History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 145

Author: Hurd, D. Hamilton (Duane Hamilton) ed
Publication date: 1888
Publisher: Philadelphia, J. W. Lewis & Co.
Number of Pages: 1672

USA > Massachusetts > Essex County > History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II > Part 145

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Captain John Peabody.

Dr. Thomas Kittredge.2

Captain John Abbot.

CHAPTER CXXXIII.

ANDOVER-(Continued).

FORMATION OF CONSTITUTION-INCIDENTS.

THE war having been brought to a satisfactory close, and independence of Great Britain having been achieved and acknowledged by the European powers, the next important and scarcely less difficult task to be undertaken was the formation of a national gov- ernment. The problem was how to combine into one nation thirteen widely separated States, with strong sectional and hereditary prejudices, with conflicting interests and sentiments, and diverse social habits, while giving reasonable liberty to each individual, adequate powers to cach separate State for the proper conduct of its domestic affairs, and at the same time to confer sufficient power upon the central government to make its authority obeyed at home and respected abroad. The immediate solution of this intricate problem was forced upon the statesmen and people of the country.

The Articles of Confederation, under which the war had been conducted to the desired issue, were felt to be totally inadequate for the basis of a permanent and ef- fective government. The outside pressure of a des- perate war for existence being removed, there was not sufficient adhesion in the confederation to prevent

the States from falling asunder, and thus creating con- fusion, rivalry and strife. The confederate Congress it- self recognized this fact, and called a convention of the States to meet in Philadelphia to consult upon the condition of the country, and recommend such changes in the then-existing form of government as they might deem wise and necessary. This convention met, ac- cording to the call, on the 14th day of May, 1787. Sixty-five delegates, from twelve States, were elected to this assembly, ten of whom never attended. George Washington was made President of the Convention. After four months' thoughtful deliberation and discus- sion, a plan for a Constitution was submitted to a vote of the convention, approved by a majority of its mem- bers and signed by thirty-nine of them. It was then duly submitted to the Continental Congress, and by this body sent to the several States for amendment, ratification or rejection. It at once became the subject of lively discussion the country over. People differed widely as to its merits and the wisdom of its adoption. Leading statesmen were arrayed on either side of the question. The yeomanry of the country divided in like manner. With this state of feeling among the people, the Legislature summoned a convention to meet in Boston on the 9th of January, 1788, to take into consideration the project for a national Constitu- tion and to act thercon.

The delegates to this convention from Andover were Dr. Thomas Kittredge, Peter Osgood, Jr., and William Symmes, Esq. The first two were men in mature life, of tried judgment and experienced in public affairs. The third was a promising lawyer, twenty-seven years of age, the son of the fourth pastor of the North Andover Parish, who had secured the respect and confidence of his fellow-townsmen by his ability, integrity, fairness and independence. This was his first appearance as a representative of the town in a deliberative assembly. The prevailing senti- ment of the town was admitted to be against the adoption of the proposed constitution, and the dele- gates were understood to be in accord with the pre- vailing sentiment. As early as the 15th of November preceding, nearly two months before the meeting of the convention, Mr. Symmes wrote a private letter to Mr. Osgood, afterwards chosen his colleague, at the request of the latter, giving his impressions as to the new Constitution. In this letter he reviews in detail its more important provisions, condemning some of them in scathing language, while criticising others as of dangerous tendency. The chief brunt of his criticism is levied against the great power vested in the National Congress, the Judiciary and the Presi- dent. In the closing paragraphs of his lengthy letter he says : "With regard to the Constitution taken into one view, it is a complete system of Federal govern- ment, every part of which is full of energy, and if it be established, I think it can never fail of being obey- ed by the people ; and no combination can ever be sufficiently extensive or secret to subvert it. In short,

1 Of Methuen, in the latter part of his service.

2 Surgeon of First Regiment.

Captain Stephen Abbot. Captain Jobn Adamıs.

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the system would make us formidable abroad, and keep us very peaceable at home, and with some amend- ments, might do very well for ns, if we would be con- tented to become citizens of America, and confuse the thirteen stripes and change the stars into one glori- ous sun. Let us pause. It is not in a few light strict- ures, it is not, perhaps, in the most acute and methodi- cal essay, that the merits of this unexpected, this wonderful system can be strictly defined. Reading can- not be applied, and experience is out of the question. Thus much we may casily perceive : it is a great, almost a total, and probably a final change with regard to every state. So great a revolution was never before proposed to a people for their consent. In a time of profound peace, that a matter of such infinite concern should be submitted to general debate throughout such an empire as this, is a phenomenon entirely new. Let us make a due return to that Providence by which we enjoy the privilege, by using it like a wise, pru- dent and free people. Let us equally shun a hasty acceptance or a precipitate rejection of this all-im- portant scheme. And if our final decision be the effect of true wisdom, let us never doubt the end will be happy."

The late Hon. Nathan Hazen, of Andover, who delivered an appropriate address on the life and char- acter of Mr. Symmes at Andover, in the winter of 1859-60, considers this letter as " probably the earliest review made of the entire instrument." It is undoubt- edly a fair expression of the views held by a large number of the intelligent citizens of the town at the time, and on this account merits this extended notice.

When the convention assembled, it was understood that a majority of the members were either decidedly opposed to the ratification or strongly leaning in that direction. But the friends of the measure, if in the minority, comprised some of the ablest, most exper- ieneed and most trusted men in the State, among whom were John Hancock, Theophilus Parsons, Rufus King, Fisher Ames, James Bowdoin, Caleb Strong and Samuel Adams. With candor, with urgency and cloquence, the friends of the measure justified its ob- jectionable provisions and proclaimed its necessity.

Among the foremost of those to oppose it was Mr. Symmes. After listening to the debate for a week, he arose, and with a modest exordium, in which he ex- pressed his hesitation at differing from men so much his superiors in age, wisdom and experience, gave his reasons for opposing the instrument, especially that se tion relating to taxation and collection of the revenues. This speech was a clear, forcible and can- Il presentation of the chief arguments of the oppo- nents of the measure, and placed Mr. Symmes at once unbne the foremost leaders of the opposition in the chamber. In closing, with rare frankness addressing the chair, he said, "Sir, I wish the gentlemen who so ably advocate this instrument would enlarge upon this formidable clause," (that giving Congress power of taxation and raising revenue), "and I most sin-

cerely wish that the effect of their reasoning may be my conviction. For, sir, I will not dishonor my con- stituents by supposing that they expect me to resist that which is irresistible-the force of reason. No, sir; my constituents wish for a firm, efficient conti- nental government-but fear the operation of this which is now proposed. Let them be convinced that their fears are groundless, and I venture to promise in their name that no town in the Common- wealth will sooner approve the form or be better subjects under it."

Theophilus Parsons and others made reply to this forcible speech, with such convincing arguments, and set forth the necessity of a strong government with such persuasive reasons, as to carry conviction to the mind of Mr. Symmes. And when John Hancock moved certain amendments to the instrument, which were adopted by the convention -(following Mr. Turner, who had also opposed, but now strongly favored it)-he arose and said, --

"MR. PRESIDENT, 80 ample have been the arguments drawn from our national distress, the weakness of the present confederation, the danger of instant disunion, and perhaps some other topics not included in these, that a man must be obstinate indeed to say, at this period, that a new government is needless. One is proposed. Shall we reject it totally, or shall we anieud it? Let any man recollect or peruse the debates in this assembly, and, I venture to say, be shall not hesitate a moment, if he loves his country, iu making his election.

"Upon the whole, Mr. President, approving the amendments, and firmly believing they will be adopted, I recall my former opposition, such as it was, to this Constitulion, and shall, especially as the amend- ments are to be a standing instruction to our delegates until they are obtained, give it my unreserved assent.

"In so doing I stand acquitted to my own conscience. I hope and trust I shall to my constituents, and know I shalt before God", (lay- ing his hand on his breast).

This was a manly utterance; heroic, too, in the face of the recent vote of his constituents; for, while the debate was going on in the convention subsequent to the first speech of Mr. Symmes, the town held a meeting "for the purpose of expressing the senti- ments of the inhabitants on the subject of the Fed- eral Constitution." This meeting was more numer- ously attended than any preceding one in its history, and strong feeling was manifested. On the question being put by Judge Phillips, the moderator, one hun- dred and fifteen votes were counted in favor of the ratification of the Constitution, and one hundred and twenty-four for its rejection. The two colleagues of Mr. Symmes voted in accordance with this action of the town, though the town refused to give instructions to her delegates.

The course of Mr. Symmes, in changing his attitude from that of an outspoken opponent to that of a decided friend of the measure, and his vote for its ratifica- tion, had undoubtedly great weight with the wavering members of the convention. Mr. Hazen thinks it probably changed the final vote from rejection to ratification. He reasons in this wise: "It is moder- ate to suppose that, being the ablest member in the opposition, his knowledge the best, his motives wholly unimpeached, and yielding, as he declared,

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ANDOVER.

only to the power of argument irresistible by his own mind, changing his views, and ranging himself on the other side, in so large an assembly, he woukd carry nine votes besides his own. The change of vote in this number only would have reversed the judgment of the convention. If, then, he led nine delegates for the Constitution, who, but for his persua- sion, would have voted against it, we probably owe to his action whatever benefits the country has de- rived from the adoption of the Federal Union by Massachusetts at that time. The contemporary opinion was, that, if it had been rejected by this State, it would not have been accepted by nine others." In this view of the matter, the self-sacrific- ing action of the young, independent and conscien- tious lawyer from Andover was of inestimable benefit to the whole country. No one now doubts the wisdom or, in fact, the necessity at that time of the adoption of the Federal Constitution.

But Mr. Symmes paid the penalty of disregarding the expressed wishes of his excited constituents. On returning home he met with a cold reception. His honesty and heroism were not appreciated. Friends fell away. Of a sensitive nature and con- scions of his own rectitude, he could not long brook this distrust and alienation of his fellow-citizens. He soon removed to Portland, Maine, where he achieved eminence and acquired property. The division which took place in the town on this question was unprecedented and long continued. Says Abbot, in his "History of Andover" (1829), "the disagreement on this subject was the occasion of a lasting division in town."

After the adoption of the Constitution and the election of Washington to the Presidency, nothing of special interest seems to have occurred in the civil history of the town for a number of years. Certain events of local interest that transpired at divers times it may be well berc to mention.

It is said that a slave named Salem Poor, belonging to one of the Andover companies that fought at the battle of Bunker Hill, shot and killed Lieut .- Colonel Abercombie, of the British army. The story runs that, on the withdrawal of the Americans from the redoubt, in defending which they had exhausted their ammunition, the British colonel sprang upon the parapet exclaiming, "The day is ours!" Salem, hearing the boastful shout, turned around, and, taking deliberate aim with his musket, shot the officer dead. For this act he was highly commended by the officer in command, and became quite a hero in his com- pany. At a later day he was called "a brave and gallant soldier" in a memorial to the Legislature recommending him as deserving some fitting reward.

On the 23d day of May, 1783, James Otis died, at the house of Mr. Jacob Osgood, in Andover, West Parish, where he had resided for some time. This gifted man had been among the foremost, firmest and most effective patriots of the country in his pronounced

resistance to the tyrannous acts of the British Parlia- ment. His eloquent speeches and forcible writings enlightened and electrified his countrymen. In the month of February, 1761, at the beginning of the controversy between Parliament and the colonics, "in the crowded council-chamber of the old Town House in Boston," before Chief Justice Hutchinson and his four associates, arguing against the act of Parliament empowering the collectors of customs to call to their assistance all the executive officers of the colony, he appealed to reason, universal principles founded in truth, the charter of Massachusetts and to the British Constitution itself, declaring that "an act of Parliament against the Constitution is void." So effective was this speech that Hutchinson secured from his associates a delay in their decision. It was likewise the electric spark that fired the soul of the young barrister, John Adams, as he sat listening in the council-chamber. It was the bugle-note which heralded the coming Revolution. Says Bancroft, " With a tongue of flame and the inspiration of a seer, he stepped forward to demonstrate that all arbitrary authority was unconstitutional and against law." This speech before the colonial justices has been called the "opening scene of American resistance." From this time for five years on ward we find the name of James Otis associated with the names of Samuel Adams and Joseph Warren in all the patriotic move- ments of the colony antagonistic to the encroach- ments of the mother country. But, most unfortu- nately, his work came to an untimely close. Being of a sensitive and excitable nature, his splendid in- tellectual powers gradually gave way under the heavy strain put upon them. Enfeebled in mind, but not demented, he lived to see the close of the war, passing his last years at the house of Mr. Osgood. On the 23d of May, a month after the proclamation of peace, a storm coming up, the family hastily came together in the sitting-room of the house. Mr. Otis, with a cane in his hand, stood leaning against the entry-door, diverting the household with a story, when there suddenly came a vivid flash of lightning attended by a clap of thunder that shook the building to its foundations. Without a word, or the movement of a muscle, Mr. Otis fell dead into the arms of Mr. Osgood, who, seeing his condition, sprang forward to catch him. No other person in the room was in the least harmed. No slightest mark could be found on the person of Mr. Otis. He had frequently expressed a wish to die by a stroke of lightning. A kind Provi- dence granted his prayerful desire. There is some- thing in the taking off of this aged patriot by a flash of lightning in singular consonance with the fervid, brilliant and effective oratory of his earlier years.

At the opening of the war a serious difficulty was encountered by the Americans from the lack of ammunition. When Gen. Washington, on taking command of the troops at Cambridge, began to make

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HISTORY OF ESSEX COUNTY, MASSACHUSETTS.

preparations for an attack upon the British in Boston, he found to his consternation that there " were not more than about thirty barrels of powder in the camp," and when, after considerable delay, a partial supply had been obtained from the Jerseys, he had searcely ammunition to serve for more than a single day in a general action. This was an alarming state of things to be kept profoundly secret from foes, and told only in whispers to trusted friends. As one of the confidential friends of the General, and a member of the Massachusetts Assembly, Mr. Samuel Phillips, Jr., became aware of the fact. On the 3d of January, 1776, Mr. Phillips made a proposal to the Provincial Legislature to erect a powder-mill in Andover, with their approval and co-operation. This proposal was accepted, and an agreement entered into to supply him with saltpetre and sulphur, and a bounty of eight pence per pound was granted him for all the powder he should furnish. He was to sell to the gov- ernment only, or, with their approval, to other States. Mr. Phillips at once entered upon his novel under- taking. Purchasing a mill-seat on the banks of the Shawshin River, he summoned his neighbors to aid him in constructing a canal, frankly telling them the state of things, and saying, "I want your help, and will engage to pay you, if the business pays; but if it fails, you must consent to lose your labor ; the powder is needed for the common cause, and we must work together." They eagerly engaged in the ardu- ous work, which was soon completed, Mr. Phillips himself, shovel in hand, working with the rest from morning till night. By the 10th of May he began to deliver powder from his mill, and during the year large supplies were furnished from it for the army and war-vessels,-not less than fifteen thousand and six hundred pounds. In the nrean time other mills had been erected; but this was the chief manufactory in the country. The powder-mill, thus patriotically built, proved a pecuniary success, and was continued in operation till 1796, when, having for the second time been partially demolished by an explosion, the business was abandoned.

In the early part of his first administration Wash- ington made a tour through the Eastern States for the benefit of his health, and for the purpose of making personal observations as to the condition of the peo- ple and country. He left the executive residence in New York on the 15th of October, 1789, in his pri- vate four horse carriage, attended by his official and private secretaries. His entire journey was an ova- tion.

On his way from Boston to Salem a company of horsemen from Andover, under Capt. Osgood, consist- ing of fifty men or more in red uniforms striped with green, met him at Lynn, and continued as his escort till he reached Portsmouth. This marked attention was paid the President at the instance of Judge I'll be, a personal friend and enthusiastic admirer.

On the return journey the Presidential party passed

the night in Haverhill. Taking an early start the next Thursday morning, November 5th, they breakfasted in Andover at the tavern of Deacon Isaac Abbot, now the residence of the Hon. Samuel Locke. The biog- rapher of Judge Phillips, Prof. J. L. Taylor, relates, " that while tarrying here he asked the little daugh- ter of Deacon Abbot to mend for him his riding glove; and when she had done this, took her upon his knee and gave her a kiss, which so elated Miss Priscilla, that she would not allow her face to be washed again for a week."

After breakfast the President was conducted by Mr. Phillips to his mansion on the hill, in the south- east parlor of which he was introduced to Madam Phillips and familiarly entertained by herself, the Judge and their children for half' an hour or so. The moment her distinguished visitor left the room, the courtly madam " tied a piece of ribbon upon the chair he had occupied during the interview, and there it remained ever afterwards until the day of his death, when she substituted for it a band of crape." The people gathered in large numbers on the green before the Mansion House to gaze upon the face and form of the man who had earned the title " Father of his Country." To gratify this laudable and affectionate curiosity of the people, the President, mounting his horse, rode upon the green, and there received the hearty greetings of the crowd of men, women and children, after which he departed for Lexington, attended by Judge Phillips and a cavalcade of citizens. The tavern where Washington took breakfast became thus a place of note, and still continues an object of interest to the inquisitive.

Judge Phillips' residence, built in 1782, was, at the time, the largest and finest house in town. After his death it was purchased by the trustees of Phillips Academy, and, under the name of the Mansion House, has been one of the best-known landmarks of Andover. In the early morning of November 29th, 1887, fires burst forth in two separate portions of the venerated and almost sacred building, and the morning light showed only the three tall chimneys left standing among the smoking ruins.

During the administration of President John Ad- ams the relations of our government with the Re- public of France became severely strained. The French Directory treated our plenipotentiaries with marked insolence, openly made aggressions upon our commerce, sent emissaries to stir up a faetious op- position to the administration, persisted in extrava- gant demands for money, and, in manifold ways, by irritating acts, brought the two republics fearfully near an open rupture. In this perilous condition of affairs, the whole country being in a feverish state of anxiety, a legally called meeting of the inhabitants of the town was held on the 14th day of May, 1798, for the purpose, as the call reads, " to see if the town will take any measures for expressing their approba- tion of the measures taken by the President of the

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United States in regard to the French Republie, and that we will support our government against the se- cret or open attempts of any nation whatever." There was an exceptionally large attendance at this meeting. After a free discussion regarding the state of affairs, a committee was selected to prepare an ad- dress to the President. The members of this com- mittee were " Hon. Samuel Phillips, Moody Bridges, Thomas Kittredge, Joshua Holt and George Os- good. After a short recess the committee made the following report :

" To the President of the United States :

" Sir, We, the freeholders and other inhabitants of the towo of Au- dover, in the Commonwealth of Massachusetts, beg leave to join the multitude of our fellow-citizens in presenting yon our warmest grati- tude for that wisdom, vigilance, integrity and patriotism which have marked your administration ; and in particular, for your persevering so- licitude to preserve to these States the blessings of peace and neutrality, upon such terma as would consist with the preservation of our essential rights and interests

"Although repeated attempts to accommodate subsisting differences with the French Republic have not produced the effect which might have been rassonably expected, they may prove essential means of our political salvatioo by uofolding the designs and enormous demands of that government, which we have been unwilling to conclude our enemy. This disclosure must produce universal conviction that no, hope of safety is left for us withont our own united virtuous exertion.

" We therefore again thank you, sir, for your solemn Hod repeated calls oo the proper departments to make the most speedy and effectual provision against the worst avents ; for your firm resolution that you will never surrender the independence or essential interests of the coun- try ; and for summoning the people to unite with you in supplicating the direction and blessing of that Almighty Being under whose pa- tronage, if not criminal ourselves, we have nothing to fear from any power oo earth. In the same resolution we hold it to be our dnty, with tbnt of avery American, cordially to concur.

"Every attempt to detach us from our government, which is tha work of our own hands, and from whence we have already derived blessings far surpassing the highest expectations of its warmest admir- ers-we repel with indignation.

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History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 145

Author: Hurd, D. Hamilton (Duane Hamilton) ed Publication date: 1888 Publisher: Philadelphia, J. W. Lewis & Co. Number of Pages: 1672

Author: Hurd, D. Hamilton (Duane Hamilton) ed
Publication date: 1888
Publisher: Philadelphia, J. W. Lewis & Co.
Number of Pages: 1672