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 25
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The General Court will give the most ready attention to your message of the third instant, and every other communi- cation you shall be pleased to lay before them. They will vigorously pursue every measure that may be calculated to support the constitution, and will still continue to redress any real grievances, if such shall be found to exist-humbly be- seeching Almighty God to preserve union and harmony among the several powers of government, as well as among the ho- nest and virtuous citizens of the Commonwealth, and to re- store to us the inestimable blessings of peace and liberty, under a wise and righteous administration of government.
In SENATE, 4th February, 1787.
Read, and unanimously accepted -- and ordered, That Samuel Adams, Caleb Strong, annd Seth Washburne, Esquires, with . such as the honourable house may join, be a committee to wait upon his excellency the governor with the foregoing address.
Sent down for concurrence.
SAMUEL PHILLIPS, jun. President. In the HOUSE of REPRESENTATIVES, Feb. 4th, 1787. Read and concurred, and Mr. Shepard, Mr. Brooks, Mr. Beck- ford, and Mr. Davis are joined.
ARTEMAS WARD, Speaker.
Commonwealth of Massachusetts.
WHEREAS many persons who now are, or have been, in arms against the government, may not have considered the evil na- ture and tendency of their crime ; and might not have been apprized that an opposition to the legal authority of the state, with force of arms, is treason and rebellion : And whereas Ge-
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neral Lincoln has given to a particular description of the in- surgents his assurances of recommending them to the cle- mency of the government on certain conditions therein men- tioned :
Resolved, That this court approve of general Lincoln's con- duct in his overtures of recommending certain descriptions of insurgents to the clemency of government, and that the go- vernor be, and he hereby is, authorised and empowered, in the name of the General Court, to promise a pardon, under such disqualifications as may hereafter be provided, to such private soldiers and others, who act in the capacity of non- commissioned officers, as have been, or now are, in arms against the Commonwealth, with such exceptions as he or the general officer commanding the troops may judge necessary ; provided, they shall deliver up their arms, and take and sub- scribe the oath of allegiance to this Commonwealth, within such time as shall or may be limited by his excellency for that purpose.
In SENATE, 4th February, 1787. Read, and unanimously accepted. Sent down for concurrence.
SAMUEL PHILLIPS, jun. President.
In the HOUSE of REPRESENTATIVES, Feb. 4, 1787. Read and concurred : ARTEMAS WARD, Speaker. Approved. JAMES BOWDOIN.
No. III .- Page 300.
DECLARATION OF REBELLION.
WHEREAS the doings of the General Court at their last session, relative to the insurgents against the government and the au- thority of the state, in several counties within this Common-
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wealth, were lenient and merciful, were intended to quiet the minds of the disaffected, and ought to have had the effect they were designed to produce :
And whereas every complaint of grievance was carefully attended to, with a disposition to grant all that relief which could be afforded consistent with equal justice and the dignity of government; and the General Court, so far as they were able, adopted measures accordingly, and gave full and clear information, to the insurgents as well as others, of the general situation of public affairs :
And whereas a full and free pardon, for all the outrageous proceedings against the government, whereof the insurgents had been guilty, was tendered them upon this mild condition alone, that they should be guilty of such outrages no more ; and as evidence of their intentions to demean themselves, in future, as good and faithful citizens, should, before the first day of January, A. D. 1787, take and subscribe the oath of allegiance; it manifestly appears, from the subsequent con- duct of the leaders of the insurgents, that their opposition to government has not arisen from a misapprehension as to the views and disposition of government, or from a temporary irritation, arising from the pressure of supposed grievances, or from a misguided zeal to promote the public happiness, as has been insidiously asserted ; but from a settled determina- tion to subvert the constitution, and put an end to the govern- ment of this Commonwealth : it is also abundantly manifest, that the conduct of the insurgents, in stopping the courts of justice in the counties of Worcester and Hampshire-in as- sembling in arms, avowedly to commit the same outrages in the county of Middlesex-in calling upon the towns in some counties to furnish themselves with arms and ammunition-in appointing committees to form their adherents into regular military companies, properly officered, thereby to establish within this Commonwealth a standing force, beyond the con- trol of, and for the express purpose of opposing, in arms, the constitutional government of the state-in endeavouring to
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increase the commotions in the counties aforesaid, by pub- licly inviting and alluring others to throw off their allegiance and join their body ; is subversive of all order and govern- ment, absolutely incompatible with the public safety and hap- piness ; and is an open, unnatural, unprovoked and wicked re- bellion, against the dignity, authority and government of this Commonwealth :- and the legislature, in duty to their consti- tuents, in conformity to their oaths, and by virtue of the au- thority vested in them by the constitution, (having ineffectu- ally tried every lenient measure to reclaim them) Do HEREBY SOLEMNLY DECLARE, That a horrid and unnatural REBELLION and WAR has been openly and traitorously raised and levied against this Commonwealth, and is still continued, and now exists within the same, with design to subvert and overthrow the constitution and form of government thereof, which has been most solemnly agreed to, and established by the citizens of this Commonwealth ; and that government ought and will, with the greatest energy and force, exert and bring forth all the power of the Commonwealth for the suppression thereof: and all the horrors and evils, that may follow in consequence of this rebellion, must be imputed to those men who have, contrary to the duty of their allegiance, and every principle of law and justice, been the fomenters, abettors and support- ers of the same.
In SENATE, 4th February, 1787. Read, and unanimously accepted.
Sent down for concurrence. SAMUEL PHILLIPS, jun. President.
In the HOUSE of REPRESENTATIVES, Feb. 4. 1787. Read and concurred : ARTEMAS WARD, Speaker.
No. IV. Page 321.
THE following letter was addressed by Hon. E. Gerry, who was one of the delegates from Massachusetts to the general
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convention, to the senate and house of representatives. A copy of the constitution had been previously forwarded by Congress to the governor, to be laid before the legislature of the state. Mr. Gerry was the only delegate from Massachu- setts, who declined signing the constitution; his reasons for which appear in the letter. It contains, in substance, the principal objections to the constitution. It is therefore proper to be preserved, in reference to the discussion on the subject stated in this volume.
NEW YORK, October 18, 1787.
Gentlemen-I have the honour to inclose, pursuant to my commission, the constitution proposed by the federal conven- tion.
To this system, I gave my dissent, and shall submit my ob- jections to the honorable legislature.
It was painful for me, on a subject of such national impor- tance, to differ from the respectable members who signed the constitution. But, conceiving as I did, that the liberties of America were not secured by the system, it was my duty to oppose it.
My principal objections to the plan are, that there is no adequate provision for a representation of the people ; that they have no security for the right of election ; that some of the powers of the legislature are ambiguous, and others indefinite and dangerous ; that the executive is blended with, and will have an undue influence over, the legislature; that the judi- cial department will be oppressive; that treaties of the high- est importance may be formed by the president, with the ad- vice of two thirds of a quorum of the senate; and that the system is without the security of a bill of rights. These are objections which are not local; but apply equally to all the states.
As the convention was called for " the sole and express purpose of revising the articles of confederation, and report-
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ing to Congress and to the several legislatures, such altera- tions and provisions as shall render the federal constitution adequate to the exigences of government, and the preserva- tion of the union," I did not conceive that these powers ex- tended to the formation of the plan proposed ; but the con- vention being of a different opinion, I acquiesced in it ; being fully convinced, that, to preserve the union, an efficient go- vernment was indispensably necessary ; and that it would be dif- ficult to make proper amendments to the articles of confederation.
The constitution proposed has few, if any federal features ; but is rather a system of national government : nevertheless, in many respects, I think it has great merit ; and by proper amendments, may be adapted to " the exigences of govern- ment," and the preservation of liberty.
The question on this plan involves "others of the highest importance-First, whether there shall be a dissolution of the federal government? Secondly, whether the several state governments shall be so altered, as, in effect, to be dissolved ? And thirdly, whether, in lieu of the federal and state govern- ments, the national constitution, now proposed, shall be sub- stituted without amendment ? Never, perhaps, were a people called on to decide a question of greater magnitude. Should the citizens of America adopt the plan as it now stands, their liberties may be lost. Or should they reject it altogether, anarchy may ensue. It is evident, therefore, that they should not be precipitate in their decisions ; that the subject should be well understood, lest they should refuse to support the go- vernment, after having hastily adopted it.
If those who are in favour of the constitution, as well as those who are against it, should preserve moderation, their discussions may afford much information, and finally direct to a happy issue.
It may be urged by some, that an implicit confidence should be placed in the convention. But, however respectable the members may be who signed the constitution, it must be ad- mitted that a free people are the proper guardians of their
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rights and liberties ; that the greatest men may err ; and that their errors are sometimes of the greatest magnitude.
Others may suppose, that the constitution may be safely adopted, because therein provision is made to amend it. But cannot this object be better obtained before a ratification, than after it ? And should a free people adopt a form of govern- ment, under conviction that it wants amendment ?
And some may conceive, that, if the plan is not accepted by the people, they will not unite in another. But surely, while they have the power to amend, they are not under the ne- cessity of rejecting it.
I shall only add, that, as the welfare of the union requires a better constitution than the confederation, I shall think it my duty, as a citizen of Massachusetts, to support that which shall be finally adopted; sincerely hoping it will secure the liberty and happiness of America.
To Hon. S. Adams,
(Signed) E. GERRY.
President of the Senate, and
Hon. James Warren,
Speaker of the House of Representatives.
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