In the years leading up to the Revolutionary War, American colonists became increasingly incensed with Parliament’s attempts to tax them for goods shipped to the colonies. The Stamp Act of 1763 was just the first of many such tax-related disputes between Americans and their British overlords. By 1774, the colonists were ready to rebel, so they formed what they called the First Continental Congress. The first meeting convened in September 1774, and the Congress continued its work for the better part of two months. As part of that process, they drafted and approved the Continental Association, also called the Articles of Association. As the name implies, the document was intended as an agreement among the thirteen American colonies (an “association,” that is) to achieved certain unified goals, in the form of fourteen Articles spelling out those mutual agreements. The Continental Association was approved on October 20, 1774, but key provisions were not to become effective until December 1. This month’s blog focuses on the Articles in the Continental Association by which Congress approved the “non-importation” of British goods—not just a boycott, but the literal stoppage of British imports by land or by sea. Today, we celebrate the 250th anniversary of this critical moment in our American history.
The preamble of the Continental Association set the theme for the fourteen Articles to come:
“To obtain redress of [our] Grievances, which threaten the destruction to the Lives, Liberty, and Property of his Majesty’s subjects in North America, we are of opinion that a Non-Importation, Non-Consumption, and Non-Exportation Agreement, faithfully adhered to, will prove the most speedy, effectual and peaceable measure.”
Key Terms of the Continental Association
Proceeding to the specific terms of the Continental Association, Article 1 pronounced that:
“from and after the first day of December next, we will not import into British America, from Great Britain or Ireland, any Goods, Wares, or Merchandises whatsoever, or from any other place, any such Goods, Wares, or Merchandises as shall have been exported from Great Britain or Ireland; nor will we, after that day, import any East India Tea from any oparet of the World; nor any Molasses, Syrups, Paneles, Coffee, or Pimento, from the British Plantations or from Dominica; nor Wines from Madeira, or the Western Islands; not Foreign Indigo.”
What is striking about Article 1 is not only the sweeping scope of the non-importation edict—extending to all “Goods, Wares or Merchandises” — but also that Congress thought about all the ways Great Britain might try to achieve indirectly what it was barred from doing directly—hence the ban on importation “from any other place,” or via the East India Company, via the West Indies, or otherwise. Congress clearly intended to send the strongest possible signal to Parliament that English commerce to America was going to grind to a halt unless settlement terms could be agreed upon.
As we consider how treasonous Article 1 must have seemed when the Continental Association found its way to London and was read by members of Parliament, we must bear in mind that the beginning of the War was still six months in the future, and that in October 1774 the members of Congress were still British subjects—yet here they were, effectively establishing their own shadow government and dictating terms to Parliament. At the time, many members of Congress never thought that the Colonies would break free and declare their independence. Rather, they considered themselves (or at least some of them did) loyal subjects of King George III, and their goal was to persuade the Crown to accommodate its North American colonists, from whom the Crown derived huge profits from the importation of British goods to the Colonies. Congress was betting that the threat of a massive economic “hit” to the Crown’s purse would bring about a mutually acceptable peace.
The remaining thirteen Articles of the Continental Association included various provisions by which the Non-Importation Agreement would be enforced, not only against Great Britain, but also against the colonists themselves. For example, Article 3 set forth provisions stating that colonists were barred from purchasing any Goods, Wares or Merchandises “which we shall know, or have cause to suspect, were imported after the first day of December.” Likewise, Congress commanded that all Merchants must contact their “Factors, Agents and Correspondents” abroad, and make clear to them that they must not ship any goods to America, “as they cannot be received in America.” If any foreign merchant were to violate this provision, “it ought to be made publick; and on the same being so done, we will not from thenceforth have any commercial connection with such Merchant.” Further, ship captains would be dismissed from service if any goods prohibited under the Non-Importation Agreement were discovered on board their vessels. This manner of public shaming and shunning was a key means by which the Congress put “teeth” into the Non-Importation Agreement.
Congress clearly recognized that the Non-Importation Agreement would impose significant economic pain on British citizens engaged in trade with America. Importantly, it also realized that non-importation would inflict pain on American merchants, too. To lessen the pain, Congress included a few provisions that granted a certain amount of leniency for violations of the Non-importation Agreement during the first few months following Congress’ adoption of the Continental Association. Thus, if a Merchant was found to have imported goods after December 1, 1774 but before February 1, 1775, the goods could be sequestered once the goods were on American soil, and held for the benefit of the merchant until such time as the Non-Importation Agreement ended. Alternatively, if a town committee decided to sell the goods, rather than sequester them, the merchant would at least be “reimbursed out of the sales the first cost and charges.” As for goods that found their way to America after February 1, 1775, those goods were to be sent back whence they came, “without breaking any of the packages thereof.”
Other provisions in the Articles elaborated on the crimes and punishments to which colonists could be subjected, as well as colonies themselves. If a specific colony did not accede to the terms of the Association, for example, or otherwise violated the terms of the Association, then “we will have no Trade, Commerce, Dealings or Intercourse whatsoever” with such colony. Strong words, indeed.
What Happened After December 1, 1774
It would not be far off the mark to say that enforcement of the Association was heavily dependent on peer-group pressure, and it was very effective: no colonist wanted to be subjected to the derision of his or her neighbors, or be subjected to unwanted gossip and innuendo (or worse). Yet, peer-group pressure was not a complete solution, so enforcement “committees” were set up at the county and town levels in almost all the colonies. These committees were the precursors of the provincial governments that were established after America declared its independence in 1776. These committees operated autonomously, with little or no control by the British government; it was obvious to everyone that the enforcement committees were not about to take orders from Parliament, or from Parliament’s appointed representatives.
Ultimately, the Non-Importation Agreement was rendered irrelevant by the outbreak of the War in April 1775. While a minority of colonists remained loyal to the Crown throughout this period (“Loyalist” had become a derogatory term by this time), most colonists supported the Non-Importation Agreement, and took steps to police themselves through their local committees. More importantly, the colonists were learning how to operate their own governments, independent from British control. The five-month period before the Battle of Lexington and Concord was a proving-ground of sorts for these provincial governments. In the meantime, England was not blinking. In fact, despite the economic damage the Non-Importation Agreement was causing, Parliament doubled-down by passing the New England Restraining Act, by which it sought to starve New Englanders by banning trade by Americans with foreign countries. It was only a matter of time before England and America descended into armed conflict.
The Legacy of the Continental Association
When the First Continental Congress adopted the Association, it could not have known that it was launching America down the path towards independence, and to the creation of our founding documents: The Declaration of Independence, the Constitution and the Bill of Rights. But the Association’s importance was recognized a century later when Abraham Lincoln talked about it in his first inaugural address in 1861. President Lincoln declared that our Union was “formed, in fact, by the Articles of Association in 1774.” It was 250 years ago today that our journey towards independence began in earnest, when Americans in the thirteen colonies took the first steps to enforce the non-importation of “Goods, Wares and Merchandises” from the Mother Country. We honor them today for their courage, their tenacity, and their commitment to the cause of freedom.