USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 32
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The taxes were as high in 1782, and for several subsequent years, as for the six years preceding. Besides the immense debt, the annual instalments and interest of which required a large amount, and arrears of old taxes to be collected, con- gress called repeatedly for pecuniary aid, to discharge pressing demands on the United States, and to make partial payments to the officers and soldiers, when they should be dis- charged. This year the tax in Massachusetts was £200,000; and as it could not be collected for some time, the state was obliged to borrow, and to pledge the tax for payment. In most cases, the state was obliged to provide for the pay of the troops, and to place it to account of the United States, to be received at a future day.
In 1783, the tax was the same as the preceding year ; new loans were obtained, and the law for an impost went into
* This was John Adams.
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operation and produced no inconsiderable revenue. An exhibit by congress stated the sum wanted for the year to be $6,000- 000; 4,000,000, to be borrowed in Europe and $2,000,000 to be furnished by the states ; of which $320,000 would be the proportion of Massachusetts. At the same time, congress recommended to the states to raise 1,500,000 annually for twenty-five years; the proportion of which for Massachusetts would be $224,000.
When peace was announced, in the spring of 1783, it was the occasion of great rejoicing among the people ; and yet the prospect before them gave much apprehension and anxiety. The country was exhausted by the war of eight years, the debt was so immense as to lead many to say it was impossible to pay it ; and the creditors, as well those who had loaned money, as the officers and soldiers who had large demands and were entirely destitute, were impatient for pay- ment. The moment was full of difficulty, and required all the wisdom of the statesman and all the virtue of the patriot.
Soon after the peace, Governor Hancock urged the general court to make immediate provision for paying the officers and soldiers a part of their dues, and reminded them of " the obli- gations of the country for their meritorious services, which, (he said) should never be forgotten." An additional tax of $470,000 was voted for that purpose. These brave men had then returned to their families, after spending some of them three, and some five and even seven years in the public service and in defence of the liberties of the country. Con- gress had nothing to give them but fair promises and certi- ficates of their service and dues. They had often received the paper of the United States, when it was not worth more than twenty, or thirty or even forty for one in specie. Their certificates for wages still due were sold in the market, at one eighth of the nominal amount. Some of them depended on charity to reach their homes, where they found only poverty and want. It required all the influence of General Washing- ton and other patriotic officers to quiet the minds of a great portion of the army, who demanded substantial proofs of public gratitude, and who were led to believe that congress might afford them some immediate relief. A few of the officers advised their companions in the army to remain together after the peace, till they should receive compensation in part, and satisfactory security for the residue. But congress had not the ability to do it. Washington promised to exert his in- fluence in their favor; and then discharged parts of the army at different times, till the whole were disbanded. General
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Knox and Colonel Brooks, of Massachusetts, were particularly active in mediating between the army and congress. But with all the efforts made, though a large body of troops were induced to retire in peace to their homes, their own privations and sufferings were very severe, and they realized but a paltry amount for their invaluable services.
At the close of the war, in 1783, the population of Massa- chusetts was nearly 360,000. The increase for eight years had been only 10,000. In a time of peace, for the same period, it would not have been less than 100,000. Besides those slain in battle, many of the soldiers died with sickness in camp, and many more in the prisons of the enemy. Most of the Americans who were taken, whether on sea or land, were thrown into prison-ships at New York : and many thou- sands died, by inhuman treatment or gross neglect .*
# In 1783 Mr. Hancock was governor, Samuel Adams president of the senate ; E. Gerry, S. Higginson, G. Partridge, S. Gorham, and S. Hol- ten, were members of congress. In 1784, Francis Dana, who had been minister to Russia, was a member of congress ; and in 1785, he was ap- pointed a justice of the supreme judicial court.
CHAPTER XXIV.
Slavery discountenanced in Massachusetts-Supreme Judicial Court de- cide against it-John Lowell an advocate for its abolition-General Court request an adjustment of accounts and claims on the United States-and object to the appointment, by congress of any of its members to lucrative offices-Requisitions of Congress-Military peace establishment-Terms of treaty and peace with England-Massachusetts objects to some of the conditions-Time of complaint for high taxes-Governor Hancock re- signs-James Bowdoin chosen governor-His political opponents-Par- ties forming-Public discontents-Great debt, and no system to discharge it-Speech of Governor Bowdoin, on the occasion-Proposes to pay off the debt, and to enlarge the powers of Congress to regulate foreign trade -Immense public debt-Difficult to provide for it-People complain, and resort to force-Punishment for crime.
IN 1783 the involuntary slavery of the people of color in Massachusetts was in effect condemned and prohibited, by a decision of the highest judicial tribunal in the state. An ac- tion was commenced in 1781, before a lower court, in the county of Worcester, against the master and owner of a slave for an assault and battery made by the master. The defence set up was that the person on whom the assault was alleged to be made, being a slave, the owner might beat him at his plea- sure ; and was not therefore amenable to the law for an assault. The case appears to have been decided on great constitutional principles, recognised in the declaration of the bill of rights, " that all men are born free and equal."* The master was convicted of an assault and fined. Those who continued in service afterwards, in the state, remained so rather voluntarily than by compulsion. Public opinion was altogether against domestic slavery. It was believed to be incompatible with the principles of civil liberty, for which the people had been contending, and contrary to the spiritof christianity. Instances
*The decision of the court was, "that the man assaulted or beaten was not a slave;" and was founded on the opinion that slavery was not authorized by law or statute, and though it had been permitted to keep negroes in such a condition, the principle could not be legally recognised and sanctioned, and that the plea of the master in defence of the beating could not be justified.
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were to be found, however, after that period, of the con- tinuance of slavery, though it was probably voluntary ; as some aged persons, of this description, chose rather to remain in the families where they had long lived, than to be cast des- titute on society. Before the revolution, domestic slavery was not uncommon in the large towns in Massachusetts ; and as late as the year 1774, the public papers usually contained no- tices of black slaves for sale. The slave-trade had indeed, been long discountenanced and forbidden, even from a very early period, (1645,) though both Governor's Bernard, in 1765, and Governor Hutchinson, in 1773, were instructed, to give a negative to bills to suppress it, passed by the house of assembly of Massachusetts. The judicial courts were opposed to it. In 1770, when an African was brought into the pro- vince by a British vessel, as a slave, he was urged to sue for his freedom ; and the court ordered him to be set at liberty. The case was decided, by reference, (as a precedent,) to the principles then recognised in England, that whenever a slave put foot on its territory he became free .*
As the efforts and expenses, on the part of Massachusetts, for support of the war of the revolution, were supposed to be greater than its just share, the general court instructed their delegates, in 1784, to request a settlement of the accounts of the state : and when an adjustment was afterwards made, this was found to be the fact. The general court proposed also, at this period, that congress should have power to regulate foreign commerce for the United States ; but it was not approved by all the other states. Some of the states had also omitted to provide impost duties for a public revenue ; and this operated to an evasion of the laws for that purpose in the others. The same year the general court passed a resolution, in which they gave an opinion, that it was improper in congress to appoint any of its own members to lucrative offices.
In April, 1784, congress called for $5,500,000, for the expenses of that year, including claims against the continent, which ought then to be satisfied : but stated, at the same time, that the $12,000,000 before required for the term of three years, would be sufficient to meet present demands, if promptly collected. The portion of the last sum, required of Massachu- setts, was $1,800,000 ; and the state was still in arrears for this amount, in the sum of $730,000; and if this could be paid, no additional tax was called for, to meet the requisitions
* John Lowell, a celebrated lawyer, took an active part in favor of the colored people held in bondage, and offered them his professional aid, with- out fees.
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of congress ; still, the amount due on former taxes, and an appropriation for payment of a part of the wages due the sol- diers, according to a promise of the preceding year, and the bonds for impost duties, made a large sum, which it was extreme- ly difficult to raise. Added to all which, congress called for $636,000 in a way confidential, to satisfy immediate demands ; and Massachusetts was assessed $95,000 of that amount. There appeared to be an unwillingness to have the full demands on the country publicly known. It was afterwards found, that the sum was wanted to pay the interest and an instalment on a debt due in Europe, borrowed by Dr. Franklin for the use of the United States.
While congress was consulting on the subject of a permanent military establishment, the delegates from Massachusetts were instructed by the general court to oppose the maintenance of a large force. The expense was one objection with them ; but they were opposed from principle to having a standing army in time of peace. The number of regiments proposed to be retained was six ; four of infantry, one of artillery, and one of engineers. The principal argument in favor of retaining so large a force was, that the British had not given up the posts on the west and northwest frontiers, as the treaty provided ; and that some tribes of Indians manifested a hostile disposition.
The treaty of peace provided, that there should be no further confiscation of the estates of refugees; that creditors should recover all bona fide debts ; and that congress should recommend to the several states to restore the property of British subjects living in the provinces, still under the government of England, and who had not borne arms against the United States. The general court in Massachusetts did not readily comply with all these articles. In 1784, a law was passed, in which, assuming to be a sovereign state, and asserting authority to forbid the residence of aliens, and to decide for itself what would be a proper treatment of such persons, it was enacted, " that those who fled to the British in the revolution, were to be considered and treated as aliens, and not entitled, therefore, to claim and receive any property which they left in the state; that no estate already confiscated should be restored ; that the credits, as well as real estates of the absentees, belonged to the com- monwealth ; and that they could not be allowed to return to it." It was also ordered that actions, brought in the judicial courts, by British subjects, be suspended, as the legislature doubted whether interest ought to be allowed during the period of the war. But the resolution was deemed improper, especially as it was for the judicial court, and not for the legislature, to
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decide the question. Congress afterwards declared, that the treaty was binding on the several state legislatures, and enjoined a repeal of any acts repugnant to its terms. Massachusetts complied with this judgment of congress, at its next session. No further confiscations of the estates of refugees took place ; some, then recently made, were restored; and the supreme executive of the state was authorized to permit the return of such persons as had not aided the British in the war.
In the winter of 1785, Mr. Hancock resigned the office of chief magistrate, on account of his feeble health ; and Lieuten- ant Governor Cushing occupied the chair the residue of the political year. There were, however, some complaints against the governor from the people, that efficient measures had not been more promptly adopted to collect the public taxes. The arrears were of great amount, and had been standing against some towns for several years. The inability of the people was the constant excuse ; and it was such as to call for all the clemency and forbearance which could be prudently exercised ; but it was eventually of no relief; and the delay of collecting the taxes gave the successor of Governor Hancock more than ordinary difficulty .* .
James Bowdoin was chosen governor for the political year commencing May, 1785. This election was by the members of the general court, as there was no choice by the votes of the people. There was a vague and unjust charge against Mr. Bowdoin, of attachment to the British government,t which was made by those ignorant of his real character, and who seem to have forgotten his able services in the most critical periods of the country. Mr. Bowdoin was among the earliest and most decided opposers of the oppressive and arbitrary measures of the British ministry ; he was one of the ablest opponents of Governor Hutchinson, and often received his particular dis- approbation, and his refusal to a seat in the council. He was one of the five delegates first chosen to the continental congress, in 1774-and was the first president of the executive council,
* Mr. Hancock was a sincere patriot, and gave the strongest proofs of his attachmet to the liberties of the country, in the sacrifices he made of his property. Yet he was sometimes charged with a desire of popularity, and a want of firmness, which are certainly defects in the character of a public man, in periods of peculiar trials. Mr. Hancock was chosen one of the representatives for Boston in 1785; and was again appointed a delegate to congress, when he was elected president, for the short time he remained. The other delegates to congress, in 1785, were Messrs. Gerry, Partridge, Holten, and King.
t So early was this charge made, for party purposes, or in ignorance, against some of the purest patriots in the state or nation.
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when the government of Massachusetts was organized in 1775, soon after the war began.
When Mr. Bowdoin was placed in the chair, the state and country were in a critical situation. The difficulties of a pub- lic nature were almost as great as at any period of the war. A spirit of discontent prevailed to such a degree, as to make the most patriotic rulers extremely anxious; and Governor Bowdoin felt all the responsibilities of his station. The de- mands on the state amounted to $10,000,000, including its portion of the continental debt: and no system of credit had been adopted, to give satisfaction to the numerous creditors. The greater part, indeed, were clamorous for immediate pay- ment. There were objections to the allowance of five years' pay to the officers of the late army, which added largely to the public debt. Some were dissatisfied with the excise as unjust, and some with the impost, as disproportionate. The commer- cial relations of the country had been neglected; or, if not wholly neglected, the different regulations of different states operated injuriously. The British availed themselves, in a great measure, of the carrying trade of the country. And the return of refugees, under the treaty of 1783, was matter of bitter complaint, in many places. 'The taxes had then been very heavy for several successive years, and the resources of the state seem to have been entirely exhausted. The majority of the people were disposed to make all possible efforts to restore and support the credit of the state: but time only could effect it. There were a few, however, in the community, who exaggerated the difficulties of the times, and imputed inability or neglect to the legislature. The public address of the gov- ernor to the general court, at this time, proves at once the burdens of the people, and his desire to provide relief.
"To maintain the credit of the state," he said, "was the first object ; and this must be by a punctual payment of interest, and a gradual diminution of the principal of the public debt. Great efforts would be necessary for several years to effect it. Industry and economy would be required as aids. It must be with the state as with an individual. There should be retrench- ment in expenses, and old debts be paid as speedily as possi- ble." He appealed to the patriotism of the people to remove and overcome the difficulties which surrounded them. He then referred to the state of the commerce and trade of the country, which required particular attention, to counteract the designs of Great Britain; which, he said, had only in view the profits of her own merchants. There must be laws to regulate trade in the United States, so as to render mercantile pursuits
38
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as profitable as they might be, and to check the monopoly and the restrictive policy of England. The state might do some- thing for this purpose; but, in his opinion, "it was necessary to give to congress the authority to regulate foreign commerce with and for all the states." He recommended, at this time, that the powers of congress should be enlarged for that purpose. The articles of confederation he considered inadequate to the state of the country, or to provide a remedy on the subject of foreign trade; and he even suggested, that there should be a convention, to increase the authority of congress in this respect. In the same speech, the governor proposed establishing a large manufactory of pot and pearl ashes, in the interior of the state, to be supported by the government, which he believed would yield immediately a large income. At that time there was an unusual demand for those articles in England; and was the chief thing, except specie, sent from Massachusetts for the payment of English goods. But the plan was never adopted.
The general court received these sentiments of the governor with entire approbation, and manifested their purpose to give them effect. They declared their resolution to spare no efforts to support the public credit, and to provide for the payment of the debt of the state. On the subject of an increase of the powers of congress, they passed the following resolves :- " As the prosperity of a nation cannot be secured without a due de- gree of power in the rulers, the present embarrassed state of our public affairs must convince every one of the necessity of a revi- sion of the powers of congress, and as it is the right and duty of every state in the union fully to communicate their senti- ments to the rest, on subjects relating to their common inter- ests, and to solicit their concurrence in such measures as the exigency may require-Resolved, that in the opinion of this court, the present powers of congress are not adequate to the great purposes they were designed to effect: Resolved, that it is highly expedient there should be a convention of delegates from all the states of the union, as soon as may be, to revise the articles of confederation, and to report to congress how far it may be necessary to alter and enlarge the same: Resolved, that congress be requested to recommend a convention of dele- gates from the several states, to revise the confederation and to report how far it may be necessary to enlarge the same, to secure and perpetuate the primary objects of the union."
* Thus early did Massachusetts propose an enlargement of the power of congress, for general purposes; especially for regulating commerce with foreign countries, and for raising a revenue from it, to support the public credit. Governor Bowdoin is entitled to the honor of first urging it. And it was necessary such a proposal should come from the authority of the states ; and not originally from the people.
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These proceedings were communicated to congress, for its consideration and action ; and also to the other states, request- ing them to pass laws for regulating foreign commerce; but particularly urging them to give additional powers to congress, to make uniform regulations for the whole country. In Octo- ber and January following, Governor Bowdoin presented the subject again to the general court, and advised that full power be given to congress, to regulate the commercial intercourse of all the states with foreign nations. The evils attending the acts of the separate states, diverse and various as they were, were felt most sensibly in Massachusetts; and the general court made some attempts to remedy them, by prohibiting British vessels to carry the products of the state; they were also forbid entering and unlading, when they brought cargoes from ports from which American vessels were excluded; and only three places of entry were allowed within the state.
The advice of Governor Bowdoin, and the resolves of the general court of Massachusetts thereon, no doubt led to a pro- posal by Virginia, early in 1786, to hold a convention in Mary- land, composed of a committee from every state in the union, to take into consideration the trade and commerce of the country ; and to agree on some general plan, or to invest con- gress with full power on the subject. The general court of Massachusetts appointed a committee, and some other states adopted the same course ; but only five states were represented, and no plan was formed ; but it was the opinion of the meeting that a convention should be held the following spring, com- posed of delegates from all the states, "to revise the articles of confederation, and to give sufficient power to congress to make and enforce such regulations as might be necessary for the credit, respectability, and prosperity of the country."
The requisitions of congress for large sums, in 1785 and '86, and the payments of interest and instalments of principal to be made by the state for its own debt, together with large deficits of former taxes, pressed heavily on the people, and led some almost to despair. The governor gave incessant attention to the subject of the finances of the state ; far more than had been usual, or his duty was supposed to require. But he was de- sirous of forming some plan which would support the public credit, and afford all possible relief to the people. The proper debt of the state was $5,000,000, and the portion of the con- tinental debt, which Massachusetts must provide for, was fully equal to that sum. The revenue from excise and imposts, for the year 1785, was estimated at $190,000. But a greater sum was expected from imposts; added to which a tax of
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$333,000 for fifteen years, it was calculated, would discharge the whole debt. The difficulty was to effect this. The pros- pect was appalling to many ; and some soon became desperate, and rose in arms against the authority of the state. There was another cause of embarrassment; during the years 1784 and 1785, there were large importations of British goods on credit ; the time of payment had arrived, and many who had been ex- travagant in purchasing, thought it first necessary to pay these debts, as far as they were able, and to leave the payment of their taxes to some future day. The governor urged the general court to make every effort to discharge the public debt. " It was difficult, (he said,) he was aware, and would require some sacrifices, but such efforts and such sacrifices must be made, or the credit and peace of the country would be lost." Had the taxes for 1781, '82, '83, and '84, been promptly paid, the pressures of 1785 and '86 would not have been so great. It would have required, indeed, uncommon exertions ; but there would have been found less evils, than arose from an accumulation of burdens within a single year ; or those resulting from a desperate attempt to prevent the payment altogether by a resort to lawless force.
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