USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 37
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* Perhaps, there can be no greater evidence of the unpopularity of the treaty agreed to by Judge Jay with England, in 1794, than the almost unan- imous vote of a Boston town meeting, attended by the political friends of Washington, and supporters of the federal government, at that time. It is true, however, that the meeting was got up at short notice, and the report was, that the treaty was highly injurious to the commercial interests of the country. But the fact affords proof of the great mischief of acting under a sudden excitement. The treaty had not then been published. General Washington gave a gentle rebuke to the Bostonians, on this occa- sion ; which they indeed justly deserved, but which they would not have received from any other president, without a prompt expression of their feelings. The opinion expressed by the chamber of commerce, in Boston, a few days after, when there had been time fully to consider the terms of the treaty, was very different from the resolutions of the town, which were adopted under the influence of a popular excitement.
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the treaty as calculated, on the whole, to procure important advantages to our country."
In this season of general prosperity and of advancement in wealth, the interests of education and of letters were also zeal- ously cherished. A society was formed in Massachusetts, in 1794, for the purpose of collecting and publishing such manu- scripts, pamphlets, and documents, as would serve for materials of a correct and full history of the state from its first settlements. The labors of the society have proved very useful in promoting the objects proposed by its liberal founders. Of these, Rev. Dr. Belknap was the principal; his early fellow laborers were James Sullivan, James Winthrop, William Tudor, Rev. Peter Thacher, Rev. John Eliot, Rev. James Freeman, and George R. Minot. The same year a college was established at Brunswick, in that section of the state called Maine, and afterwards formed into a separate commonwealth. It received the name of Bowdoin College, in honor of Governor Bowdoin, who was a distinguished public and literary character in Massa- chusetts ; and whose son gave a large part of his patrimonial estate to the institution. It soon became a great benefit to that part of the country; then and afterwards rapidly increas- ing in wealth and population.
The political parties in the state and country, originated and distinguished as before related, continued for several years, and occasionally manifested great asperity and bitterness towards each other. Both were sensible of the necessity of good gov- ernment, and were attached to republican freedom. No one could be more decided in favor of rational liberty than General Washington : no one could be more ready to support the laws than Governor Adams .* Yet some of the supporters of the former were probably in favor of a stronger government than the federal constitution provided ; and some of the adher- ents of the latter avowed sentiments dangerous to the peace of society, and incompatible with the authority of government. The great dispute with the majority of each party was, as to the best measures of maintaining constitutional authority and liberty. The anti-federal or democratic party were most apprehensive of encroachments on liberty ; and therefore chiefly desirous of adopting measures to prevent them. The federal party, sensi- ble of the necessity of good government, and fearful of the
* This reference is made because General Washington was at the head of the federal administration, at this time;' and Governor Adams was deemed the head of the democratic party in Massachusetts,
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effects of the demoralizing and leveling principles which were prevailing in France, and insinuating into society in America, were particularly careful to guard against misrule, and to sup- port the legitimate powers of government ; not, however, by any arbitrary measures or by abridging the constitutional liber- ties of the people. The latter aimed rather to make the con- stitution their rule and guide, than the opinion of a portion of the people, prematurely expressed under sudden excitement, though pretended to be the public sentiment, when the sober and reflecting part of the community had different views.
It would be incorrect and uncandid to characterize the parties by saying, one was for liberty without law, and the other, for law without liberty : both were friends of constitutional liberty and law. The question was as to the best and surest means of preserving the former, and of supporting the latter. And the dispute arose from prejudices and partialities growing out of a former period, the war of the revolution, when the British were the enemies, and the French the friends of the United States.
The extensive powers of the federal government served to strengthen, but did not give the greatest force to the different views and feelings of these parties, and yet, at a later period, when the partialities for France, in a great measure, ceased to operate, the political parties continued ; owing chiefly to a dis- position in one party to extend the powers of the federal gov- ernment, by a liberal construction of the constitution ; and, in the other, to the principle of consulting the people, as to its meaning and design. Thus both parties deviated from the directions of that (almost) sacred instrument ; the one justifying any exercise of power by inference ; and the other making it less a guide, than the pretended opinion of the people, however hastily formed and expressed.
Like his predecessors, Hancock and Bowdoin, Governor Adams frequently expressed his sense of the importance of the religious and literary institutions of the state ; and officially recommended to the legislature to make suitable provisions for the support of christian teachers, and of instructers of youth, at the public expense. He was one of the framers of the con- stitution of Massachusetts, and had a principal share in prepar- ing the bill of rights, which declares it the duty of the rulers of the commonwealth to provide for the maintenance of public schools, and of religious worship and instruction ; but leaving it to the people, in the several towns and districts, to choose their respective teachers, and to determine their compensation.
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The statesmen who framed the constitution were fully sensible, that the intelligence, moral habits, and good order of the com- munity were chiefly to be attributed to the institutions, long maintained in Massachusetts, for christian worship and instruc- tion, and for the education of children of all classes and grades of the people. The third article of the bill of rights, which is a part of the constitution of Massachusetts, was not agreed to by the convention which formed that instrument, without long discussion and deliberation. There was a desire in the conven- tion to provide by law for the support of public religious instruction in all the towns in the state, as well as for public schools for the whole population, with a view to social order, but to allow every citizen perfect liberty of conscience, as to the forms of worship, and the peculiarities of speculative opin- jons. In 1833, the third article was stricken out of the bill of rights, by the consent of the people, on recommendation of the general court
CHAPTER XXX.
M :. Adams President of Uamed States-Poibeil parties comtimme: 202 party feelings swrong-Mr. Acims's opinions and character-Gorem :: Adams declines-Judge Summer elected-Stile of pabue opinion-Gor- er :: Somos: recoosen-D.Elties with France-Meirares of defense-
THE two great political parties, dividing the people of Mas- sachusetis, as well as of the other states. pearly in equal com- bers. remained when John Adams was elected President of the United States, in 1797. General Washington bad beld the place eight years, and then positively declined a reelection. Mr. Adams bad been vice president while General Washington was the chief magistrate ; and he bad filled several highly im- portant and responsible stations in the general poremmen: with great ability and integrity. He was one of the Erst delegates to the continental congress in September, 1774 : and costoved to be appointed every year after. till he was sent ambassador to France, in 1718. He continued in Europe several years. in 2 public capacity. where be rendered essentiel service to the l'ai- ted States. during the latter period of the war of the revolution, both in France and Holland ; in negotiating the peace of 1753; and. afterwards. as envoy to the British court. But there were prejudices cherished ageins: bim br a portion of the people. who were ignorant of his true character. or who misrepresented his political views from sinister motives. He never had che entire confidence of so great a portion of the country as Wasb- ington possessed : and it was even pretended. that he was in favor of monarchy : especially of a limited monarchy. like the: of England. And in some of his political writers. be bad spoken in commendation of various parts of the British ocostitu- tion. compared to other European governments. At an early period of the French revolution. he had also predicted the errors and excesses with which the people of that nation were afterwards chargeable.
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Under the administration of President Adams, the opposi- tion to the federal government increased, and the parties be- came still more distinctly marked and known. This was par- ticularly the case in Massachusetts. While Governor Adams was a candidate, though he disapproved of some of the mea- sures of the federal administration, he had no formidable rival. Some were dissatisfied ; but they either presumed his opposi- tion would not be violent or general, or that it would be vain to set up an opposing candidate, when he gave notice, in the beginning of 1797, that lie declined the suffrages of the people, because of his age and infirmities. There was then a candidate for the place of chief magistrate offered by each political party in the state. Increase Sumner, one of the justices of the supreme judicial court, who was supported by the federal party, was elected. Moses Gill, the lieutenant governor, and James Sul- livan, the attorney general, were also candidates for the office. They received the votes of the anti-federal party, being con- sidered more in favor of the power of the states and of the liberties of the people, but not avowed or decided opposers of the measures of the federal government.
In his first public address to the general court, on being in- ducted into office, June, 1797, Governor Summer spoke with decided and entire approbation of the policy and measures of the federal administration. He expressed his belief of the wis- dom and prudence of the course pursued by General Washing- ton, and as having been necessary for the peace, prosperity, and honor of the United States. And he declared his confi- dence in the intelligence and patriotism of President Adams, as qualifying him to administer the government with safety to the country, and in accordance with the great principles of the constitution. President Adams was a decided and zealous friend of commerce; and this rendered him more acceptable to the people of the eastern, than to those in the southern and western parts of the union. The treaty with Great Britain also operated more favorably than had been apprehended or pre- dicted ; and this removed one great objection to the federal administration. Still the conduct of the two great belligerent powers in Europe, was such as to be injurious to the rights of neutral nations ; and to none more than to the United States.
The commerce of America, at this period, (1797,) was sub- ject to frequent depredations. In their plans to injure each other, both France and England were chargeable with commit- ting great injustice and outrage on the merchants of the United States. The people loudly complained, and many were de- sirous of retaliatory measures. Some demanded war against
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England, and some against France ; and some advised to retire from the ocean, as the only wise and safe expedient.
In this state of the public mind, and with these conflicting opinions, the federal administration had much opposition to encounter, and the discharge of its duty to the country was ex- tremely difficult. It was impossible to satisfy all the people, and not easy to decide which was the just and safe course. To maintain its neutral position, and to preserve peace if pos- sible, seemed to be the policy and the wish of the administra- tion. But it owed something to its own honor, and more to the interests of the people: and it was said, there was a point beyond which forbearance would neither be honorable nor safe. The majority of the people in Massachusetts manifested their approbation of the policy of the federal government, by the reelection, in 1798, of Mr. Sumner, who gave Mr. Adams' measures his decided support. The conduct of the French rulers was so threatening and hostile, that an attack by thein on the coasts of the United States was feared; and the governor recommended to the general court to adopt defensive measures for the protection of the people on the seaboard of the com- monwealth.
At this period, the federal government gave authority for building several large frigates, and for raising an army, for the protection and safety of the United States, if an attack should be made by any foreign nation. President Adams ordered one to be built in Boston, which was called the Constitution; and the officers from Massachusetts, appointed for the provisional army, were Henry Knox, as major general, and John Brooks, as a brigadier. These measures, with some others adopted at the same time, served to increase the opposition in Massachu- setts to the federal administration; for it was said to create a needless expense, as the French would not probably send troops to invade the country. And the objection was greater to an army than to a navy. For the latter might be necessary for the protection of commerce, in which a great portion of the state was engaged. Political parties, of the character pre- viously existing, were very bitter in their writings; and their disputes respecting candidates for office, were fierce and violent. Those who complained of French aggressions were charged with being the friends of Great Britain; and such as censured British depredations were accused as being the friends of France .. And the great dispute with many was, not whether the United States had unjustly and wantonly suffered, and what was necessary for redress and defence, but whether war should be declared against England or France. No doubt
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there was much true patriotism in most of each party, and that each and all would readily defend their own country against any foreign power, which should dare to invade it; but the question was, which was most unjust and violent in its treat- ment, and which ought to be selected for hostile attack. There was, however, apparently too much of passion and pre- judice mixed with patriotism, in a great portion of the people, to qualify them to decide with perfect impartiality and correct- ness. The spirit of party had undue influence; and, as in all similar cases, few were justly desirous of forming a just and correct judgment. When party feelings have been long cher- ished, the people contend for victory rather than truth; and seek rather to confound their opponents than to establish what is right .*
* Party is an evil incident to all free governments. In a republic, where all the citizens have a right to speak and vote, and a chance to gain power and office, there will be an indulgence of the selfish passions, as well as a diversity of political opinions. Such is the fact even in England. In the United States, it is much more so. Whether a politician shall be esteemed honest and patriotic, or not, must depend on his general character, rather than on his particular opinions, touching the conduct and policy of rulers. The intelligence and good sense of the people can alone correct the evil, so far as it is possible to prevent or restrain it at all.
CHAPTER XXXI.
Legal Provision for Public Worship, and Religious Teachers-Complaints by minor seets of the Constitution on the subject-A law in 1800, more favorable to religions liberty-Reference to law of 1811-Com- plaints of Alien and Sedition Acts-Resolutions of Virginia, condemning then-General Court of Massachusetts disagrees to Resolutions of Vir- ginia-Death of Gov. Sumner-Gov. Strong-His character and opinions -Death of General Washington-Gov. Strong reelected-His Concilia- tory Speech.
RELIGIOUS freedom was always a subject of strong interest with the people of Massachusetts. It led to their emigration from their native country, and to their settlement in a far dis- tant and wild region. Their descendants always cherished the same spirit. The article in the constitution of the common- wealth was the result of much debate and deliberation. It was nearly the universal opinion, that religion was important to the order of society, as its sanctions were essential to virtue and morality. But it was a question, how far civil government might justly or safely interfere by directions and laws for the support of religion. Some insisted that the civil authority should require nothing, but leave religion wholly to the will and choice of every individual: while the majority were of opinion, that the legislature should have power to require the support of religious teachers and worship; leaving it to the people to choose their teachers, and their particular form of worship, provided that was christian and protestant.
The constitution had been generally so construed as to give dissatisfaction to those who belonged to minor sects or denom- inations ; for it had been decided, that except a person usually and statedly attended a different place of worship, he must pay to the support of the minister of the town where he resided, though he could not conscientiously attend his instructions : thus subjecting a person to the inconvenience and trouble of obtaining a certificate from the minister or society where he
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chose to worship, of his being of their communion. And this was alleged to be an abridgment of the right to worship God with such denomination as one might choose. One was, indeed, allowed the privilege, but was subject to some inconvenience and expense in securing its enjoyment. In March, 1800, a law was passed on the subject, considered more consistent with religious liberty, and more favorable to the smaller sects, than the former statutes, enacted before the revolution. It provided, that one who was of a different denomination from the majority of a town might pay towards the support of the teacher on whose instructions he usually attended, instead of paying, as had before been required, to the teacher of the town, whom it was not his choice to hear. But even this law did not give full satisfaction to all religious sects. It was still objected, that those who belonged to congregational churches had peculiar privileges. And it was not till the passage of the law of 1811, which removed all hostilities, that those who had complained of ecclesiastical oppression became contented with the legal pro- visions of the state, for the support of religious teachers and worship. But those who approved of the article in the con- stitution, requiring religious worship and instruction, considered the last mentioned law as a dangerous innovation; since, in effect, it allowed a small portion of the people in a town to decide whether they would have any religious teachers at all.
In 1778, while Governor Sumner was in the chair, a ques- tion arose in Virginia, as to the constitutionality of two acts of congress ; and the subject was discussed with uncommon inter- est, in all parts of the country. These were the sedition and alien acts ; by which the president was authorized to send aliens out of the United States, if lie should deem them dangerous characters, without trial ; and persons were made liable to pro- secution for a libel, if they accused the members of administra- tion unjustly. The first law was objected to, as being arbitrary, and as giving too much power to the executive ; and the latter, as interfering with the freedom of speech, and of the press ; which was highly improper in a free government. The legis- lature of Virginia pronounced these laws to be unconstitutional, and as exceeding the power given to the federal government: and therefore declared them to be null and void. They also appealed to the other states, in the hope that they would unite. in declaring them unconstitutional and unjust. When Governor Sumner communicated these proceedings of Virginia to the general court, he expressed an opinion in favor of the acts of congress, to which they referred; as aliens, if dangerous per-
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sons, by misrepresenting the measures of government, might justly be required to leave the country, without demanding the right of legal process, to which the citizens would be entitled; and as those, charged with a libel against the rulers, could justify themselves by showing that the charges, alleged to be libellous, were well founded and true. He thought the safety of the United States required or justified such laws by the federal government. The majority of the general court sustained the governor in his views ; and expressed their opin- ion, that the acts of congress were constitutional and proper, which the legislature of Virginia, and some other states, had declared arbitrary and unjust.
The report made, on this occasion, in the house of repre- sentatives, which was adopted by a vote of one hundred and sixteen to twenty-nine, contained the following resolutions :- "That this legislature are persuaded, that the decision of all cases, in law and equity, arising under the constitution of the United States, and the construction of all laws made in pursu- ance thereof, are exclusively vested by the people, in the judi- cial courts of the United States :- That the people, in that solemn compact, which is declared to be the supreme law of the land, have not constituted the state legislatures the judges of the acts or measures of the federal government, but have confided to them the power of proposing such amendments of the constitution as shall appear to them necessary to the inter- ests, or conformable to the wishes of the people whom they represent :- That by this construction of the constitution, an amicable and dispassionate remedy is pointed out, for any evil which experience may prove to exist, and the peace and pros- perity of the United States may be preserved without inter- ruption."
Governor Sumner died in June, 1799, and Moses Gill, the lieutenant governor, acted as chief magistrate through the year. In 1800, Caleb Strong was elected governor, but by a small majority of votes ; Elbridge Gerry was the opposing candidate. Mr. Gerry was supported by the democratic, or anti-federal party. He was opposed to the constitution of the United States, from a belief that the power of the individual states would be too much restricted, and that its tendency. was to consolidation. He had also been an apologist for France, in most cases of dispute between that government and the United States, and condemned the policy of the federal admin- istration in relation to that country and to England. Mr. Strong received the full support of the federal party. At that period, the two parties were nearly equally divided in
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Massachusetts, and through the union. The different opinions and views of the parties were such as had distinguished them for several years. Their prejudices and partialities were the same. Governor Strong had been long in public life, when he was elected chief magistrate of the state. He was active in the revolution, and had repeatedly been a member of the legislature. He was a delegate from Massachusetts, in the general convention of 1787, which framed the fed- eral constitution, and a member of the convention, by which it was adopted in the state. When the federal government was first established, he was appointed a senator in congress, where his services were very useful ; especially as chair- man of the committee to prepare a law for organizing the judiciary of the United States. Before this, he had been eminent as a counsellor of law ; and had been appointed a justice of the supreme court of Massachusetts. His talents were of a high order, and his moral character was remarkably pure and elevated. In his political views, he agreed entirely with General Washington and President Adams ; and the measures of their administration received his official approba- tion and support. General Washington died a few months* before Governor Strong was elected chief magistrate ; and in his first address to the general court, he spoke of him in the following high, but just terms of eulogy. " His patriotism and eminent services endeared him to every friend of America ; and his fame has spread through the chvilized world :- His. integrity and his purity of manners, his respect for the institu- tions of religion, and his zeal for the public welfare, made him equally conspicuous, and ought to be imitated by the citizens of the United States. Let us cherish the remembrance of his modest worth, and form ourselves after the example of his private and public virtues ; and we shall be safe and happy, and shall inherit the land forever."
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