USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 44
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Who were the authors of these inflammatory letters was never known ; and the hope was cherished that no one belonging to Massachusetts, sug- gested or favored a measure so ominous to the liberties of America.t
t Colonel Brooks was an original member of the society of Cincinnati ; and after the death of General Lincoln, was president of the State Society in Massachusetts. The design of the society, it is stated in their proceedings, adopted in May, 1783, was " to perpetuate the remembrance of the LIBER- TY and INDEPENDENCE of the United States, and the friendships formed under the pressure of common danger-to inculcate to the latest ages the duty of laying down in peace, arms assumed for public defence "-and the following principles, it was declared, should be immutable and the basis of the society :- " An incessant attention to preserve inviolate those exalted rights and liberties of human nature, for which they fought and bled ; and without which the high rank of a rational being is a curse rather than a blessing : and an unalterable determination to promote and cherish, between the respective states, that union and national honor, so essentially neces- sary to their happiness, and the future dignity of the American empire."
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the expectations of the public. The great defect was found in the want of cells, sufficient to realize solitary confinement dur- ing the night. Sometimes the number of convicts in the prison was so great that six and even eight persons were lodged in one room ; where the younger and the least criminal were liable to be corrupted by the more depraved, and where plans of mis- chief and of rebellion might be proposed. The governor saw both the defect and the remedy ; and he repeatedly urged the legislature to provide another building, with such a number of additional cells and rooms, that there might be entire solitary confinement, except when the convicts were at work and under the inspection of an armed guard. The general court could not be persuaded to comply with the advice of the governor, on account of the great expense which would attend the erec- tion of the building proposed. Some of the members of the legislature, and many other citizens were also in doubt of the benefit of the system in every form; and were therefore dis- posed to abandon it altogether. But Governor Brooks ex- pressed his belief, that if the plan of solitary confinement by night could be carried into effect, the system would be proved to be useful, by preventing the bad from depredating on society, and at the same time affording an opportunity and the means of reformation. In this opinion, the chief executive officer of the state prison, after several years of experience, fully agreed with the governor; and even urged the plan of solitary con- finement, as the only one to authorize a hope of the utility of the institution. The debt of the commonwealth was great at that time; which operated as one objection to an additional building, as recommended by Governor Brooks; but his advice and opinion, so often given, had an influence, no doubt, with his successors in urging the measure, till it was finally adopted.
Governor Brooks was a firmn supporter of law; but his benevolence led hirn to favor all reasonable plans for the refor- mation and improvement of mankind. He corresponded with some distinguished philanthropists in Europe, as well as in the United States, on the subject of penitentiaries ; and he became satisfied, that, with solitary confinement for the night, such institutions would be preferable to former modes of punishment. The consideration of the expense of a new building, therefore, had little influence with him. And but for his decided and repeated recommendations, the additional buildings, probably, would not have been provided, and the system would have been abandoned in Massachusetts.
While Governor Brooks was in the chair, petitions from many of the people of Maine were presented to the general
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court, for a separation of that part of the state. When the subject was first submitted to the people of that district, in 1817, there was not a majority in favor of a separation. But on a second application, in 1819, and the majority expressing an opinion for forming a separate and independent state, the consent of Massachusetts was given ; and terms were stipulated for dividing the common and wild lands in that district. One half of those lands were to remain the property of Massachu- setts; at the same time it was agreed, that Maine should be entitled to one third of the sums received from congress as a reimbursement of the expenses of the militia of the state, during the war of 1812. The. population of Maine, when it was formed into a separate state, was about two hundred and thirty thousand, and that of Massachusetts four hundred thousand.
In 1820, forty years from the adoption of the state consti- tution, a convention was held in the metropolis, by delegates from all the towns in the commonwealth, to consider what alterations were required in that instrument. The constitution, as first adopted, provided, that alterations might be made in fifteen years. In 1795, the majority of the people expressed an opinion, that it was inexpedient to call a convention at that time; as they were not sensible of any important alteration necessary to be made in the constitution. After the separation of Maine, it was deemed expedient to have a revision of it; but other considerations had an influence in favor of the mea- sure. There were several changes projected by different indi- viduals in the commonwealth : the most important was provision for a much less number of representatives than was allowed by the constitution. But no alteration in this respect was made by the convention. There probably was a majority in the convention for lessening the number ; but no plan was suggest- ed which received the approbation of the convention. It was also proposed to dispense with the office of lieutenant governor, or of the counsellors; but neither were these propositions ap- proved. Another plan was to have the senate based on popu- lation, as the house was, and not on property, as by the original constitution. This project was also rejected by the conven- tion.
The most important alteration of the constitution adopted by the convention, was a clause respecting the qualifications of voters for public officers in the state. This was considered more republican or democratic, as it permitted some description of persons to vote who before had not that privilege .*
* The constitution now allows every male citizen of the age of twenty-
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Manufacturing establishments within the state greatly in- creased, during the administration of Governor Brooks. The war of 1812 had been the occasion of establishing several large cotton factories, and of some manufactories of woollens, more extensive than had been previously erected. After the war, as many individuals of property considered these establishments favorable for lucrative investments, they were continued and enlarged. The policy of these establish- ments was approved generally, as favorable to the whole coun- try. Governor Brooks was friendly to manufactures ; but doubted the policy of protecting, or of favoring them to the extent which some portion of the citizens proposed and urged. He perceived the difficulty of framing laws for the benefit of a few, or for the particular advantage of any one course of busi- ness, which would be approved by the residue of the commu- nity. He would encourage and protect domestic manufactures, for the prosperity and benefit of the whole country ; not mere- ly to render the pursuits of one portion of the people more profitable than they would be when left to the natural course of trade, or the demands of the community. He also had appre- hensions of the moral and political evils which would flow from very large manufacturing establishments in the country. But the consideration of the care taken to educate children, in New England, served to limit his fears in this respect. While only children of an education, such as the public school affords, are re- ceived into these factories, there is just cause to believe that the corruption and profligacy will never be known, which render most of the large establishments in England nurses of vice and pauperism.
A subject of particular interest which occupied the attention of Governor Brooks while he was chief magistrate, was the claim of the state on the general government, for a reimburse- ment of the expenses incurred by the commonwealth during the war of 1812-15. The sums expended by the state for the services of the militia, and other measures of defence, on that occasion, amounted to nearly a million of dollars. It was gen- erally believed to furnish an equitable claim on the government of the United States, whose duty it was to afford protection ; but which furnished neither troops nor money for the purpose, and left the state to its own resources for safety. The general
one years, to vote in the election of governor and representatives, after a residence in the state of one year, and of six months in the town where he lives, if he shall have paid a tax in the state within two years : without re- quiring any property or estate, as it did originally.
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court requested the governor to present the claim to the con- sideration of congress, and to have an account of the expenses prepared to substantiate the claim. The account was duly prepared, and agents were appointed by the governor in 1817, to present it to the executive of the United States. Objections were made to its allowance by the administration, on the plea, that the services were not rendered in the manner and on the occasions, as requested by the military officers appointed by the president. It was not denied that the services were per- formed, nor that the state was protected when attacked or ex- posed, (except in the case of Castine;) nor that the expenses for the militia were extravagant or unreasonable. But it was contended by the administration, that as the militia were not called out by the governor and put under the control of a mili- tary officer of the United States army, as required, the com- monwealth could have no just claim on the federal government, and must bear the burden of its own expenses.
The merits of the claim were, by the governor, made to rest on the consideration, already noticed ; that the territory of the state was protected, when invaded or actually exposed, by the people, and at the expense of the commonwealth; that such service and measures of defence were regulated with due econ- omy ; and that the general government neglected to provide the necessary means of protection.
The discussion on the merits of the claim involved the im- portant question of state rights, of the extent of the authority of the federal executive, and of the meaning of the constitution, as to the control of the militia in a time of war. The adminis- tration of the general government so construed the constitution relating to this subject, as to claim the entire direction and con- trol of the militia of the several states, while the war continued; and that it was an unjustifiable and dangerous measure in the executive or legislature of a state to withhold them, when required. And as the government of Massachusetts had refus- ed to place the militia at the disposal of officers of the United States army, its claim for expenses were rejected, when pre- sented to the executive of the United States. But Governor Brooks, believing the claim to be equitable and just, and en- trusted by the general court with the duty of urging its pay- ment, employed agents to present it to the federal rulers. He was one of the executive counsel, or adjutant general of the state, during the war of 1812; and it was believed was of the same opinion with Governor Strong, in the measures adopted when the requisition was made for the militia. He contended
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that the militia could be justly called for, only in case of inva- sion, or imminent danger of invasion : and that, when called into service for the defence of the state, they should be governed by their own officers, except that they might be directed by an officer of the continental army, and that within the limits of the state.
With these views, he made an arrangement with a federal officer for calling out the militia in 1814, and for placing them under his command. But a similar arrangement, proposed to be made with another officer of the United States, was not carried into effect, owing to new conditions required by that officer. The militia, however, were called into the service of the state, to defend the towns on the seaboard, in various pla- ces during the year 1814; and great expenses were thereby incurred by the commonwealth. The militia were called out, not to oppose or to embarrass the measures of the federal ad- ministration ; but with an intent to inaintain the rights of the citizens, and to defend the state when and where it was really exposed to the danger of an attack. Governor Brooks, there- fore, made repeated attempts, while he was in the chair, to obtain a reimbursement for these expenses. And the last year he was chief magistrate, he caused a statement of the claim and of the circumstances under which the expenses were incurred, to be prepared by the secretary and adjutant general, which was laid before the president of the United States in 1822; and a further examination of the account was ordered. When it was suggested to Governor Brooks, that possibly an acknowl- edgment of error, on the part of Massachusetts, in withholding the militia, would have a favorable influence on the claim, he said, he believed the measures pursued, relating to the militia, were correct, and that he could not express the opinion pro- posed, for any considerations. All his efforts, therefore, for obtaining the amount expended and claimed by the state, were in vain; owing, in some measure, as . was believed, to political prejudices, as well as to a different construction given to the constitution by the federal rulers. It was considered a singu- lar course to leave it to the views or feelings of the administra- tion, rather than to settle the principle for deciding on the mer- its of the claim, by a particular law of congress.
When Governor Brooks, after being seven years in the chair, announced his intention to retire from public life, it gave sincere regret to the people throughout the state. He had ad- ministered its concerns with perfect fidelity, and much ability ; and the merit justly belongs to him, of softening the asperities of political parties, and breaking down the partition wall which had long separated them. His aid was most cheerfully given
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in support of the ancient institutions of the commonwealth, civ- il, literary, and religious ; and he had the satisfaction, in his latter years, to witness a period of public prosperity, of im- provement, and of political liberty, in a good degree, equal to his former wishes and anticipations, when he engaged in the hazardous enterprise of defending his country with his sword.
APPENDIX.
See page 15. Speaking of the rise of the Plymouth planters, Governor Bradford says, "that several religious people near the borders of Lincolnshire, Yorkshire, and Nottinghamshire, finding the pious ministers urged with subscription, (to books of common prayer, ceremonies, &c., ) or silenced, and the peo- ple greatly vexed with the commissary courts, apparitors and pursuivants, which they bare sundry years with much patience, till they were led, by the continuance and increase of these troubles, and other means, to search and see further into these things through the light of God's word .- How that not only the ceremonies were unlawful, but also the lordly and tyrannical power of the prelates, who, contrary to the freedom of the gos- pel, would load the consciences of men; and, by their compul- sive power, make a profane mixture of divine worship: that their offices, courts, and canons, were unlawful; being such as have no warrant in the Word of God, but the same which were used in popery, and still retained. Upon which these people shake off this yoke of anti-christian bondage, and, as the Lord's free people, join themselves by covenant into a church state, to walk in all his ways, made known, or to be made known to them, according to their best endeavors, whatever it might cost them."
The grounds of difference, between the puritans and the church of England, are generally well known. But it is best to let one speak in his own cause. The writer of this volume is in possession of an unpublished treatise by William Bradford, (many years governor of Plymouth colony,) on the reasons for opposing the church of Rome by the protestants; of the separ- ation of the puritans from the episcopal church of England; and of the more strict conformity of independents or congregation- alists to the directions of the New Testament than even the presbyterian churches. From that part of the manuscript, which refers to episcopacy, the following paragraphs are thought wor- thy of insertion in this place. The MSS. was written in 1652.
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" It will be needfull, before we speake to this poynte, that some thing be premised to prevent mistakes. And first, wc acknowledg that Bishops, such as are mentioned in the Holy Scriptures, are of devine institution, and the ordinance of God. But Lord Bishops, invested with sole spiritual power and gov- ernment, and exercising sole authority, power, and government over the churches, without their choyse or consent, is strang from the scriptures, no institution of Christ, but a humane devise and intrusion. 2d. Though this Lordly hierarchie, con- sisting of primates, metropolitans, archbishops, lordbishops, deans, archdeacons, with all their subordinats and inferior de- pendents, in regard of their places, callings, power, and jurisdic- tion, were unlawfull and strang from the scripture paterne, yet wee acknowledg that many of their persones were men of worth for vertue and learning, pietie and godlines; yea, some of them bles- sed martires, who gaive their bodyes to the fire, for the trueth of Christ. 4ly. For the maine, in charitie, wee beleeve they saw not the evil in these things, but had their mindes more in- tente upon the puritie of doctrine, in the cheefe foundations of religion, and purging the same from popish leaven; especially the first and most sincere reformers. 5ly. Though they saw some thing amise, yet they could not do all things at once; the times would not bear it, they thought to gaine upon them by degrees, as the times would suffer: and so might have done, had men continued faithful; and pride and ambition had not hindered and blinded the eyes of sundrie. 6ly. The casting out of the Pope and his supremacie, and suppressing the worst part of the hierarchie, abbots, monks, and friars, those swarms of locusts, which did eat up and defile the land, and pulling down of strong foundations, and firme corporations, which they thought to be indissoluble-it did cause such an earthquake in the land, as did astonish the minds of men, and in that juncture of time made the world to wonder, and after times to admire the same: No marvel, therefore, though the greatness of that work did not give way to many other things, which were to be the worke of time.
" We are, therefore, thankfully to acknowledg the great work of God, in the reformation made in our dear native land; in which the tyranie and power of the Pope was cast off, and the puritie of doctrine in the cheefe foundations of religion re- stored: and though she fell short, in some things, of other reformed churches, especially in government, yet not in the truth and power of godliness, but rather to excede these, in such as the Lord raised up and enlightened among them. But herein was the great defecte, that this lordly hierarchie was continued, after the pope was cut off, in the same callings and offices; and ruled (in a manner) by the same laws; and had the same power and jurisdiction over the whole nation, without any distinction; all being compelled, as members of this national
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church, to submit to the forme of worship established, and this government set over them, far differing from the liberty of the gospell, and the practiss of other reformed churches, who ad- mitted only such into the church, and to partake of the holy things, as manifested repentance, and made public confession of their faith, according to the scriptures; and had such a min- istrie set over them as themselves liked and approved of.
" And of this Dr. Ridley bitterly complains, (who was some- time a bishop, and afterward a blessed martyr) 'how that the greatest part, in King Edward's days, both magistrats, bishops, lawyers, and people, of all sorts and degrees, were never per- suaded (but from the teeth outward and to please the King) of the trueth of God's word and the religion they received; but did dissemble. And pitifull and lamentable it was (saith he) to see the people so loathsomly and irreligiously to come to the holy communion and the service of God which they understood never a whit, nor could be edified any thing at all thereby.' A very sad complainte, and shows us the true face of things in those times; by one who was able to discerne, and who was neither a Brownist, nor Separatist. He also judged it to be a cheefe cause of God's judgment which followed in Qucen Ma- ry's days.
" Beza also saith, ' that the church is not to be taken for cer- tain of the worshipfull clergymen alone, but for a whole assem- blie or congregation of God's people, without whose consent, neither excommunication nor election of ministers ought to be used.' And he saith again, 'it was not possible to have brought my Lord Bishop, Mr. Official, Mr. Vicar, their procurators, and the like, into the church of God, till they had driven Christ their master out. There is neither holy scripture, neither coun- cell, nor anciente doctors who ever knew such monsters. Con- cerning suffragans, officials and proctors in the courts of the church, and other such innumerable rermin, what can I say; for one shall as soone find the devell among the angels, as one word or mention of them in the scriptures, or in the anciente counsells or doctors, Greek or Latin, to approve them. I say more, that it is as impossible to accord these estates with the true form of the church of Christ, as to accord light and dark- ness, truth and lies.'
" Through the ambition of Bishops, (saith Qualter,) it is come to pass, that the libertie of the church is trodden under foote, and the chosing of ministers dependeth on them. Now where the ambition of prelates hath disturbed and encroached on this libertie, and challenged to themselves a lordship over the inheritance or church of Christ, the congregations are molested with contensions, and there is no end of errors or of bitter debates.
"I think verilie, saith Mr Wheatonhall, that Qualter, in these words pointed especially to England; for no nation in
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Christendome, that is called a reformed church, hath had or is like to have such endless contentions and continual errors; only the lordship and magnificient estate of Lord-Bishops; which no reformed church in all Europe hath retained but England.
" Danæus saith, they perfidiously deprive the church of her right, who thrust a pastor on a people without their knowledge or consent; for they doe the church the greatest injurie when they spoil her of her judgment and voyce-giving: who are, therefore, truly to be called sacrilegious, or church-robbers: " By all which it appears how that calling of ministers is not lawful, which is made by the authority, letters and judgment of the king alone, or queen, or patrons, or bishops, or archbishops, as is used in England; which I speak with greefe.
" Truly, (saith Calvin, ) this is a foul example, that out of the court are sent bishops to possess churches; and it should be the world of a godly prince to abstain from such corruption; for it is a wicked spoiling of the church, when there is thrust on any people a bishop whom they have not desired, or at least with free voyce allowed. It is tyrannous for any one man to make or appointe ministers at his pleasure. But the most lawful way is, that they be chosen by common voyces, who are to take upon them any public function in the church.
" Francis Lambert saith, marvel not that I said there be many bishops in one city: for verilie, every city hath so many bishops as it hath true preachers. Again he saith, every parish or congregation ought to have their proper bishop, which should be chosen and confirmed by the people and commonaltie of the church of every place. And to do this, they have no need of letters, seals, tokens and such things, very much used clean contrary to the word of God. And so long they should be ac- counted for bishop as they preach purely the gospel of the kingdom of God. From which if they swerve and preach strang doctrine they ought to be deposed and put out by them by whom they were chosen, even of the commonaltie of the church afore- named. And again he saith, all the cannons of the world can- not lawfully choose one bishop of the church of Christ; and that the church of God hath no ministers besides these, bishops and deacons.
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