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 18
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* He approached the insurgents, and declared to them, " that he would sit as a judge, or die as a general." They knew his character too well to think of intimidating him.
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But there were some persons in Middlesex who openly avowed the most disorganizing sentiments, and whom nothing but fear could deter from vio- lent proceedings.
The General Court met the last of September, in obedience to a special summons from the go- vernor, to consult on measures for allaying the dis- contents of the people, and maintaining the dignity of the laws. The governor gave a full and faith- ful statement of the recent proceedings of the malcontents in different parts of the Common- wealth, and of the measures which he had pursued in relation to them. He gave a decided opinion in favour of some efficient measures to restore tran- quillity, and to support the authority of govern- ment ; while, at the same time, he expressed a desire that all suitable forbearance and relief should be extended to the people, under their heavy burdens. He expressly condemned the con- duct of the insurgents, in the manner they were seeking redress, whatever might be their suffer- ings, by forcible opposition to constitutional autho- rity ; and pointed out the regular mode for obtain- ing relief by application to the legislature. All that was proper in the executive, he had done, with great promptness and decision ; and he was aware of the propriety, in a free government, of having the immediate representatives of the peo- ple devise means for preserving order in the Com- monwealth, and furnishing such redress as the exi- gency required, or the condition of the state would admit.
The General Court censured the irregular and violent conduct of the insurgents ; and the majori- ty were disposed to make all suitable provisions
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for giving due strength to the arm of government. They passed a law against all riots and unlawful assemblies; and, after some discussion and some opposition, suspended the privilege of the writ of habeas corpus for eight months. While they were in session, on a report that the discontented would probably attempt to obstruct the sitting of the Su- preme Judicial Court in the county of Bristol, they made a particular request to the governor and council, to give orders to the major general of that division to be in readiness, with the militia, to pro- tect the judges in their official duty .*
This was a great relief to the governor; for there was a disposition manifested by a portion of the citizens, to represent his firmness as severity, and to charge him with a want of feeling for the distresses of the people. But proof was thus af- forded, that all branches of the legislature were alarmed at the violent proceedings of the insur- gents, and were united in support of the constitut- ed authorities of the state.
The discontented, who were opposed to the sit- - ting of the Supreme Court in the county of Bris- tol, again assembled, and most of them with fire arms ; but the promptitude and resolution of the major general, as on a former occasion, when the Court of Common Pleas convened, obliged them to disperse. It was proof of great lenity in government, as this was a second design, by force, to interrupt the regular course of justice, that the leaders were not immediately seized and punished; or confined,
* This request was made by a joint committee of the Ge- neral Court, consisting of S. Adams, J. Brooks, D. Davis and T. Dalton, who personally waited on the executive for the purpose.
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as an inducement to others to cease their oppo- sition.
Several acts were passed, at this session, for the immediate relief of the people; some of which could not have been considered proper, except in the existing state of the country, which required all possible indulgence. Indeed, if every thing was not done for the alleviation of the burdens of the people, which they expected or desired, it was because a supreme regard to justice, to order, and to constitutional principles, forbid. The legis- lature could not annihilate the debt of the Com- monwealth, nor dispense entirely with the collection of the taxes laid to discharge it. They could only provide for deferring a part to a future day ; and allow the people to pay in such articles as their farms and their occupation would command.
They accordingly passed acts for lessening the expenses of suits at law ; for allowing the debtor to discharge executions by real or personal estate. Provision was also made for paying a part of the state tax in specific articles, instead of specie. A part of the revenue arising from excise and im- posts, though formerly pledged for the payment of interest on the debt of the state to officers of the late army, and to those who had loaned their mo- ney to the Commonwealth, was appropriated to the support of government ; by which the necessity for collecting the direct tax would be less urgent. And all who would appear before some magistrate of the county in which they resided, acknowl- edging the impropriety of all forcible opposition to government, and taking an oath of allegiance to the Commonwealth, and an oath to support the constitution and the laws, were to receive a full pardon and restored to the rights of citizenship.
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An address to the people was likewise prepared and published by the two houses of assembly, in which a statement was made of the public debt, of the particular object and appropriation of the taxes, and of the requisitions of Congress. The people were solemnly urged to consider the fatal conse- quences of a repetition of such irregular proceed- ings, as had taken place in several counties ; and to make an effort, by great frugality and economy, to lessen the amount both of public and private debts. They were assured, that the legislature was fully disposed to afford all relief and indul- gence, consistent with good faith and with a just regard to constitutional principles ; but that those who continued to oppose the wholesome laws of the state and the regular course of justice would be treated as rebels against the Commonwealth.
An agreement was made, at this period, by a number of the most respectable characters in the state, to discourage the use and importation of foreign goods; to wear domestic cloths; and in other ways, to encourage economy and industry. The governor, lieutenant governor, several mem- bers of the council and senate, and many other per- sons of wealth and influence joined the association. Much of the distress of the times was owing to an extravagant use of foreign articles, which com- manded a great price, and by means of which, the specie, which should have been applied to the pay- ment of taxes and common debts, was sent out of the state.
While the legislature was in session, and in the early part of November, it was apprehended, from the movements of some malcontents in the north- ern parts of the county of Middlesex, that they
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would attempt to interrupt the usual sitting of the Supreme Court in Cambridge. As in the case of Bristol county, a short time before, the senate and house made a particular application to the gover- nor to issue orders to the major general of the mi- litia of the third division, to be prepared with a sufficient force to afford such protection to the Court as might be necessary. Orders were ac- cordingly given to major general Brooks, command- ing officer of the militia in Middlesex, to make his arrangements for calling out several regiments on the occasion. Two regiments were also detached, from Essex and the same number from Suffolk, to be in readiness for marching to Cambridge, if they should be required.
The insurgents were too prudent to appear at Cambridge, at the meeting of the court, when they learned how powerful and resolute the friends of government were in that vicinity. The whole number of militia, to be called out on this occasion were to be under the immediate command of ge- . neral Brooks, in whose great prudence and firm- ness, the governor and legislature had the most perfect confidence. The distant troops, which had been detached, were not ordered out, as it was be- lieved a few regiments would be sufficient to pro- tect the court. Such was the abhorrence of the conduct of the insurgents, and such the disposition to support the government, among the citizens of Suffolk, Essex, and a great part of Middlesex, that the whole of the militia, which had been detach- ed, were prepared to march to Cambridge ; but only three regiments and four artillery companies in Middlesex ; two independent companies and
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two companies of artillery from Boston were re- quired to appear.
The militia, which was assembled, made a fine appearance, under their excellent commander ; and were reviewed by the governor, who was attended by the council and many members of the legisla- ture. The commander in chief made an animated address to them, on the occasion, in which he ap- plauded them for the zeal they had manifested in
the support of government. A favourable effect was produced by this promptness and alacrity in the militia ; and the friends of order felt a confi- dence, that, whatever might be the designs or the conduct of a few deluded or desperate characters, the great body of the people had a just regard for the constitution and the laws.
The General Court was prorogued carly in No- vember, after a session of six weeks faithfully and assiduously devoted to consultations and the adop- tion of measures for the welfare of the state : and when they separated, it was with a strong belief, that the people would not again appear in opposi- tion to the lawful authority of the government. But there was a large portion of the citizens so in- fatuated and so much under the influence of a few desperate, unprincipled characters, that, soon after the legislature had closed its session, they held meetings in some of the western counties ;* at which they censured the measures recently adopt- ed by their own representatives, and resolved to prevent the regular execution of the laws of the state. A daring spirit was manifested, threatening
* One was holden at Hadley in Hampshire county, and one at Worcester in the former part of the month of November.
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forcible opposition to government ; and the peo» ple were publicly addressed by unauthorised in- dividuals, with the design to inflame and mislead them, and to induce them to arm themselves against the lawful authority of the Commonwealth. It is hardly possible they could have promised themselves success in their rebellious projects ; and yet they sometimes discovered a boldness and a confidence, which usually inspire those who are en- gaged in a righteous cause. There were very few men of respectability or property, however, who countenanced these irregular proceedings ; and many who attended the conventions were see king relief, in their own opinions, only in a reasonable manner, without intending any forcible resistance to the civil authority.
On the day appointed for holding the Court of General Sessions of the peace, for the county of Worcester, towards the close of November, a number of the discontented citizens appeared, and prevented the justices from transacting the usual business of the court. This was not a very large body ; and had any opposition to the sitting of the court, at this time, been expected, it might have been easily suppressed by the militia in the vicini- ty. The malcontents complained that the legis- lature had not complied with all their requests ; and some of them appeared actuated by the belief, that they owed no other obedience to government, but in so far as they might approve of its mea- sures, and that they might dispense with any laws, which were obnoxious to them, at their pleasure. Very few, probably, would have openly avowed such dangerous opinions.
Such was the conduct of the insurgents at Worces- VOL. IC.
35
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ter, and some other parts of the state, particularly in the counties of Hampshire and Middlesex, at this time, that the governor considered it his indis- pensible duty to adopt some decisive measures ; and to show to that deluded portion of the people, who seemed still determined to obstruct the regu- lar course of the laws, that the legal guardians of the public welfare would not be silent spectators of such outrages. He issued a general order, as commander in chief of the militia of the Common- wealth, calling upon the several major generals through the state, to see that the men belonging to their respective divisions were equipped, and ready to obey any sudden call for the public service.
The discontented still complained loudly against the conduct of the legislature, and accused them "of being oppressive, or insensible to the distresses of their constituents ;" and declared their intention " to seek redress of their grievances in any way which was practicable." The governor was con- vinced that the period had arrived, when it was to be decided, whether the just authority of govern- ment was to be maintained; or whether a lawless force was to be suffered to prevail over all order, justice, and the constitution. And with the wisdom and firmness, for which he was always distinguish- ed, he immediately resolved to make use of all the legal and just authority, with which he was cloth- ed, to crush this daring and alarming insurrection.
But the malcontents were not deterred, by this prompt and decided step in the governor, from continuing their open and forcible opposition to the regular authority of the state. Their leaders probably now expected a severe punishment ; and there was no doubt of a secret correspondence be-
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tween them, by which they encouraged one another to pursue the course they had begun. They were, probably, deceived as to the numbers who would eventually join them in their opposition to govern- ment. They hoped to become sufficiently powerful, to secure their own pardon from the civil authority, and to dictate to the General Court such favoura- ble measures as would afford relief, without a total prostration of law and order, though this was the issue to which their conduct directly tended. Many who complained, and who attended the first con- ventions, were afterwards convinced of their er- rors, and had no further intercourse with the insur- gents.
A regular term of the Court of Common Pleas was to be holden at Cambridge, for the county of Middlesex, early in December ; and it was propos- ed by the governor, to call out the militia for its protection. Several regiments were ordered to be in preparation to march to that place, if requir- ed. But some individuals in Middlesex undertook to promise the discontented, that, if they were quiet, the militia would not be ordered to march. The governor received intelligence of this pro- mise, and believing that no attempts would be made to obstruct the court, did not call out the militia; for he was unwilling to cause any unne- cessary expense to the state, or to give needless irritation to the discontented.
But a number of the malcontents collected at Concord, with a hope of meeting others from Bristol, Worcester, and Hampshire, and with a plan to proceed to Cambridge to prevent the sit- ting of the court. There was evidence, that an effort had been made, notwithstanding the agree-
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ment before mentioned, to assemble a large body of the citizens from distant places, to dictate mea- sures to the executive, and to suspend, for some time at least, the usual process of law. But in the county of Bristol, the opposition had, in some mea- sure, ceased, in consequence of the late acts of the General Court, designed for the relief of the people. In the more western parts of the state, also, some who had censured the measures of government, were hesitating as to the propriety or prudence of further opposition. From the county of Worces- ter, some of the malcontents resolved to join those in Middlesex, as invited, and proceeded a part of the distance; but from some cause, did not prose- cute the undertaking.
This renewed act of insurrection, even after the lenient measures of the legislature, and the for- bearance of the governor, justly exposed the leaders to the displeasure of the executive; and warrants were accordingly issued against several persons in Middlesex, who were the most active in preventing the sitting of the court, and in ex- citing the people to oppose the authority of go- vernment. Their conduct was most dangerous to the welfare of the state ; and by virtue of a late law, suspending the writ of habeas corpus, the ex- ecutive ordered them to be apprehended, and to be committed to prison, to take their trial before the Supreme Judicial Court. The sheriff of Middle- sex, a man of great resolution and firmness, was charged with the execution of this unpleasant duty. But he was assisted by several gentlemen of the county, and a company of cavalry from Boston, who volunteered their services on this oc- pasion, in support of the government, A party of
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the citizens of Groton, in that county, also, readily joined the sheriff in this expedition. Three of the principal insurgents, belonging to the county of Middlesex, were apprehended by the sheriff and his party; one of them, however, and that the most obnoxious to government, was not taken, till after a long pursuit, and a personal rencontre with one of the cavalry, in which the former was badly wounded. The persons who were apprehended on the warrants of the governor, were conveyed to Boston, and lodged in Suffolk jail.
A party of horse, from the town of Roxbury, consisting of about forty, were sent into the county of Worcester, at the same time the sheriff of Middlesex and his party went in pursuit of the insurgents in this latter county. They were not furnished with warrants, nor authorized to appre- hend any individuals ; but were instructed to visit the shire of the county, and some other towns, to obtain information as to the plans and movements of the insurgents. Soon after the return of this party, the governor was informed that the insurgents were still collected in a large body, in that county, and would probably attempt to obstruct the sitting of the Court of Common Pleas ; a regular term of which was then soon to be holden. A number of the malcontents, as was apprehended, assembled in Worcester, on the first day of the court; but the militia and other citizens of that town, amount- ing to about' two hundred, appeared under arms, near the Court House, on the side of government ; and no attempt was made by the rioters to ob- struct the court. The judges, however, did not proceed to business, having received advice from the governor to adjourn to a future day. This
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was in pursuance of a plan to postpone the courts for a few months, with a view to remove even the pretended causes of complaint, and to decide on a system of conduct, proper to be pursued with efficiency, for the support of government, and the entire suppression of such a daring insur- rection.
In the meantime, the insurgents collected from different parts of the county of Worcester, and some from the more western parts of the state ; and the day after the adjournment of the court, although the weather was uncommonly severe, and the travelling much impeded by a heavy fall of snow, they were estimated at one thousand. They placed guards at the houses where the judges resided, who still remained in the town; and they billeted themselves upon the inhabitants; and yet, in other respects, their conduct was not marked by any peculiar degree of injury or inso- lence towards the citizens.
In the county of Hampshire, also, a number of the malcontents were embodied under arms, and manifested a disposition to seek redress by force, for their pretended grievances. An address to the people assembled in this hostile manner, and one purporting to be from their leaders, to the public, appeared in the newspaper printed in that county ; from which it was evident, that their great dissatisfaction with the late measures of the General Court still continued, and that they were so much under the influence of prejudice and error, as to expect to obtain the object of their wishes by a change of government, or by compell- ing the legislature to a compliance with all their requests. The lenity of government served only
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to embolden some of them in the prosecution of their dangerous plans. They unjustly accused it of severity, in its declarations of a purpose to punish such as continued their opposition ; and, at the same time, by a strange perversion, construed its past forbearance and lenity into weakness or fear. They had neglected seasonably to avail themselves of the . clemency of the supreme au- thority of the state; and they seemed now to set its power at open defiance. This, indeed, was the case with only a part of the malcontents ; for many lamented the part they had taken, and were desirous of withdrawing from the conspiracy against the public peace, could they have done it without subjecting themselves to the vengeance of their more daring and inconsiderate compa- nions.
The forbearance of the executive was justly to be attributed to a hope that reflexion would in- duce the malcontents to desist from their disor- ganizing plans, and to a strong desire that the mild measures already pursued, would effect what otherwise must be attempted by a military force. But such a hope was weakened by the lapse of every succeeding week and day, which brought new proofs of the dangerous views and intentions of the insurgents, and served to convince the friends of government that a resort must speedily be had to the strong arm of power, to prevent the final triumph of anarchy and misrule. So bold and so infatuated were some of the insur- gents, that they proposed to collect all their force, and march to the capital, to liberate those who had been there lately confined. What other objects they contemplated, were not disclosed ;
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but it was necessary to place the militia in a state of preparation, to prevent such a desperate under- taking, Whether the majority of the malcon- tents ever deliberately agreed upon such a plan, is difficult to decide; for they generally acted with little concert or system; and if they had formed any plans, they were such as their situa- tion or their fears induced them to adopt, without much previous consideration.
There was, however, so much anxiety and alarm, that the executive directed major general Lincoln, commanding the militia of the first division, to issue orders for the protection of the capital, and to provide for obtaining early information, as to the movements of the insurgents. Major general Brooks was also instructed to have the militia of Middlesex in a condition to march at the shortest notice, to meet them on their approach to the me- tropolis, should they attempt it.
General Lincoln immediately issued orders for the militia of Boston, and some other parts of Suf- folk, to be in readiness to defend it ; assigned several military corps their respective stations ; and gave directions for an alarm to be given, by the firing of cannon on Fort hill in Boston, if the insurgents should be hardy enough to approach that place.
No attempt, however, was made to march to Boston, for the rescue of the prisoners; and the insurgents left the town of Worcester after a few days, finding it difficult to obtain the means of sub- sistence. A small portion of them returned to their houses ; but not, generally, with any just con- viction of the great criminality of their conduct, or with a full determination to forbear all further opposition to government. A considerable number
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of them, with Shays, their leader, repaired to Rut- land, a distance of about twelve miles, and took shelter in some old barracks, which had been erect- ed during the war of the revolution. They suf- fered exceedingly from the severity of the weath- er, it being about the middle of December, as well as from the want of provisions : and it was re- ported, that at that period, several even of the most active among them, lamented the part they had acted. But it was now too late to claim the pardon, which the General Court had offered two months before, as the insurgents had continued in arms against the government, instead of submitting to its authority and taking the oath of allegiance to the state, the conditions, on which forgive- ness had been promised to them. There was, in- deed, reason to believe, that Shays made informal intimations to the executive, that he would aban- don his plans and his companions, on the assurance of pardon. All that the governor and council could promise was an act of clemency, on his sur- rendering himself, should he be convicted by the Supreme Court. But there is no evidence, that the promise, if made, was ever communicated to him. Little reliance could be placed in an engage- ment of the insurgent chief, thus informally made. Many of the party had discovered no intention to adhere to their promises, further than their im- mediate interest was concerned. It would have been easy for Shay's, afterwards, to declare that he had authorised no such engagement ; nor would it have been proper in the executive, except in a case of most direct and explicit offer on the part of the insurgents, to give assurances of an act of oblivion for such dangerous conduct. The execu- VOL. II. 36
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