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 17
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A law was enacted in 1785 for the confinement of certain convicts to hard labour on Castle island. Public opinion was opposed to corporal punish- ments ; and it was believed, that imprisonment, united to laborious service, would be likely to re- form the criminal. The laws already required con- finement to houses of correction in the different counties. for some offences; but there were few
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such buildings erected in the state; and it was only for the lesser crimes, that such punishment was provided. It was now ordered by the General Court, that a large workshop should be erected on the island, and the barracks fitted for the reception of those sentenced to hard labour and confinement for a longer term than a year. Afterward, when that island was ceded to the United States, a build- ing was provided at Charlestown, for the recep- tion and employment of convicts, with the view of effecting their reformation, as well as of preventing the further commission of crimes. The great be- nefit expected in reforming those confined has not been fully realized. But it is difficult to decide, whether this be owing to a defect in the system, as there is no real solitary confinement, or to its insufficiency to reform the very depraved persons who are the subjects of its discipline.
The General Court of Massachusetts early per- ceived the advantages which would attend a uni- form system of commercial regulation, and had, by a particular resolve, given power to their dele- gates to Congress to agree to such a plan : but it was on condition, that all the other states should conform to the system. They were also desirous of having the revenue, thence arising, collected by their own officers, and of retaining a part of the amount received for the payment of the debts of the state. The system, which Congress would approve, required the collectorsto be by continental officers, and the whole revenue to be at the dis- posal of that body, to discharge the debts of the United States. The sums collected by the impost duty were, indeed, greatly wanted by Massachu- setts, to pay its own particular debts : and it was
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also confidently believed by many intelligent citi- zens, that the state was paying, from year to year, much more than its proportion of the continental debt, as on a settlement, it would be found that she had advanced more than her share of the ex- pences of the war. Congress urged Massachu- setts and the other states, which had not then given such power, to authorise their delegates to consent to it. The governor also in October 1785, and January 1786, endeavoured to prevail on the legislature to pass a new act giving complete and unconditional power to Congress to regulate foreign commerce. Before this was decided by the court, a proposal was made, by the assembly of Virginia, for a convention at Annapolis, in September fol- lowing, to consist of committees from all the states, to take into consideration the commerce and trade of the continent ; and to agree upon some general plan, or to delegate power to Congress to legis- late on the subject. A committee was according- ly appointed by the General Court, consisting of Caleb Davis, B. Goodhue, T. Dalton and J. C. Jones : several of these gentlmen declined, and F. Dana, S. Higginson, G. Cabot and E. Gerry were appointed. Only five states were represented in this meeting, and therefore no plan was adopted for the general regulation of the commerce of the country. But it was recommended by the meeting, that there should be a convention at Philadelphia in May 1786, to be composed of delegates from all the states, for the purpose of revising the arti- cles of the confederation, and giving power to Congress sufficient for adopting and enforcing all such regulations, "as should be necessary for the credit, respectability and prosperity of the coun- try."
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The finances of the continent at this time were in a very unsettled and embarrassed condition. Its debt in Europe was very great, and the Con- gress was owing a large amount, exclusive and in- dependent of what the respective states individu- ally were bound to pay for the common benefit. Had the states collected and paid over to the con- tinental government the sums demanded for seve- ral years, the debt would have been much lessen- ed. But all the states were greatly in arrears to Congress, each having debts of its own to provide for. The governor was desirous to comply with the requisition of Congress, by giving to that body the whole power over the imposts, or to appro- priate the revenue arising from it, to such pur- poses as was required. But it was not till the federal government was organized under the new constitution, that Congress had the full power to regulate commerce, and to command the revenue arising therefrom.
Mr. Bowdoin was chosen governor, in 1786, by the people, having received about three fourths of the votes of the whole state. Mr. Cushing was again elected lieutenant governor ; Samuel Phillips, Junr. President of the Senate, and Artemas Ward, Speaker of the House of Representatives. The House of Representatives consisted of two hun- dred members; many of whom were not of the house the former year. The counsellers were, Spooner, Holton, Gill, Cushing, Greenleaf, Cutts, Fuller, Phillips and Ellis; the delegates to Con- gress, Goreham, Sedgwick, King and Dane.
The governor particularly urged upon the at- tention of the legislature the interests of Harvard College. Hc alluded to the article in the consti-
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tution, which required the General Court to pro- vide for its support and prosperity, and proposed that all former grants of lands be secured, and a portion in the new township reserved for its use. He reminded them, that it was always an object dear to their fathers; that even the British go- vernment had extended to the institution its fos- tering care ; and he expressed his confidence, that a republican legislature could not neglect the in- terests of science. But a great part of his elabo- rate speech had reference to the finances of the state. As he had done at the two former sessions, he expressed great concern on account of the pe- cuniary embarrassments of the Commonwealth, and declared again his solemn opinion, that some more prompt and efficient measures had become indispensably necessary. A large amount was due on army notes and other public securities ; a great part of the former taxes remained uncollected; and the portion required of the state, by Congress, for the arrears of three past years, with the ad- ditional sum for the present year (1786 ;) making in the whole almost a million and a half of dollars. This indeed, was a heavy tax. The exhibit was alarming and discouraging to the people. It was impossible perhaps to collect it in one year. But
the evil might have been avoided in a great degree by an earlier attention on the part of the General Court. The governor had discharged his high duty, by giving carly information, urging some pro- vision, and warning the General Court of the dis- astrous consequence of inattention and delay. Hc did not indeed insist, either at this time, or at the two preceding sessions, when he referred to the subject, that the whole tax of the state and the
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sums required by Congress should be raised, at once. But he did most earnestly urge upon them, the necessity of paying the interest; of furnishing the third of the amount desired by Congress, in specie; and of opening new loans, connected with such a plan for paying promptly future interest and annual instalments on the principle, as should satisfy public creditors of the disposition of the assembly to do them ample justice, and to give them confidence in the promises of the govern- ment. But many of the General Court were ac- tuated by mistaken views of the public welfare, and were unwilling to press the people to such payments as the condition of the state imperious- ly demanded. More energy during the years 1783 and 1784, and a full statement to the people of the public debt, might have afforded seasona- ble relief, and prevented, in some measure, the embarrassment, with which the Commonwealth was now struggling.
In 1781, when the officers and soldiers of the army were urgent for their wages, and when it was extremely difficult to prevail with them to continue in the public service, the legislature en- gaged punctual payment of interest, and payment of the principal in six successive years ; and passed a law authorising the treasurer to issue warrants even if no tax bill should be voted by the legisla- ture, for assessing and collecting the sums necessa- ry for the purpose. The governor reminded the General Court of this law, and stated that it would be the duty of the treasurer to issue warrants in July, unless they should expressly direct him to suspend them. He suggested, that if a part now due, with the interest, was provided for, the resi-
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due might be met by giving new notes to the cre- ditors : but that seven hundred thousand dollars appeared to be necessary, to be collected, the greater part, by a direct tax, to discharge demands upon the state ; and 224,000 dollars, to comply with the requisitions of Congress. And yet the legislature directed the treasurer to suspend his warrants for the sums necessary to pay off the public securities, for which such taxes had been previously promised.
The conduct of the legislature was represented by some as wavering and inconsistent. Perhaps, as it regarded the majority, there was little foun- dation for such a charge. The situation of the Commonwealth was very critical; and the' imme- diate representatives of the people were desirous of affording all possible relief to their fellow citi- zens ; yet, at the same time, they discovered a disposition to support public credit and to comply with the demands of Congress. They granted a large sum at the request of that body, to satisfy demands before made, by a tax on the polls and estates of the people. When a proposition was made to issue paper bills, to order them to be re- ceived in payment of public debts and even to be made a tender in all cases, and also to allow the payment of common debts by specific articles of produce, it received the negative of five sixths of the representatives.
The General Court was prorogued, early in July, to the month of January ; but, on account of the prevailing complaints among the people, which, in August, were followed by county conventions and open opposition to government, in stopping the courts of justice, and threatening the entire pros- VOL. II. 33
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tration of law and order, the governor called a special session in September. The council un- animously advised to this measure. The principal complaints of the people were the following. The excise law, and the application of the reve- nue arising from that and from the impost law to the payment of continental taxes, and notes due at the loan office and to the officers and soldiers of the late army, instead of being put into the treasury to discharge the common expences of government .- The usual mode of apportioning direct taxes ; the poorer classes alleging that the poll tax was too high, and the farmers that land was valued too highly, and commercial property not enough : the compensation allowed the officers of the army was considered a grievance by some, and objections were made to paying them, "at the expence of the sufferings of their fellow citizens," as was pretended. This was, indeed, a singular complaint ; for they had the notes of government, which it was not in the power of the legislature to cancel ; and a great portion were too just, as well as too grateful, to wish to deprive them of their due. Another source of discontent was the great amount of private debts, which had long been suffered to accumulate .- The costs in civil suits, and in the collection of debts gave occasion for complaint also : and it was pretended that lawyers had an undue influence and were growing rich, at the expence of the common people. Some even objected to the courts of common pleas as an unnecessary burden. Objections were made to the constitution of the state; and .the senate declared to be superfluous, or worse. Some desired a new emission of paper, in the hope that a remedy would thereby be provided for
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their pecuniary embarrassments. Some proposed the payment of the debt of the state by paying only the sum for which public paper was purchas- ed, when at its greatest depreciation.
The single fact, that the taxes were extremely high and burdensome, is sufficient perhaps, to ac- count for all the uneasiness, which prevailed. But, to the well informed and reflecting citizens, the dis- position both of the governor and of the General Court to grant all the indulgence and forbearance consistent with the public credit, was sufficiently apparent ; and must have induced them, most will- ingly, to submit to the requisitions, which were made upon them. But many of the lower class of people had imbibed improper notions of go- vernment, in consequence of the revolution, and of the opposition formerly made to the arbitrary acts of the British parliament. And a few artful and unprincipled men took advantage of their mistakes and sufferings, and persuaded them, that they had a right, in irregular conventions and by force, to rid themselves of the restraints of law and government. The riots which took place, however, were rather the effect of excitement un- der their heavy burdens, than of any settled belief with many, that they might justly oppose the laws of the state. A vast majority of the citizens were too intelligent and too well disposed, to resolve, deliberately, to disobey the authority of govern- ment. There was, indeed, at one time, much cause for alarm, when even a comparatively small portion of the people were so infatuated as to take up arms to oppose the government of their own creation, or to refuse to pay the price of their civil privileges ; and it required the vigilance, the wisdom, and firmness of the friends of good order to quell the spirit of misrule.
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CHAPTER XII.
Convention in Hampshire county ... Also in other countries ... Complaints of taxes and courts ... Courts interrupted ... Militia called out to sup- port government .. . Extra session of the General Court .. . . Approved of the conduct of the governor ... And endeavour to provide relief to the public ... Middlesex militia ... County conventions renewed and forci- ble opposition to government ... Settlement of dispute with New York ... Courts again obstructed . . Insurgents embodied ... And militia called out.
IN the early part of August a convention was holden at Hatfield, composed of delegates from about fifty towns in the county of Hampshire, being five sixths of the whole number. They as- sembled openly, and declared their object to be, " to consider and provide a remedy for the griev- ances they suffered." They professed to disap- prove of all mobs and riots; and probably a ma- jority of them were sincere in the declaration and did not meditate any forcible opposition to govern- ment. The error, in the well disposed, was to assemble in such a manner; as it only served to inflame the minds of the more ignorant, and gave opportunity to the more artful to exert an influence extremely dangerous. The regular mode of seek- ing a redress of their grievances and sufferings would have been an application to the legislature, through their representatives, who would have
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afforded all suitable indulgence and all possible re- lief. For the legislature, composed of citizens of the state, whose interests, whose prosperity, whose rights and whose destiny, were the same as those of all the people, would be as ready to provide . for the comfort and the rights of their constitu- ents, as for the authority of government.
This convention continued in session three days. Their first vote was, "that the convention was constitutional." They then proceeded to consider the causes of complaint among the people; which they believed to be the following .- The senate in the legislature, which they alleged was not a re- presentative body of the citizens, and was a re- straint upon their immediate deputies or agents. The rule of representation was objected against as unequal ; all salaries, they insisted, ought to be granted annually, and all civil officers appointed by the General Court .- Fees for judges and others, they believed were too great .- The courts of Common Pleas and of sessions were unnecessa- ry .- The whole appropriation of the impost and excise duties to pay the public debt, especially army notes, was condemned; and a suggestion made that a part of it ought to be applied to the annual support of the government .- Some salaries of public officers were too high .- The existing rule of laying taxes was objected to, in assessing so much on polls and on lands ; expence of law suits ; want of circulating medium ; General Court sitting in Boston ; neglect in settling with Congress, as it was believed the state was called upon for more than its portion; and the haste with which collec- tors were required to collect the taxes, many of which were due.
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The convention proposed that paper bills should be issued, that they should be made a tender, and be received in payment of public securities and other notes due the officers of the army or those who had loaned money to the Commonwealth. They also declared an opinion for having the con- stitution revised and altered. And they passed a vote, that the governor should be required to call the General Court together immediately to act upon these various subjects. Their votes and proceedings were ordered to be published, and copies to be forwarded to Worcester and Berk- shire, where conventions were already proposed to be holden : and the chairman was authorised to call another meeting, if application should be made to him for the purpose.
It was evident, that many of their complaints were unreasonable, and that some of their pro- posals were inconsistent with the dignity of go- vernment and the honour and good faith of the states. No one denied that the public burdens were difficult to be borne; nor were there any who did not lament the condition of the people, and desire to provide some relief. But the con- vention, even supposing a majority of its members to have been averse from open opposition to the laws, was considered an improper means for re- dress. When one was proposed in the county of Suffolk, in 1784, with a view to prevent the pay- ment of the commutation promised to the officers of the army, the citizens of Boston, Roxbury and some other towns severely condemned the mea- sure ; choosing rather to submit to the opinion of the General Court on the subject, which was the only competent body, indeed, to decide upon it.
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In three weeks after the convention at Hatfield, notwithstanding its censure upon all mobs and riots, 1500 men, chiefly armed, assembled at Northamp- ton, the shire of the county, and prevented the sitting of the court of Common Pleas. They were determined there should be a suspension of the regular processes of law : But probably. they had no settled plan, as yet, to dispense with all judi- cial courts. On a representation of this alarming outrage, the governor issued a proclamation, for- bidding all assemblies of the people for unlawful purposes, and calling upon the officers of the go- vernment and the good citizens of the Common- wealth, to aid in suppressing such dangerous com- binations. The council were not in session at the time ; and he consulted the attorney general and se- nators and representatives, the judges of the court, who were in the vicinity. The prudent procla- mation of the governor had little effect. The evil increased ; the discontented became bold and forward in their censures upon the conduct of the General Court, and of the executive. The spirit of misrule and insurrection spread extensively and rapidly. In Worcester, Middlesex, Bristol, and Berkshire, it threatened similar acts of disorder as had been committed in Hampshire.
The first of September, the Court of Common Pleas for Worcester county was not. suffered to be opened. About 300 armed men assembled, took possession of the Court House, and would not permit the judges to enter : and, soon after, when the Supreme Court held a regular term at Springfield, the insurgents collected in large num- bers, to prevent them. The governor was early in- formed that they would probably interrupt the sit-
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ting of this court, and he ordered major general She- pard, commanding the division of militia in that county, to take possession of the Court House, if there was just reason to apprehend any violent pro- ceedings, on the part of the malcontents. General Shepard collected 600 of the militia, and prepared to obey the order of the Supreme Executive. Many of the officers and men who joined him, were very respectable for property and informa- tion. The insurgents, however, assembled, on the morning of the day fixed for the sitting of the Court, and in greater numbers than it had been supposed they could collect. The principal and most active leader of the party was captain Daniel Shays, who had been sometime an officer in the continental army. They appeared much disap- pointed and enraged to find the Court House already in possession of those, who resolved to support the authority of government. The Justices of the Court exhibited great firmness on the occasion ; refusing to receive any message from the rioters, who had requested that no indictments might be sustained against any of their party. But the alarm and anxiety of the citizens was so great, that it was concluded to adjourn the court on the third day of the session.
The conduct of the insurgents was very insolent ; and in some cases they threatened those who would not join them. There was a serious appre- hension, at one period, that they would have at- tacked the militia under general Shepard. But they were probably convinced of his resolution and bravery, and prudently avoided a contest. His conduct was highly applauded for moderation and coolness. Indeed, his object and his orders
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were to act on the defensive, and to support the civil authority. On the fourth day after they had assembled, the insurgents dispersed, much to the relief and comfort of the good people of Spring- field and vicinity.
The Justices of the Supreme Court did not consider it prudent to go into the county of Berk- shire, at this time ; believing that it might irritate the discontented part of the people, and that pro- bably no business could be regularly accomplished. The insurgents expected the Judges would come into the county to hold the Court, although it had been otherwise reported; and a considerable num- ber of them collected, many of them armed, in the shire of the county, with an intention to pre- vent the sitting of the Court. Their behaviour was very reprehensible ; the people were greatly alarmed, and some were threatened with personal injury.
Major general Cobb, of Bristol county, who was also the chief justice of the court of common pleas, was apprehensive of violent proceedings by the discontented in that quarter; and although he had received an intimation from the governor,* that the militia would not probably be needed on the occasion, he had ordered several companies to appear at Taunton, the shire of the county, on the morning the Court was to meet. This was a
* In the absence of the Council, the governor consulted some civil and military officers, on the expediency of order- ing out the militia, both in Middlesex and Bristol, to support the courts, which, it was apprehended, would be interrupted. It was hoped there would be no opposition, and therefore the governor gave directions merely to call out the militia in case of necessity.
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seasonable and judicious measure. The malcon- tents appeared in greater numbers than the militia, who had been ordered for protection of the Court. But the firm and spirited conduct of general Cobb* convinced them of the extreme danger of their enterprise ; and they separated, without any at- tempt to prevent the sitting of the Court. It was decided, however, by the Court, that the great alarm and uneasiness which prevailed, rendered it proper to adjourn to a future day.
In Middlesex, the malcontents succeeded in ob- structing the Court. It was believed, by many respectable citizens of the county, that the pro- clamation of the governor, together with the influ- ence of the friends of order, would deter them from resorting to force, and prevail on them to seek relief from the legislature. But they were mistaken in the favourable opinion they had form- ed of the discontented part of the community. The insurgents assembled, and forbid the justices to transact the ordinary business of the Court. They were not so numerous in Middlesex as in Worcester or Hampshire ; but expecting they would not appear in forcible opposition to the Court, the governor had not ordered out the militia for its protection. A convention had then been lately holden in the county, but it was not attended by delegates from a majority of the towns ; nor did it complain of all the measures of government, which had been censured at similar meetings, in other parts of the Commonwealth.
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