USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 39
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The democratic party lost influence and friends, in 1807, by the change made in the office of treasurer of the common- wealth. Jonathan Jackson, a citizen of eminent abilities, and of great moral worth, who had also rendered important services to the public, was removed from the treasury department ; and a person, recommended chiefly for his democratic opinions, was appointed in his room. In the course of the year he became a public defaulter, to a large amount. His speculations, and his readiness to accommodate political friends, were the causes of his embarrassments. His sureties were numerous, but few of them were men of property. The deficiency of the treasury, from his improper management, amounted to $78,000: and the state eventually lost a large sum, through default of his bondsmen.
Governor Sullivan died in December, 1808; and Lieutenant Governor Lincoln succeeded to the chair, for the remainder of the political year. He was less tolerant in his political creed than Governor Sullivan had been: and in his public address to the general court, in January, 1809, he condemned the meet- ings of the people, which had been recently held to remonstrate against the embargo as improper, as manifesting a spirit hostile to the government. Individuals might have made declarations, under their sufferings, which could not be justified ; and there were, at that period, some indiscreet and rash speeches respect- ing the policy of the general government; but when the peo- ple considered themselves oppressed, or believed their rulers to be arbitrary, they had always spoken boldly and protested against obnoxious measures. In free governments this has always been the case ; and probably always will be, whoever are the rulers, and whatever the party that feels aggrieved.
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CHAPTER XXXIII.
New Embargo Act-Very obnoxious-Gov. Gore-His character-Charge against Federal Leaders as friends of England-Mr. Gerry chosen Gover- nor -- His political character and views-Measures of the Democratic ad- ministration-Political intolerance and proscription in 1811-Party spirit increases-The Governor denounces Federalists as enemies to the country ; and directs an examination of Newspapers for libels-Complains of the Opinions of the Judicial Court.
IN January, 1809, more than twelve months after the em- bargo was laid, an act was passed by congress to enforce it, from a belief that there had been some evasions of the original. law. Restrictions were laid on coasting vessels, which were oppressive and expensive, and the people became still more discontented. Having no hope of redress from congress, they applied to the general court; and the following resolutions were adopted on the occasion: "That the act of congress, for enforcing the embargo law, is, in many respects, unjust, oppres- sive, and unconstitutional, and not legally binding on the peo- ple ; but to secure certain and permanent relief, it is earnestly recommended to those aggrieved by the operation of this act, to abstain from forcible resistance, and to apply for remedy in a peaceable manner, to the laws of the commonwealth :- That a remonstrance be prepared and forwarded to congress, expressing the opinions and feelings of the people, and urging the repeal of said act :- That the legislature will cooperate with any of the other states, in all legal and constitutional measures, for procuring such amendments to the federal constitution as shall be necessary to obtain protection for commerce, and to give to the commercial states their fair and just consideration in the general government, and for affording permanent security, as well as present relief, from the oppressive measures under which they now suffer."
A charge was made, at this time, as well as afterwards, in 1811 or 1812, that some of the federal party in Massachusetts
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were plotting against the peace and union of the states, and held secret correspondence with British agents, for such a pur- pose. But the charge was as vague as it was unfounded. It was got up, no doubt, for party objects, and in unguarded moments of heated party criminations. When, afterwards, au inquiry was made, both by the state and federal government, no evidence was produced sufficient to raise a suspicion in the mind of any impartial man, that the charge was well founded. The senate of Massachusetts, when the majority was demo- cratic, expressed an opinion entirely exonerating the persons referred to in the idle party charges of the day; and Mr. Madison, president of the United States, when the charge was made to him afterwards, by a foreigner, who was no doubt prompted to make it, from a hope of pecuniary reward, de- clared that no persons had been named, and that no evidence had been furnished, that any persons in the United States had entered into or countenanced any project of the British for destroying the union, or otherwise inimical to the United States.
Christopher Gore was chosen governor, in 1809; a man of eminent talents, and of great political knowledge. He ranked high, also, as a gentleman of honorable feelings and correct moral principles. Mr. Gore was educated for the law, and was eminent in the profession. Few were more powerful in argument, or more eloquent in debate. He was appointed by Washington, the first federal attorney for Massachusetts ; had been employed by government as an agent in England, and was several years a very distinguished member of the general court.
During the year 1809, several companies were forined, in the interior of the commonwealth, for the manufacture of woollen cloths. The business had been prosecuted for a few years, previously, by some enterprising individuals in the west- ern counties. Woollen cloths had been manufactured, to some extent, from the early settlement of Massachusetts; but it was in separate families, and for the use only of those who made it. Many families, before this period, manufactured sufficient for their own consumption ; but it was of an ordinary kind; and those, who had means to purchase better, wore that which was imported. The coarse cloths used by seamen, were also brought from England; or the manufacture in the state was not adequate to the necessities of the whole population. Dur- ing the war of the revolution, a good deal of labor was bestow- ed on the manufacture of woollens ; but after the peace, there were immense importations from England. It was, therefore, a laudable plan, to extend this kind of manufacture. Several
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years elapsed, however, before the government gave it direct and proper encouragement. Still some persons had objections to large manufacturing establishments, and others doubted the justice of giving particular encouragement, by the government, to one branch of business more than to another.
The government of the state was administered with great impartiality by Mr. Gore, and his official acts were fully ap- proved, except that the democratic party were opposed to his political views on the leading measures of the general govern- ment. He was charged with no intolerance towards the party opposed to him. Yet this magnanimous conduct on his part failed to secure the support of those who had opposed his election. Some change of measures in the general government gave strength to the ranks of his opponents. The embargo law was repealed during the year 1809; for it had become extremely oppressive to those engaged in commercial pursuits, and it was found to have little effect in bringing either England or France to relax in their claims, or to cease their depredations on the commerce of the United States. The complaints of the peo- ple increased, and it was difficult to prevent acts of force in re- sisting the provisions of the laws. Yielding to the general dissatisfaction, the federal administration repealed the acts lay- ing the embargo of December, 1807; and when the immediate cause of their sufferings were removed, a portion of the people who had complained of that measure before it was repealed, gave their support to the friends of the general government. At the election of state officers, in 1810, Mr. Gerry had the majority of votes for governor, and succeeded Mr. Gore as chief magistrate. This was a severe disappointment to the federal party, which supported Mr. Gore ; and matter of triumph to the political friends of Mr. Gerry.
On several former occasions, Mr. Gerry had been the demo- cratic candidate for the office of governor. He had been many years in public life, and was an efficient advocate for the liber- ty and independence of the country, from the period of 1775. He was a delegate from Massachusetts to the continental con- gress, in 1776, and subscribed the memorable declaration of independence in that year. He was also a member of the continental convention which framed the constitution of 1787 ; but did not entirely approve of it. He considered its tendency would be to a consolidated or national government, to the inju- rious diminution of the rights and power of the separate states. For several years, he was a member of congress, and faithfully supported the interests of the commercial states. In 1799, he was appointed an envoy to the court of France, by President
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Adams, with Judge Marshall, of Virginia, and General Pinck- ney, of South Carolina. His conduct, on that occasion, de- prived him of the good opinion of the federal party ; and it was generally admitted, that he was not sufficiently decided in his diplomatic intercourse with the French ministers. The defect in the character of Governor Gerry, as a politician, was want of firmness and decision. The charge made against him was, that he changed his views by the adroit management of the agents of France ; or that he was vain enough to suppose he could negotiate alone after his colleagues had become convinced that no treaty could be made, consistent with the interests and honor of the United States.
When Mr. Gerry was chosen governor he probably intended, as Governor Sullivan had done, to pursue an impartial course. But those who brought him into the chair urged him on to party measures, and he yielded at last to their entreaties or their threats. Both branches of the legislature, in 1810 and 1811, the two years Mr. Gerry was governor, were democrat- ic; and by joining with the majorities of the two houses, he assisted in carrying into effect several measures, merely for party purposes. The first year, indeed, little was done with this view, which was very grossly intolerant. But his public speech, on his re-election, in 1811, fully indicated a disposition to proscribe all those who did not approve and applaud the policy of the general government, and support the measures of the democratic leaders in the state. He not only expressed his entire approbation of the conduct of President Madison and his cabinet, which was considered equally unfavorable to com- merce as that of Mr. Jefferson had been ; but he censured, with no little asperity, all opposition to the course of the general government, whether resolves passed at public meetings, or by writings in the newspapers. He denounced all disagreement with the acts of congress, or measures of administration, as a great impropriety, and as tending even to the subversion of the government. The opinions he expressed were entirely in accordance with those of the governors under the kings of England, who always pronounced mere opposition in opinion as of dangerous tendency. But such sentiments were seldom de- clared by the chief magistrate of a state, except, in a much later period, when the interested supporters of the conduct of administration led then to denounce all such to be enemies of the government, as dared to point out and remonstrate against the exercise of arbitrary power.
To give full effect to the system proposed, the laws were altered, in several instances, so as to give the appointment for
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office to the governor and his council, which before was in other hands. A law was made, giving appointments of the clerks of the judicial courts to the governor, which had former- ly been the privilege and right of the judges. And the courts of common pleas were organized anew ; which gave opportu- nity for the appointment of the political friends of the dominant party. In some instances, the veteran patriots of the revolu- tion, who had been among the most faithful friends of the coun- try, in the severest trials, were removed from office, to give room for the zealous professors of democracy. And in many cases, faithful and able officers were dismissed, that those dis- tinguished only for party zeal and devotion might be rewarded.
The spirit of party in the state and through the union con- tinued with increasing asperity. The public papers were filled with criminations and recriminations ; and there was little pros- pect of soothing the exasperated feelings of the people. The friends of the general government denounced all who dared complain of its policy ; and the federal party censured the national administration in unmeasured terms, as so devoted to France, as to compromit the welfare and honor of the United States. Governor Gerry suffered himself to be carried away by the feelings and prejudices of his party, instead of exerting his official influence to allay the public excitement, as his pre- decessors had done. In his speech to the general court, in Jan- uary, 1812, he denounced the federalists, as anti-republican in their principles, and as preferring the monarchy of England to the government of America. His expressions were as harsh as they were undignified. Although there was no proof or appearance of proof, that such a charge was true, it must be supposed, in charity, that some dark surmises had been suggest- ed, or plausible representations made, which led him to fear, that the federal leaders were plotting against the peace of the republic. "Are we not called upon to decide (said he) whether we will commit the liberty and independence of our- selves and posterity to the fidelity and protection of a national administration, at the head of which is a Madison, supported by an executive department, a senate, and house of represent- atives, abounding with meritorious patriots ; or to a British administration, the disciples of Bute, who wished to enslave these states, and to American loyalists, who cooperated with that government to bind us in chains ?"
A motion was made in the house of representatives for a committee to inquire what evidence there was of a British par- ty in Massachusetts. The motion was opposed by the politi- al friends of the governor ; and no committee was raised, and
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no inquiry made on the subject. It better served the purposes of those who made the accusation, to deal in vague charges and suggestions, to excite the prejudices of the people, than to have real facts disclosed, and unjust insinuations disproved, which might allay the popular excitement.
Soon after, the governor directed the attorney general to examine the newspapers published in Boston, and report to him the number of libellous publications which they contained. The attorney general reported two hundred and fifty-two, the greater part of which were in a small obscure paper ; but fifty were in the Centinel, thirty-eight in the Gazette, thirty-seven in the Repertory, and eight in the Chronicle. The indepen- dent editor of the Centinel publicly called on the attorney gen- eral to detect a single libellous expression in his paper, unless the truth were a libel. The governor seemed to be much excited at this time, by the independent manner in which the people inquired into the conduct of public agents, and by the fearlessness with which they censured measures calculated to check the prosperity, and to hazard the peace of the country. He mistook the character of the people. They were fully sen- sible of their right to discuss the measures of government ; and knew their duty too well to omit bearing testimony against misguided councils. In his severe denunciations against popu- lar meetings, and a free declarations of opinion, Mr. Gerry Jost the support of moderate men, though he might quicken the zeal of his partisan adherents. And he exposed himself to still greater censure, by interfering with the judicial department. In November preceding, Justice Parker, of the supreme court, stated to the jury what constituted a libel, as several pieces had then recently appeared in the public papers, which were said to be libellous. The remarks of the learned judge were not agreeable to the governor, and he sent for a copy. In reply, the judge expressed his belief that he was not responsi- ble to the governor for his opinions or conduct, and that the judicial department was wholly independent of the executive. He directed the original speech delivered before the grand jury, however, to be forwarded to the governor; conscious it contained no sentiments or remarks which were not legally correct. The conduct of the governor, on this occasion, was generally pronounced highly improper. The executive has no constitutional right to control or direct the judiciary. Another mode was pointed out, for investigating the condnet of a judge. The governor discovered a disposition to interfere both with the prerogatives of the judge and of the jury. He complained of libellous publications, and set the attorney general on the
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search after them. The judge gave an opinion, fairly and independently, as if he knew of no excitement, and no party ; and the jury found no indictments. And the charge was still made, that the judge and the jurors were under the influence of party feelings. The sober citizens thought this a libel.
In other circumstances, this conduct would have been most decidedly condemned. For the governor of a state, or the president of the United States, to interfere with the opinions or decisions of the judges, especially on questions relating to political measures, or their own official conduct, would be consid- ered very improper, by all disinterested men. On an occasion of more recent date, when it was conjectured that the president of the United States attempted to interfere with the decision of the judges of the federal court, the people were alarmed at such conduet, as irregular and dangerous, and indignant at the arbitrary temper it manifested. . A few days before the general court closed their winter session of 1812, Governor Gerry sent a message to them, on the subject of libels ; * and while it was under consideration, a member of the senate of the federal party, offered the resolution following :- " That the governor, in denouncing various publications in the Boston papers as libels, after a grand jury on examination of them had refused to prefer indictments, manifests an alarming dis- position to usurp the power belonging to the judiciary depart- ment, tending to criminate and injure the reputation of indi- viduals, without affording them an apportunity for defence ; and the employing of law officers of the commonwealth, in examining files of newspapers, for the purpose of collecting and divesting such publications, with a view of presenting them to the legislature, instead of a grand jury, is a departure from his constitutional province and an infringement on private rights." In support of the resolution, it was said, " that the
* In this message, the governor insisted that the court and the grand . jury were partial ; and that the judge in his exposition of the law was inis- taken. He referred to the common law of England on libels, and con- tended that it was in force in this country ; and that it was not to be in- quired whether the libels (as he called them) in the papers were true, or not ; and that it was enough to prove them libellous, that they were in- tended to render the persons or party alluded to, unpopular and obnoxious. It was the more remarkable, that Governor Gerry, as the advocate of the democratic party, should advance this doctrine of the common law on libels, when that party had made great objections to the sedition law of congress, in 1798, though it expressly provided that the truth might be given in evidence, as a justification. Judge Parsons, before this, had made a. distinction between a publication against a private person, and a candidate for public office, or one in office ; " that what would be a libel in the former case would not be in the latter, because the truth ought to be known of a public officer, or candidate for office, for the good of the people, and the preservation of liberty."
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message of the governor was most extraordinary and alarming ; striking at the fundamental principles of the constitution and of civil liberty ; tending, if suffered to pass into a precedent, to break down the barriers enacted by the constitution for the safety of the people, and to destroy all personal liberty and security ; that if the governor could thus put at defiance the privileges of trial by jury, and with his law officers dependent on himself, set in judgment on the printers, condemn them unheard, and proclaim their condemnation to the world, after the grand jury had refused to find bills against them, no class of citizens were safe, and all would be liable to the same ex- ercise of power."
The dissatisfaction with measures of the general govern- ment, as they were deemed highly unfavorable to com- merce, and indicative of a disposition in the administration to have a war with England, increased in Massachusetts, at this period ; and as governor Gerry advocated those measures, he lost the support of some moderate men of his political party. The policy of Mr. Jefferson, in attempting to injure Great Britain by suspending commercial intercourse with that coun- try, was pursued by President Madison. The people of Massachusetts had long complained of such a course, as more injurious to the United States than to England. And when the conduct of Mr. Madison and his cabinet indicated war with that nation, the people became still more alarmed and more ready to complain. A war, it was said, would be highly injurious to America ; and it was not supposed necessary for the interest or honor of the government. The difficulties between the two nations, many contended, could be equitably adjusted by negotiation.
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CHAPTER XXXIV.
Governor Strong, 1812-His political opinions-Political character of the house-Bitterness of party feelings-Memorial against war-Governor's Speech-War declared against England-Call for the Militia-Objections to war-And to ordering out the militia-General order of the Governor, for the militia to be in readiness to repel invasion-Extra session of general court-The Governor's statement.
AT the election in April, 1812, by great efforts on the part of the federalists, who then advocated peace, and the free pursuits of commerce, Caleb Strong was chosen governor, in opposition to Mr. Gerry, who had been in office two years, and had the support of the democratic party. The elections for the governor and members of the general court called forth uncommon exertions. Mr. Strong was elected by a very small majority of votes ; but the majority of representatives was also federal, and was then distinguished as the peace party .* The public mind was greatly excited, and the spirit of political parties manifested itself with more than common bitterness.
It was 'now five years since Governor Strong occupied the chair of state ; and during this period he had kept entirely aloof from party politics. In his address to the general court, on this occasion, as at a former time, when there were severe disputes between the parties, he aimed rather to allay, than to excite political controversy. Yet he administered mild re- buke, by implication, in the following paragraphs, to those who were ready to use the power of office, rather to reward political friends, than for the public good. " Our constitution
* At the beginning of the session in May, 1812, before the declaration of hostilities by congress, but when it was heard the dominant party in that body were disposed to war, the representatives sent a memorial remonstra- ting against it, and praying that peace might be preserved. The votes were 406 for the memorial, and 240 against it.
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forbids any exclusive pretensions to the honors of the state. Every class of men are entitled to partake of the same advan- tages, and have an equal and common right. If this is in- fringed, we may expect that discontents and animosities will prevail. We ought indeed, to select persons of ability and integrity for public employment. But if we make it a rule to advance only our political friends, we shall become the heads of a party, and be incapable of preserving, with equity and moderation, the rights of the whole people. In monarchies, the prince is the source of all power, and the fountain of honor and office. He therefore thinks himself authorized, in appointing his subordinate officers, to reward the attachment, and to purchase the future support, of his adherents. But, in republics, the people are possessed of the sovereign power, and legislators and magistrates, elected by them, are bound to employ their authority for the common benefit. They have no right to consider the power deputed to them as their own property, or to make vacancies or appointments, for selfish or
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