USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 41
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of the justice of it, must be extremely doubtful .* A few indi- viduals may gain by an offensive war; but the great body of the people have nothing to gain or hope for. In republics, the increase of power has often occasioned severe calamities, by increasing their pride and arrogance, and inspiring rash councils and extravagant measures. And when they have been successful in foreign wars, and acquired the title of con- querors, they have generally and speedily lost their free form of government."
During the year 1813, measures for the defence of the state were continued, chiefly on the seacoasts, where invasion would be made, if attempted at all. Some fortifications were thrown up, and small companies of the militia were occasionally called out. Governor Strong recommended this preparation ; and the general court readily made appropriations to a large amount, to be expended as the executive should direct. The governor was desired to call on the general government for fire-arms to supply the militia called into service, according to a former act of congress. The law provided, that each state should have arms for the militia, at the expense of congress, in proportion to their respective numbers. But the secretary of war declin- ed furnishing any arms for Massachusetts, on the plea, that other parts of the United States were more exposed, and the militia in those parts had greater need of them. This refusal was matter of complaint in Massachusetts, the seacoasts being very extensive, and more exposed to the British ships, than most other states, and all the regular troops being marched from its limits. To which was added, that the administration had a year before called for the militia to be ordered out for the protection of the coasts, even then in danger of invasion.
The question, as to the constitutional power of the president to call out the militia, was still agitated ; and was the occasion of many political essays in the public papers ; some of which, as in all party disputes, were distinguished rather for asperity than argument. The federal party, as it was designated, though charged, in the administration of Mr. Adams in 1798 and 1800, with extending the powers of congress and the gen- eral government, by a liberal construction of the constitution, now insisted on keeping the national rulers to the strict letter of that compact. They denied the right of the president to call out the militia, and therefore the obligation of the governor
Soon after the declaration of war, though said to be solely for the de- fence of the country, the regular troops were ordered to invade Canada, and to add that territory, by conquest, to the United States.
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of a state to order them into the field, except to repel invasion, as provided in the constitution: as otherwise there was no limits. or control of his authority to convert them into a perma- nent army. The friends of the administration asserted, that the nature of the case supposed, that the president might call them out to prevent invasion according to his own judgment, his own belief of danger, or to give full effect to his plans of defence ; in which case, he might order away the regular troops for other purposes, and rely solely on the militia for defence of a state, to be ready for which, it might be necessary to prevent as well as to repel an invasion. The executive, they said, was to defend the country, and he must have the dispo- sal of all its force, and be responsible for the manner of exercis- ing his power. The parties appear to have been at issue on this subject. And yet the admission of the secretary of war (Mr. Monroe) in February, 1814, and the doctrine of Governor Strong were not at so great variance, but they might have been reconciled. And it was the opinion of many of the citizens, that if the commanding officer of the United States service, in the District of Massachusetts had been duly conciliating and courteous, there would have been no collision. Mr. Monroe said, in a letter to congress, " the military commanders were required, by the president, to watch the movements of the ene- my, and to summon the militia to the field, on menace of inva- sion. The object was to afford the best protection, with the least possible burden to the people." The orders of Governor Strong, though he declined putting the militia under the Uni- ted States officer, as requested, or calling them out when there was no invasion, nor imminent danger of it, secured the object of the president, consistent with the rights of the militia and with the least burden to the people.
In December, 1813, congress passed an embargo act which added to the sufferings and increased the complaints of the people. It was so severe as to inderdict the coasting trade hetween ports in the same state, aud the fishing business ir small craft near the coast ; which proved very oppressive to a great portion of the inhabitants. The reason given for this measure was, that some vessels which cleared out as coasters went to the ports of the enemy. The law was the more obnoxious, because it gave power to the president and his agents to dispense with its prohibitions in favor of some towns, and thus gave an opportunity for the display of political partialities. The fishermen of Boston, who were thus arbitraily deprived of the means of obtaining their daily bread, petitioned the general court for relief. They said, " they were aware
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that the nation was involved in a disastrous and ruinous war ; but though they were ready to submit to the necessary priva- tions it might occasion, they had to learn that any principles of civil liberty, of expediency, or even of despotism could justify the sacrifice of one portion of the community, while others were permitted to riot in prosperity and luxury. With the light which the constitution affords, we have searched for the authority of congress to restrict the coasting trade between ports in the same state, but can find no such power given. We formerly thought there was a division of sovereignty, and that some portion of power was reserved to the states, respectively. We did not know, till painful experience con- vinced us, that state sovereignties were an empty name in the opinion of the national rulers."
During the session of the general court in January, 1814, petitions were preferred from more than fifty towns, many of them in the interior of the commonwealth, stating the suffer- ing condition of the people, and expressing great dissatisfaction with the measures of the general government. The com- mittee to whom the petitions were referred, reported resolu- tions, which were approved by a large majority, " declaring the embargo act, in many of its provisions, as not warranted by the constitution, and as violating the rights of the people ; claiming the right at all times of fishing on and near the coasts, and of passing from one port to another within the state ; and of the necessity of these pursuits to the support of a large portion of the citizens ; that the power of interfering with these pursuits was never delegated to congress, and that the act prohibiting them was unconstitutional and void. That, as the complaints of the people constitute a continued claim on the government till their grievances are redressed, the several petitions presented to this general court, be delivered to the governor, with a request that they be laid before the legislature, at an early day of the next session." *
The friends of the national administration censured the con- duct both of the people and legislature of Massachusetts for disapproving and remonstrating against the measure of the general government. They contended that Governor Strong and the general court had no right to interfere with the measures of the national government, whose power was para-
" In 1814, the legislature made a liberal appropriation for the benefit of the colleges in the state. To Harvard University ten thousand dollars a year were granted; and to Williams and Bowdoin Colleges three thousand each. This appropriation was from the proceeds of the tax on banks ; and was continued for the period of ten years.
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mount in all cases to the authority of a state, especially, as to war and peace, and as to the mode of conducting the war. The governor was charged with violating his oath and his duty', in not implicitly obeying all the orders of the president and his officers. It was also attempted to be shown, that the war was necessary and just; and therefore required the support of every patriotic citizen. Governor Strong was charged with " impertinence " for questioning the wisdom or constitutionality of some measures adopted by the national administration ; and it was pretended that he was engaged in the unholy design of opposing the general government by force, and of intending to destroy the union.
These charges were no further well founded than that Governor Strong and the federal party disapproved of the war and often remonstrated against it. They who made such charges had forgotten perhaps, that their party had condemed and remonstrated against the treaty made with England by General Washington in 1794, and the measures of Mr. Adams in 1798, in much more severe and threatening language. But party politicians seem to think little of consistency, ex- cept it is so great as to affect their popularity and influence. The men, who at one period have contended most zealously for state rights, have, in other circumstances, denied that the rulers of a state had any right to inquire whether the acts of the national administration were constitutional, or could justly hesitate in complying with the orders of the federal govern- ment. The dominant party can always find reasons for re- conciling their measures to the constitution ; and the opposition at the same time will attenipt to show that the constitution has been violated by those in power.
Although the opposition to the war continued, greater pre- parations for defence were made in the spring and summer of 1814, than in the preceding year. The danger of invasion, or of depredations on the coast had increased. A greater number of the enemy's vessels were liovering near the harbors than at any former period of the war. The United States forts in the harbor of Boston were left almost destitute, and the navy yard and public ships and stores were exposed to attacks from the British. Detachments of the militia were called out in various places, at this time, and some were stationed at Charlestown, by request of the naval commander, for the protection of the property of the United States there deposited.
Governor Strong was elected in April, 1814, by a larger vote than the year before, though not without great efforts in
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opposition to him. A large majority of the citizens had full confidence in his wisdom and prudence ; and he bore public testimony to the forbearance and patience of the people under their severe privations, which were owing to the war and the measures adopted to sustain it. He referred to the late embargo and non-importation laws of congress, and to the restrictions on the fisheries, which, though believed to be unconstitutional, had been borne without any overt acts of opposition. " Our national rulers," he said, " had no reason to expect, that, as we believed the war unnecessary and un- justifiable, we should do any more in support of it, than the constitution requires. But as congress liave authority to de- clare war and to lay taxes to defray its expenses, we are bound to obey the laws duly enacted for that purpose ; and I am happy to observe, that none of the measures of the general government have been opposed by force or violence ; and that no dangerous commotions have disgraced the people of the commonwealth."
The sentiments of the majorities in the senate and house of representatives, as to the policy of the general government, at this period, will be fully disclosed by their replies to the governor's speech. " The injuries," (said the senate) " whichi the people of this commonwealth liave experienced, and the sufferings they have endured, from the oppressive measures of the national government, have been great and manifold; and have been borne with a patience almost unexampled. Among these measures, the system of commercial restrictions, which, for nearly seven years, has been so cruelly enforced, is not the least considerable. Under the operation of this system, our citizens have been driven from their accustomed employ- ments, deprived of the means of subsistence, and cut off from all the sources of wealth. Not only has their intercourse with foreign nations and the neighboring states been prohibited, but they have been even interdicted the right of navigating from port to port within the limits of the state, and of fishing on its coasts. Powers, which the people of this common- wealth had never delegated to the national rulers, have been exercised with great severity, for their distress and impover- ishment ; and rights, which they never surrendered, have been torn from them by a ruthless hand, under the forms of law. And to oppressions and restraints, alike hostile to the prin- ciples and the express provisions of the constitution, it was not to be expected, that a free people, jealous of their rights, would long submit in silence. * * Our national rulers . and the world well know that the sons of Massachusetts, the
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descendants of those who achieved our independence and founded the American republic, are not regardless of the rights, the honor, or the interests of the nation. They know full well that in a just and necessary war, a war for the main- tenance or defence of either of these great objects, no sacri- fices would be deemed too great, and no privations intolerable. In the opinion of the senate, it is not only the right but the duty of a people, mindful of what they owe their country and posterity, to oppose, by all peaceful and constitutional means, a war thus declared and thus prosecuted. But we are happy to observe, that none of the measures of the general government have been opposed by violence, and that no dan- gerous commotions have disgraced the people of this com- monwealth. The war has been one of great expense and suffering, and may be one of disgrace to the rulers of the nation ; but we trust and believe that it will not terminate in our slavery and subjugation."
The house of representatives, in their answer, referring to the embargo act, passed in December, 1813, observed,-" This law not only overleaped at once the limits of constitutional authority, but manifested an open and undisguised attempt to establish an arbitrary despotism, enforced by military power, not sanctioned even by the forms of legal process, and utterly subversive of the first principles of civil liberty. What are the high and invaluable privileges which distinguish a free people from the slaves of a capricious despotism ? Are they not these ? To be at all times secure in their persons, property and pursuits ; to be governed by known and equal laws, and to be judged only by legal and constitutional tribunals ? Yet how deeply does the act mentioned entrench on all these rights and privileges ? After a general prohibition of the coast- ing trade, the president was authorized to give permission to individuals, at his pleasure ; which must necessarily introduce an odious system of favoritism.
" We join your excellency, in commending the forbearance and moderation which have been displayed by our fellow- citizens under their various privations and sufferings. Though deeply imbued with the love of civil liberty, yet they are im- pressed with the love of order, of good government, and of respect for the laws. The love of liberty, which animates the people of this commonwealth, is not the unprincipled licentiousness of such as seek, in violence and civil commo- tion, the gratification of selfish passions ; but a firm and un- shaken attachment to their constitutional rights, regulated by wholesome and energetic laws. Grossly, therefore, do those
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mistake the character of our citizens, who regard their for- bearance as the result, either of that ignorance, which cannot discern, or of that pusillanimity, which will not protect their essential rights. The house lament the continuance of the war in which we are involved. And we have no hesitation in expressing our firm conviction, that, as men governed by moral principle, it is our duty to abstain from every voluntary act which would give encouragement to the prosecution of the contest. We shall, however, concur in any measures, which may be proper for the purpose of defence ; and which may become necessary, in consequence of the neglect of the national government to employ the means, which the consti- tution has put into their hands, to provide for the common defence and general welfare of the people."
At the session of the general court in June, 1814, it was voted that one million of dollars be provided for the defence of the state, to be expended under the direction of the governor. There were then more of the enemy's ships on the coast than had been in 1812 or 1813; and as the United States' army had gone against Canada, it was apprehended that the British would retaliate, by attacking the seaports. The former general order of the governor to the major generals, and other officers of militia, to be in preparation to march on short notice, was declared to be in force ; and to various places on the seaboard, brigades or regiments, or battalions, were actually marched at the desire and for the protection of the inhabitants, then in danger of sudden attacks.
In the course of the summer, several thousands of the militia were called out, and served for a longer or shorter period, as the exigencies required. An agreement was made with the officer of the United States, commanding in Massachusetts, and the adjutant general of Massachusetts, by consent of Governor Strong, to call out all the militia in Boston and vicinity, if it should be necessary to repel an invading foe: the officer of the United States was to have command of the whole, but the officers of the militia were to retain their respective commands, according to their elections. A similar arrangement was made by the adjutant general, in July, by authority of the governor, with another officer in the service of the United States, who had succeeded to the former in Massachusetts. The regular troops were very few; and the militia were wanted to be sta- tioned in the forts, or to be encamped near Boston, where they could act with effect, if the enemy should make an attack on the forts, the navy-yard, or the metropolis. This arrangement, however, was not carried into effect entirely, and in all its parts.
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For the officer of the United States required a new organization of the militia, which would have the effect of placing the men under officers whom they did not elect, and under whom they had not before served ; and in some instances, difficulties arose by placing United States officers of a lower grade over those of the militia. Still two regiments were stationed in the forts in Boston harbor, and placed under the command of a general of militia, such as the United States officer selected, and over whom he had full control. But when an additional number of the militia were called for, by the officer in the com- mission of the president, to be put under his sole and entire command, it was declined by the executive of Massachusetts, because it was found, that the militia, both men and officers, remonstrated against such a measure. The same difficulty had just before actually occurred at Portland, where the officers of militia generally refused to march under such circumstances. There, indeed, another objection arose, which was, that a major or lieutenant colonel of the United States army was to com- mand a higher officer of the militia.
Notwithstanding Governor Strong declined, for the reasons above-mentioned, placing the militia under the United States officer, the danger of attack, he thought, required calling them out for the defence of the capital and vicinity. A division was accordingly ordered to march from the interior, and was station- ed in Dorchester, near the bay, where it remained till the month of November, ready to repel invasion, if attempted by the British.
Alarms prevailed in various places on the seacoasts, during the season, on account of the enemy frequently appearing, who had now become more exasperated by the capture of several of their ships of war. Detachments of the militia were ordered to New Bedford, Falmouth, and other places on Cape Cod ; to Plymouth, Scituate, Marblehead, and Salem; York, Wells, Portland, Wiscasset, Camden, Belfast, and Castine.
In the course of the summer and autumn, the British took possession of Eastport and of Castine. They approached those places with a large naval armament, and there was no similar force to resist them. The navy of the United States was em- ployed in other necessary or important service, and was not therefore, ordered to attack the British vessels in those waters. Governor Strong was requested to assist in dislodging the British, by men or money. He was of the opinion that it would be in vain to attempt it without a sufficient naval force, which he could not command. And he had no authority, if disposed, to furnish the money of the state for such an expedi-
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tion, unless expressly empowered by the legislature. The representatives were opposed to any such appropriation. Heavy complaints were, therefore, made by the friends of administra- tion against the governor and the general court, for declining to engage or assist in the enterprise. But it was replied, that it was peculiarly the duty of the general government to defend or relieve places where their own forts were located ; that the militia from the vicinity of those places were not equal to recap- ture the forts ; that those in the more populous towns were needed at home, to protect their own respective vicinities ; and that it would probably fail and prove a great loss of lives, to make an attack without a navy as large as that of the enemy.
Early in October the governor summoned an extra meeting of the general court. It was a time of great alarm, and the armed ships of the enemy near the coast had much increased. The governor was too cautious to assume the whole direction of affairs in such a crisis, and too prudent to subject the state to great expenses, without the approbation of the representa- tives of the people. In his message to the legislature, he made a particular statement of the measures he had adopted subse- quently to the former session : and gave the reasons why he had not, in all cases, called out the militia, and put them under the officer of the United States. And he added, "The situa- tion of the state is very dangerous and perplexing. By the terms of the constitution, we have been led to rely on the gen- eral government to provide the means of defence; and to that government we have resigned the revenues of the state. It has declared war against a powerful maritime nation, whose fleet can approach every part of our extended coast, and we are disappointed in the expectation of a national defence. But though we may believe the war was unnecessary and has been prosecuted without any useful or practicable object against a province of the enemy, while the seacoast of this state has been left alınost wholly defenceless; and though in such a war we may not afford voluntary aid to any of the offensive operations, there can be no doubt of our right to defend our possessions and dwellings against any hostile attacks."
The views of the general court, at this period, will be per- ceived by the report of a committee, to which the message of the governor was referred, and which was accepted by a very large majority of the representatives :- " The state of the na- tional treasury requires a great augmentation of existing taxes ; and if, in addition to these, the people of Massachusetts, (de- prived of their commerce and harassed by a formidable ene- my,) are compelled to provide for self-defence, it will be im-
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possible for them long to sustain the burden. There remains no alternative but submission to the enemy, or the control of their own resources, to repel his aggressions. It is impossible to hesitate in making the election. This people are not ready for conquest or submission. But being ready and determined to defend themselves, and having no other prospect of adequate means of defence, they have the greatest need of all those resources derivable from themselves, which the national gov- ernment has thought proper to employ elsewhere. If the war is to be continued, provision should be made for a military force, in addition to the ordinary militia ; as the continual calls on them to march from home at all seasons, and to remain at a distance from their families, will be the most oppressive and least economical of any mode of defence, in a protracted war- fare. The people of this commonwealth ought to unite, and no doubt will unite, under any circumstances, at the hazard of all which is dear, in repelling an invading foe; but this obli- gation does not forbid just complaint against the authors of the public calamities. On the contrary, it is a solemn duty to hold up to view, on all occasions, the destructive policy, by which a state of unparalleled national felicity has been converted into one of humiliation, of danger and distress ; believing, that un- less an almost ruined people will discard the men and change the measures which have induced this state of peril and suffer- ing, the day of their political salvation is past. It is not to be forgotten, that this disastrous state of affairs has been brought upon Massachusetts, not only against her consent, but in opposition to her most earnest protestations. Of the great evils of war, especially in the present state of Europe, the national rulers were often warned by the people of Massachu- setts, whose vital interests were thus put in jeopardy. But the general government, deaf to this voice, and listening to men, distinguished in their native state only by disloyalty to its interests, and the enjoyment of a patronage bestowed on them as its price, have affected to consider the patriotic citizens of this great state, as tainted with disaffection to the union and with predilections for England; and have lavished the public treasure, in vain attempts to fasten the odious im- putation."
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