USA > Massachusetts > History of Massachusetts from the year 1790, to 1820. v. 3 > Part 6
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ny citizens of this Commonwealth, yet they will reflect, that, in republics, the opinion of the major- ity must prevail, and that obedience to the laws, and respect for the constitutional authority, are es- sential to the character of good citizens. We are encouraged to expect, that the Chief Magistrate of the nation will not depart from the essential prin- ciples of the government ; and so long as his ad- ministration shall be guided by those principles, he will be entitled to the confidence of the people ; and their interests require that he should possess it. But, if it shall, appear hereafter, that their antici- pations are not realized, still a sense of decorum, and regard to justice and the public welfare should exclude asperity and false colouring from all dis- cussion of public measures : For the morals and liberties of the people will be in danger, if the presses in our country are prostituted to faction and falsehood." This is the language of a true patriot and of an enlightened statesman. It would be happy for the country, if such advice were gen- crally followed, and such conciliating conduct im- itated by distinguished politicians through the un- ion.
In his official communications to the Legisla- ture at this period, Governor Strong directed their attention to the means of the education of youth, as indispensable in a republican government, and as necessary to the welfare and happiness of society. The children of all classes of people, he insisted ought to be provided with instruction at the public · expense. This indeed was in conformity to for- mer usage in the State. But the most common duties, if essential to the improvement and intelli- gence of the community, should be frequently stat-
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ed and recommended. He also urged upon the representatives of the people, the importance "of industry and frugality, of purity and simplicity of manners, to the preservation and enjoyment of re- publican freedom."
At this time, the laws rolating to schools and the public worship of God were examined by the Legislature, with peculiar attention. The inhab- itants of the country, from its first settlement had been in favour of public schools, in which the children of the poorest classes might receive the rudiments of useful knowledge ; and they believed it important, also, to provide, by law, for the sup- port of teachers of piety, religion and morality ; as some might otherwise be negligent of maintaining such institutions : at the same time, it was desired, that the people might be secured in the exercise of perfect liberty of conscience. The effect of the revolutionary war had been rather unfavourable to the cause of religion and good morals. But the people soon became more religious ; and appeared to be duly sensible of the benefits of public wor- ship, both in a spiritual and social view.
Public schools, supported by a common tax on all classes of the people, had been also required by law, from a very carly period of the country. In the colony of Plymouth, whileit was separate from Massachusetts, the general assembly provided for the support of public schools, where the children of all, without distinction were instructed. Mas- sachusetts made a similar provision, at an early day ; and has never ceased to require the main- tenance of such institutions. These are the foun- dations and pillars of our republican government. The children of all, of the rich and the poor, of the
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public officer and common citizen, meet together on a perfect level, with equal privileges and rights. They become attached to one another; and they acquire ideas of equality, which are important, and which remain with them through life.
According to a statement of the Governor, mad c in the course of this year (IS0]) a part of the debt of the State, incurred during the war of the revo- lution, and which had been allowed by Congress, as a balance due the Commonwealth, had been paid; in consequence of which the direct taxes would not be very great. At this time, the State tax was one hundred and thirty three thousand dollars. The pay of the Representatives amount- cd to $20,000. In 1811, it was $35,000.
During this political year, a law was passed, for paying off a fifth part of the public debt of the Com- monwealth. This was still great, compared to later times, although not so large at it had been at a former period ; for the federal government did not assume the whole debt of the state, growing out of the war of the revolution. Massachusetts had expended large sums for her own particular defence, by calling out the militia on numerous occasions, and becoming liable to pay both their wages and their rations. On one occasion, every fourth man was thus ordered out, from some coun- ties, for protection of the State or of a neighbour- ing one, then invaded by the enemy.
The population of Massachusetts in 1800, in- cluding Maine was 423,000. In 1790, it was on- ly 380,000 ; and in 1810, the census gave 473,000 ; and in 1820 upwards 500,000. But migrations were continually taking place, from the State to other parts of the Union.
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The character of Governor Strong, both as a politician and a man, is further illustrated, by the following declaration in his public address to the Legislature, on being chosen a second time to the office of Chief Magistrate. He was sincere and without disguise in all his professions. " My best endeavours will be continued to advance the repu- tation and welfare of my fellow citizens; to pre- serve their rights and privileges unimpaired ; and to select those for public office who are most dis- tinguished for abilities and integrity, by whatever name of political distinction they may be known," A Chief Magistrate of such conciliating and mag- nanimous views must disseminate a salutary influ- ence in society, and be a great blessing to a re- publican community.
In 1802, the Legislature provided for the erec- tion of a State Prison, or Penitentiary in Massa- chusetts, to be located in Charlestown, in the vi- cinity of the metropolis and near to the tide waters of the harbour. The appropriation, first made for the purchase of land and the construction of the necessary buildings, amounted to one hundred thousand dollars. But a large additional sum was voted and expended before the buildings were com- pleted. They were calculated to hold one hun- dred convicts, with the necessary work shops. In a few years, after the system went into operation, the prisoners far exceeded that number. Some- times, there were nearly three hundred sentenced to confinement and hard labour in the prison, as a punishment for their crimes.
The punishment of whipping, and sitting in the Pillory &c. in public, had already been abolished ; and those convicted of crimes against society were
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sentenced to solitary confinement and labour. Bur- glary, which in every form and degree, was before punishable with death, was now considered, by the statute, a capital offence, only when the house- breaker was found armed with a deadly weapon, or gave evidence of an intention to commit murder, as well as to rob and plunder.
The great object of the projectors of this estab- lishment was to give employment to the lawless depredators on society and their fellow-men ; and if possible, to effect their reformation, by solitary confinement, where they would have opportunity for serious reflection. But the results were not al- together so favourable as many had anticipated. This was supposed to be owing, however, not so `much to any error in the theory, as to a defect in the accommodations of the Penitentiary, or in the government of the convicts. Solitary confinement, in fact, was not realized. The buildings were not adequate for that purpose .* Several criminals
* "The general intention of the physical regimen is to pre- serve the prisoners in the State they are, and to restore them to society, as strong and in as good health as when placed in the prison. But the moral regimen is expected to do more ; for it ought to make them better than when they were sentenc- ed and confined. If they are during, confinement and at its close, as much inclined to idleness and vice, as they formerly were, the moral discipline of the Penitentiary must be radically defective. Every punishment which does not aim to correct and reform, as well as to secure society, is unjustly arbitrary, and therefore tyranny or cruelty. It serves only to irritate the criminal, and make him more inimical to society and to his fellow men. . The object of moral regimen should be to correct this error or defect. A convict is supposed to be incorrigible ; and is therefore, distrusted and neglected ; and thus placed in a - condition where nothing presents itself to his mind, but temp- tations to do wrong ; to commit, what, in a conventional sense is a crime, for his own support and existence. The means of
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were confined in the same apartment; and this served rather to corrupt than to reform. For one or two old offenders, more depraved than the rest, were often known to teach the younger members the means of vice and iniquity, of which they were before ignorant .*
For the first time, in Massachusetts, the Elec- tors of President and Vice President of the United States, were chosen, in 1801, by a general ticket. In 1800, they were appointed by the Legislature ; and the measure was a very unpopular one. There were loud complaints against it, at the time ; and it was said the rights and privileges of the people were infringed thereby. The constitution of the United States provides, " that the Electors should be chosen in such manner, as the Legislatures of the respective States should direct."' It was therefore, concluded, that the Legislature could not justly appoint or choose the Electors ; but on- ly direct and prescribe the mode, in which they should be chosen by the people. The former meas- ure was pretended to have been adopted, by those opposed to it, with party views, to gain all the votes of the State for Mr. Adams. The plan of voting for all the Electors on one ticket, instead of chosing in separate districts, was supposed by
employment and usefulness should be provided ; he should be considered capable of reformation, and of becoming a really good citizen-all encouragements given to this end-and the + salutary effects on him would, probably, be correspondent to the benevolent intention in the public."
* At a much later period, and after repeated representations of the Warden of the Prison, and the urgent recommendations of the Governor, new buildings were erected, so as to admit of placing one convict only in a room, during the night.
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many to be for a similar purpose. The members of the Legislature were generally opposed to Pres- ident Jefferson ; and it was believed, that, as there was a majority of the citizens in the State dissatis- ficd with his political principles and measures, a general ticket would result in the choice of Elec- tors, who would give their votes to one of differ- ent opinions and policy.
Those who proposed and voted in favour of a general ticket, were much disappointed at the re- sult. The Electors chosen were candidates friend- ly to the re-election of Mr. Jefferson ; and he ac- cordingly received the vote of the whole State .--- But if the Commonwealth had been divided into districts, as it was in 1796, the majority of Elec- tors would have been of the federal party, who would not have given their votes in favour of Mr. Jefferson. 'This issue was justly a matter of tri- umph with the democratic or anti-federal party. It was as unexpected to them, perhaps, as it was to their political opponents. They considered the general ticket, as a party measure ; and having gained this election, they were sanguine of success, in the State elections for the succeeding year. In this expectation, however, they were disappointed. Governor Strong was chosen again, in the spring of 1805, in preference to Mr. Sullivan, who was the opposing candidate. For some reason, Mr. Gerry withdrew from the electioncering contest, at this period.
The result of the election, in 1804, for persons to vote, in behalf of the State, for President and Vice President, of the nation, served to show, that there were some citizens who would not blindly a- dopt all the measures of their party; but would
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vote and act according to their own sense of pro- priety and justice. Probably, there are always more or less of these moderate and impartial men in society. Where there are parties, some more ambitious or active characters will take the lead, and assume the right to propose and recommend, if not to dictate the course to be pursued-On find- ing their measures and conduct very generally cor- rect, many who have not time to examine and in- quire into the real state of affairs, will be ready to decide and believe, as the more intelligent or active of the party do. Still, they may be honest, and in a great measure independent. For when changes are proposed, and a different policy adopted, it is found that they are cautious and guarded ; and not unfrequently, dissent from the opinion of those, whom they had been accustomed to respect and to follow.
At this period, the political excitement was as great, perhaps, as it had been for several years pre- viously ; and party disputes as fierce and bitter. The French government refused indemnification for former spoliation on our commerce, and con- tinued to confiscate American property, both on the high seas, and in ports and harbours where they had power to do it. This was done by the French Rulers, with the pretext, that the government of ,the United States submitted to improper and ambi- tious conduct from the British. Mr. Jefferson was unable to obtain any redress for the past, or secu- ty for the future. And many supposed he was too submissive to the unjust and insolent conduct of the French government. It was thought that more resentment should have been exhibited by the fed- eral administration, for the injury done, and that a
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more lofty and decisive tone should have been as- sumed, to obtain justice, or to ensure respect .- The people of Massachusetts were much divided in opinion, and feeling, as to the wisdom and pro- pricty of the policy of the general government, at this period.
In 1805, an act was passed against duelling .- Those who first made the challenge, if convicted, to be punished as felonious assaulters, and disqual- ified from holding any office in the State, of hon- our, profit or trust. Those who accepted a chal- lenge, and those who stood in the character of sec- onds, were also to be liable to the like disqualifi- cations. About this period, and while Mr. Strong was in the chair, several laws were passed of a general character, which were considered very beneficial, and long remained in force, without al- teration. This year a law was made, requiring the Selectmen or Overseers of towns, to prepare lists of all legal voters, who were allowed, by the Con- stitution, to vote, either for town or state officers Laws were enacted for the preservation of shell- fish within the waters of the State; for regulating the weight, and the packing of beef and pork; and for the manufacture of nails; the statute for the support of public worship, revised; the contracts of the people with the teachers of religion for their support, were made legally binding ; still any citi- zen was to pay the clergyman of the denomination to which he belonged, and on whose instructions he attended, though not within the limits of the town or parish where he resided .- The Supreme Judicial Court of the State was differently organ- ized. The law term of the Court, as it was called in the act, was to be holden. by at least,, three of
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the Justices, who were to determine questions of merely a law character, and wherein there was no inquiry as to facts, and also to try persons charged with crimes, which required a capital punishment. The nisi prius Court might be holden by one Jus- tice, for Jury trials ; from whose judgment, an ap- peal was allowed to the whole Court, on points of law, as stated by a single Judge.
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CHAPTER V.
Governor Strong re-elected in 1806, but with much opposition ..... Law on Plantation Votes ..... Mr. Sullivan chosen Governor, for 1807 ... ,.Embar- go ...... Senators Pickering and Adams ..... Complaints of the Embargo., .. , Governor Sullivan not intolerant ..... Courts of Session ..... Pretended Plot to destroy the Union ..... County Attornies ..... Death of Governor Sulli- van, ... , Lieutenant Governor Lincoln,
Mr. Strong was elected Governor in 1806, for the seventh time, in uninterrupted succession ; but this year, it was by a very small majority. And there were so many blunders and informalities in thereturn of the votes, and such a disposition in the members of the General Court, the greater por- tion of which were his political opponents, to set him aside, that his election was not officially declared until the tenth day of the session. Mr. Sullivan was the other candidate ; and Governor Strong's majority was only four hundred. An attempt was made, in the Senate, to prevent his having the votes of several towns, merely for the omission or mis- placing of a letter in his name, when no one doubt- ed.that they were designed for him. Several un- incorporated plantations in Maine gave in votes also, for the gubernatorial candidates ; and they were chiefly in favour of Mr. Sullivan. Objec- tions were made to receive these votes, in the be- lief that the constitution did not intend it; and previously to this year, they had been generally, if not invariably rejected. The constitution allows
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the inhabitants in plantations to vote for Senators, but not for Representatives; and it further pro- vides, that those who were qualified and had the right to vote for Senators and Representatives might also vote for Governor. Those who were in favour of receiving such votes argued, that the cit- izens who were allowed to vote for either Senators or Representatives, ought not to be debarred from voting for Governor ; but others contended, that only such were intended by the constitution as were allowed to vote both for Senators and Rep- resentatives. A bill was prepared, at this Session, June 1806, providing, that the votes given for Gov- ernor, by the citizens living in unincorporated plan- tations, should thereafter be admitted, and imply- ing that such was the fair construction and intent of the constitution, It was not laid before the Governor for his consideration and signature, until the last day of the session. He did not approve of it, nor return it to the Legislature with his ob- jections. The second day of the following session, he returned the Bill, without his approbation, and stating his objections to it. A majority of the Gen- eral Court voted, that it had already become a law, because he did not return it within five days, the period provided in the constitution. This was con- sidered a very unreasonable and arbitrary act .- The five days, allowed the Governor to make his objections to any Bill, of which he did not approve, evidently implied five days of the session of the General Court. If he had returned the Bill, with his objections, on the fourth or fifth day, after he received it, they could not be considered by the Senate and House ; for they were prorogued be- forc. By voting that the Bill had become a law,
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under the circumstances of the case, the General Court violated or disregarded the spirit of the con- stitution ; For there were not two thirds of the members in favour of the Bill, as is required, when the Governor objects, but a bare majority. . The language of the constitution was altered in 1820, on this point, so that the Governor should have five days, while the General Court was in Session to consider a Bill, and make his objection.
The majorities in both branches of the General Court, this year, were of the party called democ- ratic or republican ; but the two great political par- ties were nearly equal; and as cach* contended zealously for power, the dispute still continued, and too often with asperity and personal abuse, respec- ting the correctness of the policy pursued by the national rulers. President Jefferson and his cabi- net were charged with a wish to promote the ambi- tious views of France, inconsistent with a just neutrality, and calculated to provoke her rival, Great Britain. Spoliations on the commerce of the United States were frequently made by the French vessels ; and when remonstrances were made against the injustice of such treatment, and
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indemnification urged, the government of France attempted to justify its conduct, by alleging that the English nation had set the example, and had been very unjust in its conduct towards the United States. It was supposed, by one party in the State and Nation, that more spirited and decided meas- ures in the general government, would have induced the French rulers to refrain from acts of rapine
The Executive Council was composed of men of different politics from the Governor ; and therefore very little business was donc in that department, during the year.
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and injustice; but, the other party acquiesced in, or fully approved of the measures of the administra- tion, in the belief that it was guided by patriotic motives, and was pursuing the wisest course, in the existing state of Europe.
In 1807, Mr. Sullivan, the candidate nominated in opposition to Mr. Strong, was elected Gov- ernor of Massachusetts, but he had only a small plurality of the votes. The majority of members chosen for Senators and Representatives this year, were of the democratic party. So that all the de- partments of government were of this character, for the first time, after the State was divided into fed- eral and democratic parties. This circumstance, probably, served to induce the national govern- ment to continue its restrictive and non-intercourse system, as the wisest policy for the United States, to shew its dislike of the conduct of the belliger- ents in Europe ; and as the surest way to avoid col- Jisions, and to preserve peace. It was from the northern and commercial States chiefly, that op- position was manifested to the policy of President Jefferson and his Cabinet. And a change in the large State of Massachusetts, in its Governor and Legislature, who were political friends to the na- tional rulers, was seized upon as evidence, that the impartial and patriotic approved of measures, a- .gainst which there had been so much clamour.
Mr. Sullivan had been a Judge of the Supreme Court, and Attorney General in Massachusetts for several years. And he was a man of great tal- ents and industry. When first proposed as a can- didate for Governor, he was charged with some improprieties of conduct in his former years-But. these were found to be unjust, or much exagger- ated.
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Governor Sullivan was much less of a party pol- itician, than many of his supporters wished or cx- pected. He was, probably, disposed to act, in his new public station, with impartiality and can- dour -- But the feelings and views of some of his friends would scarcely allow him to pursue such an honourable course-When he was elected Gov- ernor, in ISOS, the Legislature had become of a federal character again ; and his counsellors were therefore, of this class of citizens. He is said to have observed to a friend, that he had less difficul- ty with this council, than with that of the preceed- ing year. His public speech to the Legislature, when first chosen Chief Magistrate, in 1807, con- tained no party sentiments ; but referred to the con- duct of the general government with approbation, and exhorted the citizens to abstain from virulence and abuse towards the national rulers.
It was in the course of this year, that an Embar- go was laid by Congress, on the recommendation of President Jefferson, without period or limitation. It had been usual in passing acts of restriction on commerce, to specify the time of their continu- anco. This feature in the Bill gave alarm to many, particularly to those who were interested in com- mercial pursuits. 'And it was feared, there would be great difficulty at any future time in obtaining a vote in Congress for a repeal. The President was not considered as a very warin friend to com- merce, and had previously expressed a wish, that the people of the United States would have less intercourse with European and foreign nations, and would be content to be cultivators of the ground. So long as the President was in favour of the Embargo and non-intercourse, his influence
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would enable him to prevail on a sufficient number in the Senate to prevent its repeal. But if the law had been for a limited time, it would be suffered to expire at the period formerly fixed.
The measures of the Embargo produced a great sensation in the Eastern States, and in some others also. It was said, that the governments of France and Great Britain could not be coerced by it. That the injury would be chiefly felt by the citi- zens of the United States; and that, if it was de- signed for the safety of the merchants, it was un- necessary, as they were intelligent men, and could best judge what was the danger of sending their vessels and property abroad. A greater portion of the citizens of Massachusetts probably, than of any other State, in the Union, suffered by this se- vere and unexpected measure. The regular bus- iness of many of them was suspended. The vessels loaded for foreign voyages, as well as other ships were much deteriorated, if not wholly lost. The vessels, not loaded, were hauled up, and disman- tled ; and served only to excite regret for individ- ual losses, or censures on the policy of the nation- al government.
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