USA > Massachusetts > History of Massachusetts from the year 1790, to 1820. v. 3 > Part 3
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* The General Court was to fill up vacancies, if there was no choice by the people. And the Session at Concord, at this time, was for that purpose.
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٠ ١ -كي بيك مجرد أنه مالمدة ٣ ستؤلية
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The law required the Governor to make three co- pies of the votes of the Electors of President and Vice President, and he contended that this should have been left to the judgment and discretion of the Chief Magistrate. There is no evidence that the General Court echoed these sentiments of the Governor. Perhaps, they did not attach any great importance to the circumstance. The law, prob- ably, was intended only to prescribe a uniform and convenient mode of ascertaining, with accuracy and without failure, the state of the votes through the union. But Governor Hancock was one of that class of Republicans, by whom the undue as- sumption of power by the federal Government was apprehended, as a dangerous precedent, and call- ing for prompt and explicit remonstrance from the state authorities.
In his speech to the Legislature, January 1792, the Governor condemned public whipping and cropping for theft ; and recommended confinement to hard labour, as probably a more salutary as well as a more humane punishment. He expressed the opinion also, that capital punishments should be few.
There was a disposition generally manifested in the community, at this time, for an amelioration of the criminal law. Confinement to hard labour had already been substituted, in some cases for dis- graceful punishments in public. An experiment of this kind was made on Castle Island, in the har- bour of Boston. And the State Prison, or Peni- tentiary, at Charlestown, was soon after built.
A law was made, at this time for the due obser- vation of the Lord's day, or Christian Sabbath. It was indeed but a re-enactment of former laws,
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which had been in force from the carly settlement of the country. The provisions were not so severe, perhaps, in prohibiting all kinds of secular em- ployment ; but the act forbid travelling on busi- ness, all traffic and keeping open of shops and stores, and all public recreations under a. penalty or pecuniary mulct. But the law was frequently disregarded, and very few cases of complaint or punishment occurred under it. It was evident that human laws would avail but little in enforc- ing a due regard of the Sabbath, or inducing men to attend religious worship. True religion is not promoted by compulsion ; and yet it may be proper for the civil authority to interdict public recrea- tion, and all business of a merely worldly nature except necessity could be pleaded as an excuse.
During the year 1793, the last of Governor Hancock's administration (for he died in the month of October, in this year,) a suit was brought against the Commonwealth, by one Vas- sal an alien, though a native of the State, who left the country at the beginning of the revolution- ary war and retired to England. The action was brought in the federal courts, by which it was sus- tained. A summons was issued, and served upon the Governor and upon the Attorney General, as principal citizens of the State, by the Marshall of the United States. The Governor denied the ju- risdiction of the Court ; or rather the liability of the Commonwealth to answer to a suit in any Court. He, therefore, called a special ses- sion of the Legislature in September of the year above named. He referred to the case and gave it as his opinion, that the State could not be com- pelled to answer to a civil suit, as it would be in-
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compatible with its sovereignty and independence. The subject was discussed in the General Court for several days. Some members of respectabili- ty were of opinion, the State might justly be sued, as well as any corporation or company, because it was equally obligated to do justice ; and if it re- fused, should be compelled to it.
But a large majority of the Legislature expres- sed a different opinion. They agreed with the Governor, that a compulsory civil process against " the State was utterly inconsistent with the attri- butes of sovereignty : and they, therefore, adopted a resolution, " that a power claimed, or which may be claimed of compelling a State to become a defendant in a Court of the United States, at the suit of an individual or individuals, is, (in the opin- ion of this Legislature) unnecessary and inexpedi- ent ; and, in its exercise, dangerous to the peace, safety and Independence of the several States, and repugnant to the first principles of a federal gov- ernment." A resolve was also passed by the gen- eral court, at this time, requesting the Representa- tives and instructing the Senators of the Common- wealth, in Congress, to use their efforts to obtain an amendment to the constitution of the United States, with a view to remove any article or clause thereof which could be construed to justify a de- cision, that a State was compellable to answer in a civil suit, before any Judicature of the United States. An article was soon after added to the federal constitution, in conformity to the spirit of the foregoing resolution.
The death of Governor Hancock* soon follow- ed this patriotic act, and produced a great sensa-
. He died at the age of 58,
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tion through the Commonwealth. There were, indeed, many other great and good characters in the State; men of equal talents and patriotism ; and no one could justly fear that the public interests would suffer. But he had been long known as a public character ; was popular and courteous in his manners ; hospitable and generous to indi- viduals ; and had given many noble proofs of de- votion to the liberty and welfare of the country. His death was therefore deplored, as a great public loss ; and the respect manifested by the people, for his memory, was gratifying both to his politi- cal and personal friends.
In the summer of 1793, a very malignant and mortal fever prevailed in Philadelphia. Business was almost entirely suspended for two or three months, and the sufferings and distresses of the peo- ple were very great. The citizens of Boston man- ifested their accustomed humanity and kindness on this occasion, by making contributions for their re- lief.
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CHAPTER II.
Lieutenant Governor Adams Chief Magistrate on death of Governor Han- cock .... Elected Governor in 1784 .... Extract from his Public Speech .... French Revolution .... New State House .... Political parties .... Treaty with Great Britain .... Great opposition to the treaty .... Violence of parties .... Governor Adams favours the conduct of the French Rulers .... Public Schools .... Choice of Electors in 1796 .... Governor Adams declines & re- election.
After the death of Governor Hancock, Samuel Adams, who was at the time Lieutenant Gover- nor, occupied the chair of Chief Magistrate dur- ing the residue of the civil year: and, in 1794, was elected Governor, by the suffrages of the majority of his fellow citizens. Mr. Adams, was one of the most sincere and firm patriots in the State, and a most efficient advocate for the rights and liberties of the country. It has been. even said by some, that he was the first in the resolute band of patriots, who contemplated and effected the Independence of the United States. On many occasions he was as decided and influential as any one in the State; and he was always consistent and unwavering in his course. But it may be more, perhaps, than can be justly said of any one man, to assert, that he was the most efficient of all ; or that the revolution would not have been achieved without him. Mr. Adams had qualities, such as the times required ; and as a stern, unde- VOL. II. 6.
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viating republican, he yielded to no one in the na- tion.
When Mr. Adams was chosen Governor, he was far advanced in years, having reached the age of seventy three. But he continued Chief Magis- trate of the Commonwealth for three years, when he declined the suffrages of his constituents, and retired from the cares and responsibility of politi- cal life. The infirmities of age, he said, admon- ished bim, that it was proper for him to resign all public duties.
The French Consul, resident in Boston, under the influence and direction of the Minister of that Nation, near the American Government, was chargeable with improper conduct, in taking a ves- sel by force from the civil authority, which he claimed as a prize to a privateer of his nation .- Hle was therefore removed from his office by Gen- cral Washington, then President of the United States. His successor complained to Lieutenant Governor Adams, (November 1793,) of the con- duct of the President, as arbitrary and unjust. He addressed the Lieutenant Governor, as "Citizen Adams ; "' and the language of the letter, general- ly, was not only very familiar, but indecorous. Most of the citizens, were indignant at the con- duct of the French Consul ; but the Lieut. Gov- ernor took no public notice of it. Perhaps, he considered the letter unworthy of a reply.
During the administration of Governor Adams, the people of the State and Nation were much agi -. tated by the French Revolution, which, in 1794, had reached a crisis, that threatened the peace of the whole civilized world. The French Minister to the United States made unjust demands upon
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the government, and attempted to exercise powers within the jurisdiction of the Nation, which were at once improper and mischievous; and when these were opposed, as they were by the prudence and wisdom of President Washington, he appeal- ed to the feelings of the people, in behalf of repub- lican France, for whose freedom and prosperity all Americans had a lively interest. The claims and conduct of the French Minister were calculated to endanger the peace of the country ; and to expose the United States to all the expenses and evils of an European war. This, Washington foresaw ; and therefore, refused the aid of government, to the projects of the Minister, which would have soon · produced such a great national calamity. His policy was very generally approved by the citizens, although they cherished a grateful sense of the support afforded by France, in our struggle for In- dependence, and gave their warmest wishes for her success, in all attempts to establish a free govern- ment. But a portion of the people, from a mistak- en opinion of the views of the leading characters, in the French nation, (who, probably, had little regard for republican freedom,) or, from an ardent love of civil liberty, in every form, disapproved the conduct of the federal administration, and justifi- ed the proceedings of the Minister, in his attempts to engage the United States to assist the agents and Nation of France.
'This difference of opinion was the occasion of political disputes and party feelings, which disturb- ed the peace of the nation, for several years. It was, indeed, one of the chief causes of the two great political parties, into which the citizens of the
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whole United States were, unhappily divided, for many years, subsequently to this period .*
Those who were the great admirers and sup -: porters of the federal constitution, and of the fede- ral government, as administered by Washington and his associates ; those who approved of his neu- tral policy, when urged by France, 1793 and 1794, to make common cause with her, in a war against the rest of Europe ;- were accused of being in fa- vour of a "strong" government, rather than of one truly republican ; and even of leaning to monarchy, in preference to democracy : while those who con- demned and opposed his measures, in refusing aid to the French agents, to carry into effect their hos- tile views towards Great Britain, and who applaud- ed the irregular proceedings of the revolutionists of France, on the other hand, were considered politi- cal levellers and enemies to the just authority of
* In the carly periods of the French Revolution (1791- 1793) the people, generally, in Massachusetts, and through the nation were in favour of the social and political reform, which it was then expected would take place : and rejoiced in the pros- pect of the speedy enjoyment of civil liberty in that kingdom .- Feastings were had in many places, on the occasion, in which citizens of all classes united, to manifest their joy for a regener- ated nation, which had long been governed with despotic sway. At some of the festive meetings the behaviour of the Clergy and of grave Senators, approached almost to the ludicrous : It would certainly be difficult to reconcile it to that dignity of de- portment, which is proper to be maintained in society. The clergy, in many places countenanced these extravagances and this enthusiasm of the people by their presence, and sanction- ed them by devotional exercises. At a great feast in Boston in 1793, in Fancui! Hall, the cradle of American Liberty, the Lieutenant Governor, a truly grave and religious man presided ; and, when he had occasion to address the servants who attend- ed upon the company, used the familiar language of "citizen Cuff," or " citizen Cate ;" and was addressed, in return, with the same familiarity "citizen Adams, what is your desire."
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government. It was pretended by those of the de- mocratic party, but without evidence or reason, in the judgement of the most moderate and impartial citizens, that the national rulers were desirous to conciliate the British Government, even at the price of a surrender of our commercial and mari- time rights ; and that they were ungrateful, if not anti-republican, in not affording direct assistance to France, then earnestly contending, as it was pretended, for the liberty of the world.
Such surmises, respecting the views of General Washington, were enough to excite the prejudices and passions of the less informed against the fede- ral administration, and to lead them to propose for rulers, men of different principles and views. In some states, the majority of the people wished for a change of Rulers. In Massachusetts, there were many of this class of politicians ; and Governor Adams was considered as entertaining the same sentiments and views with themselves. But what- ever were his real opinions on the subject, he was too cautious to censure openly the measures and policy of the federal government. As to Wash- ington, no doubt Mr. Adams had a high opinion of his patriotism ; though he might not consider him infallible as a politician. Mr. Adams, in fact, re- ceived the votes of many who had perfect confi- dence, both in the virtue and wisdom of the Chief Magistrate of the nation. The warmest political friends of Governor Adams, however, were those who disapproved of the conduct of the federal Ru- lers, particularly in relation to the French ; and he had himself; probably, a more favourable opinion of the good to result from the Revolution in France than many of those entertained, who were the de-
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cided supporters of the pacific course of Washing- ton, at this critical period.
But with all his democratic principles and pro- fessions, and no doubt he was sincere, Governor Adams was a firm friend of social order, of legiti- mate government, and of law. During the contro- versy with Great Britain, for several years before the war of the revolution began, he was always careful to refer to constitutional principles, in jus- tification of the measures by the friends of liberty, among whom he was chief: and in the unhappy insurrection in the State, in 1786-7, he was one of the most efficient supporters of the government.
In his first speech to the Legislature, January 1794, after the death of Governor Hancock, Mr. Adams, referring to the origin and cause of the federal government, said, "it was judged that the great affairs of the United States, which till then were entire sovereignties, could not be well con- ducted under the direction of several distinct gov- ernments. They therefore, formed and adopted a federal constitution, by which certain powers of sovereignty are delegated to the persons chosen to administer the general government, to be exercis- ed conformably to and within the restrictions of the constitution. And all powers, not vested in Con- gress, remain to the State individually. Great caution is necessary, lest any degree of infringe- ment take place, cither on the rights of the feder- al government, or on those of the several States." He also referred particularly, to the principles of of civil and political liberty, which are recognized by the constitution of the State: "that all men are born free and equal, and have certain natural, essen- tial and unalienable rights." .And these, he said,
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"he considered guaranteed by the author of na- turc, and acknowledged by divine revelation." In
. his first address to the General Court, as Chief Magistrate of the Commonwealth, "he felt it his duty to give his views on the nature of civil gov- ernment, and important to advert to the first prin- ciples of our social republican system, on the sup- port and permanency of which he believed our frec- dom and happiness, as a people, depended.". Again in June following, when elected Governor, Mr. Adams spoke of "the natural liberty and equality of mankind," and expressed his ardent wishes that they might be acknowledged and estab- lished in all the governments of Europe. He al- luded, with evident approbation, to the political revolution going on in France; but still expressed great confidence in the wisdom and patriotism of General Washington, who was then President of the United States ; and whose neutral policy, as it regarded France and Great Britain, was disap- proved by some of Governor Adams' warmest sup- porters. At a late period, Mr. Adams, like other intelligent republicans in the United States, con- demned the excesses which took place in revolu- tionary France, and lost all confidence in the dis- interestedness of the leaders of the successive fac- tions, which long distracted that unhappy country.
In the speech of Governor Adams last mention- ed, he spoke with emphasis on the importance of the education of youth, in conformity to the system. adopted in former periods, by maintaining public. grammar schools in all the towns of the Common- wealth. It had then become very common to es- tablish academies in most counties ; and it was apprehended, by some of the people, that the con-
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sequence would be unfavourable to the support of the grammar schools. For the towns in the vi- cinity of an academy, availing of the advantage they afforded the few who desired a classical education, would become careless of keeping up their grammar schools ; and would employ per- sons to teach their children, who were not only destitute of a collegiate education, but entirely un- fit to instruct them even in the English language. This evil was in fact the result in some places ; and the multiplication of academies, soon led to a great change in this respect. For the laws of the State were so altered, as to divide towns into several small districts, for schools ; and the persons em- ployed to keep them were, frequently, quite incom- petent to the important business they undertook.
By a clause in the constitution of the Com- monwealth, which was adopted in 1780, that in- strument was liable to a revision in 1795. In 1794 the question was submitted to the people, wheth- er they were desirous of a convention, for the pur- pose of altering the constitution. But the majori- ty expressed the opinion, that no alterations were necessary-a satisfactory proof, that the instrument was prepared with great wisdom, and was well a- dapted to promote the welfare and maintain the liberty of the people.
The amount assessed this year, for the public tax of the Commonwealth, was no greater than had been imposed for several preceeding years ; and the Governor informed the General Court, that the fin- ances of the State were in a prosperous condition. This was chiefly in consequence of the assumption of a great part of the debt of Massachusetts by the federal government.
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The excesses and cruelties of the French, in 1793 and 1791, were so great, that many who had re- joiced when the revolution bogan, became alarmed and disgusted at their conduct; and the people of the United States were divided in their opinions, as to the real benefits which were to follow. The Icaders in the revolution appeared to be destitute of moral principles, and even of the common feelings of humanity. The nation was in a state of perfect anarchy and misrule. The King had been execu- ted, Lafayette proscribed, and all moderate men retired from the scene of confusion and blood .- Added to this, the conduct of the French agents in the United States was so irregular, that a great portion of the citizens joined in public expressions of disapprobation and consure, at their conduct .- Political Parties thus became more strongly mark-' cd; and more opposed in their sentiments, on the policy and measures of the general government .- At this period the British made depredations, on our commerce; and in other respects, dis- covered a disposition to embarrass the trade of the United States. Instead of an immediate resort to force, for justice, President Washington instituted a special embassy to the Court of London, for the purpose of negotiation. "This prudent measure was represented as pusilanimous ; particularly by those who were attached to France, and who still favour- ed the revolution in that country. When a Treaty was concluded, even before the articles were known, it was deprecated as a great political evil, as it was supposed it would serve to offend France, and make the intercourse with England more frequent and friendly. The feelings excited by the war of the revolution were not eradicated ; and Great Britain VOL. II.
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was considered, not entirely without reason, per- haps, as desirous of monopolizing all the advan- tages of commerce between the two countries.
The citizens of Boston, the capital of Massa- chusetts, were accustomed to take the lead in all important public concerns ; and generally, the feel- ings and opinions they expressed, were indicative of those entertained by the people throughout the State. In some instances, no doubt, there were exceptions to the truth of this remark. When it was known, that a treaty with the British govern- ment had been concluded, and was to be submit- ted by the President, to the Senate of the United States, for their consideration, but before the in- strument was published and generally read, a cer- tain class of politicians presumed to condemn it, and had the influence to excite strong prejudices against it, in the minds of many of the people .- The general features of the treaty were, indeed, known ; but much misrepresentation was made, as to its operations on the commerce of the United States ; and it was pretended, that the French na- tion would be so irritated by its adoption, as to make open war against America.
In this excited condition of the public feeling, a town meeting was holden in Boston, July, 1795, for the purpose of remonstrating against the treaty, and by a petition to the Senate, to prevent if pos- sible, its ratification. It was proposed, by Charles Jarvis, to express their disapprobation of it, at once; and to make known the opposition of the inhabi- tants of the town, immediately, to the President and Senate of the United States. One other per- son agreed to the course proposed by Mr. Jarvis,
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and urged its adoption. One gentleman* only was decided, in expressing an opinion of the im- propriety and inexpediency of interfering with the subject, as the constitution had given the exclu- sive power to make treaties to the President and national Senate. Messrs. Dawes, Tudor and Eustis, who spoke on the occasion, were in favour of a postponement, or of a reference to a commit- tee, to report at a future meeting, after a more per- fect knowledge of the provisions of the treaty. Very few of the citizens had then cven read it: But the popular prejudices were strong against it. At an adjourned meeting, a few days after, a re port was made and resolutions were offered by the committee ; which were accepted, with little op- position. The substance of the resolutions was, "that the treaty was injurious to our commercial interests, derogatory to the honour and indepen- dence of the United States, and might be danger- ous to the peace of the country."'
The members of the chamber of commerce in Boston convened, soon after, when the treaty had been more maturely considered, and gave an opin- ion in its favour, and expressed their full acquies- cence in its adoption by the national administration.
In his reply to the citizens of Boston, President Washington said, " In every act of my adminis- tration, I have sought the happiness of my fellow citizens. My system for the attainment of this
* Joseph Hall, Esq. an eminent attorney. On motion of B. Austin, a vote of thanks was passed by the meeting, to S. T. Mason, a Senator in Congress, from the State of Virginia, who had, contrary to the injunction of secrecy, while the treaty was pending before the Senate, caused a copy of that instrument to be published !
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