History of Massachusetts, for two hundred years: from the year 1620 to 1820, Part 35

Author: Bradford, Alden, 1765-1843. cn
Publication date: 1835
Publisher: Boston, Hilliard, Gray
Number of Pages: 514


USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 35


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From this period, the state and whole country became pros- perous, lands rose in value, agricultural produce bore a high price, commerce increased and was very profitable, and the labor of mechanics was in demand and well rewarded. The amount of revenue from the judicious regulations on commerce and navigation, was far greater than had been anticipated; and public securities, which had been often sold for one sixth of the face of them, rose to a par value. Many of the soldiers had been necessitated to part with their certificates, at a great sacrifice; but those who were able to retain them till 1789 were fully paid both principal and interest.


The legislature of Massachusetts, in 1788, again manifested its disapprobation of the slave trade, and of all traffic in human beings, by the passage of a law subjecting those who should have any concern in kidnapping and selling of negroes, to heavy penalties. The immediate occasion of the law was the forcible seizure of three persons of color, by the master of a vessel lying in Boston, with intent to carry them to the West Indies to be sold for slaves. The fine laid both on the captain and the owners of the vessel, was to a great amount; the in- surance was declared void; and the relations of the persons seized (if sold in a distant country) were allowed to prosecute for the crime.


Mr. Hancock was elected governor for 1788, 1789, and each successive year, including 1793, when he died. In 1788 General Lincoln was chosen lieutenant governor, but was not particularly acceptable to Mr. Hancock. The conduct of the governor towards General Lincoln, was condemned as unjust and illiberal. The lieutenant governor had usually been com- mander of the castle, by appointment of the governor; and received about $1000 for his services. As lieutenant gov- ernor, he had no salary. Governor Hancock did not appoint General Lincoln to the command of that fortress. At a future session inquiry was made, why the appointment had not been given him. The governor replied, that he had the sole right to appoint, and that it was also for him to decide, whether he would have any one to command the castle. Great com- plaints were made against the governor, not only for not appointing the lieutenant governor, who was thus deprived of his salary as well as the office, but for undertaking to judge of


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the propriety of carrying into effect a law or resolve of the legislature. Governor Hancock claimed the right to decline executing a law of the general court, if he could not see the necessity or propriety of the law himself. This was considered a mere evasion. The governor was too intelligent to reason in this way, except that he was opposed to giving the office to General Lincoln: and he lost many friends by his treatment of that meritorious officer. A committee reported in favor of 600 salary for the lieutenant governor, but the house of representatives allowed only $533. The majority in that branch were the friends of the governor; but the senate were willing to do justice to General Lincoln.


The senate differed from the house, at this time, respecting a compliance with the request of Virginia and New York, that another general convention be called to prepare a new consti- tution, or to alter some parts of the one already proposed, and to incorporate some additional articles more favorable to the sovereign authority of the states. The house were in favor of the proposition from New York and Virginia ; but the senate were opposed to the measure, as of fatal tendency. The gov- ernor, also, though desirous of some alterations, had given his opinion, in a message communicating the request of those two states, against the plan ; believing it more proper to leave it to the states afterwards to act on those articles, rather than to postpone the ratification of the constitution, and wait for the result of another convention.


The first representatives from Massachusetts in congress, under the new constitution, which was in April, 1789, were Fisher Ames, George Partridge, George Leonard, George Thacher, Elbridge Gerry, Benjamin Goodhue, Theodore Sedgwick, and Jonathan Grout; the four last were chosen on the second trial. At a ratio of one representative for thirty thousand inhabitants, Massachusetts was probably entitled to twelve; but the population was not then accurately known, though it was supposed to be three hundred and seventy thousand ; for, in 1784, it was three hundred and fifty-eight thousand.


Soon after General Washington was inducted into office, as first president of the United States, in April, 1789, the general court of Massachusetts addressed him, by letter, in the following terms: - "Sir : Your acceptance of your present exalted and important station affords universal joy to the people of Mas- sachusetts. They have long felt the most grateful sentiments for your services, and admiration for your character. And they reflect with pleasure on the ardor which your presence inspired


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in the alarming and novel circumstances of a war within their country, and against their civil security, so soon restored by the discipline and success of the army under your command. The unanimity of the suffrages of the states in your election, is no less a testimony of your merit, than of the gratitude of this extensive community. They have declared, by investing you with the powers of their president, their confidence in you, from the experience of your wisdom and virtues, and they delight to honor you. For your services, in their estimation, will yet far exceed their rewards. The union of the states, by a form of government intended to secure the blessings of liberty, is rendered more perfect under you, as their chief. All the


advantages of that government, of our national independence, and civil liberty, may be rationally expected under your admin- istration. From you we shall receive those examples of public and private economy, of prudence, fortitude, and patriotism, of justice, morality, and religion, which, by the aid of divine prov- idence, insure the welfare of a community. To express the voice of our constituents, we join in the congratulations of united America, on this great event ; and we earnestly implore the protection of the Almighty on your person and family ; that he would afford you his divine aid in the duties of your important station, and long continue you a blessing to the United States."


On a request from the executive of Massachusetts, two brass field-pieces, then in the keeping of congress, were restored to Massachusetts. There were only four belonging to the Amer- ican artillery when the war began. And all were received from that province. Two were the property of the province, and were taken by the British. The two, at this time return- ed to Massachusetts, were owned by individuals, citizens of Boston, and were frequently used in the course of the war. By order of congress, the following inscription was placed upon them-on one, " HANCOCK," and on the other, "ADAMS ; " and on each -" Sacred to Liberty - This is one of the four cannon which constituted the whole train of field artillery possessed by the American colonies, at the commencement of the war, April 19, 1775."


After the federal government was organized, the legislation and proceedings of the separate states became less interesting and important. All which related to foreign affairs, and to subjects of general concern to the union, were under the exclusive cog- nizance and direction of congress. And what had been of peculiar interest, in Massachusetts, as well as in the other states, provision for the payment of debts growing out of the war, had become the duty of the general government. Yet, in


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a young country, just emerging from the ravages and evils of war, much was still to be done by each separate state, for its particular improvement and welfare.


In his public address to the legislature, in May, 1789, which was soon after the federal government was established, Gor- ernor Hancock spoke of the important benefits to be expected from it, to the country and the state ; and expressed his opin- ion that it deserved the confidence and support of the people. " But it ought ever to be remembered, (he said) that no form of government, or mode of administration, can make a vicious people happy, and that the public welfare will in a great measure depend on the practice of the social and private virtues by the people of this extensive republic ; and that this common- wealth, which constitutes an important part of the general gov- ernment, may increase its own prosperity, while it promotes that of the union. We must support and encourage the means of learning, and all institutions for the education of the rising generation : an equal degree of intelligence being as necessary to a free government, as laws are for an equal distribution of property. Our wise and magnanimous ancestors, impressed with this idea, were very careful and liberal in the establishment of institutions for this purpose ; among which, the university in Cambridge, and grammar schools in the several towns, were believed highly important. Every necessary attention, I trust, will be paid to the former; and I can not but earnestly recom- mend to your inquiry, the reason why the latter is so much neglected in the state. Should any new laws be necessary on this subject, you cannot do your country a more essential ser- vice than by providing them."


A law was soon after passed, requiring all towns with two hundred families to support a grammar school ; which was, in fact, but a revival of a statute enacted in the early days of the colony. By this law, towns with two hundred families and upwards, were required to employ public teachers of youth, who could instruct in the Latin and Greek languages, and who had been educated at a college. In towns containing only a less number of families, the teacher of youth was required to have a correct knowledge of the English language. Great advantages were derived from this and former laws with similar provisions, to the whole people. The teachers for all classes of children were then of a more literary and elevated character, than many have been in later periods, when towns are divided into many districts, and the teachers are scarcely thoroughly acquainted with the English language. Schools of a high order have indeed been multiplied ; but the public instructers of the


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lower class of children have not always been sufficiently edu- cated.


The county of Lincoln, in Maine, which was of great extent, was this year divided into three counties : the two eastern received the names of Washington and Hancock. About the same time, there was a proposition again for the separation of Maine, and for forming it into a new state. A similar plan had been proposed in 1785. The petition was some time before the general court, but was not granted, as the majority in favor of the measure did not appear sufficiently large to justify it.


In October, 1789, General Washington, then but recently chosen President of the United States, made a tour through the New England States. He had not been in Massachusetts after March, 1776, when the British troops left Boston. His reception by the people and by the rulers of the state, was such as had never been given to any individual. All were de- sirous of testifying their gratitude for his public services, and their respect and admiration of his exalted character. There was a universal opinion prevailing, that to him, more than to any other individual, the country was indebted for a successful termination of the arduous struggle for liberty. There were indeed many brave men in the field, and many able men in the cabinet, and very many sincerely patriotic among the com- mon people ; or the efforts of the country never had succeeded. But so far as the issue depended upon military skill and force, the praise of victory was preeminently due to General Wash- ington. It was not mere courage which decided the contest ; but the prudence, caution, and untiring fidelity of the com- mander-in-chief were necessary to the success of the cause; and the people were fully sensible of the value of his essential services, and of their peculiar obligations to him for liberty and independence. The selectmen of Boston addressed him in behalf of the citizens of that ancient town, and in very respect- ful and affectionate terms ; to which he replied, in his peculiar manner, honorable both to his feelings and his patriotism. The governor and council addressed hin as follows : - " We meet you, sir, at this time, with hearts replete with the warmest affection and esteem, to express the high satisfaction we feel in your visit to the Commonwealth of Massachusetts. We can never forget the time, when, in the earliest stage of the war, and in the day of our greatest calamity, we saw you at the head of the army of the United States, commanding troops determined but undisciplined ; by your wisdom and valor, pre- venting a sanguinary and well-appointed army of the enemy from spreading devastation through the country; and, sooner


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than we had reason to expect, obliging them to abandon the capital. We have since seen you in your high command, superior to the greatest fatigues and hardships, successfully con- ducting our armies through a long war, till our enemies were compelled to submit to terms of peace, and acknowledge the independence of these United States, which congress had asserted and proclaimed. We have now the pleasure of see- ing you in a still more exalted station, to which you have been elected by the unanimous suffrages of a free, virtuous, and grateful country. From the attachment, which you manifest- ed, while in military command, to the civil liberties of your country, we do assure ourselves that you will ever retain this great object in view, and that your administration will be pros- perous and happy. It is our earnest prayer, that the divine benediction may attend you here and hereafter ; and we sin- cerely wish, that through life you may continue to enjoy that greatest of earthly blessings, to be accepted by the multi- tude of your brethren."


To this address, General Washington replied-" Gentle- men : To communicate the peculiar pleasure which I derive from your affectionate welcome to the Commonwealth of Mas- sachusetts, requires a force of expression beyond that which I possess. I am truly grateful for your goodness towards me ; and I desire to thank you with the unfeigned sincerity of a feeling heart. Your obliging remembrance of my military services is among the highest rewards they can receive : and if rectitude of intention may authorize the hope, the favorable anticipations which you are pleased to express of my civil administration will not, I trust, be disappointed. It is your happiness, gentlemen, to preside in the councils of a common- wealth where the pride of independence is well assimilated with the duties of society, and where the industry of the citi- zen gives the fullest assurance of public respect and private prosperity. I have observed, too, with singular satisfaction, such a becoming attention to the militia as presents the fairest prospect of support to the invaluable objects of national pros- perity and peace. Long may these blessings be continued to the Commonwealth of Massachusetts. And may you, gentle- men, in your individual capacities, experience every satisfac- tion, which can result from public honor and private happi- ness." *


* No particular title is given to the President of the United States by the constitution ; though the term " Excellency " is often applied to him. When General Washington visited Boston in 1789, every one was desirous pf manifesting their great respect for his character; and they could


CHAPTER XXVIII.


Opposers of the Federal Constitution-Federal Officers declared ineligible as Legislators of the State-Debt of United States-Congress assumed the Debts of the States-Expenses of war to Massachusetts-Public Taxes-Lotteries disapproved-Governor Hancock's views of Federal Government-Prosecutions against persons concerned in the Slave Trade-Justices of Supreme Judicial Court-Plan for a Theatre-Canal proposed across Cape Cod-Internal Improvements-Laws for keeping Lord's Day-The suability of a State-Death of Governor Hancock- Samuel Adams Lieutenant Governor-His opinion of the Federal Gov- ernment.


AUSPICIOUS as was the commencement of the federal gov- ernment, and high as was the confidence of the people gener- ally, in the rectitude and patriotism of those who administered it, there was with many a jealousy of its extensive powers, or an apprehension of a tendency to encroach on the authority and influence of the individual states. This jealousy and this fear might have arisen entirely from republican feelings, and from an honest desire to prevent an individual having too great power, or holding places of trust under different governments, which might present temptations to violate or neglect one class of political duties. When the federal government was estab- lished, every citizen at once owed allegiance to that, and to the state where he lived. There was not necessarily, indeed, any collision or interference between the duties owing respectively to each. For the homage and fealty of every citizen was first and chiefly due to the commonwealth of which he was a mem- ber. His allegiance, and his duty to obey the laws of the


hardly find words fully expressive of their feelings. Governor Bowdoin, a inan of plain manners, and not liable to excitement, had him at his house to dine, with a large company, when he addressed him, " Your Highness." He apologised for using the appellation; but said his feelings prompted him to use an expression more honorable than that applied to any other ruler or magistrate in the country.


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United States, were particular and definite, and clearly pointed out by the constitution ; or, in other words, his allegiance and obedience were due to the federal government in cases, where power was given to ît, by his natural parent state, for the gen- eral good. The oath required by the constitution of Massa- chusetts explains this subject. It imposes allegiance, faith and obedience to the commonwealth, (excluding all other governle ments and powers and states) except in those cases, where authority was or should be vested, by the states, in the congress of the United States. Samuel Adams also well explained the subject, when he took and subscribed the oaths required, on his being elected lieutenant governor, in 1790. After taking and subscribing the oath of allegiance to the commonwealth, and before taking the oath to support the constitution of the United States, he observed, " that he considered them perfectly con- patible ; and that he felt himself bound by the constitution and laws of Massachusetts, except in cases, in which the state had delegated power, by the federal constitution, to be exercised by congress for the benefit of all the states, or of the union."


This jealousy and these feelings, respecting the federal gov- ernment, proved the occasion of warm debates in the general court of Massachusetts, in 1790, as to the eligibility of some members elect to seats in the legislature, who were in office under the federal government. Jonathan Jackson, who was a marshal under the general government, was returned as a mem- ber of the senate from the county of Essex; David Sewall, a judge of the federal district court for Maine, and Christopher Gore, attorney of the federal district court for Massachusetts, were chosen members of the house of representatives. The senate and house acted separately on this occasion. In the former, their committee made a report unfavorable to Mr. Jackson; but the report was rejected, in the senate, by a vote of thirteen to eleven. The house decided against the two gentlemen holding their seats in that body, by a vote of one hundred and thirty-seven to twenty-four. But the question was not presented in the same form in the house as it had been in the senate. Instead of a report, the following proposition was presented in the house: "Whether persons holding offices under the federal government, similar to those declared by the constitution of the commonwealth incompatible with their having seats in the legislature thereof, have a constitutional right to retain their seats in this house ?" A long and ani- mated discussion took place, when the vote was in the negative, according to the numbers above-mentioned. By this change of the question, the objection to their holding a seat in the


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general court was made to rest on the impropriety of uniting executive or judicial power with legislative, rather than that of one holding office under the federal government being ineligible to office in the state. Still there was a general opinion, that those in office under the federal government should be exclud- ed from places of high trust in the commonwealth. With some it was the desire to keep the officers and rulers of the federal and state governments wholly distinct; while, with others, it was considered anti-republican to give many offices to any one man.


In 1790, the federal government, having the whole power of the United States for collecting and appropriating the duties of tonnage and impost, assumed a large portion of the debtș of the several states, incurred for the common defence during the war of the revolution. The sum thus assumed, amounted to $21,500,000, which was the debt of the United States, besides the liabilities of the continental congress to meet its own pre- vious engagements. The portion of the assumed debt, in favor of Massachusetts, was $4,000,000. Before assuming the above amount of the debts of the separate states, the federal or continental debt was $52,000,000. The amount assumed by congress, at this time, of the debts of the several states, was according to their respective advances and expenses, on behalf of the United States, besides the expenses for the imme- diate and separate defence of each. Whatever any state ad- vanced, except by resolutions and recommendations of con- gress, was, at this time, not admitted and not assumed. The general court of Massachusetts requested congress to assume the residue of its debt incurred for measures of defence against the common enemy : and commissioners were soon after ap- pointed to ascertain the amount expended by the several states. It was found that Massachusetts had expended $18,000,000. Of this $4,000,000 had been assumed by the federal govern- ment, and 2,000,000 had been allowed and advanced by con- gress, at different periods of the war. Six states were found to have advanced more than their proportion, and seven, less. The largest balance was in favor of South Carolina; and Mas- sachusetts was the next highest of the creditor states; the balance credited to the state, was $1,250,000.


· It would appear, by this statement, that Massachusetts bore the expenses of the war of the revolution, to the amount of $10,- 250,000. The additional sacrifices, losses, and expenses, by the state and individuals, it would be difficult to calculate. In 1790, however, the debt of the commonwealth was much less than the sum last mentioned ; as payments had been made to a large


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amount, during the war and the period which elapsed between its elose and the establishment of the federal government.


The general government was the occasion of great advantages, both in a public and private view ; and its advocates and friends had the satisfaction early to find from it all the beneficial results they had anticipated. It gave great animation to commercial pursuits ; which afforded profitable employment to various classes of mechanics. And the assumption of a large part of the debt of the several states, so diminished the amount to be provided for by each state, that the taxes were comparatively small; and the people generally were relieved of the heavy burdens, of which they had before complained. On account of arrears of taxes, remaining unpaid for several years, how- ever, the public demands on the people were very sensibly felt. The taxes of Massachusetts were high for 1790, '91, and '92, compared to the amount assessed in later periods. But the policy of forbearance, adopted in 1784, '5, '6, and '7, should not be hastily denounced, as it probably saved the country from rebellion and anarchy. In 1791, the public tax of the state was only $100,000, which was not sufficient for the pay- ment of interest on the debt still owing, and the ordinary ex- penses of government. The reason given for not assessing a greater amount, was, that the people had then, in part, to dis- charge taxes of the two preceding years .* There was a plan of raising money for the state, at that time, by sales of public lands in Maine. But the lands were very low, there being great quantities then in the market, and the expenses of sur- veys and agents left little for the public treasury. A lottery was also granted, for the purpose of raising money for the state; but little was collected from that system of speculation. Governor Hancock had the firmness and wisdom to disapprove it ; and the general court became satisfied of its impolicy.




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