USA > Massachusetts > Suffolk County > East Boston > History of East Boston; with biographical sketches of its early proprietors, and an appendix > Part 66
USA > Massachusetts > Suffolk County > East Boston > History of East Boston : with biographical sketches of its early proprietors, and an appendix. > Part 66
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F.]
COURSE OF GOVERNOR STRONG.
737
men must take their share of public responsibility, and now is yours." Col. Sumner bowed obedience, and read the letter, which is as follows : -
" BOSTON, September 10th, 1814.
" SIR, - As the commissioners for military defence have appointed you their agent to repair to the District of Maine, and to assist in providing every prac- ticable means of defence for that part of the State, I will suggest to you such circumstances in relation to that subject as have occurred to me.
" The major-generals or commanders of divisions are authorized, in case of invasion or imminent danger of it, to call out such part of the militia as they may think necessary for the protection of the exposed towns; in forming & judgment in cases of this kind we have ground to expect that no men will be more impartial, as on the one hand they will be solicitous to afford reasonable protection to the inhabitants on the coast, and on the other will be unwilling to call the militia from their homes except in cases of necessity. Hitherto, expe- rience has served to confirm these expectations, for, so far as I have been informed, those officers have conducted with great prudence and discretion. As we can only conjecture what are the views of the enemy, and the state of things is continually changing, it is impossible to ascertain beforehand, and at a distance, what measures may be necessary ; they must therefore for the most part be referred to the commanding officers of the militia who are in the neighborhood, and in whose judgment I repose full confidence. You will con- fer with them, and such other officers as you may judge proper, on the subject of defending the coast, and will give your aid for the march of detachments or whole corps for the defence of any port or place that may be deemed to require support.
" Portland will deserve your first attention, unless you find on your way thither that Portsmouth is immediately menaced, in which case you will confer with Gen. Ichabod Goodwin, and make the requisite arrangements with him to meet the emergency before you proceed further. The several major-generals will communicate to you the orders under which they now act, which, with the instructions you will receive from the commissioners and your knowledge of my ideas on the subject of defence generally, will assist you in guiding your judgment.
" I observe that the people of Portland have proposed that the militia to be called out shall be put under the command of Gen. Chandler. If the militia are satisfied with that arrangement, I should make no objection to it. The United States, I presume, have made contracts for the supply of the troops called into service in the District of Maine, and it is desirable that the militia, who may be now on duty, should be supplied in that way.
" I wish you to inform me, or the commissioners, of whatever may appear to you of importance, and am, with sincere regard,
" Your obedient servant,
" CALEB STRONG. " Col. W.M. H. SUMNER."
62*
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When Col. Sumner had finished the perusal of this letter, he remarked to the Governor, that if he rightly understood it, it gave to him his civil as well as his military power, and asked him if it was his wish that under any circum- stances he should order troops into the service of the United States. The Governor answered, " Certainly, if they will feed them, and if they can oc- cupy such favorable positions in the national forts as will best secure the safety of the harbors they were built to defend. You remember," said he, "that I told you of a conversation I had with Chief Justice Parsons at the beginning of the war, when an order was promulgated for detaching three companies and placing them in such situations as should best give security to Eastport and other towns on the eastern frontier, which had petitioned for protection from the predatory incursions of the enemy. The Chief Justice said that he saw by the newspapers I had issued such an order, and he feared if I had done this it would be considered as indicative of a disposition, on my part, to join with the government of the United States in a war which involved our best interests, and would bring certain ruin upon the commercial interests of the country. I told him I had no such disposition, and that, as he well knew, I was opposed to the war, and would not have ordered out the militia unless I thought my duty required it. ' Why so ?' said the Chief Justice ; ' congress has declared the war, and it is the duty of the national government to protect the inhabitants from its consequences.' That is true, I said, and they have a right to call upon me for assistance in certain cases. There are but three of these enumerated in the con- stitution, and when either of them exists, I feel bound to comply with the Presi- dent's requisition as an existing exigency. "Who is the judge of the exigency,' said he, ' the President or yourself ?' I answered, the Governor of the State, and not the President. 'I agree with you in that construction of the instru- ment,' replied the Chief Justice, ' and ask, if you are the judge of the exigency, why you have involved us in actual war ?' It is not I, but the enemy, that has done it by invading our territory, and the evidence in the council-chamber shows that one of the cases supposed by the constitution exists, when the Gov- ernor is obliged to call out the militia upon the request of the President. 'Do you then,' said the Chief Justice, ' consider this such a case as renders it necessa- ry for you to plunge the State into a foreign war ?' I answered, I do not thus intend, but I cannot allow my fellow-citizens there to be the defenceless sub- jects of invasion while I command the militia; and whether the President or myself is to judge of the exigency, I feel equally bound with him to defend the inhabitants of my own State, for I am, under the oath of office, bound to sup- port the constitution of the United States as well as he, and my oath is equally binding upon me as his is upon him, and something more. I am also bound to support the constitution of my own State. The representations of the enemy's predatory incursions into our territory come to me from our own citizens resid- ing upon that frontier, the truth of which cannot be doubted, and my council having considered it a case of invasion such as is described in the constitution, I feel bound under my oath, to comply with the President's request. The Chief Justice then left me with the remark that he thought I had given up the main point of controversy between the State and national government, and he feared we should suffer in consequence of the precedent which had thus been
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COURSE OF GOVERNOR STRONG.
established." The Governor then remarked to Col. Sumner, " Although I failed to convince the judge of the propriety of my course, I have myself ever been satisfied with that decision. You may govern yourself by the principles then established, if the case again occurs. Now, however, there is no doubt about the danger of invasion along the whole sea-coast. In fact, the national government having withdrawn all its troops from the forts, we are left for defence, in case of any attack, to our own resources. The enemy have already cut off that part of the District of Maine which is beyond the Penobscot, and have a fleet in that bay, with troops on board, sufficient to make a serious attack upon any of our seaports. Indeed, I am determined the State and every harbor in it shall be defended, whether the troops are placed in the service of the United States, or retained under the command of their own officers."
Col. Sumner then asked the Governor whether any effort should be made to drive the enemy from Castine, or from any part of the territory east of the Penobscot which they then possessed. He answered, " No; the militia is for defence, and it belongs only to the government of the United States to drive the enemy from the territory which they have invaded, and not to the State. But mind you this," he continued, " I will not have my militia officers, when they are ordered into the service of the United States, disgraced, as they have been here, by being placed under the command of a broken officer of the militia. You know that this was the case when Lieut .- Col. Page and other officers, who were detailed into that service, and ordered to report to Major-General Dearborn, who had his quarters in Boston. When they did so they were directed by him to repair to Fort Warren. Upon com- pliance with this order they soon found themselves under the command of Lieut .- Col. Joseph Loring, who then held a commission of that rank in the U. S. army. This was the same officer who, then holding the commission of major in the same brigade with Lieut .- Col. Page, his superior officer, had recently been broken by a militia court-martial. You also know that Col. Page con- sidered this so great an indignity that he, with Col. Dudley and other officers, came to the Adjutant-General's office and made complaint of the disgrace. Although this complaint was well founded, Gen. Brooks told them, that as they were in the service of the United States, the State authorities had no jurisdiction over them, and they must apply for relief to Gen. Dearborn, com- mander of the United States troops in this district. This case," said Governor Strong, "is not likely to occur again, but other cases may ; wherefore I re- quire that all my officers shall be treated with that respect which their com- missions under the authority of the Commonwealth of Massachusetts entitle them to receive."
These and other questions being disposed of, Col. Sumner inquired, "When does your Excellency wish me to go?" " By sunrise, if you can be ready so early,". was the answer. " I hope your Excellency will give me time to get my horse shod." " Yes, I will, but you must tell the blacksmith not to take too much time in filing his hoofs !"
The proceedings of Col. Sumner in pursuance of these instructions need to be detailed only so far as they still further illustrate Governor Strong's princi- ples of action. Ile set off carly the next morning, and by the middle
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APPENDIX. [F.
of the afternoon arrived at Portsmouth. As the harbor at that place required his first attention, he sent a letter by an express messenger to Major- General Goodwin, at Berwick, informing him of his powers and objects, and requested an interview at Portsmouth without delay. Gen. Goodwin sent a reply, in which he demurred acceding to that request, on the ground that as sheriff he was obliged to meet the court at Alfred the next day. To this, Col. Sumner returned an immediate answer by the same messenger, that in time of war the civil power must give way to the military. This produced the desired effect, and General Goodwin appeared at Col. Sumner's quarters in Portsmouth at early daylight. They immediately visited Capt. Hull to devise means for de- fending the navy-yard, and found that although he had asked Gov. Strong to order out troops for that purpose, yet he had no power to provide for them, nor had Capt. Walbach, whom the Executive Agent and General Goodwin proceeded to visit at Fort Constitution. Capt. Walbach fully concurred with Capt. Hull in the opinion that troops were necessary for the protection of the harbor, and named four hundred, although without means for their supply.
In an interview with the Hon. Jeremiah Mason and Daniel Webster, Esq. (both of whom were members of the Committee of Safety in Portsmouth, which had desired the assistance of Massachusetts in the defence of that har- bor), the Executive Agent expressed the feeling, that New Hampshire, having but one port, ought to defend that without calling for aid upon the militia of a State with such an extensive frontier as Massachusetts. They replied that Gov. Gilman had called upon the militia of the State for a sufficient force to defend Portsmouth harbor, but that such was the disorganized condition of their militia they could not be expected on the ground under fifteen days, and if Governor Strong did not order his troops to protect them, they would be left defenceless in the mean time. If the Governor did not do it, they could only say that they differed from him in the construction of his powers and duties.
Col. Sumner reported his day's proceedings to the Adjutant-General, and recommended that two hundred troops should be placed in Fort McCleary, and that the several companies of the militia of York and Kittery, together with Capt. Lyman's company of artillery, should be instructed to be on the alert in case the enemy should attempt to land on York beach, and left the decision to the Governor, who, from the proximity of his position, could easily commu- nicate his orders. This recommendation was complied with in an order to Ma- jor-General Goodwin to make the detachment and the proper arrangements.
Leaving Portsmouth, Col. Sumner hastened on towards Portland that after- noon. Stopping at York to bait his horse, he found some six or eight compa- nies there assembled, but ignorant of what to do; and in compliance with the earnest desire of his old friend Capt. Lyman, and perceiving that there was no other way to instruct such a multitude, Col. Sumner addressed them as they crowded around the tavern, advising them especially in regard to an apprehen- ded landing of the British on York beach with the purpose of marching to the high grounds of Kittery, which overlooked the navy-yard, and directed them after putting their arms in order, to oppose any landing, take up the bridges on the road, and, covered by the thick woods and stonewalls, to annoy the enemy by their sharp-shooting, in which, from their practice of killing game, they ex-
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COURSE OF GOVERNOR STRONG.
celled, and thus with the aid of Capt. Lyman's Sea Fencibles, in the strong positions they would occupy, at least a day could be gained and time allowed for reinforcements to pour in from the country. Col. Sumner was here met by a messenger from the Committee of Safety in Portland hastening to the Adjutant- General's office in Boston. He stated to him his authority, examined the de- spatches, and learning the state of affairs, sent the messenger back with infor- mation that he was on his way to Portland with the Governor's instructions, and would reach that town the next day. He arrived at that time, although stop- ping on the way to consult with various Committees of Safety who presented themselves in Wells, Kennebunk, Arundel, Saco, and Biddeford.
On arriving at Portland, his first inquiry was for the head-quarters of Major- General Richardson, and upon repairing thither, Gen. Richardson stated to him that the troops of the whole surrounding country were pouring into Port- land at the request of the Committee of Safety and of the magistrates, with whom the committee was authorized to advise ; that the ships had been taken up the rivers to places of apparent safety, and the forts being unmanned, the harbor presented a deserted appearance. Affairs were in a complicated state from the fact that the magistrates, in the advice that they gave were actuated to a great extent by partisan motives. Relieving himself of that difficulty by declining to consult with them on the ground that his instructions permitted him to advise with the Major-Generals and the Committees of Safety only, the Executive Agent found another difficulty in adjusting questions of rank between Brigadier-General Chandler of the United States army, sub-super- intendent of the U. S. forces in Maine, and Major-General Richardson of the militia. The same jealousy existed here on the part of the militia as in Massachusetts proper, and the same ambition for command on the part of the United States officers. For a difficulty had occurred similar to that in which Gen. Dearborn had involved Colonels Page, Dudley, Warren, and others, at Fort Warren, by placing Major Lane, of the United States army, over Major Weeks, of the detached militia, who was in conimand of Fort Scammel, with- out bringing a single additional soldier under him. To reconcile these diffi- culties, the Executive Agent placed a State fort (Burroughs) fully armed and equipped in the service of the United States, to which, with a distinct com- mand, Major Weeks was assigned.
This produced a reconciliation, after which the Executive Agent advised Gen. Richardson to order the number of troops which General Dearborn had requested into the United States service, upon the pledge of Gen. Chandler, that the officers of the militia should be continued in their respective com- mands; and although the jealousy of the militia afterward prevented their being actually mustered into the United States service, they were practically employed for the same purposes by an arrangement which the Executive Agent made with Gen. Richardson, to act as a volunteer, and to report in case of attack, to Col. Starks, Gen. Chandler's successor. The forts in the harbor, being embargo forts, intended to keep the American vessels in, rather than the enemy's out, were finished by the militia as fortresses of defence. With the exception of the eleven hundred required by the United States, the great number of troops was then dismissed, having been furnished with quarters and supplies at the expense of the State. To reconcile these difficulties was a work
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APPENDIX. [F.
`of great care, caution, and concession on the part of the Executive Agent and others in command who concurred with him.
Similar confusion existed at Bath and Wiscasset, to which Col. Sumner then repaired. After questions of rank between Major-Generals Sewall and King had been adjusted (the former being the elder officer, and the latter claiming that as the troops were all from his division he should have the command), a part of the troops of the two divisions under those officers were offered for Gen. Dearborn's acceptance. He at first declined to receive the detachment, unless it was organized in the same manner as a regiment of the regular army. Gen. King, although friendly to Gen. Dearborn, refused to reorganize it on that principle, and observed, "that if this plan was pursued and acquiesced in, the State would never afterward get respectable men to command the militia." The result was that Gen. Dearborn agreed to their organization into two bat- talions, each under the command of a lieutenant-colonel, and Col. McCobb, an officer of the United States army, was authorized to receive them into the Uni- ted States' service.
Another difficulty arose from the inability of the United States contractor to furnish supplies ; he, not having anticipated so large a number of troops, had neither provisions nor money, and the credit of the United States government was insufficient for the purpose ; - it was therefore agreed, after mutual con- sultation, to retain them in the service of the State, as the only method of ob- taining necessary supplies. This was done by the Executive Agent upon the credit of the State, by a contract with Joseph T. Wood. These troops were employed under their own officers, in the service of the State, with the advice of General King, the confidential agent and correspondent of General Dearborn, who supplied them with a ton of powder. As a result of measures which cannot be more minutely detailed, troops were stationed where needed, jealousies avoided, supplies furnished, the credit of the State pledged, and the coast then threatened put into a state of practical defence. And although meas- ures were taken by the Executive Agent in the dismissal of troops and in other points which did not come within the letter of his instructions, " to adopt every practicable means for the defence of that part of the State," yet the views of Governor Strong may be seen in the fact, that, when the letters detailing the measures adopted at Portland and other places by the Executive Agent were laid before the Governor and Council and the Commissioners for sea-coast defence, the Adjutant-General, in reply to them, informed Col. Sum- ner " that they produced an expression of entire approbation from each of the gentlemen to whom they were presented."
Col. Sumner subsequently received an additional commission from a newly organized Board of War, under His Honor Edward H. Robbins, as President, and repaired to Maine a second time, where he paid off the troops which had been mustered into service, disbursing over $200,000 from the funds of the State, for which services he received the thanks of the President for the effi- cient manner in which they had been executed.1
1 While Col. Sumner was in Maine engaged in the prosecution of his duties under Gov- ernor Strong's orders, the Boston newspapers announced his name as the candidate of the
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EAST BOSTON COMPANY.
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G.1
PAPERS RELATING TO THE EAST BOSTON COMPANY.
ACT OF INCORPORATION.
Commonwealth of Massachusetts.
In the year of our Lord one thousand eight hundred and thirty-three. An act to incorporate the East Boston Company in the city of Boston.
SECTION I. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Francis J. Oliver, Stephen White, William H. Sumner, and their associates, successors, and assigns, be, and they are hereby made a body corporate, by the name of the East Boston Company, for the purpose of improving Noddle's Island ; with the powers and requirements contained in " an act concerning corporations" passed March eight, A. D. one thousand eight hundred and thirty-three.
SECTION II. Be it further enacted, That said corporation may purchase, hold, and possess, in fee-simple and otherwise, all or any part of that Island, situate in the city of Boston, known by the name of Noddle's Island, with all the flats around the same, and the privileges and appurtenances thereto apper- taining, and all rights, easements, and watercourses therewith used and en-
Federal Caucus for member of Congress for Suffolk District. This was soon followed by another announcement that Andrew Ritchie was nominated by his friends for the same office. Foreboding a split in the Federal party, the papers afterward stated that the names of Col. Sumner and Andrew Ritchie were withdrawn, and that of Artemas Ward substituted. The reasons why the caucus candidate was not supported were never known to Col. Sumner until 1854, when he received a letter from his friend Charles W. Greene, Esq., from which, on account of its personal interest, he will be excused for making the following extract, as he will probably have no other opportunity : -
-" Potowomut, R. I., Sept. 19, 1854. "To the Hon. WM. H. SUMNER.
" MY VALUED FRIEND, - I replied in part to your letter of July 1st, and promised to write again. I was not aware of the various offices which you have filled. Since I knew you intimately I have always truly regretted my agency in preventing your election to Congress, where you would have attracted commendation and lionor to yourself, and would have shed credit upon your constituents. The fault was in that injudicious Ben. Russell. He nominated you with a lack of regard for us youngsters. We met at the Exchange Coffee-House, and Wm. Sturgis, myself, and one more, were delegated to wait upon him and inquire why the young men of Boston were not, as usually, consulted. His reply was, " if the young men of Boston wont step into the traces, they must be whipped in." We inquired if that was his reply, and he answered in the affirmative. We reported, and the storm of indignation which ensued at the Exchange swept every thing before it. This caused the rejection of the son of Gov. Sumner, and the son of Gen. Washington could not have succeeded under such circumstances. I have always been sorry.
"I am, with warmest regard and respect,
" Your assured friend,
CHAS. W. GREENE."
1 See page 449.
:
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APPENDIX. [G.
joyed, and to the proprietors of said Island belonging, with such personal property as may be necessary for the proper conducting of the affairs of said corporation; provided, that the whole real and personal estate of said corpora- tion shall not exceed, in value, the sum of five hundred thousand dollars; and provided, that the lawful owners or proprietors of such estate shall convey the same to said corporation. And said corporation shall also have power to sell and convey, lease, mortgage, or otherwise dispose of said corporate property, or any part thereof, and to manage and improve the same at its will and pleasure, with authority to construct dams, docks, wharves, and buildings, and to lay out streets and passage-ways within the limits of said Island, as it shall deem expedient.
SECTION III. Be it further enacted, That said corporation may, at any legal meeting, agree upon the number of shares into which the corporate estate and property shall be divided, and upon the form of certificates of shares to be issued to the proprietors, and upon the manner and conditions of transferring the same, which shares shall be deemed and held as personal property ; and said corporation shall have power to assess upon each share, such sums of money as may be considered as necessary for constructing, repairing, and maintaining dams, docks, wharves, and buildings, and for the improvements and good man- agements of the property of said corporation, and for the incidental expenses thereof; and to sell and dispose of the shares of any delinquent proprietor for the payment of assessments, in such manner as said corporation may, by its by-laws, determine ; provided, that no assessment shall be made at any meeting, unless agreed to by two thirds, at least, both in number and value, of those proprietors present and represented, nor unless notice of the purpose of such meeting shall have been given, ten days at least, previous thereto, in the man- ner prescribed by the by-laws.
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