History of the early settlement of Newton, county of Middlesex, Massachusetts, from 1639-1800. With a genealogical register of its inhabitants, prior to 1800, Part 41

Author: Jackson, Francis, 1789-1861
Publication date: 1854
Publisher: Boston, Printed by Stacy and Richardson
Number of Pages: 574


USA > Massachusetts > Middlesex County > Newton > History of the early settlement of Newton, county of Middlesex, Massachusetts, from 1639-1800. With a genealogical register of its inhabitants, prior to 1800 > Part 41


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" And in order to establish funds, effectually to secure the punctual redemption of the Bills to be emitted on the credit of this State, - Be it further enacted, That there be and hereby is granted a tax of £72,000 annually, for seven years, including the present year, to be levied on the polls and estates within this State, £66,000 of which shall be appropriated to and applied for the redemption of the Bills, which may be emitted on the credit of this State."


Upon the passage of this Funding Law, the General Court issued an address to the people, in which they depre- cated a violation of the public faith, in the following im- pressive words :


" If, when it is in our power to redeem the securities, we refuse to pay, then what excuse shall we have ? Can we be willing that the history of the Revolution shall be blackened with the tale that we refused to redeem the securities we had given to effect it ? And shall our posterity blush to hear of that event, because the perfidy of their ancestors exceeded their glory ?"


A large amount of these new emission Bills were loaned to the United States, as equal to specie, and with their endorsement supplies were purchased, which enabled Gen. Washington to capture the army of Lord Cornwallis, pro- duced peace, and established our independence; and with them also, to a great extent, Congress paid the officers and soldiers of the army, and other public creditors ; and the faith and funds of the State and of the United States, were pledged to redeem them. The next year, 1781, the State passed an Act to pay one year's interest on these Bills, and


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also fixed the time for the payment of the interest in the month of August, annually ; and also made the Bills a law- ful tender for taxes and other debts due to the State.


In this position the Bills of Credit rested fourteen years, until 1794; they were then over-due eight years, and (with the exception of one year's interest) neither interest nor principal had been paid. Of course the new emission Bills followed the fate of the old emission, and became very much depreciated.


It does not seem possible to lay a more solid and just foundation, whereon to support a public claim ; and equally impossible to form or enact a more binding obligation, to pledge the faith and funds of the State, for its redemption, than the new emission Bills of 1780; nor a more perfect confirmation thereof, than the Act of 1781, by paying the first year's interest, fixing the time for paying the interest of the succeeding years, and making the Bills a legal tender.


At the June session of 1793, the following order was adopted : "Ordered, that the General Court will, at an early period of the next session, take into consideration the subject of the public debt of this Commonwealth, in order to provide suitable and permanent funds for the punctual payment of the interest thereon, and for the gradual dis- charge of the principal thereof; and that the Treasurer of this Commonwealth devise such ways and means for the payment of the several species of debts of the Common- wealth, at regular and stated periods, and for the gradual sinking of the principal, as shall best comport with the ability of the Commonwealth to discharge, and report at the next session."


From this order grew a second Funding Law, passed Feb. 1, 1794, as follows :


" Be it enacted, &c., that a loan to the full amount of the debt of this State, be opened at the Treasury ; that for the


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sums subscribed to said loan, and paid into the Treasury, in notes and certificates specified in this Act, the subscriber shall be entitled to a certificate of the form following: 'Be it known that there is due from the Commonwealth of Mass. unto - or bearer, the sum of - - dollars - cents, bearing interest at five per cent. per annum, from the 1st day of July, 1794, payable half yearly, and subject to redemption by payment of said sum, or any part thereof, whenever provision shall be made therefor by law.'"


" Be it further enacted, that the faith of the Common- wealth is hereby pledged, to provide and appropriate by annual tax, or otherwise, besides the interest of the debt due from the U. S., the dividends from the Union Bank, money arising from the sale of Eastern lands, and such ad- ditional funds, as may be requisite for the punctual payment of the interest."


This Act specifies that the sums subscribed in said loan may be payable in the following securities, viz. : "Consoli- dated notes - Army notes - notes given for gold and sil- ver - certificates issued by Nathaniel Appleton, Esq., U. S. Commissioner of Loans - Bills of Credit, commonly called 'New Emission Bills,' issued by the State in 1780, at the rate of four dollars in said bills for one dollar in specie, and the interest on said Bills to be computed from the last pay- ment thereof." And the money received from time to time from the loan, to be pledged and appropriated for paying the interest thereof - an annual tax - the proceeds of the sale of Eastern and Western lands, &c., - to be applied to the purchase of the State debt; which purchase was to be made by the President of the Senate, the Speaker of the House of Representatives, and the President of the Union Bank, in such manner, and under such regulations as shall appear to them best calculated to promote the interest of the Commonwealth.


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The Constitution of the United States says, "No State shall pass any law impairing the obligation of contracts."


The law of 1794 not only impairs but actually repudiates three-quarters of the contract solemnly made by the State with one class of its creditors, in 1780.


The Bills of Credit issued under the law of 1780, (and none were issued but for value received,) were guaranteed by the United States, and promised to pay the holders thereof, within seven years, with interest at five per cent., in Spanish milled dollars.


The law of 1794 makes no allusion to the law of 1780 ; it knows nothing about it, but silently tramples its promises under foot, does not promise to pay in specie of any kind, nor fix any time of payment, nor were its promises under that law guaranteed by the United States ; more than all, it . repudiated three-quarters of the promises of the State to its Bill holders of 1780 ! The reason offered - no, not the reason - the excuse was, " that the Bills of Credit were depreciated," and yet the same Act funded, at par, other State securities, quite as much depreciated !


The secret history of the enactment of the Funding Law of 1794, has been thus explained.


The Bills of Credit were but a small part of the State debt, and the holders thereof had little or no influence in the Legislature ; but many of the holders of the notes and certificates, which contained the great bulk of the State debt, were leading and influential members of the Legisla- ture; they were the principal enactors ; their own interest, together with the outside pressure from the lobbies, put it through, and thus sacrificed three-quarters of the rights of the Bill holders.


The promissor having refused to fulfil its promise, Col. Ward presented his bills to the endorser, and demanded payment. The reply of Congress was, that " they had paid


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this debt to the State, and therefore the recourse of the credi- tors must be to the State for payment !" Such a reply from an endorser of a negotiable note to its holder! Whether this excuse be more weak than wicked, seems hard to determine.


Failing to obtain justice from both State and Nation, Col. Ward was at length compelled, by his necessities, to receive the quarter part of his claims upon the State. He held $12,840 of the new emission Bills of 1780, the interest of which, to the passage of the second funding act of 1794, swelled the amount to $20,941.76, one quarter of which amounted to $5,235.44, - this sum he received in January, 1801, of Edward H. Robbins, Esq., one of the Commis- sioners for purchasing the State debt, under the Act of 1794, - at the same time protesting against that small sum being regarded as a full or final payment.


For the residue of his claim, Col. Ward continued to petition the General Court, year after year, to the year of his death, in 1812, leaving a will on record, containing the following clause :


" As the greatest part of my property is in the hands of the Government of this Commonwealth, the possession and use of which is essentially necessary to the comfortable subsistence of my wife and children, it is my advice and desire, that they never cease to demand and use proper means for the attainment of it. For this purpose I ask the assistance of wise and good men, to aid my injured family in necessary measures to obtain justice."


For several years preceding his death, Col. Ward had been reduced from affluence to poverty, by the violation of the public faith, and the broken promises of private indi- viduals. His inventory contained but two items, it is believed, that were ever realized, namely, his household


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furniture, appraised under oath at $349, and a pew in the Old South Meeting-house in Boston, at $100.


After spending the prime of his manhood in the service of his country, the grave at last closed over him, leav- ing a widow and seven children, five of whom were in their minority.


What a spectacle was this, for the Commonwealth of Massachusetts to behold ! The property of the State was then valued at about eight millions of dollars. At this time it is valued at upwards of six hundred millions, and it is still withholding a few thousand dollars from the children of the man whose services went far to secure the indepen- dence, and produce the prosperity which created those millions.


We annex a few short extracts, selected from a large number of newspapers, which contain Col. Ward's communi- cations to the public.


From the New Hampshire Gazette, March 2, 1770.


EDUCATION.


As every community reaps the advantage or disadvantage of the good or bad education of the youth, they should pro- vide for their instruction; for many have children, who have not ability to give them a proper education ; and those who have ability, are often solicitous to feed and adorn the body, while they leave the mind, the infinitely better part, to perish with hunger and nakedness! And to the shame of all nations under heaven be it spoken, the education of the female sex is generally neglected by the public; if their parents are not able to instruct them, (as is often the case, for the poor generally have the most children,) they, how- ever adorned by nature, and amiable in their minds, must


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grope through life in the darkness of ignorance, when nature has fitted them for elevated stations, and eminent service. A wise, benevolent mind, cannot forbear weeping at the thought, and lamenting at the folly of men.


Perhaps no people in the world have equalled those of New England, and other parts of America, in their care to instruct the youth ; in this they have discovered their great wisdom ; this has contributed greatly to their opulence and glory ; but even the generous, eagle-eyed Americans, have failed in this very important concern ; they have not main- tained a sufficient number of free schools, to instruct all the youth of both sexes, and given sufficient encouragement to persons of genius, to undertake the arduous employment of preceptors. The excuse for this great neglect, is the poverty of the people, which is, in truth, the strongest argument for maintaining free schools, and giving generous encouragement to virtuous, ingenious men, to employ their time in the tui- tion of youth, and forming their minds to virtue ; for this is the only way for a people to grow rich. Good education qualifies persons for all employments in life, which are the channels for wealth, and all the delights of life to flow in upon a people ; and this will forever remain an established maxim, " That as learning flourishes, or declines, among any people, so in proportion will religion, wealth, power, and liberty."


May America ever be wise to discern, and pursue the things that belong to her prosperity, and every one contrib- ute all in their power to this glorious design.


From the New Hampshire Gazette, March 23, 1770.


Let it be the determined resolution of every man, that a standing army shall never be permitted in America, without


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the free consent of the House of Commons, in the Province where they reside. Standing armies have ever proved destructive to the liberties of a people, and where they are suffered, neither life nor property are secure, for the ruling tyrant, when he pleases, can seize the one and take away the other. Therefore, my countrymen, let us at this impor- tant crisis act like men, and like christians ; act worthy the descendants of our illustrious ancestors, who suffered hunger, cold and nakedness, and every hardship human nature is capable of, and even death itself, to purchase a quiet habita- tion for themselves and posterity, besides shedding seas of blood in defending their country against their enemies. Surely it is beneath us, who are the posterity of such heroes, to live when liberty is dead ! or even survive it a day! To be a slave is far below the character of an Englishman, and is even a disgrace to human nature.


From the Boston Gazette, August 26, 1771.


To HIS EXCELLENCY GOV. HUTCHINSON : -


If the Ministry shall continue deaf to the voice of rea- son, blind to their duty, or regardless of it, and notwith- standing all your remonstrances, still insist upon your executing their unrighteous commands ; in these circum- stances, Sir, give the world an incontestable proof of your virtue, by one glorious act of patriotism, - conclude your present political existence, and become at once the open and avowed enemy of tyranny, and an inviolable friend to all the liberties of your country and mankind. Then shall you have that good name and loving favor from your fellow men, which is far more to be desired than all the treasure's, vain pomp, and empty majesty which earth affords. Every


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reflection upon acting so noble a part, will fill your mind with that heartfelt joy and sublime pleasure which is insep- arable from a Godly life, feasts the noble soul through all the vicissitudes of time, and enters with it into eternity. This, Sir, is the glorious prize set before you, which I ardently wish you may obtain. Then your illustrious deeds will outlive the sun, and time will quench the stars before it blots out your fame.


From the Boston Gazette, November 25, 1771.


TO ALL THE PATRIOTS IN GREAT BRITAIN AND IRELAND.


ILLUSTRIOUS GENTLEMEN ! - Union of sentiment and uniformity in pursuing this grand concern, is, under Provi- dence, the hinge on which our liberties will turn; therefore this important point demands our deliberate and constant attention. No institution can better answer the end of government, or tend so much to the preservation of free- dom, as the establishment of annual political lectures in the capitol Town of each Province or County, in the Kingdom. Such an institution is begun in Massachusetts Bay, and will, we hope, soon be established in every British Province in America, and in each County in Great Britain and Ire- land. The numerous and important advantages that will result from such an institution are so obvious they cannot escape the weakest minds, and multiplying arguments in its favor might be deemed a reflection upon your enlightened understanding - but we can hardly forbear expatiating upon the blessings that will flow from such an institution. Knowledge is the foundation of human happiness, and grand barrier to keep out tyranny and all political evils. Igno-


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rance is the gate at which the enemy enters the temple of freedom. Mankind want frequent alarms, to keep their attention awake, and constant instruction, to show them the snares of designing men, and guide them in the paths of freedom ; otherwise a fatal slumber gradually creeps upon the people, and before they see their danger, their ruin is inevitable. By annual lectures on government, the atten- tion of every one will be engaged in contemplating this important subject, and deliberating on every interesting matter relating to the general welfare. In these lectures the public interest will be held up to view, errors in govern- ment pointed out, and the people instructed in everything relating to their prosperity and political happiness. Ora- tors, upon these occasions, will be eagle-eyed to discern the remotest danger, and studious to penetrate the hidden scenes of iniquity, and expose them with their authors, to open day and detestation. This seems the surest way to lay a foundation for the invaluable blessing of a righteous government to all generations. Every consideration of duty to God, to our King, to the nation, and to mankind, argues an immediate exertion to accomplish this design. Should any man oppose a plan so evidently calculated for the good of all, he will give a sure demonstration of a bad head or heart.


From the Boston Gazette, December 23, 1771.


TO THE PEOPLE OF AMERICA.


The subscriber has begun to write a system of Govern- ment and civil policy, for the United Provinces in America, which will be published as soon as completed. He purpo- ses not only to take a view of the political systems in other


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nations, and all former States that have flourished in the world, as well as consult the political writers of the present and past ages, but likewise collect the sentiments of all gentlemen that he has opportunity to consult, who are dis- tinguished for knowledge in government and political trans- actions. Therefore he requests of all gentlemen who are disposed to offer their sentiments upon this very interesting subject, that they will favor him therewith, by sending them to Messrs. Edes & Gill, Printers, in Boston.


From the Boston Gazette, January 6, 1772.


If Britain will cultivate the friendship of the Americans, she may have the most glorious prospect that was ever pre- sented to the eyes of a nation. Her wisdom is to let them have an extensive trade, free from all unreasonable bur- dens. This would secure to the parent State the most extensive and lasting benefits ; it would draw the wealth of America into her bosom. So vast will be the demands of Americans for Britain's manufactures, that in process of time, the number of her manufactures may be increased many millions, which will be an amazing addition to her wealth and power. This will enable Great Britain to maintain the sovereignty of the sea; to balance the power of Europe; to ride in triumph among the nations, and com- mand the whole ocean. These and many other inestimable advantages, Britain may receive from the Americans, with their love and good will, if she will govern her conduct by reason, and follow the dictates of sound policy. But let Britain never forget this great truth, - that interest is the only thing that governs nations, and the only tie that will hold the Americans in their union with her. Therefore


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she must make it their interest to preserve the union, by treating them with parental kindness. Never invade their liberties ; hearken to their complaints ; and in every thing show a sacred regard to their welfare and happiness. Then Britain may enjoy peace and harmony with the Ameri- cans ; be made rich and glorious by them, triumph in free- dom, and reign unequalled among the nations, and outlive everthing but time. Terque quaterque felix nemium sua si bona norit.


-


From the Boston Gazette, January 27, 1772.


SALUS POPULI SUPREMA LEX.


TO THE PEOPLE OF GREAT BRITAIN : -


Come, fellow subjects and fellow christians, let us reason together. God and nature has made us free, and placed us on a level; don't let us impiously usurp the gifts of our common parent, and violate the laws of heaven, by destroy- ing that liberty which is the basis of human happiness. No nation in the universe, that we have any knowledge of, has such a glorious prospect as the English ; our only danger is a disunion ; if this takes place, Britain must fall; but Amer- ica will be independent ; her situation and vast extent of territory, and natural advantages for independency, wealth and power, assure her freedom. Let none be deluded with this absurd ministerial doctrine, " that a supreme power over the whole nation must be in the British Parliament, and the nation cannot be governed without it ;" this is the product of weak or wicked heads, and tends to the disunion and destruction of the commonwealth. The true plan of govern- ment, which reason and the experience of nations points out for the British empire, is, to let the several Parliaments


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in Britain and America be (as they naturally are) free and independent of each other, as the Parliaments are in Holland. And as the King is the centre of union, and one-third of the whole legislature, the various parts of the great body politic will be united in him ; he will be the spring and soul of the union, to guide and regulate the grand political machine. Common interest (the great and only bond of society) will cement the various members, invigorate the whole body, and perpetuate the union. This will hold every joint and member in its proper place, and while all find themselves free, a noble ambition will stimulate every one, to contribute to the happiness and glory of the whole em- pire; peace and harmony will reign through her vast domin- ions, while discord, jealousy and envy, the bane of nations, will be heard no more. Thus Britain may be free and happy, rich and glorious, to the latest period of time. And so vast are the treasures of national wealth and power which she may receive from this great continent, imagina- tion can hardly set bounds to her future splendor. George may be the greatest Monarch, and his dominion the most august empire ever formed by the sons of men.


The plan of government here exhibited, is the only path of safety for the nation; if she departs from it, a disunion between Britain and America, and a dissolution of the empire, will be the inevitable consequence. Both these are as plain as the high road at noon-day. Therefore it is hoped the British Ministry and Parliament will no more insult human understanding with vain pretensions of superi- ority over the Americans. These Colonies never made any agreement with, or acknowledged any dependence upon, the Parliament of Great Britain, nor ever will. Their con- tract was with the King, and none else. Him they acknowl- edged as their lawful Sovereign, and are willing to bear a just proportion of the charge, in supporting his dignity and


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that of the nation ; but of this proportion, and how to col- lect it, they will be the judge - without this privilege they would be slaves, destitute of every ray of freedom, and slaves they will not be.


Let all who would tax the Americans, consider and weigh well the following considerations. The number of people in British America, according to their increase in years past, will, in a little more than twenty years, be equal to those in Great Britain. In fifty years they will be double ; and in a century from the present time, the Americans will amount to sixty millions. Can any one imagine this vast country, with such a multitude of people, will long be in slavish subjection to Britain ? He may as well suppose she will govern the whole universe.


From the Boston Gazette, December, 1772.


TO THE BRITISH PARLIAMENT.


MY LORDS AND GENTLEMEN: -


It is the common fate of nations that fall by luxury, and a corrupt administration, not to see their danger until de- struction seizes upon them ; and as a deaf ear has so long been turned to the voice of reason, we have great cause to fear this will be the fate of England.


America, in spite of envy and malice, and the united efforts of her enemies, will rise superior to all opposition. Her situation, extent of territory, and natural advantages for wealth and power, give her the most certain prospect of freedom. And nothing can be more absurd and vain, than for Great Britain, or any other nation, to attempt the sub- jection of America ; it is impossible, in the nature of things,


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that such a vast people, so advantageously situated for inde - pendence, should long submit to impositions. "T is contrary to the nature of power to bear insults, and men will no longer be slaves when they can be free. All the passions in the human mind are opposite to subjection, and every one thirsts for that freedom which heaven has taught man to love and aspire after. It is clear to every rational mind, that the Americans will soon have it in their power to be independent of Great Britain; and therefore kindness and friendship are the only means by which she can maintain her union with the Americans, and derive from them great and lasting benefits. Every attempt to enslave them, has- tens on their independency, and the fate of those who would oppress them. The fleets and armies lately sent to awe the Americans into mean submission, cease to operate upon their fear, and only enkindle the passion of indignation and resentment.




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