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 20
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Attempts were made for holding conventions, in several counties, at this time, by a class of men, who affected to censure the conduct of the insur- gents for overt acts of opposition to the govern- ment ; but who pretended that the discontents of the people were so great, that such meetings were necessary to consult on measures for the public quiet. But many of those who favoured this plan, were known to have apologized for, if they had
* Tupper and Baldwin were in this party of volunteers.
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not fully approved, the proceedings of the insur- gents. It was also considered, by the majority, as a very irregular mode of obtaining relief, for any real or supposed grievances; and that the le- gislature, composed of the representatives of the people, was the only constitutional body authoris- ed for the purpose, was then to meet in a few days. The intelligent and patriotic citizens, there- fore, in all parts of the state, were found in oppo- sition to these county meetings.
On the second day after general Lincoln arriv- ed at Hadley, he addressed a letter to Shays, then at Pelham, about twenty miles distance, but in the same county ; in which he referred explicitly to the criminal purposes and conduct of the insur- gents, in assembling under arms against the go- vernment of the state; to their embarrassed situa- tion; and to the personal consequences of their con- tinuing in a posture of rebellion. As the lawful agent of the executive, he required Shays to com- municate the letter to the deluded citizens who were assembled with him at Pelham, that they might avail of the lenity of government, and pre- vent a severe, but just punishment. But he gave no intimation of pardon to the leaders of the mob, or to those who had distinguished themselves by their open hostility to the officers of government, other than might be justly hoped, from the wis- dom and lenity of the legislature. He added, that if they did not peaceably separate, he should immediately march his troops to Pelham; and if attacked or resisted, the leaders of the insurgents would be answerable for all the consequences which might ensue. Resolute as he was in the discharge of his duty as a public officer, he was,
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at the same time, desirous of sparing the lives of his fellow citizens.
In their reply to the note of general Lincoln, Shays and others, who were considered officers of the insurgent band, proposed several conditions, which it was impossible for him to approve or ac- cept. They insisted upon an assurance of a gene- ral and unconditional pardon ; intimating, that they had sought only for a redress of real grievances, which they suffered. If this could not be promis- ed, they asked for a suspension of all hostilities, until they could present a petition to the General Court, and learn the result. To this evasive and unsatisfactory answer, general Lincoln immediate- ly replied, that their request was inadmissible, as his instructions would not justify any delay in his operations, and that he had no authority to de- cide ultimately upon their fate; that he had not commenced hostilities ; that he must again warn the people assembled in arms against government to disband, as they would avoid the evils which might follow from a disregard of this warning.
The time had now arrived for the meeting of the General Court, which had been prorogued from the former session, to the last of January. The governor immediately gave them full information of the proceedings of the malcontents, subsequent- ly to the previous session ; of the measures which he had adopted to suppress the disorders in the state ; and of the success, which had hitherto at- tended the troops under general Lincoln, ordered out for the service of the Commonwealth. This conduct of the executive was highly approved by the legislature ;* and they publicly and deliberate-
As the course pursued by Mr. Bowdoin was considered
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ly declared the existence of a dangerous rebellion in the Commonwealth. The views of the Gene- ral Court cannot be so well exhibited, as by refer- ing to their declaration in extenso. It was adopted by the two Houses on the fourth of February, a few days after they assembled .*
They also promptly authorized the governor, by a special resolve, to re-inforce the militia, who were in the service of government under general Lincoln, if it should be deemed necessary ; to cause the most active among the insurgents to be arrest- ed; but to pardon such as had probably been deceived, upon surrendering up their arms and taking the oath of allegiance to the Common- wealth. The term, for which the militia who were first enlisted, had then nearly expired ; and it was reported, at the time, that the insurgents were increasing, in some of the western counties.
The insurgents forwarded a petition to the General Court, as they had before done to the exe- cutive, from the town of Pelham, where they were principally collected, except a small party in Berkshire; in which they acknowledged their error, in opposing the government by force ; though they insisted that they had reason to complain of griev- ances which ought to have been redressed-and promising to lay down their arms and to disperse, upon an assurance of pardon for all their past con- duct. The legislature voted that they could not lis-
by some, probably from good motives, as unnecessarily severe, we will give, in the appendix, his speech to the General Court, at this time, and the answer of the two houses there- to. In the senate, it passed unanimously ; and the house con- curred in it by a very large majority. See Appendix No. 2.
* See Appendix No. 3.
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ten to a petition from men in arms opposed to go- vernment; and that no promise of pardon would be made to the leaders who were justly chargeable with the aggravated crime of rebellion, after re- peated warnings and former assurances of clemen- cy. The measures of the General Court on this oc- casion, were very firm and decisive : and contributed, with the previous course of the executive, to dis- courage the spirit of insurrection, and to give con- fidence to the friends of constitutional liberty and order.
Two days after the petition was sent on to the General Court, the insurgents marched from Pel- ham to Petersham, a distance of about twelve miles; probably with a view to a better accom- modation. General Lincoln who was still at Had- ley, had early notice of this movement ; and think- ing, that Shays might proceed eastward and gain new adherents or annoy the inhabitants, he im- mediately resolved to pursue him. He left Had- ley late in the evening and reached Petersham the next morning, after a circuitous march of thirty miles, during a very cold night, in a great part of which a snow storm raged with uncommon severity. The men suffered much by this movement, and several of them were badly frozen. But the ob- ject was in a great measure accomplished by this spirited and rapid expedition ; and general Lin- coln acknowledged the singular patience and forti- tude of his troops, in this season of exposure. The insurgents had no intelligence of the approach of general Lincoln ; and were thrown into extreme surprise and alarm, as he entered the town. They fled in various directions and in great confusion, without making any opposition. One hundred and
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fifty of them were taken in attempting to flee ; but the leaders and the residue of them escaped the vigilance of the constitutional troops. A large number returned, separately, to their homes; and some left the state, as the only probable means of safety. It was supposed that they might have given a formidable resistance to general Lincoln, if they had opposed him with all their force ; for his men were exceedingly exhausted by their long march at that inclement season. But he was not justly chargeable with any indiscretion, by which the men under his command would be exposed to great danger. He well knew the want of decis- ion and of mutual confidence among the insurgents; and he made the most judicious arrangement of his troops when he entered Petersham, so that had he been attacked, he felt himself fully prepared to meet them.
The intelligence of this affair spread with rapi- dity through the state, and gave great animation to all good citizens, especially to the riends of the executive who was responsible for the course adopted to suppress the insurrection. But there* were not wanting those who secretly wished for a failure of the measures pursued in support of go- vernment. Mr. Bowdoin had political opponents ; and many of the timid and wavering citizens had been averse from the decisive steps, which he con- sidered it his duty to take. The result was such as could not fail to satisfy all impartial men of his judgment and patriotism. And yet a portion of the people complained that the insurgents were not treated with sufficient lenity.
The conduct of general Lincoln received the particular approbation of the legislature ; and the
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great body of the people were ready to acknowl- edge both his prudence and firmness. The new recruit of men, which had been ordered, by go- vernment, before the dispersion of the insurgents at Petersham were not sent on; but the legisla- ture authorised the raising of 1500 for four months to supply the place of those who first engaged, if their services should be so long needed. Se . eral small parties of the malcontents were still collect- ed in different parts of the state, and threatened further opposition to the civil authority : and many were known to be restrained only by their fears; ready to rise again, should they have rea- son to hope for success. In the county of Berk- shire, there was still just cause of alarm to the peaceable inhabitants. The insurgents were nu- merous in that part of the state; and they ex- pected support from the discontented in New York and Vermont. About 500 of the citizens formed a voluntary association for their mutual protection and the support of government. A small party of these were met by a body of the insurgents, who fired a few guns as they first ap- proached; but from a want of confidence in the justice of their object, or a regard for the lives of their fellow citizens, they were reluctant in obey- ing the orders of their leader to continue their fire ; when one of the party who had assembled for the defence of the state, with great resolution rode up to their front, and ordered them to throw down their arms. Some of them fled; but the greater number gave up their arms and were ad- mitted to the oath of allegiance.
Another party of malcontents soon after collect- ed in a different section of the county, and threat-
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ened vengeance on the supporters of government. Major general Patterson who commanded the mi- litia in Berkshire, went in pursuit of them but they fled. He followed them from Adams to Williams- town where they were dispersed. But assembling again in still greater force, he sent an express to ยท general Lincoln at Petersham, for assistance. Be- fore the arrival of Lincoln, Patterson met the in- surgents at Lee : upon their proposal to disperse, he promised his influence with government to ob- tain their pardon, or a trial within the county. Soon after this, another party of insurgents enter- ed the county of Berkshire from New York, but chiefly inhabitants of Massachusetts. They pro- ceeded to Stockbridge, where they threatened and put under guard several respectable citizens. Col- onel Ashley collected some militia from Great Bar- rington and Sheffield, for the purpose of opposing them. As he approached them near the latter place, they fired a few guns ; but he advanced, and the firing became general on both sides for a few minutes. But the insurgents soon dispersed leaving two of their number dead on the spot where the action took place; and about thirty of their party wounded. Two of the militia under colonel. Ashley were also killed.
About the same time, a number of the insur- gents collected at New Braintree in Worcester county, and another party at Northfield in the northern part of Hampshire, which put the inha- bitants in fear, by their threatening and abusive conduct. The militia were ordered out to disperse them ; but the insurgents fled immediately ; not, however, without firing from their hiding places ' upon the people, who were sent against them, and
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wounding several of them. Near Northfield, a citizen,* who was in pursuit of one of the leaders of the insurgents, and who met him in a narrow pass, was shot dead. He discharged his piece, at the same moment his antagonist did, but without effect. The criminal escaped to Vermont; but was pursued and taken by a small detachment of militia under captain Buffington, who rendered im- portant service to the state, on several occasions during the insurrection.
The insurgents having fled into the adjoining states, where they could not legally be apprehen- ded by the authority of Massachusetts, the go- vernor, by request of the General Court, made ap- plication to the executives of those states respect- ively, for causing them to be arrested. The chief magistrates of Connecticut and New Hampshire promptly adopted measures for taking up and de- livering to the authority of Massachusetts, any per- sons who had been active in the rebellion, found within their several jurisdictions. In Rhode Island and Vermont, the aid requested was not im- mediately afforded; but after some delay, and some objections from a portion of the legislatures of these states, they also informed the governor, that they would not protect or harbour any of the citizens of Massachusetts, who had been in arms against the government thereof. The governor of New York, after the legislature gave their sanction to the measure, issued orders to the militia to sup- press all riots, and to arrest any of the insurgents of Massachusetts, who might be found within the
* This was a Mr. Jacob Walker of Whately, a worthy and useful citizen.
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state. He also proceeded to the eastern boundary of the state, to meet general Lincoln, then in Berkshire; and readily offered all proper assis- tance for the dispersion or capture of the insur- gents.
Before the General Court was adjourned, they passed a resolution for holding special sessions of the Supreme Judicial Court in the counties of Berkshire, Hampshire, and Middlesex, for the trial of the persons who had been taken into custody, on account of the late opposition to the government. The regular term in Worcester would then be at an early day ; and therefore no additional provi- sion was made with respect to that county. But it was also particularly provided, that no person who had been engaged in, or had favoured the late rebellion, should be admitted to sit as jurors. The governor was likewise requested by the Ge- neral Court, to apply to Congress for troops to guard the public arsenal at Springfield, and for authorizing general Lincoln to proceed into the other states, should circumstances render it expe- dient, to apprehend those persons charged with rebellion in Massachusetts.
With a view to extend all reasonable lenity to that portion of the people, who through ignorance or inconsideration had been induced to rise in op- position to the lawful authority of the state, and towards whom it would be difficult for courts of law to show that indulgence, which a thorough ac- quaintance with the circumstances of the case would justify, the legislature appointed three commissioners to go into the western counties, and promise indemnity to such as they might consider sincere in their professions of attachment to go-
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vernment, and who had not been among the lea- ders of the rebellion. General Lincoln, and the Hon. Samuel A. Otis, and the Hon. Samuel Phil- lips, jr. were selected for this delicate and respon- sible business. They entered upon the duties of their commission in the month of April ; and about 800 persons received the favour of government, which was thus offered them.
Desirous, also, to afford every possible relief to the people, consistently with a just regard for the public welfare, and the support of government, it was agreed to lessen the number of terms of the Court of Common Pleas in several counties, and to reduce the amount of fees in various cases of public officers. A bill also passed the two houses for reducing the salary of the governor one third part. When it was laid before the governor for his signature, he objected to it as unconstitu- tional. . He considered it improper also, so near the close of the political year, and uncertain as it was who would next be chosen to the office he held, to give his consent to such a reduction. The salary, which the governor then received, was es- tablished soon after the constitution was adopted, and by the express letter of this instrument it was provided " that it should be of a fixed and perma- nent value." Complaints were made against the governor for objecting to the bill ; but, perhaps, he would have been more justly censured had he approved of it.
At the term of the Supreme Court holden in Berkshire, several persons were indicted for trea- son, six of whom were convicted ; in Hampshire the same number were found guilty, and one in each of the counties of Middlesex and Worcester :
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and the sentence of death was accordingly passed upon them by the court. Eight of these received the pardon of the supreme executive, and to the others a reprieve was granted. Many others were convicted of seditious practices, a few of whom were magistrates or officers of government. A re- presentative was proved guilty of open opposition to the civil authority ; and was sentenced to sit on the gallows, and to pay a heavy fine.
The commissioners of the General Court, who went into the upper counties to tender the cle- mency of government to such as they should be- lieve would prove peaceable citizens in future, had an opportunity of learning the sentiments which prevailed respecting the measures of the legisla- ture, and of ascertaining the causes of complaint. They found that the lower classes of people had been misinformed as to the conduct and views of government; and that there was an unreasonable indulgence in the use of foreign articles, which led them to neglect manufactures, and to expend, in superfluities, what should have been appropriated to the payment of debts and taxes. Private debts had been suffered to accumulate, and the taxes, which each year were very great, had been neg- lected, till they amounted to such large sums as to destroy almost all hope of discharging them. The appointment of these commissioners had a happy effect, as it discovered a desire in the legislature to discriminate between the artful and unprinci- pled, who had been the occasion of the rebellion ; and those, who, although not entirely justifiable, had been lead to improper practices by misrepre- sentations or threats. It was proof, likewise, of a disposition in government, to extend all reasonable
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indulgence towards the deluded citizens. The General Court, which was in session in May, by a particular call from the government to fill the of- fice of treasurer,* resolved also that the taxes for the preceding year might be collected, in part, by public securities.
While the legislature were in session, in March, the subject of enlarging the powers of Congress was again agitated; and it was agreed to send de- legates, to meet in convention, at Philadelphia, in the month of May following. It had been some- time considered, by those who attended to the situ- ation of the country, and who perceived the want of uniformity in the several states, in a prompt compliance with the requisitions of Congress, and in their regulations respecting foreign commerce, that a national government was necessary for the purpose of making laws, which should be really ob- ligatory, instead of being simply advisory ; and for forming treaties with other nations, which would eventually advance the interests of navigation, and augment the public revenue. The governor and legislature of Massachusetts had suggested the expediency of vesting Congress with additional powers, for these purposes, more than a year be- fore. The committees, which met at Annapolis in Maryland, in 1786, had expressed an opinion in favour of the plan. The House of Assembly, of Virginia, afterwards, particularly approved of a convention of delegates from all the states, for the attainment of this object. And Congress had also voted to recommend the speedy adoption of such a measure.
* Mr. Ivers, the treasurer of the state, died suddenly, and there was no provision by law (as afterwards) for an appoint- ment by the executive.
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The credit of the nation was suffering at home and abroad. A great debt was due to France and Holland, which Congress had incurred for the be- nefit of all the states, in a season of uncommon embarrassment; and for the greater part of the sums due to the officers and soldiers of the revo- lutionary army, Congress was solemnly bound to provide. When requisitions were made upon the states for their respective quotas of these sums, they delayed payment; and at the close of the year 1786, most of them were in arrears for 1784 and 1785, besides the large sum then required. Se- veral of the states also, which passed acts for rais- ing a revenue by impost duties, which were de- signed to be wholly applied to pay their propor- tions of the continental debt, afterwards appro- priated it to the discharge of their own.
An entirely new constitution was not generally contemplated, at this period ; and it was afterwards objected to the system by some, thatit was such as the convention were not fully authorised to form. The delegates chosen to attend the convention, were only instructed, in most cases, to give power to Congress for enacting uniform laws, in relation to commerce and navigation ; and for applying, to the discharge of the continental debts and expen- ses, the revenue which would arise from the duties imposed by that body.
During this session, the General Court provided for collecting 160,000l. of the public paper, which had been given in payment to the officers of the late army, by a land lottery. This land was situ- ated in the eastern part of Maine; and every ticket entitled the purchaser to a prize ; the only difference being in the location and quality of the lot.
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CHAPTER XIV.
Mr. Hancock chosen governor . . . Great part of General Court new mem- bers ... Policy not materially changed ... Insurgents still dangerous in western counties ... Resident in Vermont ... Governor authorised to continue troops in the public service ... Salaries ... Insurgents pardon- ed ... State of the Commonwealth ... High taxes ... Federal Constitu- tion ... Approved in Massachusetts by a small majority ... Objections to it ... Arguments for it ... Amendments .. . Rejoicing on its adoption ... Subsequent prosperity .. . Amount of claims on the United States ... Mint .. . Manufactures .. . Slave trade prohibited.
THE elections which took place, in April and May, (1787) of governor, senators and representatives, afforded new proof of the difference of opinion among the citizens, respecting the propriety of measures pursued towards the insurgents. Mr. Hancock was chosen governor by a large majority of votes, and the greater number of senators and representatives were new members. In many towns, indeed, it was openly avowed by the peo- ple, that they should select their rulers from those who had been opposed to the decisive measures adopted for suppressing the rebellion. It was said by some, that the burdens of the people were so great, that, if they could not be justified, they might be excused : while others believed, that the firmness and energy manifested by the executive had saved the Commonwealth from anarchy and ruin. This was the opinion of the most judicious
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part of the citizens; and yet there was no doubt of the sincerity of some of those who entertained a different opinion. It could not be justly said, that Mr. Hancock had ever apologized for the conduct of the insurgents ; but it was a fact, that many of those who favoured his election believed he would be more indulgent to their errors than
his predecessor .* But there was a desire of change, in many of the people, who were led to hope, at least, for some legislative relief. A num- ber of the citizens had always been opposed to Mr. Bowdoin, on the supposition, though entirely unfounded, that he had an undue partiality for the British government and nation. That Mr. Bow- doin was a sincere patriot, no one presumed publicly to deny ; and that the measures he adopted were necessary to check the spirit of disorder, which prevailed, was admitted by all impartial citizens. Large majorities both of the senate and representa- tives approved of the course he pursued; and the administration which followed did not, even by im- plication, censure his policy.
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