USA > Massachusetts > History of Massachusetts from the year 1790, to 1820. v. 3 > Part 12
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- ada. It appears by the correspondence between the Major Generals and Governor Strong, that the latter approved of calling out the militia at these places.
In this state of alarm and of probable danger, the citizens of most of the towns contiguous to the Atlantic, applied to the authority of the State, for the means of defence. By the provident care of the Executive, who had been authorised by the Legislature, various munitions of war were pur- chased ; and were furnished to the inhabitants when requested, by the agents appointed for the purpose. Weapons of war to a great amount were thus dis- tributed among the militia, whose promptness and efficiency was displayed on all suitable occasions. At no time did they refuse or hesitate to march to places exposed, or where alarm existed; and yet they generally objected to the plan of being sta- tioned in the forts, or of being formed with a per- manent military body.
up ; and that the militia being put in a state of preparation and readiness for service, could be employed to repel an invasion, and to defend any place attacked, while, at the same time, their rights and liberties would not be infringed. Patriotic and brave men would certainly defend their country ; but were they to be under the controul of federal rulers and officers, and at their discretion, in time of war, more than at any other time, except for the object or service mentioned in the constitution ? The Governor of Massachusetts has a constitutional right to call out the militia, as he may judge proper, for the safety and protec- . tion of the State ; but no officer of the general government has authority to use and command them, except in certain cases, clearly specified
Mr. Munroe, when acting as Secretary of War, in Feb. 1814, in a letter to a committee of Congress, says, "The military commanders were required, by the President, to watch the movements of the cuemy, and to summons them to the field, on menace of invasion. The object of the President was to afford
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It will be readily perceived, that, with the very extensive sea-coast in Massachusetts, a great ex- pense must have been incurred, in carrying into ef- fect the views of the Governor and Legislature, in providing for the protection and defence of the State. The extent of the sea-coast from Rhode- Island to New Brunswick, with all its inlets and bays, is about six hundred miles, and includes eigh- ty towns and villages, some of which are large, and much exposed, on account of the facility with which they may be approached from the sea. When- ever an alarm was given, the citizens repaired, with great cheerfulness to the place of danger ; and dis- covered much of the spirit and bravery which ani- mated their fathers in the time of the revolution .- Then, indeed, they contended for their natural and political rights. "They engaged in the contest with remarkable zeal and enthusiasm ; and they submit- ted to privations and sufferings without complaint. But as they did not perceive the necessity of the war of 1812, and believed that all which was just, or essential to the honour and welfare of the nation, might be obtained by negotiation, they were wil-
the best protection, with the least possible burden to the peo- ple.". This object was attained most effectually by the plan and the orders of the Executive of Massachusetts, without re- quiring any service of the militia inconsistent with their consti- tutional rights.
Several members of Congress were sensible of the difficulty attending the question, as to the controul of the militia, and a committee was appointed in January 1815, to consider the sub- ject. But the news of peace soon after arrived, and no report was made by the committee. About this time, the Governor of South Carolina recommended to the Legislature of that State, to propose an amendment to the Constitution, so as to have the power of Congress and of the President over the militia, more clearly defined.
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ling to support it, only in so far as the constitution imperiously required ; or their determination, as brave and patriotic citizens, to defend themselves and the country from invasion, would compel them .*
The people of Massachusetts, very generally, complained of the national rulers, for their neg- lect to provide the means of protection and defence - of the State. 'They considered it the duty of the general government to protect the nation against a foreign enemy. This was one object, according to the federal constitution, for which a national gov- ernment had been instituted.f Had war been de- clared against the United States, unexpectedly and without warning, the rulers of the nation, whose policy did not load them, oponly and professedly, to aim at foreign conquests, would have been just-
* A doubt, both of the justice and of the expediency of the war was expressed by individuals, who, afterwards, for some reason, became its advocates, and the culogists of those by whose influence it was declared. Governor Plumer of New Hamp- shire said, "he considered it unnecessary and unjust." J. Q. Adams, in a letter written at St. Petersburgh, in October 1812, to the Secretary of State, says, " I observed to the Russian Minister, that I knew the war must be highly injurious both to the United States and to England ; and that I could perceive no good result likely to arise from it, to any one." The Rus- sian Minister replied, " that he considered the war in the samo light."
"[ The immense debt incurred by the national government in · prosecuting the war, which many believed might have been hon ourably prevented, and expended chiefly to carry the war into the enemy's country, while the interests of commerce, and the sea-coast which was most exposed, were neglected, added much to the discontent and complaints of the people. The expenses for 1812, amounted to forty five or cight millions ; and those for 1814, were estimated at seventy millions and upwards. The citizens of the commercial States were aware, that this great debt must be paid principally by them.
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ified, in the minds of the people, in not being per- fectly prepared to meet the unforeseen crisis. But, in the present case, war was declared by the na- tional rulers, who, it was afterwards evident, had long meditated, if not actually resolved upon it ;* and when it was confidently believed, by the most intelligent, that negotiation, undertaken in the hon- ourable manner of that instituted by Washington, in 1794, would have obtained for the United States more than was secured by an appeal to physical force, when much blood and treasure were expend- ed.
The federal government, it was therefore said, should have been prepared to repel the attacks of a nation, which they had compelled to become the enemy of the United States ; and should have pro- vided means of defence for the people, whose wel- fare it was expressly pledged to defend, instead of relying upon the militia, except merely to repel invasion, which might unexpectedly occur. But when, instead of such wise and just precaution, no troops or means of protection were furnished, by the general government, and even the fow regular corps, which had been stationed in the forts, for the safety of the sea-ports and the vessels "in the harbours, were withdrawn, to be employed in am- bitious schemes of conquest, the people became very clamorous, and seemed disposed to attribute their calamities and sufferings to the improvidence of the national rulers.
* They who were in the secrets of the French Cabinet, predic- ted in April or May, that war would soon be declared by the United States against Great Britain. And before war was de- clared by Congress, the Secretary of War requested Governor Strong to place the militia under the entire command of a mili- tary officer of the United States.
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These complaints against the national govern- ment, for making war against Great Britain, with- out stronger reasons than were given, and for neg- lecting to provide means of protection to the peo- ple who were put in danger by it, were considered by many, however, as altogether unjustifiable. It was contended, indeed, by some of the political friends of the national administration, that as war had been declared by Congress, the people ought not only to cease all objections to it, but to acqui- esce in and to support it. To question the justice or expediency of the war, was represented as a political sin, approaching almost to treason against the nation. What rendered this conduct the more remarkable was, that the party and the individu- als, who expressed such opinions, had, a few years before, been very severe in their censures of the policy and measures of the federal government ; especially in 1795, when Washington made a trea- ty with England, and in 1798, when President Adams prepared to defend the honour of the nation against the insolence of the French rulers.
But when political feelings run high, it is almost in vain to expect consistency or reason. The cit- izens of the United States, however, have never yet given up their right to discuss the policy and pub- lic conduct of their Representatives. This inde- pendent and republican trait of character has al- ways been particularly manifested in the intelligent people of Massachusetts. In a really free coun- try, it cannot, indeed, be otherwise. It is only where the rulers are independent of the people, and the latter have no power or privileges but what are granted by the Prince, at his pleasure, that men will fear to assert their rights, or to act as censors upon the conduct of their public agents.
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During the winter of 1813-14, the people were not subject to many alarms, and few of the British vessels approached the coast of Massachusetts. But it was apprehended, that the war which had continued nearly two years, would be prosecuted by the enemy, the ensuing season, with greater resolution and force, than they had done before. This apprehension afterwards proved to be too well founded. As the spring opened, the enemy's ships on the coast were more numerous than at any former period of the war; and it was the gen- cral opinion of the people, that more efficient means for the defence of the State ought to be adopted. The Legislature had indeed, at their session in February, in anticipation of partial invasions from the enemy, and on recommendation of the Gover- nor, authorised him to continue the commissioners for the defence of the sea-coast, and made further appropriations to provide additional means of pro- tection to the people. The arms, before repeated- ly requested of the United States, had then been received, to the number of fifteen hundred ; but these did not constitute the full portion belonging to Massachusetts.
In December 1813, Congress passed an act laying an embargo, the duration of which was not to exceed a year. This measure was very oppres- sive in its operation, and gave complaints, on the part of the people, as great as the embargo of 1807, or even the declaration of war itself. It was ex- tremely obnoxious to the citizens on the sea-coast, who were most directly and immediately subject to its operation. It interdicted the coasting trade from one port to another in the same State, and for- bid the occupation of fishing also near the harbour, VOL. JII. 23
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thus preventing the article in the market and de- stroying the business of many industrious citizens who depended on it for a living. This law was the more obnoxious to the people, because it was to be construed by the officers of the general govern- ment, under instructions from the President, and thus was liable to be executed with partiality. The fishermen of Boston were, in fact, forbidden to pursue their wonted business, while those of some towns in the vicinity were permitted to en- gage in the same occupation without any restraint.
When the Governor addressed the Legislature, in January 1814, he spoke of this law, as oppres- sive to the people, and plainly intimated that it was unconstitutional. "The late act of the national gov- ernment, interdicting the trade coastwise between different parts of the same State, as well as be- tween the States respectively," he said, "con- tains provisions of such a character as makes it worthy of inquiry, whether any measures can be properly adopted by the government of this State, which would be likely to induce Congress to re- peal them, or to amend them in such manner as to render their constitutionality less questionable."
The Governor referred, briefly, to the policy and conduct of the national rulers, as to the origin and management of the war. He expressed a be- lief, that the government of France had too much influence over the measures of the administration of the United States, and a fear, that there was no wish to bring the war to a close.
The following paragraph in the speech of the Governor at this time, was very pertinent, and could not fail to have a good effect. "The right of fully investigating political subjects and freely
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expressing our sentiments in relation to them, is secured to us by the constitution, and is essential to the public safety and the preservation of a free government. Without the exercise of this right, the most oppressive laws would not be repealed, nor the most grievous abuses reformed. And whoever attempts to restrain this privilege, whatever name he assumes, is not a friend to republican liberty."
The Representatives, in their answer to the Gov- ernor's speech, remark-" By the seasonable as- sertion of their right to investigate political mcas- ures, the people of this Commonwealth have check- ed a disposition manifested in some parts of the country, to stiffe fair inquiry, to suppress the free- dom of speech and of the press, and thus to protract the evils of mis-government and screen the errors and vices of the ruling party, from exposure."- This answer of the House of Representatives is so able, and describes so justly the condition and feel- ings of the people, at that period, that the whole will be given in the appendix.
Some time in January, a motion was made in Congress to authorise and direct a prosecution to be instituted against the Governor of Vermont ; and before any decision was had, there was a good deal of excitement on the subject, and many were led to apprehend a purpose in the general govern- ment to assume and exercise an arbitrary power over the State authority. A resolution was offer- cd in the House of Representatives of Massachu- setts to the following effect-" Whereas certain res- olutions have been proposed in Congress, to author- ise and direct a prosecution to be instituted against the Government of the State of Vermont, for his official conduct in relation to the militia of that
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State, the command of whom, except in cases speci- fied by the constiution of the United States, be- longs of right to the executive authority of that State-and while the respect due to the National Legislature forbids the belief that so flagrant an indignity to an independent State will finally re- ceive their sanction ; yet as every attempt to make the Chief Magistrate of a State amenable for his official conduct to any tribunal, other than that elected by the people of the State over which he presides, is a subject of just alarm and ought to be promptly repelled-Therefore, resolved that it will be the duty of the Commonwealth of Massachu- setts to aid the Governor and people of Vermont, or of any other State, with their whole power, in enabling them to support their constitutional rights, whenever the same shall be in danger of infringe- ment from any quarter; and that it will be the duty of this Legislature, whenever requested by the Legislature of Vermont, or of any other State, on having evidence of such infringement of their constitutional rights, to make provision by law for their effectual support." The resolution was laid on the table, at the instance of the member who offered it, as Congress had not acted on the sub- ject.
The fishermen of Boston, who were thrown out of employment by the embargo law of December 1813, presented a memorial to the General Court, at this session, stating their privations, and com- plaining of the arbitrary measures of the national government, under the operation of which they were suffering. They represented, "that by this act they were prohibited from the exercise of their accustomed occupation which gave them and their
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families their daily bread." They said, "they were aware that the Nation was involved in a dis- astrous and ruinous war ; and though they were ready to submit to the necessary privations it might occasion, they had yet to learn, that any principles of civil liberty, of expediency, or even of despot- ism, could justify the entire sacrifice of one portion of the community, while others were permitted to riot in prosperity and luxury. With the light, which the plain words of the constitution afford us, we have sought for the provision, which authorises Congress to restrict any portion of the coasting trade between ports of the same State, but we have not been able to find any such power. We for- merly supposed there was a division of sovereignty, and that some little portion of power was reserved to the States, respectively. We did not indeed know, till rueful experience convinced us, that State sovereignties were an empty name, in the opinion of our national rulers. But when we sought for some apology or pretext for the inter- diction of the domestic fisheries, which we could not suppose Congress would forbid without just authority, we were surprised to find, that no power had been given to Congress to controul this por- tion of our national industry."
The Legislature of Massachusetts, at this ses- sion, received petitions and memorials from more than fifty towns, many of which were in the interi- or of the Commonwealth, calling the attention of the State authority to the impoverished and suffer- ing condition of the country, and expressing great dissatisfaction with the war policy of the general government. They all declared their belief, that the war was unnecessary, and was to be attributed
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to the undue influence of a foreign power over the councils of the nation. Before the General Court was adjourned, resolutions were adopted by a very large majority, prepared by a Committee to whom the memorials had been referred. They were as follows-" Resolved that the act laying an Em- bargo on all ships and vessels in the ports and har- bours of the United States, passed in December last, contains provisions not warranted by the constitution of the United States, and violating the rights of the people of this Commonwealth -That the people of this State, from its carliest settlement, have enjoyed the right of navigating from port to port within its limits, and of fishing on its coasts ; that the free exercise and enjoy- ment of these rights are essential to the comfort and subsistence of a numerous class of its citi- zens ; that the power of prohibiting to the citizens the exercise of these rights was never delegated to the general government ; and that all laws passed by that government, intended to have such an effect, are therefore, unconstitutional and void -'That the people of this Commonwealth have a right to be secure from all unreasonable search- es and seizures of their property ; that all laws, rendering liable to seizure the property of a citi- zen, at the direction of an individual, without war- rant from a magistrate, issued on complaint, under oath, with the pretence that such property is appa- rently on its way towards the territory of a foreign nation, are arbitrary in their nature, tyrannical in their operation, and subversive of the first princi- ples of civil liberty-That the people of this Com- monwealth have a right to be protected in the enjoyment of life, liberty and property, according
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to standing laws ; and that all attempts to pro- hibit them the enjoyment of this right, by agents acting under executive instructions only, and armed with military force, are destructive of their freedom, and altogether repugnant to the constitution-That, as the well-grounded com- plaints of the people constitute a continued claim upon the government till their grievances are re- dressed, the several memorials and remonstrances lately presented to this Legislature be delivered to the Governor, with a request that he or his succes- sor would cause the same to be laid before the next General Court, at an carly day of their first session."*
* Besides various ephemeral attacks on the conduct and opinions of Governor Strong, in the newspapers of the day, there was a series of essays or letters addressed to him, which first appeared in the " Boston Patriot," and were afterwards published in a pamphlet, which were attributed to a young man of education and talents. The letters were written with some plausibility and more severity. The writer undertook to show that the Governor and Legislature of a State, had no right to question the conduct and policy of the national government, whose authority was paramount, as he contended, over the State rulers, in all cases ; and that Governor Strong, therefore, had violated his oath and his duty, in not complying with the orders of the President of the United States, and his officers. The writer further attempted to prove, that the war was expe- dient, just and necessary, and that every one was bound in pat- riotism to support it. He considered it necessary, by a very laboured argument, to endeavour to justify the conduct of the national administration ; but did not allow that any one must oppose or censure, it being the duty of all good citizens to sup- port the measures of the national policy, without inquiry. This was not very consistent, nor very convincing to many ; but the writer was applauded by the friends of the administra- tion, and soon afterwards was liberally rewarded for his " use- ful labours." The writer charged Governor Strong with " im- pertinence," because he dared to question the wisdom and con-
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In the month of April, on the request of Cap- tain Bainbridge, of the United States' Navy, who apprehended.an attack at Marblehead, where the Frigate Constitution was then lying, two compa- nies of artillery and a company of Light Infantry were ordered from Boston, by the State authority, to march for the defence of that place and the ships in the harbour. And soon after, the same officer applied to the Executive of Massachusetts for aid from the Militia, when it was feared that the ene- my, several of whose large armed vessels were then in the Bay, meditated an attack on the Navy Yard in Charlestown. On this occasion, the Bos- ton Brigade, consisting of nearly 3000 men, were inspected anew, and assurances given to Captain Bainbridge, that the whole, or any part of the Brigade, as he might deem necessary, should be ordered out at the shortest notice, for the purpose he desired. A militia company belonging to Charlestown, and an independent company of Light Infantry from Boston were, successively, called out to guard the navy yard,* and remained in ser-
stitutionality of some of the measures of the general govern- ment ; and accused him of exciting an insurrection in the Commonwealth. He also assorted, that the Governor and Lc- gislature were in favour of a separation of the States, and had suggested and encouraged it in their official and public capaci- ty. But he gave no proof, and could give none, of the justice of the charges. The Governor and Legislature had, indeed, continually and earnestly urged the people to forbearance and moderation ; and to seek redress of grievances only in a con- stitutional way. This writer had the impudence also to charge Governor Strong with copying, for his public speech, a message of the Prince Regent of England !
# There were no regular troops in the service of the United States in the vicinity, to defend the place.
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vice sometime at Charlestown and Chelsea, there being an apprehension that the enemy might land in the night-time, and set fire to the vessels and buildings of the United States, in that vicinity.
A few weeks later, Captain Hull, of the United States Navy, who had command of the navy yard at Portsmouth, in the State of New Hampshire, was apprehensive of an attack, and applied to the mili- tary officer in the service of the United States in the district, for protection. A portion of the militia of Massachusetts were thereupon requested to be called into service for that object ; as well as the militia of New Hampshire, which were in the vi- cinity of that place. The militia in the county of York in Massachusetts, were immediately called out to the number of 250. 'Their term of service, however, was short, for the alarm soon ceased. In September following, a greater number of the mi- litia of Massachusetts, between 800 and 900, was called out, for the protection of the town of Ports- mouth and the Navy Yard there situated ; some dif- ficulty, at that time, having prevented those be- longing to New Hampshire from marching to that place.
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