USA > Massachusetts > History of Massachusetts from the year 1790, to 1820. v. 3 > Part 16
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22
Governor Strong expressed an ardent wish, this year, to retire from the public office he had so long held. He was now nearly seventy years of age ; and he had never been very ambitious of political life. After much solicitation from his particular friends, however, he consented once more to be a candidate for the office of Chief Magistrate of the Commonwealth, and he was re-elected Governor for 1815, by a large majority of votes .* His elec- tion this year, as well as for the three years of the war, was a sure indication of the wisdom of his public course during that very critical period, in the opinion of the great body of the people. His
* The votes of the democratic party were given for Mr. Dexter ; but it was said he did not consent to be a candidate in opposition to Governor Strong.
233
policy and measures were assailed, indeed, by a portion of the people, with severity and bitterness. The conduct, which was most condemned, was his withholding the militia, on a requisition for them, by the military officer of the United States' army, at a time when there was no invasion of the State, and none imminently threatening, and who propo- sed, also, to march part of them out of the State, and to station others in the forts of the United States ; a service, which it was believed the mili- tia were not bound to perform, and to compel them to do which would be a violation of their constitu- tional rights.
In thus declining to place the militia under the controul of an officer of the United States, the Governor assumed the right, as Chief Magistrato of the State, to judge of the exigency of the case, and to construe the Constitution for himself. As there was no invasion, in June, 1812, when the militia were called for, and no immediate danger of invasion of the State, he did not consider him- self bound by the Constitution to order them out on the requisition of that officer. Admitting that the Governor did not intend to embarrass the na- tional administration in prosecuting the war, still it was contended by some eminent Statesmen, that he was not correct in his opinion respecting the militia. But the doctrine advanced by Governor Strong, at that period, has been more recently avowed and contemplated by the Legislatures of other States. By those of Virginia, South Caro- lina, and Georgia, the right has been asserted of deciding what is the meaning and intent of the Constitution.
That the doctrine advanced by
VOL III. 30 Governor
T
934
Strong, in 1812 and 1814, while the war continu- ed, was agreeable to his deliberate and settled opinion, is evident from the following remarks in his speech to the General Court in June, 1815, af- ter the war had terminated. "In the course of the war, the government of this State endeavored to conform its conduct to the principles of the Constitution, and faithfully to execute the duties enjoined by that instrument. Whatever complaints have been made of the construction we gave it, whether relating to the command of the militia, or the right of the national government to force the citizens into the ranks of the regular army, I think the experience and reflection of future times will confirm the correctness of our expositions ; and I presume, that the members of the present general government would have adopted the same con- struction, at any period during the administration of the two first Presidents of the United States. Severe calamities are always incident to a state of war ; but that state is still more to be depreca- ted, if it shall be understood to furnish the govern- ment with an excuse for adopting measures sub- versive both of civil and political liberty."'
In their answer to the Speech of the Governor, the House of Representatives remark, "We pre- sume it will not be denied, that, in the measures taken by the government of this Commonwealth during the late war, it was intended faithfully to execute the duties enjoined by the Constitution, and to be governed by its principles, according to a sound construction thereof. The course adopted has been attended by the most favourable results, and by the saving of great and useless expenses to the nation. It has also received the decided ap-
235
probation of the people, as expressed in their elec- tions ; and we may cheerfully leave to the impar- tial judgment of future times to decide, whether the exposition of the provisions and principles of the Constitution, given by your Excellency and sanctioned by the other departments of this gov- ernment, is not the most consistent with the pur- poses of that instrument, as well as the most fa- vourable to civil liberty."*
* The course pursued by the Executive of the United States in 1793, when the State of Georgia was expecting an attack from the Cherokee Indians, and applied to the general govern- ment for aid, may serve to exhibit the views which the adminis- tration had respecting its power over the militia. The Chero- kees had manifested a hostile disposition towards the inhabi- tants of Georgia, and a formidable attack was apprehended from them. The Governor stated the dangerous and exposed condition of the frontiers of the State to the federal rulers, and requested protection. There were then very few or no regular troops in that part of the Union, and the President authorized the Governor to call out the militia for the defence and safety of the State, with a promise of payment for the service by the national government. The Governor was cautioned against all offensive operations, but the propriety of being prepared to act on the defensive, if the State should be invaded, was sug- gested to him. He was informed, by direction of the Presi- dent, "that, in case of invasion, or imminent danger of inva- sion only, the calling out of the militia could be considered proper, on constitutional ground ;" and that " he was to judge himself of the degree of danger and of its duration, and would, no doubt, proportion the means of defence to the exigency." The Secretary of War, in his letter to the Governor of Geor- gia, uses this language also-" the men must be called out in conformity to the militia laws." The case of actual invasion of Georgia must be referred to the provisions of the Constitu- tion ;" but " the proceeding with efficacy in future requires, that no unnecessary expense should be incurred in the mean- time." The Governor of South Carolina was also requested, by the President, "that, if Georgia should be invaded, and the Governor of Georgia wish his aid for defence, to march such
+
236
'The Governor, in his Speech to the Legislature, and each branch, in its answer, expressed the opin- ion, that the professed objects of the war had not been obtained ; but still, that peace on the condi- tions stipulated was far preferable to war; and . therefore that the treaty ought to be acceptable to the people .*
The debt of the State, due before the war, amounted to $550,000; and the expenses of the war had added $S00,000. The Commonwealth, however, had some funds at command, and a large quantity of wild lands in Maine. The Governor recommended economy in the public expenditures, and attention to the credit of the State. A law was passed, providing for the appointment of Com- missioners of wrecks ; for it was found that much property was lost, when vessels were cast away upon the coasts, for want of attention and care ; and also an act regulating the inspection of beef and pork, large quantities of which were exported from Massachusetts; and it was important, for the honour of the State, as well as for the perma- nent benefit of those concerned in the business, that the articles should be faithfully inspected.
part of the militia of his State as he might judge necessary, and the case require for assistance." Here seems to be an admission, that the Governor of the State was to decide upon the question of the necessity of the service, and also, that no expenses were to be incurred, nor militia ordered into service, except in case of actual invasion. And by the law of Congress iu 1792, providing for calling out the militia to suppress insur- rection, &c. the President was authorised to issue his orders for them simply " to repel invasion, and to give his orders to an officer of the militia."
* See the Appendix for the answer of the Senate and of the House of Representatives.
237
In the following remarks of Governor Strong, in his Message to the General Court, January 1816, the sentiments of wisdom and experience will be readily perceived. " Within the last three years, more than one hundred acts have been passed to incorporate persons for the purpose of carrying on manufactures of different kinds ; in some of these, children are employed at an early age, before they have received the education which is usual in our English schools : And it may be expedient for the Legislature to require that effectual measures be taken for the instruction of such children. The careful education of youth is an object of the high- est importance, as well to the government, as to every individual : A due regard to it is the most effectual method to prevent the commission of crimes, and to uphold order and just authority. At this period, when they are most susceptible of virtuous impressions, if they are left without culti- vation or restraint, they will entail upon their coun- try an endless series of mischiefs. But if their minds are enlightened by education, as they ad- vance in life they will duly understand and estimate their rights ; they will be able to judge of the true characters of men, and to distinguish between the honest zeal of patriotism and the intemperate heat of party spirit ; and will acquire such information as will enable them to exercise the rights and per- form the duties of citizens in a free government, with steadiness and discretion.
" From the case with which new regulations may be introduced, perhaps, we are in danger of treat- ing the ancient forms and usages of the State with too little respect. The people, generally, have an attachment to laws and customs which have long
.
.
1
1
1
238
been established, and conform to them more from habitual regard, than through fear of punishment. Unnecessary additions to their number, or frequent alterations, would diminish their authority, and lay a foundation for a multitude of litigious suits. While, therefore, we encourage a spirit of genuine improvement, let us do justice to the usages, which we and our fathers have approved, and guard against a temper of unceasing innovation-Let us cherish those principles of government and those systems of education, which have been derived to us from our ancestors ; and especially, the institu- tions, which have a tendency to preserve in the minds of the people that reverence for the Deity, without which neither public nor private virtue can subsist nor the welfare of a community besecured."
In this communication of the Governor, he gave public notice that he should decline a re-election. The people, generally, regretted this determina- tion ; for they had full proof of his prudent judg- ment, and of his devotion to their best interests. But he was now, about seventy years old, and he considered it proper to retire from the cares of pub- lic life.
When Governor Strong retired from the chair of Chief Magistrate of the Commonwealth, Gener- John Brooks was chosen to succeed him. General Brooks was respectable for talents, and was re- markably conciliating and popular in his manners. But on great occasions, he was very decided and independent in his conduct. He did not, usually, form an opinion on subjects of a public nature, with- out much inquiry and deliberation : But when he had taken proper time for consideration, he was resolute to pursue the course dictated by the con-
939
viction of his own mind. He belonged to the par- ty, then usually called federal ; and in this, he believed he was adhering to the political principles of Washington, for whose character as a statesman and patriot, as well as a hero, he had the highest respect and admiration. Many important offices, both civil and military had been filled by Governor Brooks, with great fidelity and to the entire satis- faction of his fellow citizens. During the war of the revolution, he commanded a regiment raised in Massachusetts for the continental service. He was active and brave, and particularly excelled as a disciplinarian. On several occasions, in the war of the revolution, he displayed both the courage and the intelligence, which are necessary to give one a high reputation as a military character. After the war, he was some time Major General of the mili- tia, and Marshall for the District of Massachusetts, under the federal government. He was a member of the State Convention for adopting the Constitu- tion of the United States ; a Representative and Senator in the Legislature of the State; and a member of the Supreme Executive Council, during the administration of Governor Strong. In the critical period of the war of 1819-15, he was also Adjutant General of the militia of the State, and in his judgment and efficiency the Governor had the most perfect confidence. When he was first elected chief Magistrate, in 1816, he had a power- ful rival in Mr. Dexter, who was also a candidate for that office. The election of General Brooks was proof, therefore, of his great popularity. These two distinguished citizens did not differ, materially, in their political principles or views. They had in- deed, long been of the same political sentiments ; and
1
1
240
differed only, if they differed at all, in their opinion, as to the duty of voluntarily aiding and supporting the national administration in the war, then just terminated. Mr. Dexter seemed to be of the opin- ion, that the States were bound to support the ad- ministration in the war, because it had a right to make war, without inquiring whether the measure were just and expedient, or not, and that it must take the responsibility both of declaring and of conduct- ing it-But General Brooks belonged to that class of citizens, who believed the Governor and Legis- lature of a State had a right to control the militia, except in the cases specified in the Constitution ; and that the State rulers must also judge of the ex- igency of the occasion; as otherwise there was no check for the exercise of the most arbitrary and oppressive power, and no security for the rights of the citizens, who were liable to be enrolled and called out as militia.
In his speech to the Legislature, when Governor Brooks entered on the duties of Chief Magistrate, he observed-" The institution of civil government is essential to human happiness : Without govern- ment, existence would cease to be a blessing. But as we can discern no ground in nature for the as- sumption of a right in one individual to control the actions of another, we conclude that all men are originally equal ; and therefore that legitimate government must be derived from the will of the people. However little the existing governments of the world may correspond with these positions, we have the satisfaction to reflect that Massachu- setts and her sister States, separately and conjoint- ly, have realized and are now enjoying the right of self government.
941
" The people of this State have been favoured by an indulgent Providence with an opportunity of framing for themselves a constitution of govern- ment upon the broad basis of equal rights : and we may be permitted to exult in the reflection, that the great questions involved in forming a system of rules, which must last indefinitely for ages, were discussed with a degree of intelligence, and a spirit of candour and mutual concession, which mark the period of an age of wisdom and virtue. Power was imparted to public agents with cau- tion, and in every practicable instance limited with precision. Such concessions, however, were made in favour of delegated authority, as promised to insure tranquillity, and a due execution of the laws. It is obviously one of the leading objects of our Constitution, effectually to counteract the tendency of office to accumulate power, and so guard against an abuse of delegated trust. Prin- ciples are immutable ; and our system is so framed as to leave as little as possible to construction. And it is our happiness, to have our lot cast under a system of government formed upon these princi- ples. 'This system, being the ordinance of the people, and enacted by them in the exercise of their natural and underived right of self controul, justly and imperatively claims to be the supreme law of the land.
" It is foreign to my intention, as it would be to the occasion, to attempt an analysis of the Consti- tution. But such provisions of that instrument, as are vitally important to the public happiness, can- not be too frequently brought into view and im- pressed, upon the public mind. A sense of the value of first principles ought to be carefully cul- VOL. III. 31
1
1
1
242
tivated. Avarice and ambition wage eternal war with equal rights and public liberty. This was the doctrine of our fathers, founded in the nature of man ; and it is the doctrine of the Constitution illustrated by the unequivocal testimony of expe- rience. Virtue is the great conservative of repub- lics ; and coincident with other profound views de- veloped in the Constitution, and as auxiliary to their attainment, that instrument assigns an eleva- ted rank to moral and religious principles. The happiness of the people, the good order and pres- ervation of civil government are declared essen- tially to depend on picty, religion, and morality ; and wisdom and knowledge as well as virtue are considered necessary for the preservation of the. rights and liberties of the people.
" The Constitution of the United States is with- out precedent and without parallel. In its com- position and form, it partakes of the federative character ; but from the extent of its fiscal, exec- utive and other powers, possesses the essential prerogatives of an integral government. The con- federation was a government of courtesy .. The national interests demanded one of efficiency and. coercion. The just mean between a too limited and an indefinite grant of power was assiduously sought, and the result cheerfully submitted to the test of experience. The national compact, like the constitutions of the individual States, is an emanation from the same pure and legitimate source ; and the spirit of freedom which pervades and animates the State constitutions, is carried in- to the national pact, and all powers not expressly. given, are declared to be retained by the people or the States. 'This distinct reservation of rights,
243
besides being a condition, without the introduction of which, the constitution would never have been adopted, forms a check upon the powers vested in the general government. The sovereignty of each State, though reduced from its original amplitude, has been viewed by the most illustrious Statesmen of our country, as forming a most safe and effect- ual counterpoise to that mass of power inhe- rent in the Constitution of the United States, and which is indispensably necessary for the general welfare. Whatever apprehensions may have been entertained at any former period, of the operations of the national government, the people of this Commonwealth have but one sentiment, as to its continuance. Massachusetts will be among the last to impair the Union of the States, as she would be the last, silently, to ABANDON HER OWN JUST RIGHTS. "
He referred to Manufactures and to the Tariff for their encouragement, then recently passed by Congress, in the following manner. "The distress which some of our manufacturing citizens have experienced from the changes, which have recently taken place both in Europe and in America, are undoubtedly great, and excite our sympathy. In adjusting their new tariff of duties, Congress may have done as much for their relief as a due regard to justice and the good of the community at large would allow."
All parties approved of the Speech of Govern- or Brooks ; and acknowledged that his principles and views were truly republican. When he was first proposed as a candidate for Chief Magistrate, an apprehension was expressed, by some eminent civilians, that he was not perfectly qualified for that
.
244
high station, as he had not received a legal educa- tion. But his public papers soon convinced every one, that he was well acquainted with the princi- ples of the Constitution, and fully competent to the discharge of his political and public duties. He was cool, judicious and discriminating. Han- cock and Adams were not educated lawyers, though they had been much in civil life when elect- ed Chief Magistrates.
The Electors appointed by the Legislature in November of this year were of the federal party, and all gave their votes for Rufus King of New York for President, and for John E. Howard of Maryland for Vice President. But James Mon- roe of Virginia was elected by a very large ma- jority.
During this year, petitions were presented to the General Court, from a great number of towns in the District of Maine, for the separation of that part of Massachusetts, and for forming it into an independent State. 'The petitions were so nu- merous that the Legislature considered it prop- er to submit the question to the citizens of that part of the Commonwealth ; and to provide for a Convention to be holden at Brunswick, to exam- ine the votes given in. The resolve for this pur- pose, required more than a bare majority, viz. the ratio of five to four, or 5 9ths. The votes given in favour of a separation were not equal to that ra- tio. The Convention, however, by a strange cal- culation, decided in favour of the separation. But a remonstrance was made against the propriety of this decision of the Convention ; and the General Court, in November, expressed an opinion, that the vote did not authorize a separation, according
945
-
to the terms of the former resolve on the subject. There was a bare majority of those who voted in favour of a separation. A few years after, the vote was such as to induce the Legislature of Massa- chusetts to sanction the measure.
At the session of the General Court in Novem- ber and December, all the public business of im- mediate importance was transacted ; and no meet- ing of the Legislature was holden in January and February following. Early in 1817, in pursuance of authority previously given by the Legislature, the Governor appointed agents to present the claims of Massachusetts on the United States, for expenses incurred in calling the militia into service for the defence of the country, during the war of IS12. The amount exceeded $800,000. Objec- tions were made, on the part of the national ad- ministration, to the allowance of the claim; not because the service was unnecessary, or the ex- penses extravagant ; but because the militia were not put under the controul and command of a mil- itary officer of the United States. The reasons which operated with the Executive of Massachu- setts against a compliance with the requisitions for the militia in all cases, have already been fully sta- ted ; and this non-compliance was the ground on which the general government refused to reimburse the sums expended by Massachusetts in defence of the State. The merits of the claim were sta- ted and urged with great ability by the agents, Messrs. Lloyd and Sumner. They stated the dif- ficulties which arose in ordering out the militia, at the time and in the manner proposed by the United States' officer ; the constitutional scruples of the Governor, and the remonstrances of the militia
---- - ----
-
---
246
themselves. It was also shown, by the agents, ' that the militia of the State were equipped and kept in a state of constant preparation, and were called out when there was an invasion or alarm ; and that the service they rendered was not only such as could justly be required of militia, but was prompt and efficient in defence of the State, and even in protecting the property of the United States which was within its territory.
247
.
CHAPTER XV.
Governor Brooks re-elected in 1817 ..... His speech to the Legislature, at the commencement of the session ..... Visit of the President of the United States to Massachusetts ..... His reception by the Governor and by the people ..... Attempts to settle the eastern boundary line ..... Speech of Governor Brooks in June 1818, on his re-election ..... His attention to the militia and to the State Penitentiary ..... The separation of Maine ..... Number of inhabitants ..... Governor's advice to maintain the credit of the Commonwealth ..... To encourage industry and economy.
Governor Brooks was re-elected in 1817, by a vote of eight thousand majority. General Dear- born was the rival candidate. It was not generally expected that there would be any opposition to- Governor Brooks. For the democratic party had approved of his political principles, as expressed in- his public speeches ; and all acknowledged that he was liberal and conciliating in his conduct. The- following extracts from his speech to the General Court, in June 1817, will show how justly he ap -- preciated the political and social blessings enjoyed by the people, under the excellent Constitution of ..
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.