USA > Massachusetts > History of Massachusetts from the year 1790, to 1820. v. 3 > Part 17
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the. State.
" Without extending our views to the general: history of man or of governments, the annals of our own country,. the migration and settlement, the character and manners, the political and religious
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principles, and the literary institutions of our fa- thers-the rise, progress, and termination of the momentous question between Great Britain and her colonies, now the United States of America, as to the right of parliamentary taxation-the origin, structure and establishment of our system of juris- prudence ; open various and prolific sources of instruction to the Legislature, and of proud satis- faction to the American patriot.
" Annual elections and frequent meetings of the Legislature, being designed to perpetuate the prin- ciples of a free constitution in their purity and vigor, and to promote in the highest possible degree, the general welfare of the State, it seems higly proper, and auxiliary to these ends, that the attention of the Legislature should be frequently directed to inquiries into the competency of the laws for se- curing to the people their political and elective rights ; and whether they obtain, what the Consti- tution assures them, " right and justice, without purchase, without denial and without delay."
" Massachusetts has always been respectable among her sister States. And while she retains the spirit and is governed by the principles of her political, religious and moral institutions ; while her schools and seminaries of learning are support- ed ; while science and the useful arts are cherished; her love of justice, and habits of industry and econ- omy are maintained ; she must continue to com- mand the respectful consideration of the civilized world.
"The Commonwealth, to the mild and beneficent influence of whose Constitution and laws we are indebted for our civil privileges, the secure enjoy- ment of the rights of conscience, and whatever is
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dear to us in domestic life, claims our first fealty and homage. And I may add, that the people in the several States will most efficaciously perpetuate the system of national government, by preserving the solidity and strength, and by maintaining the erect attitude of the pillars, upon which the vast and lofty superstructure is erected."
In the summer of 1817, Mr. Monroe, the Presi- dent of the the United States, then recently elected, visited Massachusetts and the other eastern States. The event excited the more attention, probably, be- cause no other President but Washington had made a tour through these States. As Mr. Mon-
roe was one of the administration in the time of the war, there was not any political predilection for him among the majority of the people of Massa- chusetts. He was received, however, with great public respect and parade; and his visit had the happy effect of producing a mutual regard between him and the citizens of New-England. : The at- tentions and courtesies of Governor Brooks towards the President were honorable to himself, and duly appreciated by Mr. Munroe. This visit of the President led many to express a wish, that the in- tercourse between the citizens of the southern and castern States might be more frequent, as it would conduce to a greater political harmony and good fellowship than had existed for several years be- forc.
In 1817 a fresh attempt was made to settle the boundary line between Maine, (then a part of Mas- sachusetts) and New Brunswick. There had been a dispute on this subject even from the peace of 1783 ; and commissioners were early appointed to adjust it. It was not settled, however; and after VOL INI. 32
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the treaty of Ghent, agents were again appointed to ascertain and fix the boundaries.
The territory in dispute between the United States and the British Government is very large. There is now no question as to the true St. Croix river, which is the place of beginning for the boun- dary line. It relates to the point where a western or southwestern direction should commence. The decision has been referred to a friendly power in Europe, the King of the Netherlands. He will decide impartially, no doubt, but much will depend on the intelligence and ability of the persons em- ployed by the two governments, to state the case to the royal umpire.
It was agreed by the American and British com- missioners, about this time, that Moose Island, on which Eastport is situated, was within the territo- ry of the United States; and it was accordingly surrendered by order of the English government. Being within the limits of Maine, which was then a part of Massachusetts, it was taken possession of by the authority of the State ; and an agent on the part of Massachusetts, as well as of the United States, was present at the surrender. The British took the place during the war of 1812, and retained the possession after the peace, on the pretence, that it was within the limits of New Brunswick.
The political opinions and feelings of the majority in an elective government cannot be more correctly represented, generally, than by a reference to the public declarations and views of the individual, whom they have chosen to be the Chief Magistrate of the Commonwealth. There is a propriety, therefore, in quoting a part of Governor Brooks' speech to the General Court, on his re-election in
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ISIS, although large extracts have been before given from his speeches for 1816 and 1817.
Referring to the claim. of the Commonwealth on the United States, for expenses incurred in the late war, he observes-" Although the merits of the claim have not been discussed in the national Leg- islature, yet, considering the nature and magnitude of the object, for which the expenditures were in- curred ; the danger of menaced invasion at the time when the greatest portion of the expenditures were made, on a maritime frontier of more than 500 miles in extent ; the remarkable unanimity of sentiment which prevailed among all classes of people, and the cordiality and zeal with which they united, in raising works of defence against the common enemy ; and especially, the liberal and unhesitating manner, in which the resources of the State were employed, as well for the protection of the ports, navy and other property of the United States, as for the immediate defence of its own terri- tory and population ; we may confidently presume, that the general merits of the claim will be duly ap- preciated ; and that the enlightened statesmen, to whom are confided the destinies of our nation, will authorize a reimbursement.
* The chief objection of the national administration (which has already been noticed) to a reimbursement of the sums ex- pended by Massachusetts, for defence in the war of 1812, was, that the Executive of the State declined calling forth the militia, when requested by an officer of the United States and subject- ing them wholly to his disposal-For the Governor could be charged with no more than this. But when there was actual invasion, or when there was imminent danger of invasion, he called out the militia, as proposed by the officer of the regular army, and in some cases placed them under his command -- And when there was no request from such officer, but danger exist-
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" Whatever agency Massachusetts may have had in establishing the national government, or howey- er great her sacrifices or valuable her contributions, in supporting its existence and efficiency, in the spirit of amity and accommodation which produced the compact, we concede that she enjoys an equiv- alent. And in estimating and enumerating her contributions and various efforts for the public de- fence, she asks only the same measure of justice and equity, which has been observed, for similar expenditures, towards her sister States.
"That the Constitution of the United States has been productive of the most beneficial effects, that the blessings resulting from it have transcend- ed the utmost hopes of the sages who formed, and of the States which adopted it, are subjects of high gratulation and joy, and of devout gratitude to that Being, ' who rules among the nations of the earth.' But to insure the continuance of its blessings, the principles upon which it was found-
ed and the people were alarmed, he did also order them into service for the protection of the State. Under similar circum- stances and exigencies in other States, the militia were ordered out, when there was no requisition from any national officer, and the expenses reimbursed by the general government. The power attempted to be exercised by an officer of the United States, over the militia was very alarming to all impartial men. The claim to them was, to call them out at any time, and to order them wherever he might choose : Thus assuming author- ity to decide as to the exigency, and to command the militia precisely as he would regular troops. It was to this claim and this assumption of power, that the Governor and Legislature of Massachusetts objected. The Secretary of War, in 1814, said, " such military officer was stationed in the State to watch the movements of the enemy, and when there was a menace of inva- sion to request the Governor to call out the militia." When re- quested, in such cases, Governor Strong did call them out.
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ed, must be maintained in their purity. The early apprehensions of many of its friends, which arose from an imagined imbecility in its structure, have subsided ; and the severe trials it has sustained, sufficiently demonstrate its tone and vigour. The proofs of its strength, however, have been inter- mingled with admonitions of ils tendency to accu- mulate power by refinement and construction. And should the time ever arrive, when the sove- reignty of the States shall be merged in the gene- ral government, the catastrophe will probably be effected by the extension of constructive preroga tives. Whatever difficulties may occur in drawing the line between those rights, which have been surrendered to the general government and those which are retained by the several States, it must be remembered, that, on any question of doubtful import, touching the distribution of power, a fa- vourable construction is due to the individual States, under a provision, as sacred as it is explicit and decisive, " that all powers not expressly dele- gated, are reserved to the States, respectively, and to the people. "
In his instructions to the agents who were ap- pointed to present the claims of Massachusetts on the United States, the Governor urged the equity and justice of the demand with great frankness, zeal, and fidelity. Ile expressed the same opin- ions, on this occasion, as he had given before, when a member of the Supreme Executive Council of the State in 1812 and 1814. No one was a more sincere advocate for conformity to le- gitimate authority than Governor Brooks ; and if he had been convinced, that the exigency existed, contemplated by the Constitution, which must re-
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ally occur to authorize the demand for the militia, he would have advised and urged to their being put under the controul of an officer of the United States ; knowing that the responsibility for the discreet and proper exercise of power would rest on the national government, or the President of the United States ; and not on the Executive of Mas- sachusetts. But he believed that the constitution- al exigency did not exist, when the militia were first called for by the United States' officer, nor on some other occasions, when a request was made for them. In 1814, he did advise to placing them under command of the officer of the national gov- ernment ; and that they were not put under his authority, conditionally, was not that it was oppo- sed by General Brooks. But he well knew, that the service was performed by the militia which was proper for them to render, for the defence of the State ; and that this was at a time when the fede- ral government provided no means of protection against the attacks of the enemy. Ile was not ambitious of engaging in a controversy with the national rulers, on this point, although it was his decided opinion, "that it was inequitable in the general government to refuse payment." When it was suggested to him that some conces- sion or apology, publicly or officially made, might have influence with the national administration, he declared, " that he could not sincerely, and there- forc should not make any.'' Many others; in his situation, either for the sake of popularity or gain, might have consented to make concessions, contrary to their own convictions of right ; and even to crim- inate the virtuous and patriotic citizens of the State, for party purposes.
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Governor Brooks took a particular interest in the Penitentiary of the State. He approved of the establishment, and believed, that, with judi- cious regulations, and an energetic, but humane government, it would prove a benefit to the commu- nity, by depriving culprits of the power and oppor- tunity of doing mischief, and by effecting, in some instances, the reformation of the offenders. He often visited the prison ; and made very minute inquiries of the immediate officers ; and he never ceased to urge upon the Legislature the importance of alterations and improvements, with a view to more salutary results ; especially, to the criminals, in giving them an opportunity, by solitary confine- ment, during the night when their labors were sus- pended, for sober reflections and resolutions of amendment. In this he had to combat the objec -- tions of many members of the Legislature, who pretended that the system was a bad one ; and that the criminals who had been confined in the prison, departed from it, when the time of their sentence expired, more depraved than they entered it. 'This. was a hasty opinion, not founded in a due consid- eration of the condition of the culprits, while in the prison. The rooms were so few, that generally, six or eight were confined to one for the night. It was the opinion of the Governor, and in this he was supported by the immediate officers in the Penitentiary, that it would be a great improvement to have a room or cell for each convict, to which he should be confined during the night : and to effect this, an additional building would be neces- sary. Several years after, it was voted by the- General Court, that a new building be erected, to. carry into effect the plan of solitary confinement,. when the prisoners were not engaged in labor.
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. During the civil year 1818, various laws were enacted amendatory of former statutes, and rela- ting to the internal affairs of the Commonwealth. One of these was to prevent the waste of timber trees ; one for the more strict regulation of licens- ed houses ; one against forgery and counterfeiting ; one for the punishment of robbery, manslaughter, and felonious assaults. Acts were also passed for the encouragement of agriculture and manufac- tures, of trade and navigation ; for regulating the practice of Physic and Surgery within the State ; and for defining the powers and duties of Corpora- tions. These legislative acts were indicative of a spirit of improvement in the people, and of a dis- position in the government to afford all legal facili- ties to advance the interests of society.
Governor Brooks was elected for seven years, successively ; and in all his public conduct he was judicious, conciliatory and magnanimous. Many of the democratic party esteemed and supported him. He was not exclusive in his appointments to public office, nor did bis policy and measures give any just occasion for his political opponents to say, that he conducted as the head of a party. The course he pursued had a happy tendency to check party feelings, and to induce the citizens generally, to act more in concert on public busi- ness, than they had for several preceding years. If it is necessary to give him a party appellation, - it must be that of a uniform federalist during his public, political career ; but no man in the State or nation, whatever might be his professions or his pretensions, was more attached to a republican government, or more readily subscribed to the doc- trine, that all civil and political power emanated
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from the people. The regulation, the equipment . and discipline of the militia, received the particu- lar attention of Governor Brooks. With other in - telligent Republicans, he considered the militia the most proper defence of the country; and their efficient organization was with him a matter of pride and solicitude. HIe reviewed them in all parts of the State in IS17 and ISIS ; and his pres- ence excited a spirit of laudable emulation. As commander in Chief of the militia, he excelled all who preceded him in the Commonwealth, subse- quently to the revolution.
During Governor Brooks' administration, the militia laws were altered, so that those above the age of thirty-five years were exempted from the public trainings ; but those under the age of forty-five were required to pay two dollars a year, and to attend the annual meeting in May, for in- spection as to their military equipments. They were also permitted to vote for the election of offi- cers. A uniform was required for the militia to be prescribed by the Commander in Chief, on the condition that it be cheap and simple. This regu- lation had been suggested by the Governor: for he thought it would add to the appearance, and would not much increase the expenses of the mili- tia.
The question of the separation of the District of Maine from Massachusetts was again agitated in 1819 ; and the members of the General Court engaged to give their assent to the measure, on certain specified conditions, relating to public lands ; provided also, that the majority of the cit- izens in Maine in favour of separation should be fifteen hundred. On giving the votes on this sub- VOL. III. 33
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ject, the majority for forming Maine into a sepa- rate State far exceeded the number required ; and in September a Convention of Delegates from the several towns in that part of Massachusetts was holden, when a constitution or frame of govern- ment was prepared; which afterwards received the approbation of the people. Congress having also given its consent, the District of Maine be- came a separate independent State in 1890. This measure was effected in the exercise of the most friendly feelings, both by the citizens of Maine and Massachusetts. The territory of Maine is much larger than the other part of Massachusetts; and when the separation took place, it contained nine counties, two hundred incorporated towns, and up- wards of 290,000 inhabitants .* When the gov- ernment was first organized, and for several suc- cecding years, the Legislature held its meetings at Portland.
At this period, the finances of the State were in a prosperous condition. The tax was $133,000, besides a sum to reimburse the pay advanced to the members of the House of Representatives. In the carly part of the year, the treasurer was au- thorised to borrow $50,000, to meet the expenses and pay the demands on the government, but he had no occasion to obtain the loan. A part of the debt of the State was also paid off, during this year. The Commonwealth had some debts standing against it ; but it had, also, stock of the United States and other credits to overbalance all claim upon the treasury. In referring to the financial concerns of the State, the Governor recommended
* Massachusetts contained 520,000, at that time.
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attention to its resources, and urged the impor- tance of maintaining the public credit, by having the treasury always in sufficient funds to meet pay- ments with promptness, and without a resort to the expedient of borrowing. He also suggested the propriety, when all the debts of the State were paid, of appropriating a part of its income for the encouragement of agriculture, commerce, fisheries and the arts. Agriculture and commerce, he said, were the foundation of all our prosperity. The tonage in Massachusetts, at this time, was one third part of that of the whole of the United States.
Governor Brooks was a great advocate for in- dustry and economy. He lamented the introduc- tion of foreign manners, and of an expensive mode of living. A good education, and habits of fru- gality and industry, he considered essential to the perpetuity of civil liberty, and of the republican institutions of the country. From his speech to the Legislature, on his re-election in 1819, the fol- lowing paragraph is given, expressive of his views as to the fundamental doctrine of free govern- ments, and the importance of carly education and the discipline of Youth.
" Our Constitution is virtually and essentially in the hands and at the disposal of the people. This is not merely the language of the Constitu- tion. It is a doctrine which lies at the foundation of republicanism. And the conservation of our liberties, as defined in our great social compact, is intimately connected with the intelligence of the people. But man is born neither wise nor good. Knowledge and virtue result from instruction and disciplinc. 'The senses of mankind carly and ca-
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gerly seek their appropriate objects of gratifica- tion. The passions, casily excited in childhood, are prone to, and grow stronger by excessive in- dulgence; while the powers of reason necessarily associated with experience in their progress to ma- turity, are slow and late in being fully developed. Hence the danger of habits being formed injurious to society and destructive of individual happiness. Hence the importance of early tuition and moral discipline ; and hence also, the interest which the public has in providing means for cultivating the minds and forming the manners of youth. Agree- ably to these sentiments, the Constitution enjoins it as a duty on the Legislature to cherish the in- terests of literature and the sciences, and public schools and grammar schools in the towns. Should the existing laws be found insufficient to provide for the primary education of children, especially of the poor, prerequisite to their admission into the grammar schools, the deficiency has strong claims upon the Legislature. Our venerated fore- fathers rendered their memories imperishable by their care and solicitude in the cause of learning ; and experience, instead of discrediting their litera- ry institutions, has served to heighten their value."
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CHAPTER XVI.
Convention for alterations of the Constitution ..... Mr. Adams chosen Presi- dent ..... Alterations proposed by the Convention ..... Part approved by the people, and part rejected ..... Proposition to pay Representatives from the public Treasury ..... Electors of President and Vice President of the United States ..... Governor Brooks re-elected ..... His speeches ..... His political opinions ..... His administration ..... Manufactures extended ..... state of so- cicty, of religion and learning.
In 1820, the Legislature submitted the question to the people, whether they would have a Conven- tion to revise and alter the Constitution of the State :# It was then forty years from its adoption. Some alterations, it was supposed, might be made, which would be improvements in the system, al- though there was no material defect in it, and no complaint of its abridging the liberties of the peo- ple. Some had it in view to diminish the number of representatives ; some to adopt a new principle, respecting the choice of the Senators, which was that they should be chosen according to the popu- lation, instead of the wealth of a district or county. The separation of Maine made it proper, also that
* It was first proposed, that there should be two thirds of the citizens in favor of revising the Constitution in order to call a Convention for the purpose. But after some debate, it was agreed to require only the majority.
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some alteration should be made, in apportioning the Senators, or in lessening the number required by the Constitution.
The votes of the people were in favor of a Con- vention, which met in Boston, in November 1890. It consisted of about five hundred members, among whom were some of the most eminent civilians in the State. The Honorable John Adams who had been President of the United States, was unani- mously chosen President of this highly respectable body ; but he declined, on account of age and in- firmity. He was then eighty five years old. Chief Justice Parker was thereupon elected to preside. The Convention was in session about seven weeks ; and voted in favor of several propositions, as amendments or alterations to the original Consti- tution, to be submitted to the people for their con- sideration and approval. This course was in strict and full accordance with the fundamental princi- ples of a republican government, that the people are the source of all political power, and that it is to be exercised agreeably to their will. There was no usurpation, in this measure, on the part of the Legislature, or of the Convention ; and no attempt to dictate to them what changes should be made. It was by the vote of a majority of the citizens in the State, that a Convention was holden for the purpose of digesting and proposing such additions or alterations as it might think proper ; of the ex- pediency and wisdom of which, however, the whole people were afterwards to judge. Whatev- er was proposed and recommended by the Conven- tion, such changes only as the people approved could be valid, and be incorporated with the Con- stitution. Fourteen articles or clauses were adopt-
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