“By words and actions, endeavoured to discourage the people”

On 4 Feb 1777, seven months after the Continental Congress issued the Declaration of Independence, the Massachusetts General Court enacted “An Act for Preventing or Punishing Crimes that May Be Committeed against the Public Safety, Below the Degree of Treason and Misprision of Treason.”

In other words, the legislators outlawed some behavior that they knew couldn’t be prosecuted as treason but still saw as threatening the newly independent state.

The law read:

WHEREAS the Congress of the United Colonies of America, in order to preserve the inhabitants thereof from that ruin and misery to which they were destined by the avarice and cruelty of Great Britain, did, upon the fourth day of July, one thousand seven hundred and seventy-six, declare the said colonies to be free states, independent of all people and nations; and whereas, some evil-minded persons within this state, have, at divers times, by words and actions, endeavoured to discourage the people thereof from supporting said declaration, as also in their opposition to those acts and measures of the king and parliament of Great Britain, which induced the Congress to make such declaration,

Be it therefore enacted by the Council and House of Representatives in General Court assembled, and by the authority of the same,

That if any person shall make use of any expressions, in preaching or praying, or in public or private discourse or conversation, with an apparent design to discourage the people of this state, measures taken or any of them, from supporting said declaration, or that shall by by the king or words or actions, directly or indirectly, endeavour to support or justify the measures taken by the king and parliament of Great Britain against the American States, or shall dissuade the people of this state, or any of them, from supporting their opposition to s’d measures, or shall endeavour, by any ways or means, to prevent the Continental Army from being raised, or the Continental Navy from being manned, or, with an evident design to prevent the raising said army or manning said navy, shall dissuade or endeavour to prevent any person or persons from inlisting in the army or navy of the United States, or either of them, or shall use any means to hurt or distroy the credit of the public bills of the United States of America, or of this state; each person so offending, and being thereof convicted, shall pay a fine, to the use of the town or plantation where such offence is committed, not exceed’g fifty pounds, nor less than twenty shillings, at the discretion of the court before whome the conviction shall be, and shall recognize for his good behaviour, as such court shall order, and stand committed untill sentence be performed.

And be it further enacted by the authority aforesaid,

That any justice of the peace, upon complaint made to him of such offence, and finding presumptive evidence that the same is true, shall order such offender to find surities for his appearance at the next court of general sessions of the peace to be held in the county where such offence is committed, and, in default thereof, to commit such offender to the common goal; and all sheriffs, constables, grand jurors and tythingmen are directed and enjoined to make presentment and complaint of all such offences as shall come to their knowledge, respectively.

Obviously, this law limited people’s freedom to speak and even pray as they chose. But there was a war on, and wartime governments almost always restrict their own citizens’ liberties.

Four years later, on 5 Mar 1781 (a Massacre anniversary), the General Court deemed that “the Penalty in said Act is insufficient to deter from the Commission of said Crimes.” Even a £50 fine didn’t mean as much anymore, given the inflation of Continental and state currency.

The legislature therefore revised the earlier act this way:

That if any Person or Persons shall be convicted of any of the Crimes described in said Act, such Person or Persons so convicted, shall, at the Discretion of the Court before whom the Person or Persons may be convicted, pay a Fine not exceeding the Sum of Five Hundred Pounds, in Gold or Silver, at the Rates established by Law, or in Bills of Credit current within this Commonwealth equivalent thereto, nor less than Thirty Pounds, in Gold and Silver as aforesaid, or Bills of Credit equivalent thereto, to be applied as is provided in said Act, or be whipped at a public Whipping-Post, not exceeding Thirty-nine Stripes, nor less than Ten, or stand in the Pillory one Hour at least, or be confined on board some Ship of War belonging to this Commonwealth or the United States, not exceeding the Term of Three Years, nor less than One Year; there to do Duty as directed by the Commander of the Ship of War, or be confined within some Fort or Garrison, not exceeding the Term of Three Years, nor less than One Year; to be subject to the Commander of such Fort or Garrison:

And if any Person or Persons so convicted and confined, shall desert said Ship of War, Fort or Garrison, he or they so deserting, shall be tried before a Court-Martial; and upon Conviction, shall suffer the Pains and Penalties which Deserters from the Continental Army are, by the Rules and Regulations of said Army, liable to suffer.

The state had grown more harsh, now threatening these less-than-treasonous offenders not just with fines but corporal punishment, confinement, forced military labor, and, if people sought to escape the last fate, possible execution.