USA > Massachusetts > Middlesex County > Cambridge > History of Massachusetts from July 1775, when general Washington took command of the American Army at Cambridge, to the year 1789, (inclusive) when federal government was established under the present constitution, Vol 2 > Part 11
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James Lovell, and Samuel Holten. William Cushing, Foster, Sargeant, Sullivan, and Sewal were Justices of the Superior Court of Judicature at this time, and R. T. Paine, attorney-general of the State. The General Court was prorogued, early in March, to the month of April; and it was ordered then to be convened in the town of Rox- bury .* The small-pox was then raging in Boston : many of the representatives were alarmed on this account, and a vote was therefore passed for meeting at the former place. Before the adjourn- ment, power was given to the Council to provide for the defence of the State, should the exigency demand any particular expense. They were also authorized to call out the militia, to any number, not exceeding 3000, should they be required by general Washington. He did not call for any ; but two large detachments were ordered to be enlisted soon after, during the months of April and May. The committee of the General Court reported
* When the General Court was in session in April, their chaplain, Rev. Dr. Gordon, was dismissed, for some free re- marks written by him, and published in the newspapers, in in which the court was charged with intrigue, in their con- duct respecting the newly proposed constitution. Gordon was a zealous whig, and an active politician. He was the author of the history of the American war.
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a draft of a Constitution, in December, 1777, but it was not considered by the whole Court till February following ; it was then approved by the legislature, and in March, ordered to be submit- ted to the people. Two thirds of the votes given in were to decide in favour of its adoption : all free males of the age of twenty-one were allowed to vote ; and for any alteration, it required two thirds of the inhabitants. It did not receive the approbation of the citizens ;* and a very general opinion prevailed, that a convention should be called, consisting of persons to be chosen for that particular purpose." There were many objections to the constitution prepared by the General Court. That it contained no declaration of rights which belonged naturally to the people, was considered an essential defect. The principle of representa- tion was said to be unequal, because the smallest towns were allowed to have one deputy; and others, if not containing more than 300 polls, to be confined to that number. But a rule not very different from this was admitted in the Constitution after- wards adopted. The governor and lieutenant- governor were to be members of the Senate ; the former to preside over the deliberations of that body. The senate was to consist of twenty-eight members ; Suffolk, Essex, and Middlesex were to elect ten ; Plymouth, Bristol, Barnstable, &c., six ;
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* There were 10,000 votes against it, and only 2000 for it : and 120 towns made no returns.
t The citizens of Boston voted unanimously against this constitution. They were also for a convention for the sole purpose of preparing a new one : and they were further of opinion, that a thing of so much importance should not be hastily decided, but be postponed to a period of more tran- quillity.
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Worcester, Hampshire, and Berkshire, eight ; York and Cumberland, three ; and Lincoln, one. The Judges, Secretary, and Treasurer, to be cho- sen annually, by the General Court; and other officers, civil and military, by the governor and senate. The Protestant religion to be professed by all officers and legislators ; but full toleration to be enjoyed by all religious denominations. The powers and duties of the legislators and of rulers, it was also objected, were not accurately defined .*
The British troops evacuated Philadelphia in June, after having been in possession of that city for six months, and began their march through New Jersey, for New York. General Washington immediately resolved to pursue them, and if a favourable occasion should present, to attack the rear of the army. The march of the enemy was unusually rapid, for they had the precaution to send on most of their heavy baggage before they left Philadelphia. By great efforts, however, an advanced party of the American troops came up with a division of the British, near Monmouth court house, and immediately attacked them. In the mean time, other troops, detached for the purpose by Washington, arrived, and the ac- tion soon became very general between the two armies. The judicious plans of the commander in chief were defeated, through the criminal neglect or the mistaken judgment of general Lee, who had been early sent on to take command of the advanced troops. A great portion of the men engaged in this battle were from Massachusetts. General Knox, who commanded the artillery, re- ceived the particular approbation of Washington.
* The constitution prepared in 1778, and rejected by the majority of the people, is printed at the close of this volume.
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General Wayne, of Pennsylvania, greatly distin- guished himself in this affair. The enemy suffered severe loss. The killed, wounded, and missing, were upwards of 2,000; while those of the Ameri- cans did not exceed 350 ; many of whom perished through fatigue, on account of the intense heat of the weather.
A large British force remaining at Newport through the spring and summer of 1778, and their fleet having command of the waters in the neigh- bourhood, the people of Massachusetts, especially in the southern parts of it, bordering on the State of Rhode Island, were kept in continual alarm; and the General Court had a great duty to perform in furnishing men for the protection of that part of
the country. There were but few continental troops on that station, and the militia were in service there, in greater or less numbers, for the whole of this, as they had been most of the pre- ceding year. The enemy landed about 600 men, in the month of May, at the town of Warren in that State, and burnt vessels, dwelling houses, and public buildings, insulted and abused the inhabi- tants, and took away much personal property. Colonel Barton, of that State, was ordered by General Sullivan, then in command at Providence, to meet them. Before he reached the place, the British were retreating ; but he pursued them, and did them much injury before they reached their boats. A considerable number of the enemy were killed and wounded in this affair. During the same month, they landed at the southerly part of Freetown, at a place called Fall river, and burnt a mill, and some other buildings; but the militia soon collected, and obliged them to take to their boats, and retire.
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General Bourgoyne had left Prospect hill, and major general Phillips was the first officer of the British troops then prisoners of war, quartered at that place. He was represented as a conceited and irritable character, and seemed to suppose that he and his troops, though captives, might com- mit any irregularities with impunity .* One of his officers, returning from Boston, in the month of
* The moment general Phillips heard of this unfortunate event, he wrote general Heath the following note-
CAMBRIDGE, JUNE 17, 1778.
" Murder and death have at length taken place ; an officer riding out from the barracks on Prospect hill, has been shot by an American sentinel. I leave the horrors of that bloody disposition, which has joined itself to rebellion in these colo- nies, to the feelings of all Europe. I do not ask for justice ; for I believe every principle of it has fled from this province. I demand liberty to send an officer to general sir Henry Clin- ton, by way of the head quarters of general Washington.
WM. PHILLIPS, major general."
General Heath had previously written to general Phillips, on hearing the unhappy affair ; but Phillips had not received it, when he wrote his note. If he had, perhaps he would have used different language. Heath's letter is here given-
HEAD QUARTERS, BOSTON, JUNE 17, 1778, 8 o'clock P. M.
"Sir,-I am this moment informed that an officer of the convention has been shot by one of our sentries. I have or- dered the man into close confinement, and have directed the town major to desire the coroner of the county of Middle- sex to summon'a jury of inquest to sit on the body ; and I de- sire that it may not be moved until that step be taken. I can only say, that you may be assured, I will take every measure in my power, which honour and justice require.
I am, Sir, &c.
W. HEATH."
General Heath' answered the note of Phillips in a very spi- rited manner, and ordered him to be kept within very narrow limits.
VOL. II.
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June, to the British barracks, in company with two females, was hailed by the sentinel; and re- fusing to answer, though the call was repeated, was shot dead on the spot. Phillips and his offi- cers were greatly enraged ; and pretended it was barbarous conduct, and not less criminal than murder. He demanded of general Heath, who had command of the continental troops employed as guards of the British prisoners, that the sentinel be immediately punished as a murderer. He also demanded a messenger to convey a note of complaint on the subject to general Clinton at New York. But neither of his demands was granted. And the proud British officer had to submit to this neg- lect of his requests; and to resign himself to a de- cision, which the impartial considered fully justified by the circumstances of the case.
In the month of August, the plan was renewed of preparing a powerful force against the enemy at Newport ; and if possible, to dispossess them of that place, where they were giving constant alarm to all the New England states. General Sullivan, with a considerable number of continental troops, was now on that station; but it was believed that the aid of the militia, to a large amount, was ne- cessary to give any hope of success to the under- taking. There were already some of the militia of Massachusetts doing service in that quarter. But others were ordered out, and several volun- teer companies marched there, at this period, from Boston, Salem, Beverly, Gloucester, Newburyport, and some from towns in the province of Maine. The whole constituted a respectable force. But the British were equally numerous, being estimat- ed at 7 or 8000 ; and they were strongly fortified
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in the town of Newport. A large French fleet, then recently arrived on the American coast at the south, directed their course for Rhode Island. The plan was for the Americans to attack the British at Newport, whenever the French fleet should arrive to co-operate with them. The Ame- ricans passed over to the island, and advanced by degrees, to a short distance from Newport, and began to throw up fortifications for defence. In this situation they remained several days, waiting the return of the French fleet, which had gone out to look after a large squadron of the enemy, then recently sailed from New York, with the in- tention of relieving the detachment at Newport. The French fleet encountered a severe storm, at a little distance from Newport, in which they re- ceived much damage ; and a part of them had a short engagement with the fleet of the enemy .*
The British made an assault upon the American troops, who were posted at their entrenchments, then lately thrown up in the neighbourhood of Newport; and were received with great spirit and bravery. They were engaged the most of the day ; and many men were lost on each side. The Americans maintained their ground, but had little reason to boast. A few days after, the ene- my received reinforcements from New York ; and general Sullivan, by advice of a council of war, concluded to leave the island. The retreat was conducted with great order, and without any loss on the part of the American troops. This was just matter of satisfaction, as the British forces
* When it was known that the French would not aid in this expedition, most of the volunteers, and a part of the militia, left the island.
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were then greatly superior, and they also had a large fleet in the harbour and vicinity of Newport. And yet the issue was not such as had been, at one period, confidently anticipated. Great hope had been indulged from the assistance of the French. The want of success in this expedition was the more mortifying, as it was the third attempt made, within eighteen months, to drive the British from this part of New England.
The Massachusetts militia were commanded on this occasion by major general Hancock, who hap- pened to be on a visit to Boston, during a recess of Congress. He readily undertook this expedi- tion, which engaged the particular attention of the General Court, and of the individual citizens of all classes. General Greene and the Marquis de la Fayette also joined this expedition as volunteers, a short time before the Americans returned from Rhode Island ; and rendered great service in con- ducting the retreat of the troops under general Sullivan. General Lovell, who had the immediate command of the militia from Massachusetts in the action, and his officers and men behaved with great intrepidity. Colonel H. Jackson commanded a re- giment of infantry, and colonel Crane of artillery, both of Massachusetts ; and received the particu- lar approbation of general Sullivan for their activi- ty and courage. About two hundred men were killed and wounded in this engagement; among the latter was one field officer ; and of the former, two lieutenants belonging to Boston and in Jack- son's regiment.
The French fleet repaired to the harbour of Boston, after the disasters of the storm, where they remained some time to refit and to obtain
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provisions. They sailed for the West Indies in the month of November. La Fayette visited the cap- ital of Massachusetts, for the purpose of confer- ring with the French admiral .* He had then been in America about eighteen months; and the zeal, which he manifested, at the first moment he de- clared himself friendly to the cause of American liberty, had not abated. Having for some months served as a volunteer and without any commission, he was afterwards appointed a major general by Congress ; and enjoyed in a peculiar degree the confidence and esteem of Washington. He was extremely anxious that the French admiral should afford all possible aid to the Americans ; and his short visit to Boston, at this time, was to prevail on count D'Estaing, to return to Newport immediate- ly, and to remain on the coasts of the United States for the purpose of co-operating with the army under general Washington against the British; and not to depart to the West Indies, where he medi- tated passing the winter. It was also believed that the marquis had great influence in persuading the French court to form a treaty with the United States, and to send out a formidable fleet for their assistance. Soon after this period, the marquis again visited Boston and took passage for France. " Congress had given him leave to visit his family," as he was pleased to call it: for though he could have visited France at his own pleasure, he chose to ask the consent of Congress and of Washington,
* He was in Boston but a single day, at this time ; he has- tened back to Rhode Island with the greatest speed, and ar- rived in season to assist in conducting the retreat of the Ame- rican troops.
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and to obtain a furlough for the purpose, being de- sirous of retaining his commission and rank in the American army. *
The French fleet had not been in the harbour of Boston many days, before the British squadron appeared in the bay, within Cape Cod, and it was believed that they meditated an attack upon the ships under command of count D'Estaing. This caused great alarm to the people in the vicinity ; and nine regiments of militia were marched into the capital. They were soon discharged, as the British fleet disappeared from the coast without. making any attack upon the French. Several of the enemy's ships sailed from Newport harbour, the first of September, and landed a number of troops at Bedford village in Dartmouth. They did much injury to the town, by burning the ves- sels lying at the wharves, about seventy in number, and the greater part of the houses in the settle- ment. The troops marched up the country, near the river, four or five miles; and returning on the opposite side, embarked before the inhabitants were able to collect in sufficient force to oppose
* After a period of forty-six years, this highly distinguished person, who in his youth devoted himself, with a singu- lar ardour and disinterestedness, to the cause of America, and who in his native country had made great exertions and sa- crifices in the cause of liberty, visited the United States. In August 1824, he landed at New York, where he was received with every mark of respect and affection ; thence he visited Boston and other large towns and cities through the nation ; in all which he was greeted with a joy and enthusiasm, which no individual but Washington ever received in this country. Every one bid him welcome with most lively gratitude ; and public functionaries united in presenting their tribute of es- teem and admiration, such as the most celebrated heroes of an- tiquity could scarcely boast.
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them. From Dartmouth the enemy proceeded to Martha's Vineyard, and made a requisition upon the inhabitants of fire arms, money, cattle and sheep; and of the latter, they took off nearly ten thousand.
In November, a party of continental troops of about two hundred and fifty, under command of colonel Alden of Massachusetts, were suddenly at- tacked by about seven hundred British soldiers, royalists and Indians, at Cherry Valley, seventy miles west of Albany; and the greater number were killed or taken .* They had been stationed in that place for the protection of the inhabitants in that thinly settled country, who were exposed to incursions from the Indians and Canadian royal- ists. They had erected a fort, and given it the name of their commander. Colonel Alden had some intimation of the approach of the savage ene- my the evening before, and placed sentinels at the two only roads by which it was supposed they could come, to give the alarm. But they approached by an old Indian path, not generally known or tra- velled. The fort was surprised at an early hour in the morning. The colonel and some other offi- cers were at their lodgings in a house, a very short distance from the fort. When the alarm was given, colonel Alden directed the others immedi- ately to repair to the fort; he delayed only a moment to throw his clothes about him, but in following them was shot down and scalped. The fort was defended by the brave major Whiting of Dedham and adjutant Hickling of Boston, who were the chief in command, after the death of
* Thirty were killed, and forty taken prisoners.
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their colonel and the capture of lieutenant colonel Tracey. A party of militia arrived for their sup- port, towards the close of the day. The officers and men who were taken were treated with great indignity and cruelty. Many of the inhabitants were taken and carried off by the Indians ; and those who escaped, were left destitute of shelter and of support. Their humble dwellings were burnt, and their property taken or destroyed. The settlement contained about two hundred inhabi- tants. Colonel Alden was an intelligent and brave officer : and commanded the 7th regular Massa- chusetts regiment. He was a lieutenant colonel of a regiment of minute men, raised in Plymouth county early in 1775, and marched to Roxbury, on the alarm of the 19th of April.
In the summer of 1778, three British commis- sioners arrived at New York, especially authorised by their government to make propositions for a suspension of hostilities, with an ultimate view to reconciliation and peace with America. They ad- dressed Congress on the subject; but they were also instructed to treat with any individual state. It was considered an artful plan to gain time to re- inforce their army, to detach the United States from all connexion with France, with whom they had then recently made a treaty ; or, if possible, to distract and divide the councils of America. For they believed that some of the people in the country were wearied with the expense and trou- ble of war, and would be ready to return to their allegiance to the crown of England, upon a proba- bility of pardon. Congress rejected these offers. They disapproved the terms proposed; for they had little faith in the mere promises of the minis-
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ters ; and they were now determined to insist upon independence. The people and their representa- tives in the several states applauded the firmness of Congress. They were not disposed to give up their rights to self government, or to throw them- selves upon the clemency of the king and his min- isters, who would grant such favours merely as it might seem fitting to their views of government to allow.
The conduct of the British ministers, in sending commissioners to America with such propositions as they were directed to make, was not less cen- sured by many statesmen in England, when they ยท learned what terms had been proposed, than they were by Congress. A noble lord in the House of peers, speaking of the proclamation issued by the commissioners, when they found their proposals were rejected, which threatened future vengeance to the Americans, said, " it was a proclamation contrary to humanity, to christianity and to every idea of virtuous policy." A reverend bishop ob- served, " he saw in the account of extraordinaries, that charges were made for the tomahawk and scalping knife ; and that he supposed, from the proclamation, such expense would be continued. It is our duty," he added, " to soften the horrors of war and to act as christians." Lord Camden said " the proclamation held forth a war of re- venge, such as Moloch in Pandemonium advised ; that it would fix an inveterate hatred in the peo- ple of America against the very name of English- men, which would be left as a legacy from father to son to the latest posterity." He said "they should consider that they were christians, and that their enemies were the same." In the House of VOL. II. 22
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Commons, Mr. Burke asked-" against whom are these dreadful menaces pronounced ? Not against the guilty; but against those, who, conscious of rectitude, have acted to the best of their ability in a good cause, and stood up to fight for freedom and their country."
Major general Gates arrived at Boston in No- vember 1778, to take command on that station. There was great reason to apprehend an attack from the enemy, at the time, upon some part of the state. He remained at Boston and Providence through the winter; and when he left Massachu- setts in April 1779, he publicly expressed his ap- probation of the conduct of the people and of the legislature ; and particularly eulogised the battal- ion of state troops, at one time commanded by col- onel Crafts, but then under command of lieutenant colonel Revere.
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CHAPTER VIII.
Refugees . . . Taxes ... Law against Extortion ... Scarcity ... Various measures of defence .. . Depreciation ... New calls for militia . .. Con- vention for new Constitution ... Large sums called for by Congress .. . Penobscot Expedition ... Conventions to prevent extortion ... Addi- tional troops, both for state and continental service ... Public Fast ... General Lincoln in Georgia and South Carolina ... Constitution formed and accepted ... Order of Congress to call in paper money ... Debt of the state ... Complaint of the people ... Troops in Maine ... Academy of Arts and Sciences .. . Dark day.
AT the session of the General Court in October, 1778, an act was passed, forbidding certain indivi- duals, formerly citizens of the state, who had left the state and joined the enemy, to return ; and requiring them, if they came into the state, im- mediately to depart out of the country ; and mak- ing it a capital crime, if they should presume, a second time, to come within their jurisdiction, un- less special permission was first obtained. There were nearly three hundred persons named in this prohibitory statute. There were, however, some among them, who had never taken an active part against the country ; and were not, therefore, really deserving the severe punishment which others justly merited. Some of those named in the act had leave afterwards to return into the state, and to remain. But the greater part never discovered a disposition to return ; and they had proved them-
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selves too decidedly hostile to the liberties of the country, to be indulged with the privilege, had they desired it.
In January 1779, Congress called upon the seve- ral states to raise $15,000,000. The sum appor- tioned to Massachusetts was $2,000,000; and the amount was to be passed to the credit of the Unit- ed States, to be accounted for on an adjustment between the state and the continent at a future day. The sum required of Massachusetts was to be expended by the state, but for the purposes of general concern and utility.
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