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 14
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The disposition of the House of Representatives to maintain its peculiar rights and power, was manifested, at this session, in a manner which shewed that they would contend for their autho- rity in an unimportant and doubtful case. The Senate chose a committee to enquire, whether the late returns of valuation were correct from all the towns. The House objected to the Senate in having originated the enquiry ; and contended
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that it was a subject relating to money, and, ac- cording to the constitution, therefore, must origi- nate in the House. The dispute was referred to the Judges of the Superior Court, who decided that it would be proper to have a joint committee on the subject, and that it could be of no importance in which branch of the legislature the enquiry or the appointment of a committee originated. In compli- ance with a recommendation of Congress, a tax of eleven millions of dollars was laid by Massachusetts this year, (1781) for the purpose of calling in the old bills, then greatly depreciated ; the real value of which was estimated at 275,000 dollars. That part of the debt of the State which was for monies loaned, amounted to a million of dollars ; and to pay the interest, 60,000 in specie were appropriated. This year, the bills of the new emission of paper, which in 1780, had by statute been made a tender in all payments, would not pass at the nominal value, and the law was re- pealed.
In the course of this year, Congress proposed to the states to lay an impost duty ; but Massachu- setts objected to the plan, because it was supposed it would operate unequally. They had much more commerce than any other state, and their products from the soil were less. They said, that by such a tax they should be liable to pay much more than their portion of the public revenue. And they suggested, that if an impost act should pass, they ought to reserve for the use of the state a certain part of the monies thus raised. This reason- ing was more specious or more selfish than correct. But it might have had some influence : for the plan of raising money by impost was not
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then adopted by all the states as proposed by Congress. In the following year (1782) however, the legislature of Massachusetts passed a law for raising money by an impost, which was to be whol- ly appropriated to the use of Congress, for the purpose of discharging the public debt; or to be expended in the state, but for meeting the expen- ses incurred by order of Congress for the welfare of the continent. There were conditions annexed to the statute; one of which was, that all the other states should adopt a similar law ; and the other, that Congress should annually state the amount of the public expenses and the sum collected from the impost act. Some of the states neglected to pass such a law, and nothing was collected in this way till 1783. Massachusetts then enacted another. law in favour of the measure. An excise act was passed by the legislature laying a duty on wine and several other articles of luxury sold in the state ; and upon carriages which were used solely for pleasure .* A tax was also laid on auctions, at the rate of one per cent. on all goods sold.
In the month of February 1781, twelve hun- dred of the militia were ordered for Rhode Island, for forty days, under command of general Lincoln. They were called out by the particular desire of the French general, who was then apprehensive of an attack from the British at New York. These men were marched from the southern parts of the state ; and the rest of the militia were di- rected to be in readiness to proceed to that place at the shortest notice.
The General Court had a recess of a few weeks
* The monies thus collected were particularly designed to pay interest on the debt of the state.
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in March, and met again in April. But during this time, they gave power to the Executive to order out the militia, if there should be a requisition for them ; and to furnish such military stores to gene- ral Washington as he might request, if they could be procured in the state. The board of war had then been discontinued ; and the service formerly allotted to them now devolved upon the governor and council ; and the quarter-master or commissa- ry general, under their directions. Soon after this, general Washington called for men, both militia and others to fill up the regular regiments of the permanent army. For with all the exertions which had been made, the state was still deficient in en- listing the full number of soldiers for the term of the war, which had been required. The General Court repeated its call upon those towns, which were delinquent ; and while it held out great en- couragement to the men to enlist, it imposed a heavy penalty upon the towns that should not forthwith procure the number of soldiers, which it was their duty before that time to have furnished. And in consequence of a requisition from general Washington the state procured again this season, for the use of the continental army, large quanti- ties of clothing and provisions .* This was an ex- pensive method of providing for the army ; but it was not in the power of Congress to make provis- ions otherwise than by calling upon the respec- tive states.
At no period of the war, was there greater ef- fort necessary to maintain an army sufficient for
* Two thousand head of cattle, 4,000 blankets and 8,000 pair of shoes and hose.
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any decisive purposes, which the commander in chief might have in view; or a greater demand upon the resources of the country. Washington was resolved to attack the enemy in New York, or to bring all his forces against those, who were com- mitting depredations in the southern states. . Gen- eral Greene was in that quarter; but his force was not sufficient to enable him to make a success- ful stand against the British. General La Fayette had been sent on with the light troops* of the American army to oppose lord Cornwallis in Vir- ginia ; general Wayne was also ordered to rein- force the latter, with some continental troops and the militia of Pennsylvania. Still Washington kept up a formidable force in the vicinity of New York : and probably, at one time, seriously intended to make an attack upon the island, then in possession of the British. He called for large portions of the militia from the New England states. Massa- chusetts was required to furnish 6,000 for three months. But 500 which had just before been marched to Newport were to constitute a part of the number. An additional quantity of provisions was furnished by Massachusetts, at this time, and some ordnance and a supply of powder was sent on to head-quarters, at the urgent desire of general Washington. He collected a large army near New York, and the enemy expected an assault. This had the effect intended. No reinforcements were sent by the British general in New York to Corn- wallis ; and Washington, by forced marches, pro- ceeded with a part of his army to assist in an at- tack upon the enemy at the south. The French
* Many of these were from Massachusetts.
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naval and land forces assisted in the capture of the British army in Virginia. Several thousand French troops under count Rochambeau joined the Ame- ricans in that quarter, in the month of September; and the fleet was so formidable as to deter the British admiral from approaching the coast. In- deed, it was not until it was too late for the Bri- tish commander at New York to afford succour to Cornwallis, that he was fully sensible of the ob- ject of general Washington. The British troops in Virginia under Cornwallis surrendered to the al- lied army under general Washington, on the 19th of October 1781. The French troops were of great importance in this affair ; and both officers and men behaved with singular bravery. Count Viomenel, as well as Rochambeau, was distin- guished by the approbation of general Washing- ton; and among the American general officers who received his particular commendation, were Lincoln,* La Fayette,t Knox, and Wayne. Colo- nel Scammel of Massachusetts received a mortal wound during the siege, which he survived but a few days. His death was greatly regretted. He was a brave and judicious officer ; and possessed in a high degree the esteem and regard of the whole army. For some time, he acted as adju- tant general, and shared largely in the confidence of the commander in chief. He took an early and active part in the revolution.
* General Lincoln was soon after appointed secretary at war, by Congress.
t The marquis La Fayette was a major general in the Ame- rican line (not in the French) and had command of the light infantry.
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This successful event induced the British court to think of peace with the United States. But they were not then even, prepared to offer such terms as America could consistently accept. Con- gress had determined not to negotiate, without an acknowledgment of the independence of the Uni- ted States ; and the assent also, on the part of France, to the conditions of peace. The British ministry discovered no disposition to propose or to agree to such terms. They had publicly declared their intention to prosecute the war, notwithstanding their recent heavy loss, in the surrender of Corn- wallis ; and it was known in the course of the win- ter 1782, that great preparations were mak- ing in England for another campaign. It became necessary, therefore, for Congress, desirous as they sincerely were for peace, to adopt measures for the defence of the country. As a great portion of the troops employed, during the year 1781, were militia, and had been discharged at the close of the year, they called upon the several states to enlist men to complete the permanent regiments, or to furnish militia again to reinforce the conti- nental army. They negotiated loans in France again to a large amount ; and in the course of this year, the American envoy in Holland obtained loans ; but a great part of these sums was ap- propriated to discharge debts previously incurred in France for goods and military stores, which had been taken up there on the credit of the United States. The requisitions upon the states were still great. Massachusetts was required to furnish the sum of 1,300,000 dollars, as her portion of 8,000,000, the whole amount to be raised by all the states. Fifteen hundred men were also order-
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ed to be raised to complete the regiments in the continental line .*
Under all these requisitions, the burdens of the people must have been exceedingly heavy. The voice of complaint was heard through the state : but it was loudest in the country towns. A part of the old taxes was still unpaid; and within a short period 1,650,000 dollars were required in ad- dition. Depreciated paper was no longer current ; and it was necessary to collect a part of the taxes in specie or in bills of the new emission, so called, which were not easily procured, as this emission was comparatively small. The farmers had little of surplus produce to spare, and they had no other resources. Besides, the taxes had been high for six years ; and the bounties they had given to in- duce men to serve in the army amounted to large sums. Some designing and selfish individuals took advantage of these difficulties, and inflamed the minds of the people to such a degree, that, in the western part of the state, a number collected to prevent the regular course of justice. They endeavoured to interrupt the business of the Su- preme Court in the county of Hampshire. One Ely who had been an ordained clergyman in the state of Connecticut, and who, perhaps, was as de- ficient in judgment as in principle, was the chief agent in producing this alarming excitement. He was taken into custody ; but the people, thinking he was the sincere advocate of their rights, at- tempted to rescue him. They were soon induced,
* The towns were classed, and each class was to furnish a man, or to pay the sum necessary to engage one for the mili- tary service.
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however, to give up their favourite, and to retire quietly to their several homes. A committee of the General Court was sent into that county, who satisfied the citizens, that their rulers were ready to afford all possible relief to them, and that the great amount of taxes was entirely owing to the expenses of the war .* The greater number of the inhabitants in that part of the state, however, were the firm supporters of government, and con- demned the proceedings of the deluded or design- ing men who were the authors of the riot. The legislature, soon after, ordered the treasurer of the Commonwealth to suspend executions against collec- tors for taxes, for several months ; a proof of the great distress which prevailed through the state.
* In the fall of 1780, 400,000l. ; in 1781, 675,000l., and in 1782, 400,000l. ; but these taxes were payable in part in de- preciated paper.
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CHAPTER X.
Prospect of peace ... Massachusetts urge security of fisheries ... Minis ยท ters so instructed ... National bank ... Supreme court ... Illicit trade forbidden ... Distresses of soldiers on their discharge ... Alarming com- bination among part of the officers ... Great taxes ... Relief for debtors ... Impost and continental taxes ... Refugees ... General Court for 1783 ... Members of Congress ... Peace ... Governor urges attention to public credit . .. Slavery wholly condemned ... Census ... Requisitions of Congress ... British debts ... Eastern boundary ... Governor Han- cock resigns ... New excise ... Complaints of British importations.
IN the early part of 1782, the war with Ame- rica becoming more unpopular in England, on ac- count of the great expenses and the misfortunes which had attended it, the ministers were obliged to resign their places ; and others, more favoura- ble to peace with the United States, were called to advise his Majesty. In anticipation of such an event, Congress had already given authority to their ambassadors in France and Holland, for forming a treaty of peace. Some general instruc- tions had been forwarded them, to guide their negotiations. The acknowledgment of INDEPEN-
DENCE, was the only. absolute ultimatum, upon which they were to insist : except that they were not to make a treaty, without the king of France was a party to it. They were, indeed, further instructed to contend strenuously for certain boun-
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daries of the United States, which were such as the treaty afterwards made, recognized : and for the common use of the fishing grounds, to which the inhabitants formerly had access.
The legislature of Massachusetts, in which the people were more generally engaged in the fishe- ries than in any other state, knowing that Congress were considering the terms of peace, and giving directions to their envoys in Europe on the sub- ject, wrote their delegates to that body, and ex- pressed their sense of the importance of securing these ancient privileges. This letter, which was written in October 1781, was referred to a com- mittee of Congress, who did not report on the subject until January 1782. In the report, they did not confine themselves, however, to the sub- ject of the letter from the Massachusetts' legisla- ture ; but gave an opinion as to the general instruc- tions, which would be proper to forward to the ambassadors in Europe, who were authorized to negotiate a treaty of peace. . This was, in sub- stance, such as had been given them the year be- fore. No treaty should be made, they reported, which did not, in the very outset, recognize the INDEPENDENCE of America, and in which the French government was not included : for the treaty of alliance between France and the United States provided, that neither power would make a sepa- rate peace with Great Britain. The report in- deed, went farther, and recommended, that no other terms, than such as the court of France might approve, should be required by the Ame- rican envoy ; and that the king of France be re- quested to secure for the United States the most favourable conditions he could obtain : thus ac-
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knowledging, in effect, the foundation for a future claim upon their gratitude.
As to the boundaries of the United States, they were to contend, though not as an ultimatum, for those by which they had been known when colo- nies of Great Britain. The ambassadors were also to be instructed, according to this report, " to contend for a right to the fisheries on the banks of Newfoundland, and in the North American seas." But this was not to be insisted on as an ultimatum. Nor did the report even propose, that a right should be claimed to fish on the coast of the Bri- tish territory, or within three leagues, the dis- tance, to which all nations claimed the exclusive jurisdiction, according to international law. It went into the enquiry, what that distance was, as recognized by the general consent of the civilized nations of Europe : by which it appeared, that in some cases it was considered to be three leagues, and in others, fourteen miles: and that it depend- ed upon particular provisions of a treaty, if any greater privilege was allowed. This report was also committed, and in August 1782, it was offer- ed again and accepted, with some verbal altera- tions.
By the statement made and the reasoning used in this report, it does not appear, that Congress considered the claim to the fisheries, even on the high seas, of so indisputable and rightful a charac- ter, as that of Independence. The arguments used, however, and the usage of nations, as to a com- mon right on the ocean, justified them in contend- ing most strenuously for it ; and in instructing their ambassadors not to consent to an abandonment of such right or claim, except that peace could not
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otherwise be obtained. There was, probably, no necessity for such particular instructions respect- (ing a right to fish " on the banks of Newfoundland and in the North American seas." For the Bri- tish, monopolizing and exclusive as their spirit was, did not, from any thing which appeared, ever medi- tate to exclude the people of the United States from fishing, any more than sailing, upon the high seas. This claim, or this right, then, was secured by our envoys, without much difficulty. But the privilege of taking and curing fish near and on some of the British coasts, which they obtained by the treaty of 1783, was an important one, especially to Massachusetts; and was proof of great ability and of devotion to the interests of the country, in the American ambassadors.
In May 1781, Congress authorised the establish- ment of a national bank at Philadelphia, agreea- bly to a plan proposed by Mr. Morris, who was then superintendant of finance. The legislature of Massachusetts passed a law in March 1782, for the purpose of giving currency to the bills is- sued by that bank within the state, authorizing the treasurer and others to receive them for pay- ment of the debt of the state, and subjecting those to severe punishment who should counter- feit them. The first bank in Massachusetts was established in 1784. The charter had no limita- tion, as to the period of its continuance. For several years it was the only banking company in the state; and the profits which it yielded to the pro- prietors were very great.
The constitution of Massachusetts adopted in October 1780, provided that the highest judicial tribunal in the state should be denominated the
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Supreme Judicial Court. In July 1782, a court with this title was established by law. The legis- lature had sometime before enacted, that the judges of the superior court of judicature, the name formerly given to the highest judicial court in the Commonwealth, should exercise the powers given by the constitution to the supreme judicial court .*
From a disposition hostile to the Independence of America, or, more probably, from the hope of gain, many citizens of the United States engaged in illicit trade to the territories of the enemy. Those whose ruling passion was the love of gain were tempted to this intercourse, as the profits were then very great, on account of the scarcity of British goods in the country. Congress con- sidered this conduct highly unjustifiable, in the ex- isting state of the two countries ; and they object- ed to it, also, because it drained the United States of specie, which was the only article given in ex- change for English goods. The legislatures of the several states were desired to prohibit all such intercourse. The general assembly of Massachu- setts readily co-operated in this object, by passing a law to prevent all trade to the British colonies or with British subjects : and the citizens of Bos- ton entered into an agreement to prosecute all who should be discovered engaged in such illicit intercourse. The General Court, also, responding to the public declaration of Congress, expressed its disapprobation of the insidious designs of the British ministry, in its attempts to negotiate with
* The judges, at this time, were Cushing, Sargeant, Sulli- van, Sewall : and R. T. Payne was attorney-general.
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the United States separately from France : and gave a decided opinion, that peace should not be made, desirous as they were of such an event, without a recognition of American Independence, and on such terms as should be acceptable also to the court of France. Propositions had then re- cently been made to Congress for peace, by sir Guy Carleton, the British commander at New York, in which no notice was taken of the exist- ing treaty between France and America. This was justly considered as inadmissible by Congress and by the people of the United States. And it appeared afterwards, that an attempt was made by the British to form a separate treaty with the French government.
Though Massachusetts was not again required to furnish men for the army, it had a great debt to discharge, and many of the soldiers were re- turning to their families and their homes, wholly destitute of the means of subsistence, for whom the state was bound, both by justice and gratitude, to provide. The amount owing to the officers and men belonging to Massachusetts was such as would require many years to discharge. The greatest efforts were made by the legislature to pay them a small part of their wages. For the greater part, they were paid in notes, which, on account of the immense debt of the state, soon became so depreciated as to be sold for an eighth of the nominal value. The war worn soldier, who had devoted many years to the cause of liberty and independence, was obliged to part with his re- ward, which should have cheered the residue of his years, for immediate support. But it was be- lieved, that the defenders of the country would
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never be neglected by a grateful and generous people.
In the beginning of 1783, when peace was an- nounced, and the army was about to be disbanded, an alarming spirit of discontent was manifested, which, for a short time, threatened both the tran- quillity and liberty of the nation. There appear- ed an indisposition in some members of Congress to fulfil all the promises which had been made to the officers and soldiers, to the full extent, to which the latter were ready to interpret them. The half pay for life, which, at one period, was promised, was afterwards declined by Congress, because some of the states objected to such a compensation .* This difficulty was finally adjust- ed, by engaging to pay them the amount of full wages for five years. The officers assented to the alteration; for they had learned that the establishment of half pay for life was very ob- noxious to a great portion of their fellow citizens. And they were too patriotic to insist even on a just claim, at the hazard of the public tranquillity.
Congress was able to pay only a very small part of the wages due, which were so much needed ; and the officers and soldiers were expecting to be dismissed from the service of the country, entirely destitute ; and to be thrown upon the justice or pity, as some of them said, of the several legisla- tures; the measure of which they also were to decide. All professed to be desirous of having
Many in Massachusetts oven opposed both to the half pay cucnc and to five years full pay to the officers. They said it would render the officers rich and insolent; that the taxes were al- ready very oppressive, and that the people were generally dissatisfied with it.
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justice done, or guaranteed them by Congress ; but many were aware of the present inability of government, and considered it a solemn duty to acquiesce in its decisions. Others were less con- siderate, or more selfish; and endeavoured to pre- vail with their companions to adopt a resolution, not to separate or lay down their arms, until their demands and wishes were fully complied with. A combination was projected, of a very dangerous character, which threatened to subject the country
to a military despotism.
The principal authors of
this nefarious project were unknown; but they were justly obnoxious to the censure and indigna- tion of a virtuous people. General Washington, and other officers of high rank,* expressed strong disapprobation of this daring plan; and gave them- selves no rest until it was wholly abandoned. But the spirit had taken such deep hold of the army, that it required all their influence and exertions to suppress the combination.
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