is the man's own deposition relative to that affair, sworn to before a magistrate; upon which we shall make no remarks, but leave the public to judge of the conduct of some of those who are said to have been sent among us to preserve peace and good order, and to prevent mobs, tumults and other unlawful assemblies."

"I, Thomas Ditson, Jun., of Billerica, husbandman, testify and declare, that, while walking in Fore street, on the 8th of March, in the afternoon, I inquired of some townsmen, who had any guns to sell? one whom I did not know, replied, he had a very fine gun to sell. The man appeared to be a soldier, and I went with him to a house where one was, whom the soldier called sergeant, and seeing some old clothes about the house, I asked whether they sold such things; the sergeant replied that they did frequently. I then asked his price for an old red coat ript to pieces; he asked 88. 6d. sterling; but I refused to give it. Then one M'Clinchy, the soldier I met with at first in the street, said he had some old clothes to sell, and sent his wife out after them to a man he called a sergeant, and she soon brought an old coat and an old jacket. I then asked him if he had any right to sell them, and the sergeant said that they frequently sold them, and he would give a writing if I desired it, but said there was no occasion. I then bought the coat and jacket, and gave two pistareens, and then put the clothes in a bag, which I left behind; after which I went to M'Clinchy to see his gun, which he said was a very fine piece. I asked him if he had any right to sell it. He replied he had, and that the gun was his to dispose of at any time. I then asked him whether he thought the sentry would not take it from me at the ferry, as I had heard that some persons had

FRIDAY, April 7, 1775, A. M. Ordered, That Doct. Warren and Doct. Church be added to the committee on the state of the province.

had their guns taken from them, but never thought there was any law against trading with a soldier. He then told me he had stood sentry, and that they frequently let them pass. He then asked me what I would give him for the gun? I told him I would give four dollars, if there was no risk in carrying it over the ferry. He said there was not, and that I might rely on his word. I then agreed to give four dollars for his gun, but did not take it nor pay the money; coming away, he follows me down stairs, and says, that there was a sergeant had an old rusty piece, that he would sell cheap. I asked him his price; he said he would sell it for one dollar and an half, if I would pay the money down, and he urged me to take it. I then agreed to give him said sum. His wife, as he called her, then came down, and said, M'Clenchy, what are you going to do, to bring the man into a scrape? I then told them, that if there was any difficulty, to give me my money again, but he refused, and replied his wife made an oration for nothing, and that he had a right to sell his gun to any body. I was afraid from her speaking that there was something not right in it, and left the gun, and coming away, he followed me, and urged the guns upon me; I told him I had rather not take them for fear of what his wife had said; he then declared there was no danger, for he had spoken to the officer or sentry, who said he had a right to dispose of them, and urged me to pay the four dollars I had offered for the guns, which I then refused, and desired I might have the one and half dollar back which I had paid for the gun. He refused, saying there was no danger, and damned me for a fool. I then paid him the four dollars for the good gun, but did not receive any one of them. After I had paid the money, he then said, take care of yourself, and the first thing I saw was some men coming up. I stept off to go after my great coat, but they followed and seized me, and carried me to the guard-house upon Foster's wharf. This was about six or seven o'clock in the evening. When I came into the guard-house, they read me a law which I never before saw or heard of. I was detained till about seven in the morning, when I expected I should have been obliged to pay the £5 mentioned in the law read to me, and hired a regular to carry a letter to some friends over the ferry, which was to desire them to come to me as quick as possible with money to pay my fine. Soon after, the sergeant came in, and ordered me to strip. I then asked him what he was going to do with me. He said, damn you, I am going to serve you as you have served our men. Then came in a soldier with a bucket of tar and a pillow bier of feathers. I was then made to strip, which I did to my breeches. They then tarred and feathered me, and while they were doing it, an officer who stood at the door said, tar and feather his breeches, which they accordingly did, and I was then tarred and feathered from head to foot, and had a paper read to me which was then tied round my neck, but afterwards turned behind me, with the following words wrote upon it, to the best of my remembrance: "American liberty or democracy exemplified, in a villain who attempted to entice one of the soldiers of his majesty's 47th regiment to desert and take up arms with rebels against his king and country." I was then ordered to walk out, and get into a chair fastened upon trucks, which I did, when a number of the king's soldiers, as I imagined about forty or fifty, armed with guns and fixed bayonets, surrounded the trucks, and they marched with a number of officers before them, one of whom, I am told, was the colonel of the 47th regiment, who I 1 have since heard was named Nesbit, together with a number of drums and fifes, from the wharf up King street and down Fore street, and then through the Main street, passing the governor's house, until they came to liberty tree; then they turned up Frog lane and made a halt, and a sergeant, as I took him to be, said get down: I then asked where I should go, and he said where you please. Near the governor's house the inhabitants pressed in upon the soldiers; the latter appeared to me to be angry, and I was afraid they would have fired, they being ordered to load their muskets, which they did. THOMAS DITSON, Jun."

This narrative was verified by the oath of the deponent, March 9, 1773, before Edmund Quincy, Esq.

The selectmen of Billerica presented the following spirited protest against the cruel outrage of the soldiers, to general Gage.

"May it please your excellency :

"We, the selectmen of the town of Billerica, beg leave to remonstrate to your excellency, that on the eighth day of this instant March, one Thomas Ditson, an inhabitant of said town of Bille

Mr. Crane laid on the table a number of letters, which were sent to him from Stoughton, and said to be from Col. Gilbert and others.

Ordered, That Col. Thomas, Mr. Devens, Mr. Gardner, Doct. Perkins and Mr. Crane, be a committee to take them into consideration and report; they reported |||| that they be read.

Ordered, That the committee on the state of the province be directed to wait on the Hon. governor Hopkins and the Hon. governor Sessions, and congratulate them on their arrival to this town, and hold a conference with them on the present state of our public affairs.

The committee appointed to consider on the application from Billerica, &c. reported; the report [was] amended, accepted and is as follows:

IN PROVINCIAL CONGRESS, ||Concord,|| April 7, 1775.

Resolved, That the following letter be signed by the president, and directed to the selectmen of Billerica :

GENTLEMEN-This Congress, deeply sensible of the high-handed insult offered the town of Billerica, the colony of the Massachusetts Bay, and this continent in general, in the vile and ignoble assault in the person of Thomas Ditson, by a party of the king's troops under

rica, was tarred and feathered, and very much abused, by a party of his majesty's 47th regiment, under the command of lieutenant colonel Nesbit. As guardians for said town, and from a regard to the liberties and properties of its inhabitants, we cannot but resent this procedure. Your excellency must be sensible, that this act is a high infraction of that personal security, which every Englishman is entitled to, and without which his boasted constitution is but a name."

"It is sufficiently unhappy for us, that we find troops quartered among us for the purpose of enforcing obedience to acts of parliament of Great Britain, in the highest sense iniquitous, cruel and unjust. It is still more unhappy, if these troops, instead of preserving the character which British troops once had, should pour in additional insult, and be guilty of the most brutal outrages. We hope your excellency will take some proper steps for accommodating this affair: for, we assure you, we cannot, consistent with our duty, pass this matter over. We have been told by your excellency, that you never meant to disturb the intercourse between the town and country. Confiding in this, we have passed and repassed in our usual manner. We, therefore, hope your excelleney will make it evident by your conduct that you are determined the intercourse shall be preserved, and we be not buoyed up with promises, which, in the end, we unhappily find, are not to be depended upon. Lieutenant colonel Nesbit is an officer under your excellency's command. Of you, therefore, we demand satisfaction for the insult committed by him. We think it is in your power. We beg, your excellency, that the breach, now too wide between Great Britain and this province, may not, by the brutality of the troops, still be increased. We assure you, sir, it always has been, and still is our sentiment and prayer, that harmony may be restored, and that we may not be driven to the last distress of nations. But, may it please your excellency, we must tell you, that we are determined, if the innocent inhabitants of our country towns, for we must think this man innocent in this affair, must be interrupted by soldiers in their lawful intercourse with the town of Boston, and treated with the most brutal ferocity, we shall, hereafter, use a different style from that of petition and complaint."

"If the grand bulwarks of our constitution are thus violently torn away, and the powers on earth prove unfriendly to the cause of virtue, liberty and humanity, we are still happy that we can appeal to Him who judgeth righteously, and to Him we cheerfully leave the event."

a las expedient.||