USA > Massachusetts > History of Massachusetts from the year 1790, to 1820. v. 3 > Part 8
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In 1809, several companies were incorporated, within the State, and chiefly in the county of Berk- shire, for the manufacture of woollen cloths. The business had been prosecuted by some of the enter- prising citizens of that county, to a considerable extent, for a few years preceeding. From the early settlement of the country, indeed, a great portion of the woollen cloths, worn by the poorer class of people, was made within the Commonwealth .- Most families, in the country towns, both of the in- terior and on the sea-coast, manufactured their own woollens. For every farmer was in the habit of keeping sheep, according to the extent of his lands. At the beginning and during the war of the revolu- tion, common farmers, owning only 80 or 100 acres of land, besides clothing their own families, furnish- ed blankets, coats and other woollen garments for the soldiers, to a great amount.
Within the period of 1790 and 1810, a consid- erable change took place, in the style of living ; particularly among the merchants, who had acquir- ed large property by their commercial enterprise. More elegant dwellings were erected, and more
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costly furniture provided for them. The dress and mode of living, of this and some other classes of citizens, became more expensive than it had form- erly been. The opulent imitated the equipage, furniture and style of the higher orders in Europe ; and many others copied the examples of their rich neighbour. This was the natural consequence of increase of property and a more general intercourse with Europe. But, in some cases, it was evident, that the style adopted was beyond the means of the individuals ; and that the change was not in favour of the amount of social enjoyment.
Before the State elections took place in 1810, the general government had relaxed somewhat, in the measure of non-intercourse, and restrictions on commercial pursuits ; and there was a change in the minds of a portion of the people, more fa- vourable to the national policy. Mr. Gerry, the candidate of the democratic party, which approved of the measures and sentiments of the national ad- ministration, was elected Governor over Mr. Gore, who was again supported for the office, by the fed- eralists. 'This result was a matter of triumph to the political friends of Mr. Gerry, though he re- ceived the votos of only a small majority of the people.
Mr. Gerry had been the candidate of the demo- cratic party for Governor, on several former oca- sions ; but did not succeed until this year. IIe was one of the active patriots of the revolution, and rendered great service to the State aud Nation .- In 1776, he was one of the delegates from Massa- chusetts to the Continental Congress, and signed the declaration of independence. And he continu- ed a member of that body for several years after ; VOL. III.
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as well as for a few years after the federal consti- tution was adopted. He was also a member of the convention which framed the constitution of the United States : but had such strong objections to some parts of it, that he did not give it his signa- ture.
The defects in the character of Mr. Gerry, as a public man and a politician, were indecision, and a yielding to the flattery or importunity of others. It was expected, that he would favour his friends and supporters ; but he, probably, did not intend when he was first elected, to give his assent to a sys- tem of proscription, by which his political opponents were to be treated as not having the common rights of citizens in the State. But his advisers, the lead- ers of the party, to which he was indebted for his elevation to the chair of chief magistrate, urged the adoption of an exclusive system; and during the second year of his administration he approved of the laws, passed by the Legislature, by which ofli- ces, which had been long held during good behar- jour and a faithful discharge of duty, were to be "filled according to the pleasure of the Executive ; and thus, not only ofices, which became vacant by death or resignation, were filled by the politi- cal friends of the Governor ; but many faithful and able officers were removed, to make way for others who would be true to the dominant party.
For 1810 and IS11, the two years, in which Mr. Gerry was Governor, the majorities in both branches of the General Court, were democratic ; so that, in most measures proposed to be adopted, there was a harmony of opinion and purpose, be- tween the Chief Magistrate and the Legislative Body. From the time of Mr. Jefferson's acces-
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sion to the Presidency of the United States, Gov- ernor Gerry had been ranked among the friends of the national administration. He probably consid- cred President Jefferson and President Madison, who succeeded in 1809, more republican, than their predecessors were, and their policy better calcula- ted to secure the rights and liberties of the peo- ple. In all his public communications, he spoke highly of their political conduct, and confined his favours to such as were considered their cordial and active supporters.
In his public speech to the General Court, June 1811, on being a second time chosen Governor, Mr. Gerry was direct and full in his expressions of approbation of the policy pursued by the nation- al government ; and was more explicit in his de- claration of the improper conduct of such as con- demned that policy, than during the preceeding year. He seemed to consider all discussions in the public papers, and all resolves passed at public incetings of the people, censuring the conduct of the national and state rulers, as a great impropri- cty, and as tending even to the subversion of the government.
He did not recollect, perhaps, that it was in this way, President Adams was superceded in IS01, and Mr. Jefferson placed in his stead ; an event hailed, by all Mr. Gerry's political friends, as aus- picious to the welfare and liberty of the people .- But in all free countries, those in opposition to the existing administration, must be allowed to exercise the right of discussing and expressing their opinions on the public conduct of their representaives and rulers ; otherwise their boasted freedom is merely nominal. In all such cases, however, it is impor-
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tant that the party which complains and censures, bo governed by a spirit of patriotism and candour.
The dominant party in the State, had this year such a majority, that they seemed confident of re- taining the power in their hands for a long period : and they concluded they might provide offices for their particular friends, without any risk of losing their hold on the favour of the people. The inferi- or or county courts were organized anew ; and this gave an opportunity for the appointment of many of their adherents. A law was also passed giving the appointment of clerks of the Judicial Courts through the State to the Governor, whereas they had before been selected and commissioned by the judges of the respective courts ; and the Gov- ernor was thereupon persuaded to remove the clerks then in office, who were of the federal par- ty, and to appoint others in their places. Regis- ters of Probate and Sheriff's were, likewise, gene- rally superceded by the political friends of the Governor.
What added much to the surprise and dissatis- faction of the people generally, was, that in this political proscription, the veteran patriots of the rev- olution were subjected to privations and loss of office, as well as others who had less of public ser- vices to boast of. The power of a party stript sev- cral eminent characters of public office, whose conduct was without reproach, and whose services had been very great in behalf of the State, as if they had been charged with some heinous crime a- gainst the liberties or the peace of the republic.
An Act was passed, in 1811, on religious liber- ty, which alarmed many of the sober citizens of the State; for it afforded facilities, to such as were
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disposed, to evade the plain injunctions of the constitution ; and gave far greater latitude to the people. in forming religious societies, than had been ever before allowed. Every citizen had, already, perfect liberty of conscience, in his religious wor- ship. But under this law, a man was excused from paying the religious teacher of the town or parish where he resided, although he and his fam- ily attended upon his public services, if he chose to connect himself nominally with another society, at a distance, with which he seldom worshipped. A very few persons, also, were authorised by this Act, to form themselves into a distinct religious society, and thus were excused from all contribu- tions in support of the regular clergyman of the town, although they were of the same faith and do- nomination, and their worship was conducted by one of the laity. A few such societies were form- ed, and served as an apology for the almost total neglect of public religious worship and instruc- tion, by those who belonged to them.
During the same year (1811,) a Bank was cs- tablished in Boston, under the particular influence of the dominant political party, and called the State Bank. Such a company was proposed in 1807, but was not then incorporated. The capi- tal was to be $3,000,000. A few years after, it was reduced to $1,800,000. From the manner in which the company was formed, and the political character of the directors and proprietors, it was supposed to be designed for party purposes. But the time soon passed away, when a monied institu- tion for such objects could be popular ; and in a few years, the State Bank became as accommo- dating and liberal as any others in the common- wealth.
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It was at this period, that the members of the General Hospital of Massachusetts were incorpor- ated, consisting of most of the public characters, and opulent and eminent citizens of the State. Here was no distinction of political party; and it was grateful to perceive the benevolent, the learn- ed and the rich, of every description, uniting their efforts for the establishment of a public asylum, for the sick and the insane of the human race, who had no place of shelter and relief of their own; or who might find that medical assistance, which their insulated situation denied them. The State contributed but little, comparatively, to the funds of the Institution. The public is indebted chiefly to the liberal donations of benevolent individuals for the means of building and of supporting these Hospitals ; both the one, called the General Hos- pital located in Boston, and the one, called the Hospital for the Insane, situated in Charlestown .*
The measures of the national government were such, at this period, that the most intelligent statesmen predicted, that a war with Great Britain was intended ; and that it would probably be de- clared in a few months. Such an event was de- precated by the majority of the citizens of Massa- chusetts. For it would probably destroy a great part of the navigation of the country ; and it was believed by many, that, under the guidance of a temperate and magnanimous spirit, the difficulties between the two governments might be adjusted, without a resort to hostilities. 'The people were ready to make sacrifices and to be subjected to great expenses in defence of their property and
* The latter has since received the name ofthe McLean Asylum for the Insane, on account of a large donation by John McLean, an eminent Merchant of Boston.
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their rights, if war was necessary. But they were not willing to engage in open hostilities with a · powerful naval nation, while there was hope of preserving peace upon just and honourable terms. When they perceived that war was meditated, many withdrew their confidence from those who ap- proved of a menacing and hostile attitude towards Great Britain, and gave their support to those whom they believed to be more pacific in their views. All admitted, that there were disputes to be settled, and evils to be redressed ; but many supposed, that good policy, at the time, required the United States to prefer negotiation to war.
It was also apprehended, that a war with Eng- land would not only be highly injurious to the commerce of the United States, but would serve to unite the destinies of France and America, the result of which would be fatal to the liberty and independence of the latter. The government of France, under a military despot, had become very insolent and unjust towards other nations ; and the most intelligent citizens in the United States expressed great fears from a political connexion with that government.
The speech of Governor Gerry to the General Court, in January 1812, was highly accusatory of the federal party, for supposed anti-republican principles, and for their opposition to the measures of the general government. He represented them as attached to monarchial principles, and more than intimated that they preferred the British gov- ernment to that of the United States .* The ex-
* " Are we not called upon to decide, whether we will com- mit the liberty and independence of ourselves and posterity to the fidelity and protection of a national administration, at the
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pressions, in some instances, were so harsh as to be undignified ; and the spirit and language, in gen- eral, were not calculated to allay, but rather to in- crease the violence of party feelings. The speech must have been written under the full apprehension, groundless as it was, that the federal party was resolved to sacrifice the liberty and independence of the country, to gratify ambitious and selfish purposes.
Soon after this remarkable speech, the Gover- nor directed the Attorney General and Solicitor General to examine the Newspapers published in
head of which is a Madison, supported by an executive depart- ment, a Senate and House of Representatives, abounding with meritorious patriots ; or to a British administration," [who pro- posed this ? ] " the disciples of Bute, who wished to enslave these States, and to American Royalists, who co-opcrated with that government to bind us in chains, while colonists ? Is it not morally and politically impossible that a doubt can exist, in re- gard to the choice ?" Extract from speech of Gov. Gerry, January 1812.
It will appear strange to those, not personally conversant in the scenes and with the parties of that period, that the Chief Magistrate of the State should indulge in such suspicions and feelings ; or intimate them in public, without proof fully suffi- cient to justify them.
Jan. 1812-It was proposed, by a federal member of the House, and also of the Senate, to have a committee appointed to inquire and report to the General Court, what evidence there was of a British party in the State. But the motion was opposed by the political friends of the Governor ; and no committee was raised for the purpose, and no inquiry was ever made. It better served the purpose, of those who made the accusation, to deal in suspicions and dark suggestions than to have a full statement of facts. It was also believed, that the charge of an undue attachment to England against the federal party wes intended merely to rebut or to keep out of sight the charge of too great partiality for France, which had been made as early as 1793 and 95, against the anti-federal party and the opposers of Washington's Administration.
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the Capital, and report to him the number of libel- lous publications which they contained .* He also wrote to Mr. Parker, a Justice of the Supreme Judicial Court for a copy of his charge to the Grand Jury, delivered at the opening of that court in Suffolk, in November preceding. The Judge had stated to the Jurors what constituted a libel ; for several pieces had appeared in the public pa- pers, which were supposed to be of a libellous character. The definition and the explanations of the learned Judge were not altogether agreeable to the political friends of the Governor; and he was, therefore, persuaded to this course, and to re- quest a copy of the charge to lay before the Gen- cral Court. The Judge, in reply, very properly expressed his belief, that he was not responsible to the Governor for his opinion ; and that the Judi- cial department was wholly independent of the Executive. He, however, directed that the man -. uscript, containing the original speech should be furnished.
This conduct of the Governor was generally, considered improper, as he had no constitutional authority to interfere with the opinions of the Ju- dicial Court, nor was he constituted by his office, a Judge of the correctness of legal decisions. Many were alarmed at this attempt to overawc the Judges of the highest judicial tribunal in the State, in the perfect independence of which the
* They reported 252 libels ; 99 in the Scourge, a small and obscure paper : 50 in the Centinel ; 38 in the Gazette ; 37 in the Repertory ; 8 in the Chronicle ; and 2 in the Patriot. The intelligent and independent Editor of the Centinel public- ly called upon the Attorney General and the Solicitor General to detect a single libellous expression in his paper, unless the truth were a libel.
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liberties and rights of the people were involved. What added to the apprehension was, that the call upon the Judge for his opinion on libels issued at the time the Governor denounced a moiety of his fellow citizens, as being more attached to a foreign government than to their own.
A few days before the General Court was ad- journed in February 1812, the Governor sent a message on the subject of libels ; and while it was under consideration, a federal member of the Sen- ateoffered this resolution-
" That the Governor, in denouncing by mes- sage various publications in the Boston Newspa- pers, as libels, especially after a Grand Jury, up- on an examination of some of those publications, had refused to find bills of indictment, manifests an alarming disposition to usurp the power belonging to the judicial department, tending to criminate and injure the reputation of individuals, without affording them an opportunity of defence ; and that the employing of the law officers of the Common- wealth in examining files of newspapers, for the purpose of collecting and divesting such publica- tions, with a view of presenting them to the Leg- islature, instead of a Grand Jury, is a departure from his constitutional province, and an infringe- ment upon private rights."
In support of the resolution, it was said " that the message was most extraordinary and alarming ; stricking at the fundamental principles of the con- stitution and of civil liberty ; tending, if suffered to pass into a precedent, to break down the bar- riers enacted by the constitution for the safety of the whole people, and to destroy all personal lib- erty and security-That if the Governor could.
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thus put at defiance the privileges of trial by Jury, and with his law officers, dependent on himself, set in judgment on the printers, condemn them unheard, and proclaim their condemnation to the world, after the Grand Jury had refused to find bills against them ; no class of citizens were safe ; all must be liable to the same arbitrary exercise of power."
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CHAPTER VII.
Caleb Strong elected Governor in 1812 ..... His Council ..... Extracts from his Speech ..... Restoration of civil officers who had been removed ..... War de- clared by the United States against Great Britain ..... Unpopular in Mas- sachusetts ..... Memorial and address of the House of Representatives ..... Requisition for the militia ..... The Governor declines calling them out .... Opinion of the Judges of the Supreme Judicial Court ..... Different opin- jons on the Governor's conduct ..... Rights of the militia ..... Constitutional power of the President over the militia ..... Opinions of Chief Magis- trates of other States,
The feelings and disputes of the two great polit- ical parties in the State were, perhaps, at this pe- riod, more excited and bitter than at any time from the commencement of these unhappy divisions .- No doubt, individuals of both parties were blama- ble in this respect. Crimination produced recrim- ination, and each represented the other as bad mem- bers of the republic, and as enemies, either design- edly or ignorantly, to the welfare of the Common- wealth. It was the duty of those in places of pow- er and influence, to allay the passions of the dispu- tants ; but, in some cases, they seemed desirous to excite and increase them.
In this agitated state of the public mind, the more discreet and moderate citizens were inquiring . who ought to be selected for Chief Magistrate of the Commonwealth. The voice of the majority, so far as it could be heard, was in favour of Caleb
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Strong, who had been formerly Governor, for sev- cral years; and whose administration had been generally considered prudent, wise and salutary. He was known, at this time, to be in favour of a pacific policy, as he was under the Presidency of Washington, in 1794 and 1795. Hehad great po- litical experience ; and in his character, united firm- ness with moderation.
Great exertions, therefore, were made by the fed- cral party to bring in Mr. Strong as Governor, in 1812. Nor did the citizens of the democratic par- ty relax at all in their efforts, to effect the re-elec- tion of Governor Gerry .* The result was in fa- your of Mr. Strong ; and the popular branch of the General Court was also composed of a federal majority. The Senate, however, still had a major- ity of democratic members.
This political phenomenon was accounted for, by referring to the manner in which the State was dis- tricted, for the election of Senators, during the preceding year, under the administration of Mr. Gerry. A new and arbitrary division of the State into districts was made, for the purpose of securing the election of democratic Senators ; when, accord- ing to the former and natural division, those of a different political character would, probably, and almost certainly, have been chosen. Thus it hap- pened, that while the House of Representatives contained a large majority of the federal or peace party, the greater number in the Senate were of a different political character. Before the Senate proceeded to any public business, Mr. Otis, a men- bersfrom Suffolk, protested against the unconstitu-
Governor Gerry was, afterwards, in 1813, chosen Vice. President of the United States.
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tionality of the late districting law, for the choice of Senators. But no discussion was had of the subject ; for the majority differed from Mr. Otis, and no doubt would have voted down any formal motion he or his friends had made. But any one, who had not approved of the law, for the sake of political ascendency, or whose party was not ben- efitted by it, must have perceived its great impro- priety and injustice.
Governor Strong was aided and supported in his administration, at this time, by a council composed of citizens, eminent for wisdom and probity, and enjoying, in a high degree, the public confidence .* But the Governor and Legislature could do but little to preserve peace, if the national rulers were resolved upon war; except, by remonstrances or reluctant service, they should show the disappro- bation of the State as to the policy of the general government. They might withhold all voluntary and gratuitous aid, if they considered the war un- necessary or inefficient. In any other way, they could not oppose the measures and purposes of the national rulers, without a violation of the princi- ples of the federal compact. And yet the unreflect- ing part of the community, which is not always a very small part, seemed to suppose that a federal administration in the State would produce imme- diate prosperity. It might, however, prevent the accumulation of public evils, if it could not effect positive public good.
* William Phillips of Boston, was the Lieutenant Governor and senior member of the council. General David Cobb, who had been Lieutenant Governor two years before, and a field officer in the war of the revolution ; General John Brooks, who was also a Colonel in that war ; and William Prescott of Boston ; were also members of that Body.
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The Speech of Governor Strong to the Legis- lature, delivered soon after his induction into office, the last of May, 1812, indicated the principles and spirit, by which he would be governed in his pub- lic conduct. . In his administration of the govern- ment of the State, several years before, he had giv- en proofs of prudence and moderation, as well as of decision and firmness, in the exercise of his own legitimate authority. As Chief Magistrate of the Commonwealth, he never encroached upon the rights of any other department of the government, and though sufficiently firm, in adhering to his own opinions, he was ready to exercise candour and good fellowship with those who differed from him. If any part of his speech, on this occasion, was in- tended as a rebuke on the uncandid criminations of his predecessor in January preceding, or on the political intolerance, which had been exercised du- ring the former year, it was in such just and mod- erate terms, that no one could express his disap- probation of it, without proving himself an advo -- cate for party violence and strife .*
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