USA > Massachusetts > History of Massachusetts from the year 1790, to 1820. v. 3 > Part 15
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the Commander in Chief was pleased to devolve on him the responsibility of the care and manage- ment of the Division, in case of invasion or dan- ger.
The militia of the fifth Division were called out during the months of August and September, for the defence of several towns within its limits ; as New Bedford, Fair Haven, Wareham, Falmouth, Barnstable, Chatham, Duxbury, Plymouth, and Scituate : and they obeyed the call with prompti- tude and cheerfulness. But the calls on the mili- tia were equally frequent in the vicinity of Boston ; and of Portland, Bath, and Wiscasset, in Maine, There was a great amount of shipping in these ports, which, probably, induced the enemy to in- vade these places rather than some others equally accessible. At Wiscasset, there was a large num- ber of the militia assembled for several weeks, ta- ken from Generals Sewall's and King's Divisions. Nearly the same number were ordered out, at Bath and Phippsburgh, on Kennebec river. At Belfast, Thomaston, Camden, Cushing and Bris- tol, detachments were also called out for the de- fence of the inhabitants.
Except at Eastport and Castine, which they took and retained the possession of, the enemy landed at a very few places, though his ships were hovering on the coast for some time. For the mi- litia were in readiness to repel his attacks ; and seasonably repaired to such towns as were in dan- ger, to prevent a landing. In all the large towns in the State, which were accessible to the British ships of war, the militia collected, as promptly or- dered by their officers ; and thus prevented any in- vasion which might have been meditated.
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Governor Jones of Rhode Island proffered the service of the militia in that State, to Massachu- setts, if a formidable attack should be made on the capital, as was seriously apprehended in August and September, but their assistance was not re- quired. This patriotic act was duly appreciated, however, by Governor Strong ; who, in return, gave assurances of a willingness to aid in the pro- tection and defence of Rhode Island.
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CHAPTER XIII.
Convention at Hartford ..... Result of the meeting ..... Approved by the Le- gislature of Massachusetts ..... Extracts from Governor's Message .... State Rights ..... Mr. Gore's speech in Congress respecting the Militia.
Before the General Court adjourned in October, twelve eminent citizens of Massachusetts were elected to attend a Convention of Delegates or Committees from the New England States ; to consult for the welfare of that part of the country, in the critical and exposed situation, in which it was placed by the war. The Convention was holden at Hartford, in the State of Connecticut, on the 15th of December, 1814. Besides those from Massachusetts, delegates were appointed to- attend, by Connecticut and Rhode Island ; and several counties in New Hampshire were repre- sented, but the Legislature of that State declined choosing a Committee for that purpose.
This Convention was a subject of much discus- sion, at the time, as well as for many years after. A large majority of the citizens of Massachusetts approved of the measure ; for they not only believ- ed it perfectly proper, that intelligent men, in whom they had confidence, should meet to consult on measures for the welfare and prosperity of the State; but they expected that some remedy for
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their grievances would be devised by the Conven- tion. Some considered the plan inexpedient, and not as promising any permanent relief; and the friends of the national administration pretended to sce in it the commencement of an opposition to the general government, which would end in the separation of the Eastern States from the federal Union. *
As far as the professions of honorable men may be considered sincere; as far as their votes and proceedings afford evidence of their designs ; or as their public services and popularity, for many years, could testify to their patriotism-so far the conduct of those who constituted the Convention at Hartford might be approved or justified. It is not to be supposed, without proof, that their object was treason or disunion ; and their proceedings unite, with their declarations and the sentiments enter- tained by those who appointed them, to shew, that they neither purposed nor meditated any other means of defence, than such as were perfectly jus- tifiable, pacific, and constitutional.
The Convention separated carly in January, and the delegates from Massachusetts made a re- port of their doings, to the General Court, which was in session a few days after. The. proceedings of the Convention were considered as very mode- rate and proper, by a great majority of the Legis- lature, by whom a vote of approbation and thanks was passed to those members, who were citizens of the State.
* The language of the people, generally, on the adoption of the resolutions for a Convention, and for other measures of re- lief, was, " that the Legislature had performed its duty with firmness ; and that if other States would discharge their duty, also, a speedy termination of the war, renewed prosperity, and a lasting Union, would be the happy consequences."
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The measures recommended by the Convention were "that an application be made to Congress for their consent to an arrangement, by which the several States, represented in the Convention, may separately, or in concert, assume the defence of their territory, at the national expense"-and "that certain amendments to the federal Constitution should be proposed to the States for their consent and adoption." Neither of these propositions could justly be considered as tending to disunion, or to a forcible opposition to the measures of the general government. A collection of men like those who convened at Hartford, have a right to suggest and recommend alterations in the Consti- tution ; though no such alterations could be made without the consent of Congress and two thirds of the States in the Union. The proposition was in- dicative of the moderation and wisdom of the Con- vention. Whether the alterations proposed would have been for the greatest permanent good of the
nation, was quite another question. One was that Congress should not have power to make war un- less two thirds of the members of both branches should approve and consent. Other amendments to the Constitution proposed were, that no embar- go act should be passed for more than two months -that no law suspending commercial intercourse with foreign nations should be enacted unless two thirds of the members of Congress were in favor of it -- that no one should be eligible for President of the United States, a second time; and that the representation in Congress should be according to the free population of the States. It was also ad- vised that a request be made to Congress for aid to defend the State, when exposed to invasion in
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consequence of a war declared by the government, which also had the control of all the revenue of the nation. This, certainly, was evidence neither of a desire to destroy the union of the States, nor of a determination to oppose the national rulers, in the exercise of any constitutional power. And it is remarkable, that, although this proposition was said by some of the friends of the administration to be unreasonable and proof of a desire to embarass the government, yet Congress passed an act, in February 1815, soon after the proceedings of the Convention at Hartford were published, providing for the defence of the separate States, at the ex- pense of the national government. By that act, the President was authorized to receive into the service of the United States any corps which might be raised, organized and officered by the authority of any State ; which corps, when received into the service of the United States should be subject to the rules and articles of war, and employed in the State raising the same, or in an adjoining State, and. not elsewhere, except by consent of the Executive of the State raising the same.
. In the month of December, while the British were in possession of Casting, a request was made to the Governor, by the Secretary of War, to call out 5000 of the militia of Massachusetts, for the purpose of retaking that place. The Governor thought the attempt would be a desperate one; and replied, that, without the co-operation of a large + naval force, the effort must be ineffectual, and at- tended, probably, with the loss of the lives of many citizens. A request was also made by the admin- istration at the same time, for procuring aid from the State, to meet the expenses of the war-But the Governor answered, that the expenses of the
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State were very great, inasmuch as it was obliged to provide for its own defence, and that it had no funds at command.
The winter of 1814, 1815 was a period of great anxiety and embarrassment. There was, indeed, no immediate danger from the enemy ; but the long suspension of navigation and commerce had impoverished the people ; and a war of nearly three years had subjected them to many privations and sufferings. The necessary articles of living were to be obtained only at a very high price; and the prospects of peace, which brings so many bless- ings, was faint and indistinct. But the patriotism and moderation of the citizens did not forsake them. With all their gloomy apprehensions, they had some hope of better times; and though they be- lieved there were some sinister and party views in the disastrous policy which had been pursued, they were unwilling to believe that the national rulers would designedly depress any part of the country. It was very evident that the national administra- tion was much embarrassed by the state of public affairs : 'The war was unpopular, the expenses at- tending it had been already very great ; and it was difficult to obtain loans sufficient for the pay and support of the army. There was no hope of se- curing the objects, for which war had been declar- ed; and several members of the cabinet resigned their places in disgust, or from want of harmony with one another. A change of ministers was called for, as it was believed other citizens might be selected to advise the President, more disposed to peace, and more able to conduct the war, if it should be necessary to continue it .*
* Mr. King of New York, Mr Cheves of S. Carolina and Gen. Brooks of Massachusetts were most generally named.
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As the Legislature of Massachusetts had an ex- tra session in October, IS14, when all measures had been adopted for the protection of the State and the quiet of the people, which were considered practicable and just, there was little to be devised with reference to the war. The season was, in some measure, a protection to the people on the sea coast ; and the Executive had been vested with sufficient authority to prepare for the contin- ued defence and safety of the State. But the Governor spoke of the powers of the national gov- ernment, which at that time were subjects of fre- quent and interesting discussion. Some of his sentiments thereon, as expressed in his message to the General Court, January, 1815, are therefore here presented.
" We have heard it observed," he said, "that the State Legislatures have no right to express their opinions concerning the measures of the na- tional government. But this doctrine is repugnant to the first principles of liberty ; and the remark could not have been made by any one who had well considered the organization of our govern- ment, or the arguments used by the advocates of the federal constitution, when that system was adopted. The government of the United States is founded on the State governments, and must be supported by them ; the Legislatures of the seve- ral States either elect the members of the execu- tive and legislative branches of the national gov- ernment, or prescribe the manner of their election. It would then be strange indeed, if they were de- nied a right, which the meanest citizen of every State enjoys. In the arrangement of the different powers, the State governments are, to many pur-
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poses, interposed between the government of the United States and the people. If the latter think themselves oppressed, they will complain to their immediate representatives ; and the remonstrance of a State Legislature, on their behalf, will not often be slighted, by a wise and just administration.
" The powers of the United States government are limited by the Constitution, which points out the extent of those powers, and the manner in which they are to be exercised. The Constitu- tion, however, will be of little value, unless it is religiously observed. If at any time the national adminstration should disregard its authority, either by violating its express provisions, or by the as- sumption of powers not delegated to it, its com- mands would be unjust, and it would be chargea- ble with a dangerous abuse of confidence. The State Legislatures are the guardians, not only of individuals, but of the sovereignty of their respect- ive States ; and while they are bound to support the general government in the exercise of its con- stitutional powers, it is their duty to protect the rights of the States and of their constituents ; and to guard the Constitution itself, as well against si- lent and slow attacks, as against more open and daring violations. 'The security thus afforded to the people would be lost, if the State Legisla- ture were to be implicitly devoted to the views of the national government, or were deprived of their right to inquire into its measures."
The subject of State Rights, generally, and of the constitutional power of the federal government over the militia, is so very important, that it may be proper to refer to the sentiments of a distin- guished Statesman of Massachusetts, which were
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expressed, at this period, in relation to it. They were delivered by Governor Gore, in the Senate of the United States, in January 1815, who was then a member of that Body.
"A question has sometimes been suggested, whether the Governor of a State has a right to judge, if the requisition for the militia be within the provisions of the Constitution. A little reflec- tion on the nature of the government of the United States, and of a State, and of the relation in which the Supreme Executive of the latter stands to the United States, and to the citizens of his particular State, will show that he is obliged to examine, if the case for which the requisition is made be within the provisions of the Constitution ; and if the purposes for which it is declared are clearly not within the powers delegated by that instru- ment, to withhold a compliance. The government of the United States can exercise no powers not granted by the Constitution ; and so far as this government can support such as it claims on this charter, it is sovereign, and has no other controul than its own discretion. The government of each State is equally sovereign with respect to every power of an independent State, which it has not delegated to the United States, or is not prohibit- ed to the several States by the Constitution. Itis . the duty of the government of each State to pre- serve unimpaired every right and authority, retain- ed by the State. Whether the militia, the pecul- iar force of the several States, and that which is to protect and defend every right and power they possess, is called forth by the United States ac- cording to the provisions which they made, in del- egating to this government its powers, must be a VOL. III. 29
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question between two sovereign and independent governments ; and on which there is no tribunal authorized to judge between them. And if the Governors, who are the Commanders in Chief of the militia of the several States, should surrender this force to the United States, in a case not au- thorized by the Constitution, they would betray the trust confided to them by the people of their respective States. 'They must, therefore, exam- ine the case, when called upon, and decide accord- ing as their duty, prescribed by the Constitution of the United States and that of their particular State, shall demand.
" The militia is a force which belongs exclusive- ly to the several States ; and is so recognized by the Constitution of the United States. The gov- ernment of the United States is a government of limited authority, and has no other powers than those granted by the Constitution. A power to call out the militia to provide for the common de- fence, or to protect against invasion, is no where granted to the United States, in express terms. All the authority of the United States over the militia is to call them forth to repel invasion, to execute the laws, and to suppress insurrection. 'The United States are bound to provide for the common defence. To repel invasion is included in this duty ; and as invasion may be sudden, even in time of peace, and before the United States can bring their forces to meet an unexpected attack, the militia of the several States are granted to the United States from the necessity of the case, that they may provide for the common defence, in such a particular situation."*
* Mr. Gore quotes Mr. Madison, as saying, " that the pow-
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When the Legislature passed a resolution, ap- proving of the proceedings of the Convention at Hartford, they voted to send agents to the federal government, to represent the exposed situation of Massachusetts, and the feelings of anxiety and apprehension, which agitated the people ; the great expenses to which the State had already been sub- jected ; and to solicit of the administration of Congress the means of future protection, as well as a reimbursement, in part, of what the Common- wealth had then advanced for the defence of the country. This was in pursuance of the recom- mendation of the Convention. The measure was also necessary to tranquilize the public mind. For if the war was to be prosecuted another season, and the general goverment afforded no means of defence to the State, the great body of the citizens would be liable to be called into service, as mili- tia, to save the Commonwealth from depredation and plunder. Three distinguished and patriotic citizens were accordingly appointed to proceed to the seat of the general government, for this pur- pose. But the intelligence of peace was received by the administration, about the time the agents from Massachusetts reached the city of Washing- ton
A vote of thanks was passed, by both branches of the Legislature of Massachusetts, during this
ers of the federal government are no farther valid, than they are plainly authorised by the Constitution, and that in case of the exercise of other powers not granted by that compact, the States have a right and are in duty bound to interfere-nor can it be granted, that a power to act on a case when it shall oc- cur, includes a power over all the means that may tend to pre- vent the occurrence of the case."
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session, to General Andrew Jackson, of Tennes- sec, and to his brave associates, for the defence of New Orleans, when attacked by a large British force on the eighth of January. This was consid- ered a very brilliant affair, and commanded the plaudits of all parts of the country. General Jackson's force was small, and consisted chicfly of militia. His conduct on the occasion was high- ly commended, as well for the good judgment as
for the bravery it displayed. Governor Brooks probably referred particularly to this event, when he observed in one of his public speeches, with re- spect to the war, " that it terminated gloriously."
The intelligence of peace, which was received in Boston about the middle of February, gave great joy to both political parties, and to all class- es of people. It went far to allay the bitter dis- putes which had arisen in consequence of the war, and of the policy which led to it. The particular friends of the national administration rejoiced at the return of peace, though it had failed to obtain from Great Britain the objects for which war had been, ostensibly, waged ;* and which, it had been said, with more of a spirit of boasting than of wis- dom, must be secured before it would be termina- ted. But the state of Europe, as well as of the United States, made it the policy of the federal government to solicit peace. The debt of the United States had much increased, (in about the sum of $150,000,000) and the revenue being
* Mr. King said in the Senate of the United States, when the treaty of Ghent was under discussion, that though it was preferable to a continuance of the war, it was less favourable than that made by Pinckney and Monroe in 1808, which Presi- dent Jefferson rejected, without even presenting it to the Senate.
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greatly diminished the credit of the nation, was con- sequently, very low. The people generally called carnestly for peace ; and in a frec and popular gov- ernment the rulers cannot stand long in opposition to public opinion. Peace to the great majority of the citizens, will always be preferred to war, un- less the terms are very humiliating and inglorious, or involve a relinquishment of the rights and inter- ests of the nation. The merchants were happy in having an opportunity to resume their enterprises, and their intercourse with foreign countries. This, indeed, they were not able to do to the extent of former periods. The commercial restrictions had been so -severe, so general, and so long contin- ued, that navigation received a shock from which it did not soon recover. The mechanics and farmers received encouragement for their labor, and were again well rewarded for their products and their industry.
But however inexpedient the war might have been, or however unwisely conducted by the ad- ministration, the American character for patriotism and bravery, lost nothing by this calamitous event. Though it continued only two years and an half, the land and naval forces of the United States gained great credit for their courage and heroism. In the battles on the land, perhaps, the American troops had not altogether so much to boast ; and yet in many instances they displayed great bravery and military skill. But the naval commanders gathered laurels in every clime. They often en- countered ships of the enemy larger than their own; and were almost invariably victorious. The Brit- ish never before met so resolute and brave a foe on the ocean. The courage and prowess exhibited by
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the American navy, both in the war of 1812, and that for liberty and independence, have given to it such a high character, that no foreign nation will, probably, hastily engage in a contest with the Uni- ted States. Much credit might also be claimed for the militia of Massachusetts, who marched to places of danger, whenever ordered by their offi- cers, without hesitation or delay. In the course of the war, the whole number called out, in Mas- sachusetts, was estimated at 45,000 ; but most of them were in service only for a few days or weeks: and far the greater portion of them in the months of July, August, September and October 1814. The expense incurred by the Commonwealth for pro- tection against the enemy, during the war, by its militia and military stores amounted to $800,000.
When the news of peace arrived, the General Court of Massachusetts was in session in Boston . and both branches joined in celebrating the joyful event, by attending public religious service, in which the Chaplains of the Legislature were re- quested to render thanks to Almighty God for the restoration of peace ; by a procession in which they were joined by all classes of the citizens of that ancient town; and by a sumptuous feast af- terwards in Fancuil ITall .*
The war of 1812 proved the occasion of increas- ing the manufacture of woollen and cotton cloths in Massachusetts. During the war, the non-in- tercourse and the embargo, these goods bore a very . high price ; and many of the citizens were induced to engage in the manufacture of them within the
* It has been pleasantly said, that the citizens of Boston nev- er have a great meeting, but they connect it with a good dinner.
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State. At the session of the General Court, Jan- uary 1815, twenty four companies were incorporat- ed for the manufacture of woollen or cotton cloths ; but chiefly the latter. In some instances, this was an unfortunate enterprise; but the general govern- ment afforded all the encouragement it could con- sistently give to domestic manufactures ; and in the following year the business greatly increased.
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CHAPTER XIV.
Governor Strong re-chosen in 1815 ..... Extracts from his speech to the Le- gislature ... Answer of the House of Representatives ... Their opinion of the authority of the State ..... Laws passed in 1816 ..... Message of the Gov- ernor in January ISIG ..... He declines being a candidate for re-election. General Brooks chosen Governor ..... Sketch of his character ..... Extracts from his first public speech to the Legislature, June, IS16 ..... His views of the Constitution approved ..... Choice of Electors of President and Vice President of the United States ..... Separation of Maine proposed ..... Agents appointed to present claims to Congress.
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