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 21
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The insurgents were no longer really formida- ble to the Commonwealth ; the leaders having de- parted from the state, and the great body of those who had been induced to join in opposition to go- vernment, being disposed to submit quietly to the civil authority. Those who had left the state, however, were very inveterate in their feelings to- wards the friends of law and order; especially in the western counties ; and they made attempts,
* Hon. S. Adams, however, was chosen president of the se- nate ; and he had been very decided in favour of the measures adopted by governor Bowdoin.
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hopeless as was the prospect of success, to strength- en their party, that they might be able, at least, to alarm and annoy such as had been most active in opposing them. They were not able to effect their purposes to a great extent; and it was sur- prising that they were ever permitted to remain in a neighbouring state, when their criminal plans and projects were known. But they found means to sieze two citizens belonging to towns in the northern parts of Hampshire county, and convey them into the state of Vermont. They intended to detain them as hostages ; and had the presump- tion to threaten them with death, if any of those should be executed who had been convicted of re- bellion. This was a great outrage upon any civil- ized government ; and the authority of that state did not long connive at it; and the prisoners were permitted to return home.
The intelligence of this affair was received in the capital the last of May ; and induced governor Hancock to recommend the employment of the troops then in the service of government, in the counties of Berkshire and Hampshire, after their former engagement should expire, which would be in June. He expressed a decided opinion, that the measure was necessary for the security and peace of the citizens in that section of the Common- wealth. The General Court thereupon voted to raise 800 men, to remain in service for six months, if such a period should be found necessary. An attempt was made by those who viewed the con- duct of the insurgents with little abhorrence, to connect with this resolve a general pardon and a repeal of the disqualifying act formerly passed, but without success. After much discussion, however, VOL. II. 40
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it was agreed to extend the clemency of govern- ment to all those who had been engaged in the in- surrection, with the exception of nine, upon condi- tion of their taking the oath of allegiance within three months. The legislature resolved, likewise; that no further lenity should be extended towards such as might, thereafter, be found in arms against the government of the Commonwealth. The go- vernor was, moreover, requested to obtain per- mission from the civil authority of any adjoining state, to which the insurgents had escaped, to march the militia within their limits, to arrest or subdue them. And he was accordingly authorised to raise a force to be thus employed.
A proposition was made, during this session, for inquiring into the expediency of reducing the sala- ries of some of the officers of government; and it was urged, that, in a season of great embarrass- ment, while taxes pressed heavily upon the peo- ple, such a measure would be just and proper. The compensation of the chief magistrate was par- ticularly mentioned ; and while the subject was be- fore the house, in this incipient stage, the gover- nor proposed to give up one third of his salary for the current year; but expressly stated, that he hoped it would not be urged as a precedent on any future occasion, and intimated that it was not a greater sum than was necessary to the dignity and expenses of the office. But though this part of the salary of the chief magistrate was relin- quished for the year only, it was found difficult af- terwards to obtain the consent of the General Court to raise it to the former amount. Mr. Han- cock, while in the chair, and in the course of the year following, intimated an expectation of receiv-
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ing the sum originally established ; but the legis- lature made no provision for it, and passed a spe- cial law to repeal the original act on the subject.
It was proposed also by some members of the house, that there should be an emission of paper money, and that the General Court should sit in some town in the interior of the country. But neither of these motions obtained; and for the for- mer measure there was only one third of the mem- bers present. The tender act was continued, which afforded relief, especially to the people in the interior of the state, who found it difficult to pay their debts in specie. The creditor often suf- fered by the operation of this law, as he was obli- ged to receive articles, which he did not need, and of which he could not dispose, without a loss. But the scarcity of specie and the embarrassments of the people were believed to justify the act.
In June, the persons under sentence of death for treason were again reprieved to the month of Au- gust : and again to September, when four of them received a full pardon ; one was ordered to be confined to hard labour as a commutation of his former sentence, and the others escaped from pri- son and left the state. Two of the most active and criminal of the insurgents, who fled for safety to an adjoining state, and even to Canada, when their adherents were dispersed by general Lincoln, afterwards became sensible of their crimes, and earnestly prayed for liberty to return; but the re- quest was not granted. In August, a part of the troops raised in June were discharged ; and, in September, the tranquil situation of the Common- wealth justified the disbanding of the residue.
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The friends of good government and of consti- tutional liberty rejoiced, that a dangerous insurrec- tion, which at one period threatened the welfare of the whole Commonwealth, was so soon sup- pressed, and that so little expense and bloodshed had attended the decisive measures of the execu- tive. Although there was cause for alarm, at a particular time, when the insurgents found many apologists for their opposition to the authority of the state, the citizens generally derived great sa- tisfaction in reflecting upon the firmness and wis- dom of the legislature, and the success which at- tended the plans of the governor. It was also a flattering eulogy upon the measures of administra- tion, that the great body of the people approved of the course pursued for suppressing the rebel- lion, when they had time for correct information ; and that most of the insurgents themselves regret- ted the part they had taken in the affair, and beg- ged to share in the favour of government. The event was deeply and justly regretted, as a stain upon the character of the people of the state ; but it afforded an opportunity to show the strength of a republican government ; and the union of firm- ness with clemency in the rulers, served to attach the citizens more strongly to the constitution, and to convince them of the necessity of a supreme civil authority in the Commonwealth.
The efforts which had been made by many of the citizens for promoting a spirit of industry and economy, were not without effect; and the opinion prevailed of the importance of encouraging various manufactures in the country. But a great change, so as to check a taste for foreign superfluities, and to make frugality both fashionable and practicable,
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could be only gradually introduced. Commercial enterprises, however, increased, although attended with great embarrassments, which gave employ- ment to many of the people; and products of the Commonwealth were exported in greater quanti- ties, instead of specie. The legislature was de- sirous of adopting some effectual means for restor- ing and supporting public credit ; but so great were the demands against the Commonwealth, and such the inability of the people to pay the taxes as- sessed, with punctuality, that the paper of govern- ment was much below the par value,* and those who were obliged to dispose of it made great sa- crifices of property. It was not until the adoption of the federal constitution, and the decisive mea- sures pursued by the general government for the payment of continental debts, that the public pa- per rose to the value which it nominally bore. A great part of the taxes assessed at this period, and for several preceding years, by the respective states, was for discharging debts contracted by promises and resolves of Congress, but which were apportioned among the states according to their different population and property.
The General Court met again in October, as had been usual for many years; and continued in session until the last of November. The governor informed the two houses, that an additional tax would be necessary, and advised that those which had been long due should be speedily collected. Several taxes were then, in great part, unpaid, and
* The consolidated notes, as they were called, and the ar- my notes were sold, at this time, for about one sixth part in specie.
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the government was frequently obliged to borrow, for the purpose of discharging those debts which could not be postponed ;* and the taxes assessed, as well as the revenue arising from impost and excise, pledged for payment. The legislature directed, that executions be issued against those collectors who were delinquents for the years 1784 and 1785, and that a further time be given for collecting the
two last taxes. It may appear singular, that a new tax should be ordered, when former ones were still due, and even further delay permitted for collection; but in some towns the taxes were more promptly paid; and some relief was also given to public creditors, by this measure, as the treasurer was allowed to issue orders upon the collectors in various parts of the state, by which both they and the public creditors received a pre- sent accommodation. Some idea of the heavy load of taxes, which pressed upon the people at this period, may be formed, not only from the fact, that several had been sent out through the state, and remained uncollected from a real inability, in many cases, to discharge them ; but by consider- ing that the sum of 300,000 dollars was necessary to pay the interest merely of the debt of the Commonwealth. Army notes to a large amount were also now due; and some had been due for one and two years, without renewal. The whole dependence, however, was not on the direct tax, but a considerable revenue was also raised by the excise and by imposts.
* So urgent were the demands on the treasurer, that 20,000 dollars were applied to the immediate wants of government arising from the impost, though it had been expressly engag- " ed to pay off army notes and interest on the public debt.
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That no financial system more efficient was adopted this year, was probably to be attributed to the hope of a new organization of the general government, which would be vested with power to regulate foreign commerce ; by which the trade of the country would be placed in a more pros- perous state, and the revenue arising from it, being much increased, would be at the disposal of that government for the payment of the continental debts.
At this session of the legislature, the governor communicated the federal constitution proposed by the convention, then recently held at Philadelphia, by delegates from each of the states. This con- stitution, designed to give more power to the legis- lature and government of the United States, than was granted by the articles of confederation, and which it was believed the prosperity and welfare of the country required, was prepared and laid before Congress, in September, (1787) with a request that it be forwarded to the legislatures of the se- veral states.
The governor spoke of it as the result of great deliberation, and of a spirit of conciliation in some of the wisest and most patriotic citizens of the nation ;* and suggested the necessity of calling a convention to whom it must be submitted. There was some opposition even to the examination of the instrument, with a view to its adoption. But the objection to a convention was overruled by a large majority in the General Court ; and it was
General Washington, Dr. Franklin, Madison, and Hamil- ton were among the number. The delegates from Massachu- setts were judge Dana, Mr. Gerry, Mr. Gorham, Mr. Story and Mr. King.
Strong
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provided that the towns should be notified to elect delegates, in the same manner representatives were chosen, who should meet in January following, and determine on the expediency of adopting it.
The convention met in Boston, January 1788, and consisted of 360 members; most of the towns having sent the full number, to which they were entitled by their population. His excellency go- vernor Hancock was chosen president, and the honourable . William Cushing, chief justice of the
state, vice-president. A great portion of the con- vention had strong prejudices against the constitu-
tion. If a vote had been taken, soon after they assembled, it would probably have been against it. After a discussion of several weeks, and some con- verts were made by the able arguments and elo- quent appeals of its more decided advocates, there was only a majority of nineteen, in that large as- sembly, for its adoption.
It was acknowledged by those who were most desirous of adopting it, that some parts of it were liable to objections. But the opposition of many, who were prepared to reject it, was evidently founded in prejudice or mistake. When the con- stitution was first published, it was represented as giving too much power to the general or national government, which would be established; and as lessening or interfering with the authority of the individual states, to such an extent as to leave them with scarcely the name of sovereignty. It was conceded, that a federal government was requisite for some general objects, and for regulating com- merce and the intercourse with foreign nations. But it was feared, that the authority vested in a general legislature, as proposed in the constitution
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would produce a concentration of all political pow- er in that body, and reduce the states to merely municipal corporations. The small number of re- presentatives* in Congress and the privilege of the slave-holding states, to choose a greater number, than they would be entitled to, if only the free in- habitants were considered ; were also believed to be great defects in the constitution. It was fur- ther objected, that the elections were not annual. This was a popular objection, as the elections in Massachusetts had always been for a year only. At the same time, it was admitted that the coun- try was suffering by the imbecility of the confede- ration, and that greater power must be vested in the general government, in order to promote the welfare and prosperity of the nation. Some also objected, that the general convention had exceed- ed the powers given them, which were confined to an alteration of the articles of confederation : and yet they admitted, that without a total change of that system, so as that Congress should have full authority to require obedience to its laws, it would not afford a remedy for the evils to which the country was then subjected.t But in addition to some real defects in the constitution, or to objec- tions existing in the minds of some honest men, who yet did not weigh as they ought the evils which would follow from a rejection of it, the prejudices of the less enlightened part of the people, in which
* The number of 40,000 inhabitants to a representative was reported, and once voted in the general convention, which prepared the constitution ; but Washington proposed 30,000, and it was adopted.
1 See Mr. Gerry's letter in the Appendix, No. 4. VOL. II. 41
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may be included several of the delegates to the state convention, were excited by the sophistry or misrepresentations of a few men, who wrote against the instrument, and represented it as an abridg- ment of the liberties of the people, and little bet- ter than monarchy in disguise.
The friends of the proposed constitution believ- ed it to be wisely framed, consistent with the lib- erties of the people, and calculated to secure the welfare and happiness of the country. They con- sidered it the best system which could be formed by the citizens of such an extensive territory, so as to meet the approbation of all; and the only one in all probability, which would be accepted. They were confident the freedom and interests of the people would not suffer by elections for the period provided; but, on the contrary, that the nature of the government and the extent of the country re- quired such elections. They contended that the power given to Congress was no more extensive than was necessary to accomplish the great nation- al purposes, which all were desirous the general legislature should be authorised to accomplish, for the honour and welfare of the United States ; and they argued, that there would not be the interfe- rence between the national and state governments, as many apprehended. They insisted, that the confederation was totally incompetent to all na- tional purposes ; and that general bankruptcy and anarchy must ensue on the rejection of the new constitution. They were satisfied, no other system could be formed, with so few defects ; and they feared no further attempt would be made for a na- tional or united government; the consequence of which would be frequent and violent collisions be-
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tween the several states. The constitution ex- pressly recognized the people as the fountain of power, whose liberty and prosperity it was intend- ed to secure and promote ; the election of their le- gislators and rulers was still with them; and what- ever was not delegated to the general government was reserved to the people and to the states re- spectively:
Those who were originally opposed to the con- stitution, were not easily prevailed to accept it, nor would they acknowledge their objections were removed. It is probable they feared, that great abuses of power, or great abridgment of their li- berty would be the consequence of a national go- vernment with such extensive authority; and that they did not realize the evils which would result from its rejection. Many were disappointed, how- ever, when the opponents of the constitution final- ly voted against it, after the conciliatory proposi- tion of amendments connected with it, which went to remove the objections they made to the instru- ment. But, happy for Massachusetts, and for the United States, a majority of votes was obtain- ed for it; which probably decided the opinion of some other states in its favour, which had not then acted upon the subject, and in which a great portion of the people were ready to object. Ma- ny of those who gave their vote against the con- stitution might have been as honest as those who advocated it; but it is impossible to admit, that they had as great wisdom and foresight. There were only nineteen votes more for than against the constitution. The result was 187 for, and 168 against it. Those who opposed it in the convention, with much candour and patriotism, declared their
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determination to support it, as it had been approved and adopted by the majority. Those who were de- cided and active in its favour, and by whose influ- ence it was accepted, ranked among the most dis- tinguished patriots of the state .* They were per- suaded of the necessity of a general government, with much more extensive power than Congress then possessed; and knowing the distresses and complaints of the people, and the difficulty of forming a federal system which would be univer- sally approved, they concluded, that if the one then presented were rejected, there would be no hope of a substitute; and that anarchy must en- sue. Perhaps, at no time after the struggle for independence, had the country been in so great danger; and to no men was it more indebted for preservation from ruin, and for security of the blessings of good government, than to those who procured the acceptance of the federal constitu- tion in Massachusetts.
No objection to the constitution was more pow- erful than that arising from a tendency to a con- solidation of the states. " This," said Mr. Ames, " was an effect, which all good men would depre- cate. The state governments," he said, " were essential parts of the system. The senators re- presented the sovereignty of the states; in the other house, the whole people were represented.
* These were Bowdoin, Dana, Strong, Cabot, Parsons, Gor- ham, Ames, Dawes, Brooks, Sedgwick, Gore, King, J. C. Jones, Jarvis, &c. Great support was also given to the constitution by governor Hancock, and Hon. S. Adams, though they did not entirely approve of every article. The former proposed amendments, and the other supported them; without which the constitution would probably have been rejected.
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If the senators were chosen by the people, as the representatives were, a consolidation of the state governments would ensue ; which, it is conceded, would subvert the new constitution. Too much provision cannot be made against consolidation. The state governments are the safeguards and or- nament of the federal constitution-they will pro- tract the period of our liberties ; they will afford a shelter against the abuse of power, and will be the natural avengers of our violated rights." Al- though extensive power was vested in the general government, of which the constitution was to be the foundation, and although it was purposely de- signed to give authority to a federal legislature, for the welfare of the United States, that the new constitution had been formed, still it was believed by all, that no power was to be claimed by the national government except such as was expressly given; and that all besides was reserved to the in- dividual states and to the people. Had it been supposed, that authority would be exercised, foun- ded only upon construction or inference, it is pro- bable the constitution would not have been adopt- ed by a majority of the states.
Several of the amendments to the constitution, proposed by the convention in Massachusetts, were afterwards approved by three-fourths of the states, and accordingly became a part of the federal com- pact. One of these was, " that the powers not delegated to the United States, nor prohibited by it to the states, are reserved to the states respec- tively, or to the people." Another, that a state should not be liable to a suit from a citizen of ano- ther state, or from a foreign citizen.
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Virginia and New York proposed, that another general convention should be called to act upon the amendments proposed by the several states ; and the governors of those states were requested to communicate the same to Massachusetts, for its concurrence in such a measure. When governor Hancock laid those propositions before the legis- lature, he expressed an opinion of the inexpedien- cy of the plan ; and stated, that the proper course to pursue would be to urge it upon Congress to submit the proposed amendments to the legislatures of the several states for their approbation. The majority of the General Court approved of the governor's views on the subject. In his message he spoke of the federal constitution as necessary to render the United States really independent, and to promote the prosperity of the country.
The acceptance of the federal constitution, by the convention in Massachusetts afforded much sa- tisfaction to its advocates in other states ; and par- ticularly in those, which had not then come to a decision on the subject .* The citizens of Boston expressed great joy on the occasion, which was ma- nifested by a numerous procession, composed of all classes and trades, with their respective and appro- priate badges, more extensive and imposing than had ever been witnessed in that ancient town. The mechanics had suffered for want of employ- ment, on account of the embarrassments on com- merce, and the great importation of articles of foreign manufacture. They believed that domes- tic manufactures would be encouraged, and that
* General Washington expressed great satisfaction, when he learned that Massachusetts had adopted it.
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navigation would increase and furnish profitable oc- cupation to a large portion of the people. They were not disappointed in these expectations. It was among the first acts of Congress, after the fe- deral constitution was adopted, to regulate the com- mercial intercourse of all the states with foreign places, and to secure greater privileges to the coun- try than it had before enjoyed. An uniform sys- tem of revenue was formed, by laying duties on all importations into the United States. The debts of the several states, incurred for the defence of the whole during the war, were assumed by Con- gress ; in consequence of which those states which had expended more than their proportion would be benefited ; one of which was Massachusetts, as had been before believed to be the fact. The continental debt was also funded, and the faith of Congress pledged for payment, of which the pros- pect of an increasing revenue authorized the ful- filment. The public paper, thereupon, gradually arose in value; and the creditors of the nation were eventually fully satisfied. This prosperous condition of the country gave a new impulse to business, and all classes of people found sufficient employment. The credit of the state revived, also, as a great part of its debt was to be provided for by Congress ; and the legislature discovered a disposition to pay the creditors of the Common- wealth such part of their demands as was practica- ble, and to adopt a system by which funds would be secured to discharge the residue with the in- terest at stated periods. The state debt, however, was large ; and for some time, the taxes, including those of former years which had long been accu- mulating, bore heavily on the citizens and called
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