USA > Massachusetts > History of Massachusetts from the year 1790, to 1820. v. 3 > Part 11
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" With great regret, some, indeed, are compelled to believe that public affairs are awfully misman- aged ; and may hasten such an event. In order to prevent it, therefore, they do sometime express their fears of such a calamity. But they are de- sirous the people of the commercial States should exercise patience, and forbearance, submit to all reasonable privations, and attempt all practicable experiments to obtain relief from the oppressions of the present system.
"We ask that commerce, for the prosperity and protection of which, the federal government was chiefly instituted, may not be systematically crip- pled in peace, nor systematically burdened in war. Such a system is unequal, and cannot be endur- ed. The union is dear to the people of Massa- chusetts. Commerce is also dear to us. What
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symptoms of disaffection, we may ask. in this de- claration ? When the people fully perceive the destructive tendency of the anti-commercial sys- tem, they may prefer to follow the example of their virtuous ancestors, and quit a country the govern- ment of which will not protect their rights, rather than to suffer oppression and ruin." This was, probably, the most explicit language on the sub- ject of the separation of the Union at that period. And it was far exceeded, in explicitness, and in menace, by the people of Kentucky and Virginia in 1800, on the passage of the alien and sedition laws; and by the citizens of the latter State, in 1795, when the treaty with Great Britain was rati- fied by Washington with the consent of the Sen- ate of the United States .*
* It may not be improper, here to refer to a meeting of the citizens of New-York, soon after the declaration of war, which was in June 1812-This was a very numerous assembly, and the most respectable characters were present. The chairman of the meeting was a revolutionary officer, of high rank and great worth ; and the resolutions adopted by the meeting had been approved by Mr. Jay, Mr. King, Judge Benson, G. Mor- ris, R. Varick and M. Clarkson. Among these resolutions were the following-" That war, one of the greatest calamities which afflict mankind, when waged without just cause, is an insult to the Divine Being-That the war, recently declared, by a slender majority of Congress, is unwise-That it would have been difficult to select a period more unfavourable for a measure so portentous-The United States being unprepared ; the treasury empty ; the property of our citizens in the hands of those now made our enemies ; property afloat on every sea ; the revenue impaired by imprudent commercial restrictions, and now by the war destroyed ;- and that we are irresistably drawn to the conclusion, that the American people will be sub- jected to the will and power of the French Emperor. We are therefore, under the dire necessity of declaring, that we have no confidence in the men who have brought us to this perilous situa- tion."
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. CHAPTER IX.
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Hope of peace disappointed ..... Session of the General Court, January and February 1813 ..... Measures of defence adopted ..... Money appropriated for means of defence ..... Commissioners appointed for defence of Sea- Coast ..... Application to Congress for aid, and for fire arms ..... Congress requested to increase the Navy ..... Seats of some Senators vacated ..... Vote of thanks to Naval Officers ..... Governor re-elected in 1813 ..... Ex- tracts from his Speech ..... Remonstrances of Representatives and Sen- ate against the war ..... Second request to Congress for fire arms ..... Mr. Gore, Senator ..... Capture of the Chesapeake.
As the orders of the British Ministry, unfavour- ably affecting the Commerce of the United States, which were considered by the national administra- tion as very arbitrary and unjust, and were, indeed, alleged as the principal cause of the war, were re- pealed, it was hoped that peace would be restored between the two countries. But this hope was not realized ; and it was evident, that the general government was determined to prosecute the war. At the session of the General Court of Massachu- setts, in January 1813, the Governor, therefore, recommended the adoption of measures for the de- fence of the State; and advised the Legislature to make appropriations for that purpose. The State was still in a defenceless condition, the reg- ular national troops having been ordered away ; and it was reasonable to suppose, that on the con- tinuance of the war, the enemy might make attacks
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on some of the towns on the sca-coast, in the course of the ensuing year. The Legislature, ac- cordingly, voted $100,000 to be placed at the dis- posal of the Governor, to purchase fire arms can- non and other munitions of war, to enable the mi- litia, if called out, to act with effect.
The Governor was also authorised to appoint three Commissioners, for the defence of the sea- coast, who were to have the immediate care of pro- viding these means of protection. He selected for this important trust Generals Cobb, Heath and Brooks, who had been distinguised officers in the army of the revolution, and were men of great ex- perience, patriotism and judgment.
During this session of the Legislature, the House of Representatives passed an order, direct- ing the Adjutant General of Massachusetts to rep- resent to Congress and to the President of the United States, the defenceless condition of the sca-coasts within the State, and to desire aid from the federal government, in money and in amuni- tions of war. But the Senate refused to join in the resolution. Soon after this period, the Gover- nor applied to the national administration for the portion of fire-arms, (ordered by an act of Con- gress, at a previous session) coming to this State, for the use of the militia: But none were furnish- ed to Massachusetts till some time after and near the close of the war ; though most other States re- ceived their portion at that period. The House of Representatives passed a resolve also, at this session, by which the Representatives and Sena- tors in Congress from the State were instructed to use their influence in the National Legislature for an immediate augmentation of the naval force of the
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United States : and in this resolution, the Senate readily joined.
A proposition was, made, at this time, that the State build a seventy-four gun ship, to be present- to the United States, for the national service dur- ing the war; but after some discussion, it was rejected. In his speech, at this Session, the Gov- ernor informed the Legislature, that it had been ascertained the militia were well organized, and capable of acting with promptness and effect, when- ever it should be necessary to call them into ser- vice. His order of July Sd. 1812, had produced a good effect on the militia officers, and very satis- factory returns had been made from all parts of the Statc.
Several members of the Senate discovered an independent and honourable spirit, in voting with those of the federalists in that body, on a motion to declare the seats of Messrs. Tuttle and Ripley vacated, in consequence of their accepting com- missions in the regular army of the United States. Subsequently to the former session, these gentle- men had been appointed Colonels in the army. It was considered improper, therefore, they should retain their seats as Senators. The resolution to consider their seats vacated by their acceptance of the appointment was passed by a vote of sixteen to nine ; five of the democratic Senators voting in favour of the motion.
Captain Bainbridge, who took command of the frigate Constitution in the fall of 1812, captured the Java, a large British frigate in December ; and on his return to the United States, came into the harbour of Boston. He entered the port, while the General Court was in session ; and the Senate,
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soon after, passed a vote of thanks to him and his brave officers and crow, for this gallant achiev- ment. On a motion in the House for a similar purpose, it was considered proper to refer to all the naval victories, which had then been accom- plished. Captains Decatur and Jones of the navy had also been successful in naval rencountres ; and they were included in the resolution adopted in the House of Representatives.
The preamble and resolve were as follows- " Whereas every event which reflects lustre upon the American name and contributes to elevate the national character, in the view of foreign powers, ought to be distinguished and honoured by the pco- ple of the United States : and whereas the brilliant victories achieved by our gallant navy, since the commencement of the present war with Great Brit- ain, are highly calculated to produce this effect ; and while they demonstrate to the Nation the wis- dom and patriotism of the policy which projected and created a navy, they strongly urge upon the national government the importance of encourag- ing and increasing that species of defence ; it be- comes the Representatives of the people of Massa- chusetts, (whatever may be their opinions in rela- tion to the present war) to testify their high appro- bation of the gallant and able conduct of those officers and crews of the navy, to whom the fortu- nate opportunities have occurred of giving reputa- tion to the American arms and of signalizing their own valour, enterprise and nautical skill.
" Therefore, resolved, as the opionion of this House, that Captains Hull, Bainbridge, Decatur and Jones, of the United States Navy, their officers and men, in the splendid victories, by them recent- VOL. III. 21
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ly obtained over the British ships of war, Guer- riere, Java, Macedonian and Frolic, and in their generous conduct to their captured enemies, have acquired for themselves a distinguished title to the consideration and applause of their fellow citizens, which is due to an heroic and able discharge of duty, and which is the legitimate reward of brave men, who devote their lives to the service of their country."
It was proposed at this Session to adopt some plan or method for lessening the number of Rep- resentatives : but no act was passed by the Legis- lature on the subject. No law could, indeed, have been passed, to this effect, without an alteration of the Constitution. The number of Representatives, chosen in May 1812, was upwards of 700. The number chosen in 1813, was 630.
Mr. Strong was re-elected Governor for the year 1813, by a very large majority ; a proof of the confidence the people had in his wisdom and patriotism, and of their approbation of his public conduct the preceding year .* And the Senate, as well as the House of Representatives, was com- posed chiefly of the federal party ; or as they were, at this time, generally, denominated, the friends of peace. A great change had taken place in the minds of the people, respecting the policy and measures of the general government ; and many who had placed implicit faith in the political wis- dom of the national rulers, withdrew their confi- dence and their support. In his speech to the
* General Joseph B. Varnum was the other candidate for Chief Magistrate at this time. Samuel Dexter was also nominated, but he expressly declined receiving the suffrages of the people for the office.
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Legislature, at the commencement of the Session in June, the Governor gave a concise history of the conduct of the belligerent nations in Europe towards the United States; in which he expressed the opinion, that the government of France had generally been first in the depredations on the American commerce, and had inflicted injuries of the greatest amount : and that peace might have been maintained with Great Britain, by a sincere desire, on the part of the national administration to adjust the disputes which had existed, consis- tently with the interests and the rights of the Unit- cd States.
The Governor at the same time, recommended to the Legislature to provide further means of de- fence for the inhabitants of the State; particular- ly, for those on and near the sea-coast, who were the most exposed. " They have already suffered much," he observed, "in being deprived of the usual means of support and are in danger of still greater evils. It belongs indeed, to the national government to protect all and each of the States in the Union, and to provide for the common de- fence. But, if an invasion should be made or at- tempted, on any part of our coasts, I feel confident the militia will promptly and cheerfully exert them- selves to repel it." The Senate and House of Representatives, in their respective answers to the Governor's speech acknowledged the correctness and propriety of his statement, and gave assurances of support to all necessary measures, for the safety and protection of the State, against an invading enemy. A large sum was appropriated, during the Session, to purchase fire arms, cannon and gun- powder, to be furnished the citizens who inhabited
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the sea coast. They were distributed under the direction of the three agents for sea-coast defence before appointed. In reply to inquiries, as to the continuance of the general order of July 3d. 1812, the Governor directed the Adjutant General to inform the militia officers, and others who might . act as committees for the towns, that he consider- ed the order still in force, and to urge upon the commanders of regiments, battalions, brigades &c. to be in constant readiness to march, at the short- est notice ; and whenever there was a landing by the enemy, or any menace or attempt to land, to repair to the place of danger, without waiting the orders of a superior officer.
The sentiments of the Governor respecting the policy of the national administration in declaring war against England for the causes alleged, were well understood. He had repeatedly expressed an opinion, that it was not necessary or expedient. But it was not in his character to inflame the pas- sions of the people, or to increase their discontent at the measures of the general government. The following extracts from his public speech to the General Court in June 1813, will shew the tem- per of the Governor, both as a man and a politi- cian.
" We are bound to obey the laws made in con- formity with our constitutions: But those consti- tutions ensure to us the freedom of speech ; and at this momentous period, it is our right and duty to inquire into the grounds and origin of the pres- ent war ; to reflect on the state of public affairs ; and to express our sentiments concerning them with decency and frankness ; and to endcavour, as far as our influence extends, by temperate and con-
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stitutional means, to promote an honourable recon- ciliation. By an unnecessary war, the deepest guilt is incurred ; and therefore, every belligerent nation should inquire which of the contending par- ties is justly chargeable with that guilt.
"It has often been asserted, that our national honour compelled us to engage in a war with Great Britain. The honour of a nation consists in the display of its wisdom, justice, moderation and magnanimity. It requires the government to regulate its conduct for the greatest advantage of the State ; and to pursue that series of measures, which will most effectually promote the welfare of the people. But that species of honour, which would prompt us to wage war for every supposed instance of abuse or disrespect, is not the honour of a wise and moral people.
"So far as conquest may be considered as the object of the present war, its policy, to say nothing of the justice of it, must be extremely doubtful : A few individuals may gain, by an offensive war ; but the great body of the people have nothing to gain or to hope for. In republics, the increase of power has often occasioned severe calamities, by increasing their pride and arrogance, and inspiring rash councils and extravagant measures. And when they have been successful in foreign wars and acquired the title of conquerors, they have generally and speedily lost their form of govern- ment."
At this session, a remonstrance against the poli- cy of the war was prepared, and adopted by large majorities both in the House of Representatives, and in the Senate, and addressed to the Congress of the United States, then convened in an extra-
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ordinary session, called by the President, on ac- count of the embarrassments in the nation, grow- ing out of the hostile attitude of the government. The evils of war generally, were ably stated, in this document ; and especially of that, then recent- ly declared ; which, it was supposed might have been prevented, without compromitting the honour of the nation ; and which, in its progress threaten- ed distress and ruin to that portion of the citizens of the Commonwealth, who were engaged in com- merciał pursuits .* Most of the towns on the sea- coast had petitioned the Legislature to desire some means of relief if possible, to restore to the country the blessings of peace. These petitions were refer- red to a committee, and the remonstrance against the war was the result.
While the General Court was in session, in June, Christopher Gore, who was Governor of the State in 1809, was elected a Senator in the Congress of the United States. He had been appointed by the Supreme Executive of the Commonwealth in the re- cess of the legislature, on the resignation of James Lloyd a few months before. There was an extra session of Congress in May ; and the Governor considered it very important to have a full repre- sentation in the national Senate from Massachu- setts. The election of Mr. Gore, by a large ma- jority of both branches of the General Court, was
* The people were justly alarmed at the immense expense of the war ; for the payment of which, the chief dependence must be on the commercial part of the nation. The expenses for the year 1813, were estimated at forty million dollars. It was also supposed the country lost 63,000,000 by the Embar- go, and as much during the four years of the restrictive system : more than three fourths of all which, were sustained by the eastern States.
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proof of the good judgment of Governor Strong, in selecting this distinguished citizen.
The Governor gave notice to the General Court, of the letter he had received from the Secretary of War, in which he declined furnishing to Massa- chusetts the portion of arms, to which the State was entitled, by virtue of a law of Congress, pass- ed several years before, and for which the Govern- or had applied. A committee was raised to con- sider the subject ; for it was considered improper and arbitrary in any officer of the national govern- ment, or in the President himself, to refuse fulfil- ing an express injunction of law. A spirited re- port was made by the committee, and a resolution was adopted, by which the Adjutant General was directed to request of the war department, an immediate supply of arms, to which the State was entitled, according to the law of Congress.
On the second of June, a battle was fought just off the harbour of Boston, between the Chesapeake, a Frigate of the United States, and the British Frigate Shannon, which terminated unfortunately to the American Ship. There was the more inter- est taken on this occasion, perhaps, because the Chesapeake had been some time in the port of Bos- ton, and her officers were known and esteemed by the citizens of that place. The ship had sailed but a few hours, when the attack was made. Her offi- cers were brave, and the highest expectations had been cherished of success, if she should meet the enemy. But the battle was commenced with great disadvantage on the part of the Chesapeake. The contest was too eagerly sought by the brave and gallant commander, before he was fully prepared for action ; and the relative position of the ships,
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when they met, was favourable to the British Frig- ate. The American Ship was taken, several ofli- cers and men were killed, and the Captain was mor- tally wounded.
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CHAPTER X.
British Ships on the coast ..... Alarms of invasion ..... Detachment of mili- tia ordered out .... Spirit and bravery of the people ..... Embargo ..... Gov- ernor's Speech, January 1814 .... Extracts from it ..... Reply of Represen- tatives ..... People complain of grievances ..... Embargo obnoxious and dis- tressing ..... Memorials to General Court, from towns and from fishermen. Resolutions of Legislature thereon ..... Governor of Vermont threatened ... Resolve to defend him ..... Strictures on the conduct of Governor Strong. Militia called out, on request of Naval Officers of the United States, April, 1814.
During the year 1813, several detachments of militia were called out, on applications from the people on the sea-board, who were apprehensive of an attack from the enemy, whose vessels were frequently seen near the coast. But these detach- ments were not very large ; nor were they kept long in service, at any one period. In 1812, there were no alarms, excepting in one instance, which was at Eastport, in the vicinity of New Brunswick ; when the militia were immediately ordered from a distance, by the Governor, for the defence of the inhabitants and their property." But in the summer of 1813, several ships of the enemy were hovering on the coast in the counties of Hancock, Lincoln and Cumberland, in Maine ; but no attempts were made to land. The militia, however, in the vicin- ity, in companies, or battalions, promptly repair- VOL. III. 22
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ed to the places where the inhabitants were alarm- ed : and their appearance, probably, often pre- vented the meditated attacks and depredations of the enemy. The militia officers, acting under the general order of the Governor, of July 3d, 1812, were always ready to repel invasions ; and when it was attempted or threatened, they conducted with great bravery and effect. Thus the extensive sea- coast of Massachusetts was protected by the mili- tia, in obedience to the orders of the Commander in Chief of the State, without any infringement of their rights, or imposing an unnecessary burden upon them. The people were allowed to pursue their ordinary occupations ; and yet, when imme- diate danger threatened, they were prepared and commanded to assume the character of soldiers, for the defence of the country .* .
* The dispute respecting the power of the President of the United States over the militia, still continued ; and a great deal was written on the subject in the public papers in Massa- chusetts. The question has been already noticed ; but it was so absorbing at the time, and its solution so essential to the lib- erties of the people, that it may be referred to again, although it should justify the charge of a repetition of former remarks.
It was said by those who considered the demand of the Pres- ident for the militia, in June 1812, to be an assumption of pow- er, that if, when an act of Congress gave him authority to call them into service, he could do it except in the cases specifi- ed in the constitution, then there were no limits to his controul of them ; and he might march them where and when he might choose. The constitution says, the militia shall be liable to be called into service, "lo repel invasion." This is specific and precise. But the question naturally arose ; whether this gave the President authority to call for the militia, on the declaration of war, and so -long as it continued. 'The friends of the ad- ministration, at that time, asserted that it did ; while many oth- ers believed, that no more in war than in peace could the mili- tia be ordered into the service of the United States, but to re- pel an invasion, or to defend against a threatened attack .-
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Later in the season, the vessels of the enemy entered some harbours in the State, and plundered the inhabitants of their sheep and other live stock. But they did not proceed into the country, nor re- main long in the places where they landed ; for the militia were prepared to defend themselves : and obliged the enemy to retire. At Portland and Wiscasset the militia were called out, in larger de- tachments, in September 1813, by orders from the Generals of divisions, who referred in their sum- mons, to the general order of the Governor. These were retained in service several weeks; for the ships of the enemy were then near the coast in Maine, and it was apprehended their purpose was to land and plunder the inhabitants, unless the towns and barbours were well guarded. The service of the militia was the more necessary, as the regular troops of the United States, who had been in the forts, in that part of the Commonwealth, were gone to the North-west borders for the invasion of Can-
Another important question arose, whether the President alone should decide, that there was such immediate danger of invasion in any case, as to justify the calling out of the militia : or whether the state authorities had not the best opportunity to judge of the danger, and a right also to decide, or to be con- sulted in the decision, whether the emergency had occurred, which required them to serve for the protection of the State .- In a word, the question was, whether, on constitutional grounds, and consistently with the rights of the citizens, they could be ordered into the public service, and subjected to military law and discipline, by authority of the federal rulers, except to repel an actual invasion. It was said that in time of war there was al- ways danger of invasion ; and therefore, the militia might be called out and retained in service, so that they might defend the country whenever an invasion should occur. To this it was replied, that no danger could justify an act which was in vio- lation of the rights of the people ; that regular troops should be provided whenever a permanent military force was to be kept
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