USA > Massachusetts > History of Massachusetts from the year 1790, to 1820. v. 3 > Part 2
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The first object of the federal or general govern- ment, which was organized in April, 1789, was to establish the credit of the United States, by im-
* See former vol. pages 253, 309. 1
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posing duties on all imported goods and products from foreign countries, and by making laws to reg- ulate the commercial intercourse between this and other nations. This was effected with equal intel- ligence and promptitude. And the advantages of this new political order of things were seen and acknowledged by all. With an extensive sea- coast, including many ports and harbours, and with a large portion of its population, accustomed to commercial and nautical enterprises, Massa- chusetts felt the happy change fully equal to, if not more than any other State in the Union. As her commerce was extended and protected, the la- bours of all other classes of her citizens were en- couraged and rewarded. The mechanic found constant and lucrative occupation ; and the far- mer was amply compensated for the fruits of his industry.
'The common class of citizens in Massachusetts, who have always sustained a high character for practical wisdom and good sense, as well as most of her eminent civilians and public characters, were decidedly in favour of the federal constitu- tion ; which, as has been stated, gave new and. greater powers to the general government. They had long been sensible of the evils arising from the want of authority in the Continental Congress ; and they rejoiced to find, that their early experi- ence of its benefits fulfilled the favorable predic- tions which had been made of the blessings to flow from it. The mechanics, particularly, whose em- ployments were greater and more profitable in pro- portion to the enterprise and prosperity of the mer- chants, ranked among the most zealous friends and supporters of the new federal government. They
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soon realised many of the advantages which they had anticipated from its operation ; and they look- ed forward with sanguine hopes, to a period of still greater prosperity and wealth. Indeed, a new im- petus was given to business of all kinds. The peo- ple generally, were enabled to pay their debts, and the State to raise its credit, with all who hau de- mands upon it, from the low ebb, at which it had long been depressed.
There was, however, a portion of the citizens in the State, who were dissatisfied with the feder- al constitution, and with the early acts of the gen- eral government. Many of these no doubt, were honest and patriotic in their motives, however mis- taken they might have been in their opinions on the subject. They feared, that the great and exten- sive powers, delegated by the federal compact to a national Legislature, would be abused, or exer- cised in a manner inconsistent with the rights and authority of independent, sovereign States. At that period even, some very able and upright poli- ticians entertained high notions of State authority ; and believed, that the liberties of the people de- pended, in a great measure, upon the maintenance of the state governments in all their power. They were apprehensive, that the general government, being paramount to that of any individual State, would be disposed to assume and exercise author- ity not delegated, and thus lead to a consolodation of the Union, rather than remain a mere confeder- acy of independent States. It was also objected to the federal constitution, that such a principal and controuling government was not intended as had been proposed and adopted ; the design, in calling the convention which framed and recom-
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mended it, having been only to amend or alter the - articles of the old confederation, so as to provide for the regulation of foreign commerce, by the Continental Congress, that the system might be uniform and efficacious; and a revenue thus collect- ed to discharge the debts of the nation. Such, un- doubtedly, were the views and intentions of the people, when the convention was called, which framed the federal constitution. It was intended only to give the Continental Congress full and ul- timate power to regulate commerce with other countries, which could be better done by a nation- al Body than by the legislature of thirteen separ- ate States ; and to conduct and legislate on such concerns of a general or national character, as the welfare and prosperity of the whole United States required ; but which, in their separate and individ- ual capacity, they were not competent to do with effect.
Notwithstanding the assumption of a part of the State debt by the federal government, the taxes were high in Massachusetts, for the year 1790, 91 and 92; owing chiefly, indecd, to the arrears of those imposed from 1784 to 1790. They had ac- cumulated, to a great amount ; and those who were delinquents for the taxes paid before 1790, still complained loudly of the public burdens. The voice of complaint, however soon died away ; for industry and economy enabled the people gen- erally, to pay off' old demands ; and at the same time, to meet new taxes and expenses with more prompt payment, than they had the means of doing for many previous years.
Owing to the embarrassment on commerce and to the exigency of the times from (1786 to 1790)
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it might have been good policy to exercise much forbearance, in calling for the payment of taxes, which were assessed upon the people. But in 1791, the arrears of taxes must have amounted to very large sums, to justify the legislature in imposing only a tax of $100,000 .* For the debt was con- stantly increasing, while so small a sum was raised for the public treasury. This amount was not suf- ficient to pay the interest of the debt, and to meet the ordinary expenses of the government. Such a policy is incompatible with the permanent pros- perity of a State. But at this time an expectation was cherished of obtaining large sums from the sale of public lands in Maine: and a lottery was granted by the Legislature, to raise money for public purposes. Very little, however, was realized by this system of speculation. Governor Hancock, had the wisdom and firmness to discountenance this mode of raising money ; and the General Court soon became satisfied of its impolicy and impropri- ety. At this period, the credit of the general gov- ernment was better than that of the State. Con- gress adopted an efficient plan, for the gradual pay- ment of the national debt, and for paying the interest with certain punctuality. Massachusetts had matured no such financial system. The pa- per of the State was still offered in the market, at a sum far below the nominal value, though not so low as in 1786 or 17SS. For the interest was not punctually paid ; and no means could be calcula- lated upon with certainty to pay the principal at
* Boston paid, at this time, an eleventh part of the whole State tax. At a later period, it has contributed a much larger proportion of the tax of the Commonwealth
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any stated time. The Commonwealth was not in- deed, without resources; but large sums could not be raised on the credit of the State, without great sacrifices. The public lands in Maine, on which the calculation chiefly depended, it was generally believed, would rise in value, if not thrown into the market for several years ; but in 1790 and 1791 they would not command a price sufficient to reimburse the expense of locating and selling. The Governor, repeatedly, urged the legislature to provide more effectually for discharging the debts of the State, and for paying with punctuality the demands of the public creditors.
In doing this, he did, indeed, but perform his duty, as the guardian of the welfare and honour of the commonwealth. But the immediate Repre- sentatives of the people, either differed from him in opinion, as to the means of discharging the pub- lic debt within a short period; or were more indul- gent and forbearing towards their fellow citizens. It has already been stated, that only the usual tax was granted. The great excuse was founded in the expectation of relief, by receiving Stock of the United States and payment on lands sold in New-York ; which would be appropriated to sat- isfy the creditors of the Commonwealth.
In 1787, after the Insurrection in the State was quelled, chiefly through the firmness of Governor Bowdoin and the bravery and prudence of Gener- al Lincoln, Mr. Hancock was elected Governor, as mentioned in the last volume ; and he was, thereafter, successively, chosen in 17SS, and 1789 He was again elected, as chief magistrate for 1790; and for 1791, 1792 and 1793, in the last year of which, he died. Ile had personal and political ene- mics. But such was his hold upon the affections and
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gratitude of the great body of the people, that all ef- forts to supercede him and place any other citizen in the chair of State were ineffectual. He had some minor faults, all admitted; but they were forgotten or obscured by the sense of his uniform and ardent patriotism, and his singular sacrifices for the liberty of the country in the most critical periods of the war. It was, perhaps, a just charge against him, that he sought popularity at the expense of consistency ; and that, on some important oc- casions, he was deficient in the firmness, which characterised a Bowdoin, of that, and a Strong, of a later period. But of the motives of public men, it is difficult always to judge correctly : and when a man has done and sacrificed much for the good of his country, his memory should be cherished with gratitude and respect.
Mr. Hancock was an advocate for the federal constitution, though not so great an admirer of it, as to consider it incapable of amendment. It was through him, publickly at least, that the proposition was made to the convention in Massachusetts, by which it was adopted, for the addition of several articles, if other States should approve of them : and, without that proposition, it is not improbable the vote would have been against the constitution, in this State. On several public occasions and in his official capacity, Governor Hancock, spoke . with approbation of the federal government, and de- clared his readiness to support it. But he was of that class of politicians, who, at that period, ob- jected to the great powers given to Congress by the constitution, and who contended for the au- thority and rights of the separate States, to such an extent as to leave little for the general govern
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ment to do, except to provide for the national welfare and defence in those cases, for which a single State was not adequate, nor had the power. These views were expressed by him in his public speech to the Legislature, in June 1790. " We shall best support the federal system," he observ- ed, " by maintaining the constitution and govern- ment of our own State; upon which, with those of the other States of the Union, the federal gov- ernment is founded. It must eventually stand or fall with the state governments. The federal gov- ernment may indeed, by absorbing the powers of the state governments, change its nature, and be- come a different system from what it was intend- ed. But to maintain it, as it now is, will be best effected, by maintaining them in their respectabili- ty and just authority." In the same speech, he recommended to the people to cherish a favourable opinion of the new national government ; and cx -. pressed a belief, that it would prove beneficial to the United States. At the same time, he suggests his fears lest the general government should as- sume powers, which it could not justly exercise- and adds, "the constitution is a law to the nation- al legislative authority itself."
Samuel Adams, who was Lieutenant Governor at this time, had similar views with Governor Han- cock, respecting the federal government, and the powers which it might justly exercise. He joined with Mr. Hancock in the state convention in the proposition for amendments to the federal consti- tution, the general object of which was to guard the rights of the States, and prevent the national government from assuming powers not already delegated to it.
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كلمة ت عليب - سبيلنا
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When he appeared before the two Houses of the general assembly, June 1790, to be qualified · as Lieutenant Governor, by taking the oath of office he thus addressed the President of the Senate ; "I shall be called upon to make a de- claration, and I shall do it most cheerfully, that the Commonwealth of Massachusetts is, and of right ought to be, a free, sovereign and independent State,-I shall also be called upon to make anoth- er declaration, with the same solemnity, to sup- port the constitution of the United States. I see no inconsistency in this. For it must be intended that these constitutions should mutually aid and support each other."
In his official address to the Legislature, just re- ferred to, Governor Hancock urged the adoption of measures for supporting the credit of the State, and for paying the public debt, which was princi- pally due to those who had rendered important ser- vices or made great sacrifices for the liberty and independence of the country. "The price of our freedom," he said, " had been great toil and ex- pense ; and we yet feel the weight of it. But we feel as freemen ; while the people of other coun- tries are oppressed with heavy burdens, accumula- ted not to secure, but to destroy their freedom." On this occasion, the Governor also expressed a hope " that care would be taken to diffuse useful knowledge and to inculcate the social and moral virtues, which were the foundation of public and private happiness." He likewise recommended the appropriation of lands in the District of Maine, for the support of schools and of the gospel minis- try, in that part of the State; and advised to a grant for the University at Cambridge, whose
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funds were then inadequate to a proper support of the Instructers.
The first census of the people of the United States, after the war of the revolution, was this year (1790) taken by order of Congress, which gave, for Massachusetts, 478,000; 100,000, of which were in the District of Maine, and 378, 000 in Massachusetts proper. Not a single slave was then returned from the State ; the only one, at that time, which did not contain many.
In 1790, William Cushing, Chief Justice of the Supreme Judicial Court of Massachusetts, was appointed a Judge of the Supreme Court of the United States ; and was succeeded by Judge Sar- gent, who had been one of the Justices of the Court for several years. On the death of Judge Sargent in 1799, Francis Dana, an associated judge, was appointed Chief Justice. The other Justices of the Supreme Judicial Court at this period, were Robert T. Painc, Increase Sumner, Nathan Cushing and Thomas Dawes.
In 1791, great efforts were made to repeal the statute prohibiting theatrical entertainments. Some of the citizens of Boston were among the most active in this object, though many of the most distinguished and worthy characters of that town were opposed to the repeal. A petition was then before the General Court for the establish- ment of a Theatre in Boston ; and it was under- stood, that if the existing law against theatrical exhibitions and plays was repealed, they would be- come very frequent in the town, and a Building for the purpose would be erected. The aged peo- ple generally had strong objections to a licensed theatre : For they considered most plays of an im-
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moral tendency, and the actors to be frequently of dissolute characters. Those who were in favour of a Theatre professed to believe, that such plays only as were chaste and correct in their sentiments would be presented; and that, under proper regu- iations, the amusement would be more ration- al and improving than some other recreations in - which many indulged without censure. There were several meetings of the citizens of Boston on the subject. It was proposed, that the town should express an opinion in favour of a Theatre and instruct their Representatives to advocate it. The proposition, was opposed by Samuel Adams, Benjamin Austin, Jr. Thomas Dawes, Jr. and H. G. Otis; and supported by William Tudor, Charles Jarvis, Perez Morton, and several others.
An action was, this year, tried in the County of Bristol, which excited considerable interest, and manifested the feelings and sentiments of the peo- ple in the commonwealth, on the subject of the Slave Trade. Long before this period, slavery had ceased to exist in Massachusetts, in any form. Nor were any of her citizens known to be engaged in the disgraceful business of purchasing and trans- porting Africans for slaves ; Though some mer- chants in the adjoining State of Rhode Island were suspected of being concerned in this inhuman traffic. About this period, a vessel was partly cquipped at Boston, in Massachusetts, evidently in- tended for an enterprise of this kind ; and two cit- izens then resident in the State were supposed to be concerned in the undertaking. In this belief; the owner and captain were prosecuted, and charg- ed with a violation of the laws of the Common- wealth, in so doing. Eminent counsel were em-
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ployed in the cause on each side ; but the respon- dents were convicted before the Court of Common Pleas, and afterwards, on an appeal, before the Supreme Judicial Court of the State; and fined 200l. the penalty imposed by the statute, on such as were engaged in the Slave Trade. The princi- pal defence was, that the owner and captain were not citizens of Massachusetts, and might also be prosecuted and fined for the same act in Rhode- Island, to which they belonged-But the statute used the term resident, as well as citizen ; the ves- sel also was fitted out in Boston, and the owner was some time present while she was in preparation for the voyage. Howell and Dawes were counsel for the Captain and owner, and Channing and Brad- ford, for defendents.
In the course of this year, the Commonwealth derived funds, to the amount of one hundred thous- and dollars, from the sale of lands, in the interior of the State of New York, on and near the Gen- nesee River. The State had claimed the right to a large territory ; but a part had been ceded to the United States, and a part sold some years be- fore. This tract was claimed by virtue of the car- ly patent to the company of Massachusetts Bay, by Charles 1. which extended west, a certain width, to the great western ocean, according to the con- struction some put upon the instrument. The Dutch, having visited and settled the land on the Hudson River, to a certain extent, previously to the grant to the Massachusetts company, it was permitted them to hold those parts, and thus to divide the teritory claimed under the charter of Massachusetts. On settlement of the question respecting the disputed teritory, a large tract was
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allowed to belong to this State, in the interior of New-York. It was only the pre-emptive right, however, which the State could sell. For the native Indians, then numerous in that section of the country, were acknowledged to have a right to the soil ; and this right was to be extinguished by the purchaser of the State, by satisfying the Indians for their claims before he had a full and complete title to the land. This indeed, usually, required but a small sum. For so late even as the time here referred to, the aborigines of the country val- ued their lands at a low rate.
A proposal was again made, during this year, for a Canal across Cape Cod, in the extreme western part, near where the Cape commences ; for the purpose of uniting the waters of Buzzard's Bay, on the South West, and of Barnstable Bay, so called, on the North East. The peninsula is narrow, in this part, and large creeks or brooks ex- tend from each Bay, so as to approach very nearly together, and thus afford great facilities for con- structing a Canal. The plan had been, frequent- ly, before suggested ; and it was the opinion of many, who had considered the subject, that it would prove highly useful to the interests of navi- gation in the State. A committee was appointed, by authority of the Legislature, to survey the grounds, to ascertain the practicability of a Canal, and to report as to its expediency and advantages. 'The committee was also authorised to make sur- veys at any other place on the Cape, for this ob- ject. They reported in favour of the plan, and made an estimate of the probable expences attend- ing its execution. But the work was not prosc- cuted. For some intelligent men had doubts of its VOL. III. 5
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utility ; particularly at the season of the year, when such a passage would be most needed ; and the State was not, then, in sufficient funds, to cn- gage in an expensive work, but of most evident necessity or importance.
This period, (1791 and 1792,) may be consider- ed as the commencement of a system of internal improvements, in Massachusetts. Several turn- pike roads were now projected; and some were completed with all proper dispatch. The public roads were also from this time greatly improved in most parts of the State, at the cost and labour of the several towns, through which they passed. A commendable spirit prevailed in all sections of the commonwealth, for this purpose ; and the indus- try of the yeomanry was divided between his own immediate personal benefit, and the accommoda- tion of the public. In the course of a few years, a great and favourable change was made in the country ; and turnpike roads were constructed in various directions.
The advantage was also foreseen, at this time, which would result from having a more cheap and easy way of travel, from the western and middle parts of the State to the metropolis, the great sea- port of the Commonwealth. A canal was then con- templated from Boston to Connecticut river, and even to the Hudson. General Henry Knox and General David Cobb were among the most zcal- ous in this project. But, though the resources of the country were beginning to be developed, and prosperity attended the labours and enterprises of the citizens, there was not a general disposition in the community to engage with ardour and effect in an enterprise of such magnitude. It was but a
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short time subsequent to this, however, that the Middlesex Canal in Massachusetts was projected ; and, through the energy and perseverence of a few intelligent men, was finally constructed ; The most active, in this novel and important undertaking, were IIon. James Sullivan, Loammi Baldwin, the Sher- iff'of Middlesex County, and Hon. James Winthrop.
November 1792, there was an extra session of the General Court, which was held at Concord, on account of the small pox in Boston, the capital of the State. A great portion of the inhabitants were infected with this disease; and the people from the country towns were unwilling to reside in or to visit the metropolis. The kine pox, as a mild substitute for the varioloid, was not then known in the country ; and there were few, com- paratively, of the inhabitants who were not subject to this malignant and fatal malady. The princi- pal business of this extra session of the Legisla- ture, was to complete the College or Board of Electors of President and Vice President of the United States. The mode of choosing these, as well as the Representatives to Congress had been prescribed at the Session in June, and was as fol- lows :- four districts were formed : the first, com- posed of the counties of Suffolk, Essex ' and Mid- dlesex, was to elect four Representatives, one at , least to reside in each county: The counties in the old colony, so called ; viz. Plymouth, Bristol, Barnstable, Dukes-County and Nantucket, to be a district, and to choose two : Hampshire, Wor- cester and Berkshire to make another district, and choose four : The counties in Maine to choose three. "The district for choosing Electors were the same as for Representatives, and were to vote
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for the same number, except that the district com- posed of the counties of Suffolk, Essex and Mid- dlesex, and that composed of the counties of Hampshire, Worcester and Berkshire, chose five Electors each,*
It was then generally admitted, that while the - Legislature had the constitutional right to prescribe the mode of election, the people themselves were to choose not only the Representatives but the Electors of President and Vice President. It was also considered most correct that the State should be divided into districts, for the purpose, as the citizens would, in such case, be better acquainted with the persons, for whom they gave their votes. In later times, the mode of choosing Electors, es- pecially, has varied ; sometimes being by a gener- al ticket through the whole State, and sometimes even by the Legislature itself; and there is reason to apprehend, that party views have had an im- proper influence in the adoption of these different modes of election.
In his speech to the General Court, at this Ses- sion, Governor Hancock expressed his disappro- bation of the terms used in the law of Congress, which prescribed the mode of proceedings to be observed by the Executive of a State, in recording and notifying the choice of Electors. 'The terms of the law were imperative upon the Chief Magis- trate of each State ; and the Governor was of opinion, that the word "shall"' was improper to be used with reference to the duty or conduct of the Supreme Executive of an Independent State.
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