USA > Massachusetts > History of Massachusetts from the year 1790, to 1820. v. 3 > Part 7
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If that feature in the Embargo Act, which gave to it the character of indefiniteness and permanen- cy, was alarming to the people generally, the more intelligent saw in the measure a reason for greater dissatisfaction. The considerations, upon which + the President recommended the measure to Con- gress, publicly, were not such as to satisfy them, that the law was necessary for the protection of commerce and the security of the maritime rights of the nation. There did not appear to be a sufficient call for such a measure, in the documents laid be- VOL. III. 13
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fore Congress by the President, when he sent a message advising its adoption. The vote of John Q. Adams, one of the Senators of Massachusetts then in Congress, in favour of an unlimited Em- bargo, so injurious to the interests and so repug- nant to the feelings of the people of the State, gen- crally, was also the occasion of much surprise and animadversion, among the political characters of that day. He could not be ignorant of the injuri- ous effects of such a measure upon the pursuits of his constituents. And it was at first believed, that some very strong reasons operated in his mind, to induce him to vote for the act, which had not been made public. But, when it was found, that he voted without giving any reason, except that the President had advised to the measure, and de- clared, that it was not a time to inquire nor to de- liberate, the citizens were the more surprised, at his conduct ; as he had not only deserted the cause and interests of the people, whom he repre- sented, but avowed as the sole reason for his vote, that the Executive was in favour of such a procced- ing. This was surrendering his own judgment to that of the President, instead of acting either for the benefit of his own State, or for the honour and welfare of the nation. The federal party, which Mr. Adams deserted by this conduct, imputed his vote to a desire to conciliate the favour of Presi- dent Jefferson and his friends, who were then a large majority of the nation ; but the latter affect- ed to see in it, only a devotion to the public good, and a resolution to act according to the convictions of his own mind.
Timothy Pickering, the other Senator in Con- gress from Massachusetts, when the Embargo Act
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was passed, opposed the measure, as improper in principle, on account of its being unlimited in time ; . and as inexpedient and impolitic, in the condition of the country, and the ostensible purpose, for which it was proposed. He addressed a long let- ter to Governor Sullivan; but intended for the Legislature and people of Massachusetts, to whom he considered himself bound to give his views on the subject. The Governor did not immediately publish the letter. For this omission, he was se verely blamed; as it was addressed to him as Chief Magistrate of the State, to be communicat- ed to the Representatives of the people. When a few weeks after, the letter of Mr. Pickering was published, it convinced a great portion of the citi- zens of Massachusetts, of the inexpediency of the Embargo ; and some were even led, to suppose that it was designed to favour the ambitious views of the Emperor of France.#
The Embargo law was so injurious to the pros- perity of the State, and consequently, so unpopu- lar, that a change of political opinion soon took place in Massachusetts, to a considerable extent. The people withdrew their confidence and sup- port from candidates for public offices, who were
. Soon after Mr. Pickering's letter was published, Mr. Adams saw fit to address one, through the press, to Mr. Otis ; in favour of the Embargo. It is a remarkable fact, that in this letter he aims to show the policy and wisdom of the Embargo law, by referring to an act of the British Ministry, which was not known when the Embargo was laid. He admits that the papers transmitted by President Jefferson did not warrant the measure ; and he would justify his vote, by resting on a cause, not known to exist. But when a politician departs from a strait-forward course, the error of an anachronisin is not the on- ly one he is likely to commit.
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friendly to the embargo, and to the general policy and measures of the national government. Govern- or Sullivan, indeed, was again elected in ISOS; but the majority, both in the Senate and House of
Representatives, was of the federal party. This was a great disappointment and mortification to the friends of the restricting system, and the supporters of Mr. Jefferson ; for they had calculated, that the government of the State would long continue in their hands. Whether Mr. Adams was of this o- pinion, when he declared himself in favour of the policy and administration of President Jefferson, is not known. But there were not wanting, those who believed, that he expected when he voted for the embargo, the democratic party in Massachu- would remain the majority. In June 180S, about nine months before the time would expire, for which he had been elected a Senator in Congress, Mr. Lloyd was appointed to succeed him. Mr. Adams was so offended with being thus superced- ed, that he resigned his seat in the federal Senate for the residue of the time he had then to serve .- The reason given by him, was, that, as it was ap- parent his constituents did not approve of his po- litical cnduct, he thought it proper to retain his seat in the Senate no longer. But Mr. Adams must have known sometime before the election of Mr. Lloyd, that his vote on the embargo, as well as on some other questions, agitated in Congress, in 1507, was not approved by the people of Massachusetts.
The same spirit and policy, which induced the national government of 1807-1808, to pass a law for an Embargo without necessity, and without fixing upon a certain term of time for its termina- tion, led to additional acts upon the subject, re-
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straining the people almost from the freedom of go- ing upon the ocean at all, and imposing regulations even on the coasting trade from one State to anoth- er in the Union. There was an interdiction against carrying the necessary article of corn from a South- ern to a Northern and Eastern port, without a spe- cial license and approbation of the President. In pursuance of this regulation, the President of the United States requested Governor Sullivan to give him information who would be suitable and proper persons to allow to carry flower from a port in a Southern State, to Boston, or some other port in Massachusetts. This was considered as an arbi- trary and oppressive measure. Yet those, whose party views were so strong as to judge rather from feeling and prejudice than reason, justified the pro- cecding. The article of fish was not allowed to be carried to a foreign market, though there was a great quantity, beyond what was necessary for home consumption ; and thus those engaged in the cod fishery were subjected to a great loss .* Loud complaints were heard in many parts of the State, because of these acts of the national government ; and yet many professed to believe, that these meas- ures would induce both England and France to treat the United States with more respect and jus- tice; that there might be "reasons of State" to justify them, of the validity of which the people generally, could not judge.
In the course of the year 1807, a proposition was made and adopted in Vermont, for an alteration of the federal constitution, giving power to the na-
* A petition was sent from Boston, for the exportation of fish, which were decaying. But the petition was not granted .- Mr. Adams was Chairman of the Committee, to which it was referred,
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tional Executive to remove the Judges of the Su- preme Court of the United States from office, on an address of the majority of Congress, without impeachment for any high crime or misdemeanour. The proposition was laid before the Legislature of Massachusetts for its consideration ; and it passed in the House by a vote of 92 to 44. President Jefferson approved of such a change in the con- stitution. He was not in favour of the absolute and entire independence of the judges; and some recent decision had given him great dissatisfaction, particularly the opinion of the Chief Justice on the trial of Mr. Burr for high treason. The influence of Mr. Jefferson, at that period, was very great .- His political friends and supporters were desirous of carrying all his plans and wishes into effect .-- But in this plan, he did not find the majority to sup- port him.
The most violent of the democratic party in the State, attempted to introduce a system of political intolerance and proscription, during the administra- tion of Governor Sullivan. But he generally resist- ed and prevented the execution of their plans .- several Sheriff's however, were removed from of- fice, by the Supreme Executive, during his admin- istration ; under a pretence, indeed, by their polit- ical opponents, of incompetency and unfaithfulness, but without party views, they would have been suf- fered to remain. This was considered arbitrary con- duct, though not strictly unconstitutional or ille- gal. For in all cases of appointment to office, by the Governor and his Council, unless it was expressly otherwise provided, as it is in all judicial officers, it was supposed there was a right to remove old in- cumbents and to appoint others in their places .--
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The tenure of office for the judges was that of du- ring good behaviour ; but as to most other public civil officers, who received their appointment from the Governor, he, in fact, had the right to super- cede them, at his pleasure, with the advice and consent of the council. Their commissions were so expressed, as to indicate this right. But the power was not often exercised, except in case of mal-administration in office.
During the administration of Governor Sullivan, the Courts of Sessions in the several counties of the State, were organized anew. Formerly, these Courts were composed of all the Justices of the Peace within the county ; and they had jurisdic- tion as to public roads, support of paupers, &c .- A law was now passed providing that the county Courts of Session should be composed of three, four, or five persons, according to the population of the shire ; one of these was appointed Chief Justice, and the others, Associate Justices. A law was also made for the appointment of an attorney in every county, who in the absence of the attorney general, should perform the duties usually dis- charged by that officer. The practice had been for the County Court to appoint an attorney, at the court, or for every year.
It was a great reproach to the democratic party, that the Treasurer of the Commonwealth, who had been appointed by them, to the exclusion of Mr. Jackson, who filled the office with fidelity and tal- ent, became a public defaulter, during the admin- istration of Governor Sullivan, to a large amount. Mr. Jackson was a man of great punctuality and an able financier : but he was obnoxious to the democratic party ; and Mr. Skinner chosen in his-
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placc. IIe was so unwise and indiscreet, as to speculate with the public money-and was unable to refund, in the amount of $70,000. His sureties were numerous, but not opulent. He had been put into the office, as a reward for his zealous ser- vices in favour of the democratic party. The Commonwealth eventually lost a considerable sum by his default and that of his bondsmen.
On the demise of Governor Sullivan, which was in December 1SOS, Lieutenant Governor Lincoln occupied the place of Chief Magistrate for the re- mainder of the political year. He was less toler- ant and elevated in his political feelings than Gov- ernor Sullivan had been. It was generally believ- ed, that he urged the Governor to adopt a severe and exclusive policy, by which he might proceed to remove all the federalists from office in the State, and to appoint those of the democratic par- ty in their place. The vote of the people, by which the majority of their rulers was of a partic- ular political sentiment, he argued, was indicative of their wishes. But Governor Sullivan could not be persuaded to adopt this exclusive policy. The
Lieutenant Governor in his speech to the Legisla- ture, in January 1809, referred to the meetings of the citizens, which had been holden in several sca- port towns, to remonstrate against the restrictive system and the Embargo, and to point out the in- juries and oppressions which were consequent thereto. He condemned these meetings, as highly improper and as manifesting a spirit of dangerous opposition to the government of the nation. His arguments convinced but a very few ; for the cit- izens of Massachusetts always claimed the right to discuss the conduct of their public servants, and to
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remonstrate against measures which they consid- ered arbitrary and oppressive.
The year 180S was a period of much depres- sion to the business and of great trial to the patri- otism of the citizens of Massachusetts. They could not perceive the necessity of the Embargo ; especially for so long a period ; and their priva- tions and sufferings under it, excited their feelings in no ordinary degree. They complained loudly and constantly of its evils, and held meetings in many places to petition Congress for its removal, or to request the aid and interference of the Leg- islature. Individuals, on some occasions, at these meetings, and anonymous writers in the public pa- pers, expressed themselves, under the influence of irritated feelings, in a manner not altogether justi- fiable or proper. Some considered an unlimited Embargo to be unconstitutional : and some even declared, that unless soon withdrawn, it would be resisted by force, and might lead to a dissolution of the Union.
But this was the language of suffering, and of a few insulated citizens, inconsiderately uttered. No body of men, either of the Legislature or of towns or counties, over seriously advocated or proposed such a measure in Massachusetts. Nor was there ever just reason to believe, that any public char- acters, or individuals who had the confidence of their fellow citizens, meditated the dissolution of the Union, for any purpose whatever. The mem- bers of the Legislature remonstrated against the Embargo, and pointed out its impolicy and its de- structive effects. The people in many towns did the same; and in some cases expressed their fears of an undue foreign influence, and an utter disre- VOL. III. 14
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gard of commerce, as among the causes of that oppressive measure. It was not until some years later, that the story was made and circulated, for party purposes, no doubt, that a portion of the pat- riotic citizens of Massachusetts was plotting, with the agents of a foreign nation, against the unity, the peace and honour of their own country.
The charge was as vague, as it was unfounded ; and it was necessarily vague, in proportion to the absence of all evidence and proof. When this ac- cusation was first made, it was privately and only to a few, that it might produce all the possible bad effects, which were intended, before those ac- cused could have an opportunity to shew their in- nocence. When an inquiry was afterwards made both by the State and federal governments, no ev- idence could be furnished to lead any intelligent and impartial citizen to retain even a suspicion of the truth of the accusation .*
* On an examination of John Henry, who professed himself a British agent, before a Committee of Congress, in 1809, it was found that he had no evidence to give, criminating either any bodies of citizens, or individuals, who had engaged or pro- posed to engage in the dismemberment of the Union, or a pur- pose to join themselves to Great Britain. The most devoted friends of the national administration, who had strong prejudic- es against the citizens of Massachusetts and other Eastern States, declared their was no evidence of the existence of such a plot or purpose. Henry was an adventurer, and took advan- tage of the suspicions and prejudices of the administration to obtain money from the government. And he received $50,000 for imposing upon the President and his Cabinet !
In 1812, when an inquiry was made by the Senate of Massa- chusetts, as to the past concern of Mr. Otis, who had been President of the Senate, and of Mr. Bigelow, who had been Speaker of the House of Representatives in such a project, a large majority of that Body, which was then democratic, ex- pressed an opinion decidedly and fully exonerating them from
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In January 1809, twelve months after the Embar- go was laid, an additional act was passed by Con- gress, to enforce it under the pretence, that eva- sions of the first law had taken place, and that vessels, cleared out only as coasters, had carried cargocs to Europe. This act was more strict and severe, than the first law of December of IS07, in its operation on coasting vessels. The various regulations and the expences, to which the coast- ing trade was subjected by this statute, were so oppressive, that the people, especially, in the sea- port-towns, became very discontented; and, as they had no hope of redress from Congress, they made known their grievances to the Legislature of the State. These remonstrances and petitions were very numerous, and a committee of the Gen- eral Court was appointed to consider them. The committee reported the following resolutions in February, which were adopted by both branches of the Legislature.
all impropriety of conduct in relation to the subject. No one who laid aside the prejudices of party believed them, or any other public men in the State, guilty of the charge.
In March, 1812, Mr. Madison transmitted to Congress some documents " designed to prove that, at a then recent pe- riod, a British agent had been secretly employed, in some parts of the Union, and particularly in the State of Massachusetts, in fomenting disaffection to the government of the United States, and in intriguing with certain individuals for that purpose." Mr. Lloyd a Senator from Massachusetts moved that the Sec- retary of State be directed to lay before the Senate the names of any persons in the United States, and especially in Massa- chusetts, who had, in any way or manner whatever, entered into, or most remotely counter.inced such a project. The Pres- ident replied, " that the department of State was not in posses- sion of any names of persons in the United States who had, in any way or manner, entered into or countenanced the project or views, for the execution or attainment of which, John Henry was, in 1809, employed by the Governe: of Canada."
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"That the act of the Congress of the United States, passed on the 9th day of January in the present year for enforcing an act laying an Embargo and the several acts supplementary thereto, is, in the opinion of this Legislature, in many respects, unjust, oppressive and unconstitutional,* and not legally binding on the citizens of the State. But notwithstanding this opinion, in order finally, to secure a certain and permanent relief, it is earnest- ly recommended to all parties aggrieved by the operation of this act, to abstain from forcible resis- tance, and to apply for remedy, in a peaceable manner, to the laws of the Commonwealth-That a suitable remonstranco be prepared and forward- ed to the Congress of the United States, from this Legislature, expressing their opinions and feelings on the subjects of complaint, contained in the pe- titions of the citizens, and particularly urging the repeal of the said act of Congress, of January 9th 1809-That the Legislature of this Commonwealth will zealously co-operate with any of the other States, in all legal and constitutional measures, for procuring such amendments to the consti- tution of the United States, as shall be neces- sary to obtain protection and defence for commerce, to give to the - Commercial States their fair and just consideration in the government of the Union, and for affording permanent security, as well as present relief from the oppressive measure, un- der which they now suffer."
* It was also solemnly pleaded by the most learned Council, in the Courts of the United States, in cases, arising from al- leged breaches of the Embargo act, that the law was uncon- stitutional ; and Jurors failed to give a verdict of guilty, be- cause they considered the law improper, and not because there was want of evidence to convince them the law had been violated.
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The people had become impatient, under their privations and sufferings ; and sometimes used the language of menace, which the more wise and pru- dent disapproved. About the time, the resolutions above recited were adopted, on the petitions of the citizens who had applied to the rulers of the State for relief, the two branches of the General Court voted to have public religious service, to unite in devout supplication to God, for deliverance and fa- vour. They invited the Lieut. Governor and the members of the Council to attend. The latter readily joined in the service ; but the Lieut. Gov- ernor declined ; and intimated, that he considered the act hypocritical and designed for party purpo- ses.
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CHAPTER VI
Mr. Gore elected Governor in 1809 ..... His character and administration .... Settlers in Maine quieted ..... Mr. Gerry chosen Governor in 1810 ..... He approves the measures of the federal government ..... Re-chosen for 1812. Adopts an exclusive political system, and denounces those who differed from him as to national policy ..... Courts altered ..... Clerks, Sheriff's and Registers of Probate removed from office, merely on' account of their political opinions ..... Expenses of 1811, for Representatives.
'The State elections for 1809, were attended with as much spirit and activity, as on any former occa- sion. The people were groaning under the dele- terious influence of the Embargo, and other meas- ures unfavourable to commerce ; and the conduct of the national government was considered by the ma- jority in Massachusetts, neither wise nor magnan- imous. Christopher Gore, the candidate support- ed by the federal party, was elected Governor ; but not by a very large vote. He received 2,500 more than were given to the other candidates. Mr. Levi Lincoln, the former Lieutenant Governor, receiv- ed the suffrages of the other political party. . The government of the State was administered by Mr. Gore under the influence of the most honourable and patriotic views. But it was still a period of great political excitement ; and, on many occa- sions, the bitterness and rancour of party feelings were unhappily apparent. Mr. Gore had been much in public life, and was particularly qualified for the office of Chief Magistrate. Law was his
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profession, and politics had long been his study .- HIe was federal Attorney for the district of Massa- . chusetts, by appointment of President Washington in 1790. Afterwards he was a commissioner to England, under the treaty of 1795, to adjust the claims of American merchants on the British gov- ernment, for spoliations committed on the high seas, on the vessels of the United States, in 1793. For several years, he was a Senator in the State Leg- islature from the county of Suffolk. He had also been the candidate of the federal party, for Gov- ernor, the year preceding.
At the session of the Legislature, in June 180S, a law was passed to favour that class of settlers in Maine, who had taken up and cultivated land with- out purchasing of any one, or knowing who were the real owners thereof. This description of citi- zens was numerous ; and the reason assigned by most of them was, that it was impossible to ascer- tain who had a just right and title to the wild Jands on which they had settled. Owing to incorrect descriptions of tracts of land purchased, several years before, and still claimed by non-residents ; there were several opposing claims to almost all the wild lands in that section of the State. The settlers were sued for the' lands they had taken up, by different claimants ; and in many instances sub- jected to great vexations and expense. The law provided that the settlers should be quieted in their possessions, by paying to the true owners of the land, a sum, at which it would be valued, if then unsettled or uncultivated; or, if they preferred giving up their possession, that the persons adjudg- ed to have the true title should pay to the occu- pants the amount which the improvements, in build-
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ing and cultivation, had added to the worth of the land, in the market, or at a fair and impartial val- nation. The law provided, that the sum awarded to the owner of the land, was to. be paid within a short period. This condition was considered a hardship ; for very few of the settlers could possi- bly make the whole payment within the time re- quired ; in which case, they would fail to receive any benefit from the statute. In 1809, during Governor Gore's administration, an amelioration of the act was made, and the settler was allowed more time to make payment for his land.
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