USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 36
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On several publie occasions, Governor Hancock expressed his approbation of the federal constitution and government ; and he did much to recommend and support it, though some of his political friends were opposed to the policy of the federal rulers. He was, however, among those who contended for the authority and powers of the individual states, except clearly delegated to congress. "We shall best support the federal system, (he said,) by maintaining the constitution and govern- ment of our own state. The federal government must stand or fall with the state governments. If the federal government
* The tax on Boston was one eleventh part of the whole state. At a sub- sequent period it was nearly one sixtlı.
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absorbs the powers of the state governments, it will become a different system from what it was intended. To maintain it, as it now is, will be best effected by preserving the state gov- ernments in all their just authority." He seems to have appre- hended that the general government would assume power not intended to be given it. For he added, "the constitution is a law to the national legislature itself." When he urged to mea- sures for maintaining the credit of the state, and for discharging the residue of the public debts, he said, " the price of our free- dorn has been great toil and expense; and we feel the weight of it. But we feel as freemen; while the people of other countries are oppressed with heavy burdens, imposed on them, not to secure, but to destroy their liberty."
A census of the United States was ordered, in 1790, when it was found that the number of inhabitants in Massachusetts was four hundred and seventy-eight thousand; one hundred thousand of which were in Maine. Not a single slave was returned in the state: and there was then no other state in the union which did not contain many.
A case was tried in the state, about this time, touching the slave trade, which indicated the opinions and feelings of the people against that odious traffic. Long before this period, slavery had ceased to be known in the commonwealth: and the inhuman practice of the slave trade had been denounced and forbidden from the first settlement of New England. A vessel was fitting out in Boston, evidently intended and pre- pared for that business ; and two citizens, residents of Massa- chusetts, were believed to be concerned in the enterprise. The owner and captain were accordingly prosecuted, and charged with a violation of the statute of the commonwealth, prohibiting the practice and subjecting those engaged in it to a heavy fine. The persons prosecuted were convicted by the court of common pleas ; and afterwards, on their appeal, by the supreme judicial court. They were fined in the sum of £200, the penalty provided by the statute. The principal objection was, that the respondents were not citizens of Massa- chusetts, and were liable to prosecution in the state where they belonged. But the statute made a resident as well as a citizen or inhabitant, amenable to the jurisdiction of the state; and it was proved, that the owner as well as the master, was sometime present at Boston, where the vessel was equipped. At a later period, the trial would have been had before a federal court.
When the judicial department of the United States was organized, William Cushing, who was then chief justice of the supreme judicial court of Massachusetts, was appointed the
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first associate justice ; John Jay, of New York, being appointed chief justice. N. P. Sargent was made chief justice of Massa- chusetts, in the room of Judge Cushing ; and on the death of Judge Sargent, in 1792, Francis Dana was appointed to that place. R. T. Paine, Increase Sumner, Nathan Cushing, and Thomas Dawes, were, at this period, the other justices of that court.
In 1791, an effort was made to repeal the law of Massachu- setts against theatrical exhibitions. The most active in this attempt were citizens of Boston, where, if at any place in the state, a theatre could be supported, or was much desired. A great portion of the inhabitants, and especially the aged, were much opposed to it. They considered plays generally, or fre- quently, of an immoral tendency; that those who appeared as actors were far from being exemplary, if not really dissolute and profligate; and that it would lead to great expenses. Those who were in favor of a theatre contended, that it was a literary and elegant entertainment, and that it would be easy to select such plays as were chaste and pure in sentiment ; and therefore would be for the improvement, both of the manners and morals of the people. There were several meetings in Boston, on the subject. It was proposed to petition the gen- eral court to repeal the standing law, and to instruct the repre- sentatives to use their influence in favor of a repeal. But the proposal did not succeed. It was advocated by Perez Morton, William Tudor, and Charles Jarvis ; and opposed by Samuel Adans, Thomas Dawes, Jr., Benjamin Austin, Jr., and H. G. Otis.
The plan was revived, during the year 1791, of cutting a canal across the Isthmus of Cape Cod, at Sandwich, so as to connect the navigation of Massachusetts Bay and Buzzards Bay, without making the circuit of the cape. The peninsula is narrow, at the place proposed for the canal, and such a pro- ject had been often before considered. A committee was ap- pointed by the state to survey the grounds, and make a report as to the practicability, the advantages, and expenses of such a canal. The report of the committee was favorable to the project ; but it was not prosecuted. Many intelligent men were of opinion, that it would never be of great benefit ; and that in winter, when most needed, it would not be passable. The finances of the state were then such, as rather to oppose than to encourage the enterprise.
The system of internal improvements in Massachusetts may be dated at about this period. Not strictly indeed, the com- mencement of them; but plans for extending and increasing
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them, received more than common attention. Several turn- pike roads were projected; and some of them completed within a few years. The roads generally through the country were improved ; and great sums expended for this object. A project was also presented to the public for a canal from Boston, through the centre of the state, to Connecticut, and even to Hudson's River. The project was rather confined to a few sanguine individuals ; for the resources of the state did not then justify the undertaking. Soon afterwards, the Mid- dlesex canal was projected, and by the perseverance of some enterprising men, the plan was prosecuted and accomplished .*
In 1792, a law was made for the due observation of the Lord's day, or the christian sabbath. Similar laws had been enacted in the early days of Massachusetts ; and had been revived, at different times, afterwards. But the observation of the day, had become far less common than in former times, owing in a great measure to the war; and the appropriate duties of it neglected, for business or pleasure. The law was not so severe or strict in its provisions, as the former ones ; but it prohibited travelling for business or amusement, and all other traffic and recreations. It was found to avail little towards the object intended. Men will not suffer compulsion in mat- ters of worship or religion ; and yet it may be proper for the civil authority to provide the means of religious worship and instruction, for the welfare and good order of society. And why not also to forbid all labor or amusement inconsistent with the observation of, or an attendance on such duties ?
In 1793, the year of the decease of Governor Hancock, a suit was instituted, in the federal court, against the common- wealth of Massachusetts, by one Vassall, an alien. The gov- ernor and attorney general, as principal inhabitants of the state, received a summons by the marshal of the federal govern- ment. The governor was of opinion, that the commonwealth was not amenable to that court, or to any judicial tribunal. He summoned a special session of the general court, which was holden in September ; and in his public message to them, he observed, " that in his opinion the state could not be com- pelled to answer to a civil suit, as it would be utterly incom- patible with its sovereignty.+ The subject was discussed for
* James Sullivan, Loammi Baldwin, and James Winthrop, were the prin- cipal.
t The governor was in very feeble health at the time ; and he gave the address to the secretary, to read. When the secretary had read it, the governor said " I rely on your candor, to pardon this mode of addressing you. I feel the seeds of mortality growing fast within me. But I think
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several days, when the legislature passed a resolve, in agree- inent and support of the opinion of the governor .* The resolution was as follows : " That a power claimed, or which might be claimed, of compelling a state to become a defend- ant in a court of the United States, at the suit of an individual or individuals, is unnecessary and inexpedient ; and, in its exercise, dangerous to the peace, safety and independence of the several states, and repugnant to the first principles of a federal government." The representatives and senators in congress from the state were requested and instructed by the legislature to endeavor to obtain an amendment to the con- stitution of the United States, with a view to prevent a con- struction of any clause or part of it, which should go to compel a state to answer in a civil suit, before any federal judicature.
An article was accordingly soon after added to the consti- tution denying the authority of the United States courts to oblige a state to answer before it, to the civil suit of an in- dividual. The article is as follows :- " The judicial power of the United States shall not be constructed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another state."+
This was a singular proceeding of an individual state in opposition to the federal government, or in interfering with a branch of that government, as to its power, or the meaning of the constitution whence that power was claimed. It was, in effect, a refusal to obey the authority of that government, until the voice of the people could be obtained on the subject. It was a single state undertaking to say, that the constitution had been misconstrued, and the judiciary had exceeded the power given to it by the constitution ; and a resolution not to submit to the authority which it assumed, until it was ascer- tained, by an appeal to the states, that the authority was given by that instrument.±
I have, in this case, done no more than my duty, as a servant of the people. I never did, and I never will deceive them, while I have life and strength to act in their service."
" The vote in the house, was 107 to 19.
t The preamble to the resolve was-" Whereas a decision has been had in the supreme court of the United States, that a state may be sued in that court by a citizen of another state, which appears to be grounded on the clause of the constitution, giving authority to the federal judiciary, in cases between a state and citizens of another state." And the governor said, in his message, " that he could not conceive, when the constitution was adopted, that it was expected by the people that a state should be held to answer on compulsory civil process to any individual."
# If the general government is not a federal, but a national or consolidated government, the conduct of Massachusetts would have been condemned as
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After the death of Governor Hancock, Samuel Adams, who was Lieutenant Governor, filled the office of chief magistrate for the remainder of the political year ; and was then elected governor for three years, successively ; when he was induced, by the infirmities of age, to retire from public life .* Mr. Adams was one of the most firm and determined assertors of constitutional liberty, during the controversy with the British ministry, which was maintained for ten years before hostilities began in 1775. He was among the first few intelligent and resolute men, (in some respects, perhaps, the most firm among them,) who opposed the claims set up and the measures adopted by the administration in England, which tended to abridge 'the liberties of the colonists, and to subject them to a distant government, in which they were not represented. He was opposed to arbitrary principles, even more than to the oppressive measures of ministers in the parent country. His
object always seemed to be to contend for constitutional prin- ciples, and to show that the conduct of administration was in violation of them. And in this he succeeded, in the opinion of his fellow-citizens generally. He had much of the puritan in his character and manners ; and yet was not very different, in this respect, from his contemporary, Governor Bowdoin ; or from Governor Strong, of a little later period.t
Mr. Adams was one of those who had objections to the con- stitution of the United States, as giving too much power to the general government, and as encroaching unduly on the rights and authority of the individual states. He was opposed to the constitution, in the convention of Massachusetts, on that ground. But he voted for it, with the articles proposed in that convention, most of which were afterwards adopted by the other states. He retained a jealousy of the accumulation of power by the federal government, and of its tendency to consolidation. He was in favor of a federal, but opposed to a national government. It is important to know the views of such a man as Governor Adams, of the federal government, especially at this early period. In January, 1794, after- re- ferring to the origin and cause of the new government, which had far more extensive power, than under the old confedera-
altogether improper and dangerous. And it is to be considered, also, that the case was not referred to the people by conventions to decide, but to the legislatures of the several states.
Governor Adams was 76 when he resigned the office of chief magis- trate, in 1797.
+ Mr. Strong was first chosen governor in 1800, and he manifested par- ticular respect towards the venerable patriot, ex-governor Adams.
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tion, Mr. Adams said, " it was judged that the great affairs of the United States, which before were entire sovereignties, could not be well conducted under the direction of several distinct governments. They therefore formed a federal con- stitution ; by which certain powers of sovereignties are delega- ted to the persons chosen to administer the general govern- ment, to be exercised conformably to and within the restric- tions of the constitution ; and all powers not vested in congress, remain to the states individually. Great caution is necessary, lest any degree of infringement take place, either on the rights of the federal government, or on those of the several states." Such were the views of most of the friends of the federal con- stitution and government at that period. Consolidation was
avowed and advocated by very few. While it was admitted and contended, that the full powers of the federal government should be exercised, as essential to the welfare and prosperity of the United States, it was insisted, that the power, not clearly given, must remain with the individual states; otherwise the compact would be violated, and the liberties of the people be in danger .*
In the same speech, Mr. Adams referred particularly to the principle of civil and political liberty, recognised by the con- stitution of Massachusetts, " that all men are born free and equal; and have certain natural, essential and unalienable rights ;" which he said, " he considered to be guaranteed by the author of nature and implied by the christian revelation." He referred to these first principles, he said, " because he fully believed, that on them depended our free republican in- stitutions, and the social welfare of the people."
* Because, in the several state constitutions, there was a bill of rights, limiting the powers of the government and rulers; and, if the federal government was not amenable to the states, by which it was formed, and could exceed the authority delegated, it would be responsible to no con- trolling power, and would exercise authority to an indefinite and unlimited extent.
CHAPTER XXIX.
Dispute with France ;- and with England-Formation of parties-At- tachment to France-Antipathy to England-Censures of the conduct of the federal Executive-Treaty with England, 1794-Objections to it- Causes of party opinions-Views of federalists and of anti-federalists- Governor Adamns-His political opinions-His recommendations of sup- port for schools and teachers of religion.
Ar this period, (1794,) there was a general and strong feeling prevailing through the United States, on the subject of the French revolution. This feeling it was natural for the American people to possess, as the French nation had afforded great assistance to the United States in their struggle for free- dom and independence, and as that people were then believed to be seeking a more mild and free government. These con- siderations operated with all classes of people in the United States, in favor of the revolution in France in 1792 and 93. But when, under the pretence of seeking for political freedom and of merely opposing despotic power, as exercised by the king and his ministers, it appeared, that factions and cabals had taken their place, and that the greatest cruelties and outrages were committed in the name of liberty, the friends of government and order in America were alarmed, and withheld their approbation, which before had been fully expressed. Many citizens of the United States not only strongly condemned these excesses, but they began to doubt the favorable result of the French revolution. And in their condemnation of these excesses and cruelties, spoke with less severity against the former government of France and against monarchy in gen- eral. Others were ready to apologize for these excesses, as unavoidable in a revolution of an old and despotic state ; and to censure the factions less severely than was reasonable. It was not, however, a mere abstract question, or one addressed
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solely to the sympathy of the people of the United States. The citizens of France, who assumed power, on the deposition and execution of the king, interfered with the government of this country, made demands on it, and assumed to dictate what measures it would be proper for it to adopt, in a manner incom- patible with the sovereign rights of the United States. It be- came, therefore, a queston of practical importance what course to pursue. General Washington, then chief magistrate of the union, though justly sensible of the assistance of France in the war of the revolution, and desirous of a reform in the French government, which would be favorable to the liberties of the subjects, was not disposed to compromit the peace and welfare of the United States, by joining that nation in a war with other European powers. He issued a proclamation of neutrality, forbidding the citizens of America to engage in the contest, in any way, between France and the other powers of Europe ; and prohibiting French agents from fitting out armed vessels in the ports of the United States.
This policy of the federal administration was generally ap- proved by the people; but there were some who condemned it, as ungrateful to France, and as deficient in that decided spirit in favor of liberty, which became the American republic, towards the new republic in Europe. That portion of the citizens of Massachusetts, who were of the latter character, gave their support to Governor Adams, and claimed him as their political friend. But he never justified the excesses and cruelties committed by the revolutionary factions in France, though he was not so early in condemning them, or in despair- ing of civil liberty in that country, as some others were. After- wards, he reprobated their conduct as expressly and as severely as others. And, at the time the feelings of the country were most excited, by the improper interference of the French min- ister to the United States, whose conduct was justified or ex- cused by some of the people, Mr. Adams publicly declared his confidence in the wisdom and patriotism of General Waslı- ington, then the chief magistrate of the United States.
From this period is to be dated the origin of two great politi- cal parties, into which the state and country were divided, for several subsequent years. The parties, indeed, began rather at the formation of the federal government, in 1789; for then the people were divided in opinion, as to the excellence, and expedieney even of that government. By those who made great professions of republicanism, it was objected that the fed- eral government approached too nearly to monarchy. But the
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beneficial effects of that government had reconciled many who were opposed to the constitution. The parties, indeed, con- tinued to be thus distinctly marked, but not with much bitter- ness or warmth. The French revolution, and the policy of the federal government, relating to the measures of that nation, served more distinctly to mark the difference between these parties. And when President Washington, in 1794, instituted a special embassy to England, to settle difficulties with that government, and to maintain peace with that nation, if it might be honorably effected, in preference to uniting the destiny of America with France, and joining her in a war against Great Britain, the party professing to be most republican, which had opposed the federal constitution, and the proclamation of neu- trality, became more explicit and more open in their censures. This class of the citizens, in their gratitude to France and their love of republican freedom, as well as from prejudices against England, and a fear, perhaps, of an alliance with that nation, were inclined to assist the French people, even at the hazard of a war with Great Britain; while the other portion, denomi- nated federal republicans, agreeing with General Washington and his cabinet, felt no desire and no obligation to make com- mon cause with France ; and chose rather to make an effort to preserve the commerce and peace of the country. From this period, the two parties became more apparent; and on some occasions their feelings were quite exasperated towards each other. In the warmth of their political disputes, they some- times lost their moderation and candor, and applied epithets and made charges, alternately, which were unjustifiable and unfounded. The federal party was charged with being in favor of monarchy, and friendly to Great Britain; and the democratic, or anti-federal party, was accused of being so de- voted to France, as to be willing to hazard the welfare and peace of the United States for the prosperity of that nation. Sometimes even bribery was charged by each party on the other, in the heat of controversy ; but without proof, or any evidence sufficient to justify belief. And many who opposed the policy and measures of the federal administration, were advocates for liberty, in such a sense, or to such an extent, as was incompatible with the due authority of law and govern- inent.
In pursuance of the instructions of President Washington, Mr. Jay, one of the purest patriots of the revolution, formed a treaty of amity and commerce with Great Britain, in 1794; and thus fortunately prevented an open rupture between that coun-
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try and the United States, which the French rulers of that period attempted to produce, and which even some American citizens seemed ready to justify. Owing to former prejudices against England, and to the belief, that the treaty was not suf- ficiently favorable to the commerce of the United States, it was denounced before it was thoroughly understood; and in Bos- ton, there was a meeting at which it was condemned, " as in- jurious to the interests of navigation, as derogatory to the char- acter of the government, and dangerous to the peace of the country."* The chamber of commerce, in that town, soon after gave an opinion, that the treaty would be more favorable than had been feared, and that it would be proper to ratify it. To the citizens of Boston, General Washington said, in reply : " In every act of my administration, I have sought the happi- ness of my fellow-citizens. For the attainment of this object, my principle is to overlook all local and partial considerations, to consider that sudden impressions, when erroneous, would yield to candid reflection, and to consult chiefly the permanent interests of our country. The constitution is the guide, which I can never abandon : and it assigns to the president and senate the power of making treaties with foreign nations. It was, doubtless, supposed, that two branches of the government would combine, without passion, and with the best means of informa- tion, those facts and principles on which the success of our foreign relations will always depend; that they ought not to substitute, for their own convictions the opinions of others, nor to seek truth through any channel but that of a temperate and well informed investigation." In reply to the Boston chamber of commerce, he said: " While I regret the diversity of opinion which has been manifested on this occasion, it is a great satis- faction to learn, that the commercial part of my fellow-citizens, whose interests are most directly affected, generally consider
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