USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 33
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In 1785, a change was made in the criminal law, as to cer- tain offences which had before been punished by mere imprison- ment, or by whipping and sitting on the gallows : and the pun- ishment provided was confinement to hard labor, on Castle Island, near Boston. The feelings of the people were averse to corporal punishment, and it was believed the criminal was hardened by such treatment.
It was a question, whether confinement to hard labor was not a sufficient punishment, and whether there could not be some hope also of the reformation of the criminal. Houses of correction in the counties were not then provided ; and many offenders were confined together in the jails without employ- ment, and at leisure to devise further plans and modes of mis- chief. This experiment led to the state penitentiary at Charlestown afterwards ; but the results of the system have been viewed very differently by different individuals, who pro- fess to have examined into the subject .*
Itis now the general opinion, that the objection against the peniten- tiary is owing to the abuses and imperfections of the system, when first es- tablished. Many were crowded into the same room, or cell ; and there was no classification for those of different degrees of criminality. These defects have been remedied ; the criminals are kept separate, and are also favored with moral and religious instructions, The benefits of penitentiaries are now far greater than formerly.
CHAPTER XXV.
The Governor urges payment of part of the debt, and a system to maintain public credit-The general court do not respond to his advice-Conven- tions of the people, complaining of the courts of law-Legal processes for collecting debts, and of laying so large taxes -- Extra session of general court in September, 1786-Conventions of people increase-Open opposition to law-Proclamation and energetic measures of the governor-Militia called out to protect the court-Measures for the relief of the people, but not satisfactory to them-Lenity to the insurgents, and an address to the people-Insurgents continue their opposition, and attempt to stop tlie courts-They assemble at Springfield to prevent the sitting of the court- Militia called out under General Lincoln, and marched to Worcester and Springfield-Insurgents flee from Springfield, and are pursued to Hadley, Amherst, and Petersham, where many were taken, and the residue fled -- Affairs in Berkshire.
MR. BOWDOIN was again chosen governor, in 1786, by a very large vote. In his public address to the general court, he recommended the interests of education and of the univer- sity ; but the great object of his speech was to persuade them to make adequate and prompt provision for the payment of such part of the public debt, as was then due, and called for to satisfy the demands of various creditors, already long delay- ed ; all which amounted to $1,500,000. To maintain the credit of the state any longer, this sum must be collected ; or an agreement made with some of the creditors, by payment of interest, and an arrangement which would give them confidence in the public promise of payment at a given day. The gen- eral court doubted the ability or the disposition of the people to pay the amount required ; and hesitated as to laying a new tax when there were several former ones uncollected. The governor reminded them of a law of 1781, and still in force, authorizing the treasurer to issue warrants for a tax, sufficient to pay interest and principal due, for any year, even if no tax
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act should be passed. And he informed the general court, that one million of dollars would be absolutely necessary to discharge present demands on the state, and to furnishi the sum called for by congress. The general court, however, directed the treasurer to suspend his warrants for the sums required to pay the holders of public securities, for which the taxes had been before pledged, and which had then become due.
The representatives were generally censured for this mea- sure ; their apology was the burdens of their constituents, and the impossibility to collect such a large sum within the year. But at the same time, they voted a tax on polls and estates to be forthwith paid, to comply with a request of congress. When a motion was made at the same session, (June 1786) to issue paper and make it a tender, it was negatived by a vote of five sixths of the house.
In their efforts to pay the amount of taxes, the personal debts of the people had been suffered to accumulate, and creditors had recourse to legal processes to collect their de- mands. The people held conventions in several counties, at which they passed rash and threatening resolutions, cen- suring the legislature and declaring " the courts of law to be engines of oppression." In some of the western counties, large numbers of the people assembled where the courts were to be holden, and prevented their proceeding to the usual business. They complained of the great amount of taxes, and of such large assessments in so short a time : of allowing such large sums to congress, and of applying so much to the pay- ment of soldiers, (who, it was said, might wait) instead of supporting government and paying what was absolutely ne- cessary. They complained of the fees of lawyers and of the costs of court, which they pretended were too great. They objected to the senate, as a needless branch of the government, the expense of which might be dispensed with. They also complained of the higli salaries of some public offices : and they referred to the extra services of Massachusetts, which it was supposed were such as would excuse the state from pay- ing so largely at the call of congress.
The governor summoned an extra session of the general court to be holden in September, by the unanimous advice of the council. Before the meeting of the legislature, the con- duct of the people was so disorderly and alarming in some parts of the state, that the governor issued a proclamation for- bidding their assembling to obstruct the regular course of law, and calling on public officers and other good citizens to use
-
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their endeavors to prevent such meetings. But the proclama- tion had little effect. The spirit of discontent and misrule spread rapidly, through many parts of Hampshire, where it first appeared, Berkshire, Worcester, Middlesex, and Bristol. The court of common pleas was prevented holding its regular term at Worcester ; and soon after, the supreme judicial court, at Springfield. The spirit which prevailed was a radical and levelling spirit ; and yet very few probably, who attended, these unlawful meetings, expected to live without civil govern- ment or courts of law. They had not probably thought much on the subject, except to obtain present relief, under the heavy load of taxes and debts. They had no settled plan of proceed- ing, further than immediate remedy, by a delay of payment. The leaders were not ambitious men, nor expectants of high office, to which they could hope to obtain in quiet times. It was the lower class of people who were engaged in the rash enterprise ; and the military commanders were two captains of the revolutionary army. Some of the actors had, no doubt, confused and mistaken notions of liberty, imbibed in time of the war, when nothing was heard but the liberties of the people and the oppressions of rulers. And for several years, creditors had been indulgent to those who were in debt to them, because of the difficulties of public affairs.
The governor adopted measures as decisive and energetic, as the character and condition of the people would justify. Before the supreme court convened at Springfield, which was previously to the extra meeting of the general court which had been summoned, he had given orders to major general Shepard, in that vicinity, to call out the militia to protect the court in its usual business. General Shepard collected about six hundred of the militia, many of them volunteers for the occasion. The insurgents also appeared on the morning of the day the court convened, and in greater numbers than had been expected. They were disappointed to find the court was proceeding to business, and so well protected. Some threats were made, and the court was requested to sustain no indictments against any of the party ; but the judges refused to receive any message from them, and conducted with great firmness. But the inhabitants were much alarmed, and the court was adjourned on the third day. It was feared, that the insurgents would attack the militia under General Shepard ; but they probably were too well convinced of his firmness and bravery. On the day after the adjournment of the court, the insurgents dispersed, much to the joy of the peaceable inhabi- tants. General Shepard conducted with great prudence and
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moderation. The judges concluded not to proceed to Berk- shire to hold the court, in the state and temper of the people.
In Middlesex and Bristol, during the same month, the in- surgents met and prevented the regular business of the courts. In Middlesex, their assembling was unexpected, and the militia had not been called out. They collected at Taunton, in the county of Bristol, in great numbers. General Cobb had the precaution to order out some of the militia, but they were not so numerous as the insurgents. But by his firm and spirited conduct, they were induced to separate, without com- mitting any acts of violence. The court, however, concluded it most prudent to adjourn.
When the general court met the last of September, agreea- bly to a summons from the governor, he gave them a particu- lar account of the proceedings of the malecontents, and of the measures he had adopted, to maintain the peace and order of the state. He expressed a desire, that all proper forbearance might be shown to the people, and every practicable means be adopted for their relief ; but explicitly avowed the opinion that effectual measures should be taken to restore tranquillity and order, and to maintain the authority of the government. He was sensible, he said, of the burdens of the people ; but he strongly condemned the conduct of the insurgents, in their manner of seeking relief. What was proper in the executive authority he had already done ; and he referred it to the rep- resentatives of the people to devise means both for the sup- port of the laws, and the redress of any grievances which their constituents suffered.
The members of the general court, with one voice, con- demned the conduct of those who had opposed the laws ; and the majority appeared disposed to give sufficient support to government and its officers. A law was passed against riots and unlawful assemblies ; and, after some discussion, it was agreed to suspend the writ of habeas corpus, for eight months. Some acts were passed for the immediate relief of the people, the strict propriety or expediency of which might have been doubted in other circumstances. The legislature could not annihilate the public debt, nor interfere with private contracts. But they made all real and personal estate a legal tender for the discharge of debts, and allowed collectors of taxes to take similar articles, instead of specie. The expense of lawsuits was lessened, and a process before a justice of peace provided, which saved attorney's and sheriff's fees, and a part of the sum charged to that year, was deferred to the next. While the general court was in session, it was reported that the discon-
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tented would attempt to prevent the sitting of the supreme judicial court in Bristol county ; and a committee* was chosen by the two houses to request the governor to issue orders to the major general of the militia of that division to be pre- pared for the protection of the court. This measure was matter of satisfaction to the friends of the governor ; especially, as it was pretended, by a portion of the people, that he was too rigid a supporter of government and law. The discontented assembled many of them with arms, to prevent the sitting of the court, as had been apprehended ; but the resolution and promptness of the major general+ induced them to disperse without offering any violence. And it was proof of the lenity of government, that none of them were immediately seized and punished.
Before the legislature adjourned, a resolve was passed, offering pardon for the disorders which had been committed, on a promise to cease from all similar opposition, and taking an oath of allegiance to the commonwealth and to support the constitution and the laws ; an address to the people was also published, stating the public debt, and the object of the taxes then to be raised, both for the state and for congress. In this address, the people were solemnly warned of the mis- chiefs of opposition to the government ; a government of their own choice, and administered by their fellow-citizens appointed by themselves ; and urged to make an effort, by frugality, in- dustry and self-denial, to lessen the debt, which was the price of their liberties.
On a report, that the court to be holden at Cambridge the last of November, would be prevented, by the discontented, in the counties of Middlesex and Worcester, the governor ordered out three regiments of militia to be commanded by Major General Brooks ; and required others, in Suffolk and Essex, to be in readiness to march if directed. The militia assembled, as ordered, but the insurgents did not appear ; but it was known that attempts would have been made to stop the court, if the militia had not been prompt and numerous.
General Brooks had been a colonel in the army of the revolution ; a man of great bravery and prudence. He then had the entire confidence of Governor Bowdoin, as he had through the war of General Washington. About three weeks
* Samuel Adams was chairman of the committee, and probably moved its appointment. General Jolin Brooks was also one of that committee.
t This was Hon. David Cobb, a distinguished officer in the war of the revolution ; and then also chief justice of the court of pleas for the county. He said " he would sit as a judge, or die as a general."
39
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after, the court of general sessions of the peace, which was to have assembled at Worcester, was prevented by a number of armed men, who with threats forbid the organization of the court. Meetings of the discontented were also held in various other places, complaining of the acts of the legislature, at its late extra session, and declaring their resolution not to submit to the tax acts, nor to suffer the courts of law to transact the business pending before them.
Finding the lenity and forbearance of the general court misunderstood by the complainants, and a resolution manifested by their leaders still to oppose the laws and to prevent the regular administration of justice, the governor issued a general order, as commander-in-chief of the militia, to the several major generals in the state, to have their respective divisions in readi- ness to march at short notice, as they might be directed. With all his firmness, and his resolution to support the authority of the government, he was evidently desirous of calling on the military only in a case of absolute necessity. But the insurgents were not deterred from their evil purposes, by the preparations of the executive. They assembled in Middlesex, in Decem- ber, and threatened to stop the court, then about to sit in Cam- bridge, though the governor had received assurance that they would not attempt to prevent it. The failure was owing to the non-appearance of a large party of the discontented from Wor- cester, as had been expected. Soon after, in the same montli, they collected at Worcester, to prevent the sitting of the court for that county. But no further efforts were made by them ; for two hundred of the militia and other citizens under arms, assembled near the court house, on the side of government. The justices, however, did not proceed to business, having been advised by the governor to adjourn to a future day, in the hope that a little delay and forbearance on the part of the executive would induce them to disperse. But, on the contrary, they collected at Worcester, to the number of one thousand; and though no acts of violence were committed, they took up their lodgings in private houses, without invitation, and otherwise gave alarm to the peaceable inliabitants.
At the same time, a large body of the discontented assembled in Hampshire county. A portion of them were disposed to proceed no further, and to accept the proffered clemency of government ; but others were resolved to oppose the laws, and to seek redress by force. The more violent, as is often the fact, in such combinations, had the greatest influence, and pre- vailed on most, who were dissatisfied with their present condi- tion, to continue with them, for the purpose of "bringing the
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government to terms." They had a plan, at this period, in the confidence of their strength, to march to the capital of the state, to display their boasted superiority, and to liberate several of their fellow-insurgents, who had been taken in Middlesex, and confined for trial.
In this state of the interior, comprehending nearly a moiety of the territory and population, the governor directed Major General Lincoln, of the first division, who was a man of great prudence and moderation, as well as firmness, and who had been high in command in the revolution, to take measures for the protection of the capital, and also to watch the movements of the insurgents. Major General Brooks, of the Middlesex militia, had also similar orders from the commander-in-chief, at the same time.
No attempt was made to march to the capital ; and after a few days, the insurgents, with some exceptions, repaired to Rutland, and lodged in the old barracks erected during the war; but soon marched to Springfield, where the supreme judicial court was to be holden according to a former adjourn- ment. They suffered much by the severity of the cold, and some returned to their homes. It was even reported, that the leaders began torelent of their rashness ; and if they could again be assured of pardon, would cease all opposition. But no specific proposition or promise was made by them to the exec- utive ; nor could the governor promise more on his part, than to recommend them to mercy. The correct course for them would have been to separate, and retire quietly to their homes; for, in that case, as no acts of violence and outrage, further than appearing with arms, and uttering threats, had been com- mitted, a pardon would probably have been extended to all.
The insurgents, collected at Springfield at this time, amount- ed to three hundred. They took possession of the court house, the day before the court was to sit; and, in effect, forbid the opening of the court, though their note to the judges was in the form of a request. The judges had no protection, and consid- ered it prudent to separate without proceeding to business. The governor probably had been led to believe that the insur- gents would not appear ; their condition, and the reports in cir- culation, a few days before, had given cause for such a belief. On receiving intelligence of the affair at Springfield, and of the continuance of the insurgents under arms, who after this trans- action were increasing, the governor immediately called his council together, who advised to the measure he proposed ; which was to call out the militia in sufficient numbers to quell the insurrection, before it became more formidable and danger-
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ous. The general court, at its session in November, had pro- vided for such a measure, if the exigency should require it ; but the governor chose to have the opinion of the council, whether the state of the country then demanded it. It was believed, that further lenity and forbearance would be useless, and that the spirit of insubordination might spread to such an extent, as not to be subdued. The great body of the people, in most parts of the state, were undoubtedly in favor of law and government ; but many were deceived by the leaders of the opposition, and were led to suppose the general court might have provided immediate relief. The period had arrived, when it was no longer proper to expect the discontented would submit, nor consistent with the public safety to delay measures of sufficient energy to put an end to the combination of these infatuated men. Orders were issued to raise four thousand four hundred of the militia in Suffolk, Essex, and Middlesex ; the greater number to be from the counties of Worcester and Hampshire ; a proof that many of the people in those counties were sound and correct in their opinions. Four companies of artillery were also ordered, from Suffolk and Middlesex.
The command of the troops was given to General Lincoln, in whose energy and prudence the governor and the public had the highest confidence. The public treasury was empty, but indi- viduals loaned such sums as were necessary to meet the expenses of the expedition. The governor published an address to the people, exhorting them to aid in the support of law and order, and warning them of the evils of forcible opposition to the authority of the state. He received, at this time, a memorial from the insurgents ; but it was from men under arms in oppo- sition to lawful authority, and of such a tenor, as rendered it impossible to comply with its demands, or to delay the measures for the safety of the commonwealth. General Lincoln was therefore ordered to march with the militia to Worcester, where the court was to be holden on the 23d of January. He arrived on the 22d, and General Brooks was directed to be in readiness to proceed for his support, if necessary. The insurgents in that vicinity retired ; but soon collected, in great numbers, at Springfield, where they intended to make a stand against the regular forces of the state, and to gain possession of the arsenal of military stores belonging to the continent. But General Shepard had been previously ordered both by the state and by congress, to take post at the arsenal, with one thousand men, of the militia, to prevent its falling into the hands of these lawless men. The insurgents, though intimidated, were not discour- aged ; for they then numbered nearly two thousand. And it
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became evident, that their object was not only to stop the courts, but to oppose the whole authority of the state ; and to gain possession of military stores, to enable them to act with effect against the government, till their wild schemes were accomplished.
General Lincoln was aware of the critical situation of General Shepard, and hastened to his relief; but the in- surgents resolved to attack Shepard before the militia from Worcester should arrive. They advanced towards the arsenal where General Shepard was posted, when he sent them word, that he held the place by just authority, and warned them not to approach. They still advanced, and he sent a second mes- sage to them, that he was resolved to maintain his post, and forbid their marching nearer, at their peril. But they contin- ued to approach, and in a manner sufficiently indicative of a design to attack him. He then ordered two cannon to be dis- charged, but designedly intending not to strike the insurgents. Even this failed to check them; and perceiving their purpose to attack him, he gave orders to fire into their ranks; when three of their number were killed, and the whole party fled precipitately to an adjoining town. General Shepard was fully justified in his conduct ; and applauded by most of the citizens for his prudence and forbearance. Some of the insurgents returned to their homes after this affair; but the leaders were not discouraged ; and many joined them from Berkshire the day following. Another attack on the arsenal was proposed, but General Lincoln arrived from Worcester with four regiments, and a battalion of artillery, which prevented the advance of the insurgents on Springfield ; and which gave great joy to the friends of government. A part of the insurgents moved up to Northampton, on the west side of the river, and were followed by General Lincoln; and a portion of them retired to Hadley, on the east side, who were pursued by General Shepard.
But few joined the standard of the insurgents after General Lin- coln reached Connecticut River. The party on the west side of the river returned to their homes, or retired to a distance in small bodies, to see the fate of the main party on the east of the river. The latter proceeded to Amherst, and thence to Pel- ham, and Petersham. The men with General Lincoln suffered from the severity of the weather, and the bad travelling, on account of a heavy snow ; and often found it difficult to obtain sufficient provisions. He paused at Hadley, for the repose of his men, and, as it was believed also, to give opportunity for those of the discontented who were disposed, to forsake their leaders, and cease their opposition.
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