USA > Massachusetts > The history of Massachusetts, from its earliest settlement to the present time > Part 18
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310
HISTORY OF MASSACHUSETTS.
[1806.
lenges, together with their respective seconds, were made alike punishable for felonious assault, and were disqualified from holding any official station.
But while the particular affairs of Massachu- setts required no very extraordinary acts of legislation, the foreign relations of the country at large were beginning to assume a troubled as- pect. In our intercourse with Great Britain, Jay's treaty had not been observed by the latter with that strictness requisite to preserve amity between the contracting powers. Repeated acts of aggression committed upon our commerce had at length aroused in the public mind a spirit of indignation that was daily growing in intensity. In August, 1806, Monroe and Pinckney, as joint - commissioners from the United States, made an ineffectual attempt to obtain from Great Britain an amicable settlement of the questions in dis- pute. Upon most points at issue the prospect of a mutual agreement was favourable; but as the English government refused to relinquish the disputed right to make impressments upon the high seas, the conference finally terminated un- satisfactorily.
On the 21st of November, 1806, while these negotiations were pending, Napoleon issued his famous Berlin decree ; and, in retaliation, the British government extended the operation of a previous order in council. Substantially both
311
EMBARGO ACTS.
1807.]
measures were alike, in rendering American or other neutral vessels having British or French merchandise on board, or trading with certain specified ports, liable to seizure by the French or English naval forces. The direct effect of both proclamations was to cripple the commer- cial enterprise of the United States. The ill- feeling thus strengthened against Great Britain, was greatly increased by a wanton and unpro- voked attack which was made upon the American frigate Chesapeake, by the English sloop-of-war Leopard, under the pretence of recovering cer- tain men, claimed as deserters from the British service.
From this time all hope of adjusting the difficulties with England was abandoned; and now commenced that celebrated commercial warfare by embargoes and acts of non-intercourse, through which it was hoped that both England and France would be compelled to adopt a more liberal course of policy. The measures, how- ever, whatever may have been their merits or demerits, were destined to meet with a vigorous opposition nearer home; the New England States, and especially Massachusetts, becoming strenuous advocates for their repeal.
In the spring of 1807, previous to the adoption of the embargo, Sullivan, the republican candi- date, was elected governor over Strong. There was also a democratic majority in both houses
312
HISTORY OF MASSACHUSETTS. [1809.
of the legislature. This was the first time since the organization of parties, that all the depart -. ments of the state had been of that political complexion. With the passage of the embargo the Federalists began to recover their strength. Still, public opinion was fluctuating and undecid- ed; for although, in the spring of 1808, the Federalists recovered their former ascendency in the legislature, Governor Sullivan secured his re-election. By the new legislature, the Em- bargo Act was denounced in a series of resolu- tions, in which its constitutionality was brought into question. Indignation against the admi- nistration increased as the operation of the measure began to affect injuriously the commer- cial interests of the state. Evasions of the
embargo became co on. To prevent these, the "Enforcing Act" was passed by the ge- neral government in January, 1809. A town meeting was held in Boston soon afterward, at which this last act was declared unconstitu- tional and arbitrary ; and such persons as volun- tarily assisted in executing its provisions were denounced, as "enemies of the Constitution of the United States, enemies of the State of Massachusetts, and hostile to the liberties of the people."
Governor Sullivan having died in December, 1708, he was succeeded by Lieutenant-Governor Lincoln, who, in his address to the general
313
1809.]
REPLY OF THE GENERAL COURT.
court, defended the policy of the federal govern- ment, and while exhorting the people to submit patiently to the obnoxious laws, took occasion to censure the various town meetings which had been held throughout the state, as highly im- proper and dangerous to the perpetuity of the Union. He argued that public measures could only be discussed previous to their adoption ; that the moment they receive the assent of con- gress, they expressed the will of the majority, and should be submitted to, otherwise the re- publican principles of government were of no avail.
The general court responded to the address in no favourable tone; and while disclaiming all de- sire to disturb the integrity of the Union, they plainly intimated that they did not consider the embargo and its supplement as constitutional laws. They also passed a resolution declaring the "Enforcing Act" not legally binding ; but, at the same time, deprecated a forcible resist- ance to its execution. On the presidential election of the previous year, the effect of the dissatisfaction throughout Massachusetts had been to give the electoral vote of the state to the Federal candidate, who, however, was de- feated in the country at large. Notwithstand- ing the substitution of the less stringent non- intercourse act for the embargo, Gore, the nomi- nee of the Federalists, was elected governor in
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314
HISTORY OF MASSACHUSETTS.
[1812.
-
1809, while the party majority was increased in both branches of the legislature.
Previous to the state election in 1810, the na- tional administration having relaxed its restric- tions upon commercial pursuits, the politics of Massachusetts indicated a decided change in favour of the democratic party. Gerry, the candidate of the latter for governor, was elected by a small majority, and was chosen by increased numbers the following year, together with a democratic majority in both branches of the general court. But in the spring of 1812, the Federal party succeeded, by extraordinary exer- tions, in wresting the state from the hands of
the Democrats. They re-elected Strong to the office of governor, and obtained a majority in the popular branch of the general court. The control of the senate still, however, remained in the hands of their political adversaries.
1812.]
WAR WITH GREAT BRITAIN.
315
1
CHAPTER XXIII.
Declaration of war against Great Britain-Opposition and ad- verse resolutions of Massachusetts-Governor Strong's de- fence of state rights-Difficulties between the state and na- tional authorities-Strength of the peace party in Massachu- setts-Distress of the people along the sea-coast-Clamour against the national administration-Massachusetts charged with desiring to secede from the Union-Appropriations for defence of the state-The war denounced-The manufacture of woollen and cotton goods-Embargo Act passed by con- gress-Excitement against it in Massachusetts-Massachu- setts supports Vermont in defence of state rights-Conces- sion made to the federal authorities-Eastport, Castine, and Belfast captured by the enemy-Sloop-of-war Adams burned -Machias taken-Additional appropriations made by the general court-Hartford convention-Measures advised by that body-Subsequent action of congress-Impoverished condition of Massachusetts-Treaty of peace-Separation from Maine-Convention to amend the state constitution.
REPEATED attempts having failed to procure from England an abandonment of her unjust . claims with regard to the right of search and im- pressment ; and as that country still persisted in making reprisals upon the commerce of neutral nations, congress, finding hostilities could no longer be honourably avoided, at length formally declared war.
Intelligence of this important event reached Boston on the 23d of June, 1812, while the
$16
HISTORY OF MASSACHUSETTS.
[1812.
general court was in session. The tidings were no sooner officially communicated to the latter by Governor Strong, than the house of representa- tives adopted an address to their constituents, denouncing the war as unwise, inexpedient, and unnecessary ; and expressing the opinion that an amicable and honourable adjustment of the existing difficulties might have been made with the British government. In opposition to this document, emanating from the peace party of Massachusetts, the state senate issued an address, which asserted in calm, but decided language, that the contest was one which could not have been, in honour, avoided any longer ; and that it was necessary for the preservation of our rights and liberties as an independent nation.
Hostilities had scarcely been declared, before a contest commenced between the executives of Massachusetts and of the United States, which, on the question of state rights, completely re- versed the positions primarily occupied by the federal and democratic parties. A few days previous to the actual proclamation of war, Major-General Dearborn, of the regular service, by authority of the president, called upon Go- vernor Strong for forty-one companies of the Massachusetts militia; eight of which it was proposed to march into Rhode Island for the defence of that state. To this call the governor did not respond. Shortly afterward a second
317
STATE RIGHTS.
1812.]
requisition was made, which Governor Strong declined to obey. His reasons for so doing were, substantially, that in his opinion there was no constitutional emergency demanding the services of the militia, they not being needed to enforce the laws of the Union, to suppress in- surrection, or to repel invasion. That, as things were, the militia being drilled, disciplined, and prepared to assemble at the shortest notice, for the defence of the state, "it did not seem wise to subject the nation to the expense, or the citizens to the inconvenience," which would be incurred by the proposed call; and that he did not see proper, nor feel constitutionally bound, to place the militia under the command of regular officers instead of those appointed by the state authorities.
In accordance with these views, he issued a general order, calling upon the militia to be pre- pared to march at a moment's notice to any part of the state which might be threatened with in- vasion, but subject only to the direction of their , own immediate officers. The President of the United States, through the secretary of war, immediately addressed a note to Governor Strong, stating the imminence of the danger, and ur- gently requesting him to call out the militia ; but the governor, finding that the federal au- thorities still persisted in placing the state troops under command of officers belonging to the 27*
318
HISTORY OF MASSACHUSETTS. [1812.
regular service, again declined to act. Here the matter rested for a time; but the non-com- pliance of the governor met with the severest censure from the democratic party, and through- out the country both he and the state whose exe- cutive officer he was, began to be regarded with suspicion and uneasiness.
It must be confessed, however, that a large majority of the people of Massachusetts were prepared to sustain the governor in the stand he had thus taken. Evidence was soon afforded of this in the choice of presidential electors, then, for the first time, left immediately to the people; the federal' candidates, as the advocates of peace, receiving the large majority of twenty- five thousand votes. The result of the general election was, nevertheless, strongly favourable to the continuation of Madison in the presidential chair.
Although, during the early part of the war, no invasion of the state was attempted by the British, the business pursuits of the people on the seacoast were much interrupted. Consider- able distress and uneasiness prevailed in conse- quence. Complaints against the administration, and the policy it had adopted, were heard on every side. Even those who had at first joined in demanding hostilities, no sooner felt their own particular interests injuriously affected, than they became vehement in denouncing the contest
319
WAR APPROPRIATIONS.
1813.]
as one immediately and seriously retarding the prosperity of the state and of the nation.
From this condition of clamorous disaffection, from the sturdy position assumed by Governor Strong in defence of state rights, and from the refusal of wealthy citizens of the state to loan their money to aid in prosecuting the war, the people of Massachusetts were charged with being desirous of seceding from the Union, and of forming, with the other New England states, a new and independent confederacy. But this
charge can scarcely be maintained. That some of the ultra peace men were inclined to carry out such a measure, may be true; but, as a general sentiment, though opposed to the war and believing it to be unwise and uncalled for, the people of Massachusetts were not prepared to encourage a measure so dangerous as secession.
Intelligence having been received of the re- peal of the British orders in council, hopes were entertained of the speedy restoration of peace. These, however, were fallacious ; and finding that the war must be met, the legislature of Massa- chusetts at length began to prepare for the emergency. Accordingly, in January, 1813, they appropriated one hundred thousand dollars to the purchase of firearms and other munitions of war, and authorized the governor to appoint three commissioners, to be intrusted with the defence of the maritime districts. For this
320
HISTORY OF MASSACHUSETTS. [1813.
duty, Generals Cobb, Heath, and Brooks, offi- cers of the Revolution, were selected. During the year, small detachments of militia were called out for brief periods, on the application of people on the seaboard, in apprehension of an attack from British vessels occasionally seen hovering on the coast. The appearance of the militia in many cases prevented descents which had been meditated by the enemy ; but in several instances, their vessels entered remote harbours, and an indiscriminate plunder of the inhabitants not unfrequently followed.
In the political contests of the commonwealth, the Federalists were still triumphant. Governor Strong was re-elected in April by a very large majority; and there was, likewise, a predomi- nance of that party in both branches of the general court. Soon after the commencement of its session in June, that body prepared and forwarded to the national legislature an elaborate address, denouncing the war as impolitic, unne- cessary, prompted by lust of conquest, ill con- ducted, excessively expensive, and jeopardizing to interests which New England would never consent to see injured. Subsequently, however, in view of threatened invasion, resolutions were adopted directing the adjutant-general to request of the war department an immediate supply of arms, to which, according to the law of congress, the state was entitled. No attention, however,
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321
RISE OF COTTON MANUFACTURES.
1814.]
was paid to this requisition, and it was not until near the close of the war that Massachusetts received arms from the general government.
The dissatisfaction of the people still con- tinued, although in the manufacture of woollen and cotton goods a new and profitable business had sprung up during the war, to which much of the present wealth and greatness of Massa- chusetts may be attributed.
In December, 1813, an embargo act, limited in its duration to one year, was passed by con- gress, which prohibited the coasting trade from one port to another in the same state. The seafaring classes of the commonwealth became greatly excited against this law, and clamorously called upon the state government to protect them from what they termed a cruel, unconstitutional, and malicious measure. Petitions and remon- strances continued to be urged against it until its repeal early the following year.
At the commencement of 1814, a resolution was offered to the general court, which was strongly indicative of the feeling with which the federal majority of that body regarded the question of state rights; and which also, not without good reason, excited considerable alarm in the minds of those at the head of the national government. A motion being before congress to authorize the prosecution of Governor Chit- tenden, of Vermont, on account of his late pro-
322
HISTORY OF MASSACHUSETTS.
[1814.
clamation recalling the militia of that state, a resolution was introduced into the Massachusetts legislature, expressive of the duty and readiness of that commonwealth to aid the governor and people of Vermont in maintaining their consti- tutional rights, by whomsoever infringed. Hap- pily, congress did not act upon its motion, and so the resolution was laid on the table.
In the spring of 1814, Governor Strong was again elected. Both houses of the legislature were still strongly federal. From his address to the general court at its opening in June, it was evident that the opinions of the governor in regard to the war remained unchanged. In response, both houses agreed that, under the circumstances, congress had no right to expect or demand from Massachusetts any efforts in behalf of the war further than she was constitu- tionally required to make ; and that the general government was not to suppose that her people, by quietly submitting to its measures, did so either from ignorance of their essential rights, or from a fear of asserting them.
During the months of April, May, and June, apprehensions of attack being entertained along the sea-coast, large numbers of the militia were called into service. At this period, however, the fears of the people seem to have been groundless ; but, as the number of the enemy's ships on the coast had evidently increased, the general court
323
BRITISH DEPREDATIONS.
1814.]
judged it advisable to make additional, prepara- tions for defence, and for that purpose one hundred thousand dollars was placed at the ser- vice of the executive. At the same time, ar- rangements were made with General Cushing, the United States officer in command of the district, to call out and assume control over the militia of Boston and its vicinity, if it should become necessary to repel an invasion. A similar arrangement was entered into with General Dearborn, who succeeded Cushing shortly after- ward : a concession which evinced a disposition on the part of the state to act in concert with the federal authorities.
Early in September, a British armament, con- sisting of thirty large vessels, set sail from Eastport, upon which place they had lately seized, and unexpectedly appeared before the town of Castine, in the district of Maine, which, as well as Belfast, on the opposite shore of Penobscot Bay, fell without resistance into the hands of the enemy. Soon afterward, commit- ting many outrages and depredations on their way, they pushed up the river toward Hampden, where the sloop of war Adams had been forced to take refuge. Finding it impossible to prevent the capture of his ship, the commander of the Adams was reluctantly compelled to set her on fire. After this, the British having left a garrison in Castine, proceeded against Ma-
324
HISTORY OF MASSACHUSETTS.
[1814.
chias, of which they also took possession without loss.
About this time, Governor Strong addressed a letter to the secretary of war, stating the ex- penses incurred by the commonwealth in resisting invasions of the enemy, and requesting the as- sistance of the general government in future emergencies. To this letter the secretary re- plied, that no expenses for the militia would be reimbursed, except in cases where they had been called out in compliance with the requisition of a federal officer; nor could he promise either money or troops for the future protection of the people of Massachusetts.
Regarding the crisis as one in which he could not properly assume the whole responsibility, the governor, on the 5th of October, convened an extra session of the general court to devise measures for the safety of the commonwealth. Resolutions were immediately adopted by both branches of that body, expressing the determina- tion of the state never to submit to the public enemy, and providing that a number of men not exceeding ten thousand should be raised to serve twelve months, the whole to be organized under the direction of the governor. In order to meet the expenses thus incurred, the executive was authorized to borrow, from time to time, a sum of money not exceeding one million of dollars, for the payment of which the faith of the state
325
HARTFORD CONVENTION.
1814.]
was pledged. A report was also adopted, and twelve delegates appointed in accordance with it, recommending a convention of deputies from the several New England states, to meet and confer upon their public grievances ; to devise and adopt such measures as they might deem expedient for preserving their resources ; and for defending themselves against the enemy. A further suggestion was made in favour of a national convention, for the purpose of revising the federal constitution, so as to more effectually secure the support and attachment of all the people, by placing all upon a basis of fair repre- sentation.
The call for delegates from the New England states having been responded to, the convention met on the 15th of December, at Hartford, in Connecticut. Delegates were present from Massachusetts, Rhode Island, Connecticut, and several counties in New Hampshire, the legisla- ture of the latter state having declined acting upon the subject. The propriety of such a con- vention excited much discussion at the time, and has since been frequently and severely criticised. It is not to be supposed, however, without more conclusive evidence than has yet been given, that its object was to foster treason and disunion. The measures advised by the convention do not sustain the probability of such a design. Certain amendments to the constitution were recom- 28
326
HISTORY OF MASSACHUSETTS.
[1815.
mended, and Congress was requested to consent to an arrangement by which the several states represented in the convention might separately or in concert assume the defence of their terri- tory at the national expense. Subsequent to the peace, congress acted upon this request so far as to pass a bill providing for the defence of the respective states in the manner already de- signated.
The British being still in possession of Castine, it was proposed to Governor Strong by the se- cretary of war, that five thousand of the Massa- chusetts troops should be called out to assist the federal government in an attempt at its recap- ture. This the governor declined doing, stating as his reason, that the attempt must fail without the co-operation of an effective naval force.
The winter of 1814-15 was a period of great distress and anxiety to the people of Massachu- setts. They had become impoverished by the long suspension of commerce and navigation ; the necessaries of life were held at exorbitant prices ; and the prospect of peace was vague and uncertain. The finances of the state, too, were greatly reduced ; so much so that, in responding to a demand for aid from the federal govern- ment, the executive of Massachusetts pleaded that the state could not possibly spare any part of the little she had remaining. Yet the patriot- ism of her citizens generally, notwithstanding
327
TIDINGS OF PEACE.
1815.]
the equivocal position in which a large majority of them appeared to be placed, cannot well be impugned; and although they leaned to the opinion that there were sectional views in the policy which had been adopted with regard to the war, they did not believe that the adminis- tration would designedly, and without the strong- est motives of public interest, encourage any measures which were likely to operate injuriously upon any portion of the confederacy.
Unexpectedly, on Monday, the 13th of Febru- ary, 1815, intelligence reached Boston that a treaty of peace had been ratified. The general court, then in session, celebrated the joyful tid- ings by attending religious service. Throughout the city there were no sounds heard but those of gladness and satisfaction. Bells were rung, and a general holiday proclaimed. In the universal enthusiasm, party differences were forgotten ; and in the certain prospect of better days, the distresses of the people passed from their minds.
Governor Strong was again elected in 1815 by a large majority. It may be inferred from this, that his course during the war, however much censured in other parts of the confederacy, was such as met with the approval of those by whom he had been so often confirmed in office. By his political opponents, it was asserted that, in refusing to call out the militia at a period of great national danger, he embarrassed the
328
HISTORY OF MASSACHUSETTS. [1816.
federal administration and gave additional con- fidence to the enemies of his country. To this his friends replied, that he was bound by his oath of office to obey the constitution ; and that to call out the militia, except to repel an inva- sion of the state, would have been a violation of his oath, as well as of the rights of the citizens. Others, admitting that the governor was not dis- posed to embarrass the national administration, disputed the correctness of his opinion in respect to his obligations under the constitution. But the doctrine maintained by Governor Strong has since been advocated by the legislatures of Vir- ginia, South Carolina, and Georgia, and was one which, not having been hastily formed, he ad- hered to through life.
In 1816, Governor Strong was succeeded by General John Brooks, a soldier and statesman of judgment and experience. The latter con- tinued to receive the suffrages of the people for several successive years, until he declined a re- election to office in 1823. His conduct in the chief magistracy being characterized by dignity, honesty, and energy, was acceptable to the great ' body of his fellow-citizens, without distinction of party.
In November, 1816, the legislature appointed presidential electors of the federal party, who cast their votes for Rufus King, of New York, for president, and for John E. Howard, of Mary-
1820.]
STATE CONSTITUTION AMENDED. . 329
land, for vice-president ; but James Monroe, of Virginia, was chosen to the chief magistracy by a very large majority.
In the course of the same year, petitions were presented to the legislature from a number of towns in the district of Maine, in favour of forming an independent state out of that portion of Massachusetts. When the question was sub- mitted to the people, the votes in favour of the measure were not sufficiently numerous to induce the legislature to sanction it at that time. In 1819, the question of separation was again agitated. The general court was led to give its consent on certain conditions relating to public lands, and also with the proviso that the majority of the citizens of Maine in favour of an independ- ent government should not be less than fifteen hundred. This majority was obtained, and con- gress having given its consent, Maine became a separate member of the confederacy in the year 1820.
The constitution of Massachusetts was now forty years old. The separation from Maine, and various other causes, rendered certain altera- tions in that instrument both appropriate and necessary. In 1820, the legislature submitted the question to the people, who decided in favour of calling a convention. That body accordingly met at Boston in November of the same year. It consisted of about five hundred members, 28*
330
HISTORY OF MASSACHUSETTS. [1820.
among whom were some of the ablest and most experienced citizens of the state. The venerable ex-president, John Adams, was called to the chair, but excused himself on account of his age and physical infirmities. Chief Justice Parker was then chosen. The session continued for about seven weeks, during which several amend- ments to the constitution were passed, with the view of submitting them to the people for their sanction or rejection. Of the fourteen articles thus submitted, nine were approved by the popu- lar voice.
In 1820, the electors for president and vice- president of the United States were chosen by the citizens of Massachusetts in districts. The electors all voted for Mr. Monroe, the only pro- minent candidate before the people. The old party grounds had been abandoned, and new men and new measures were agitating the popu- lar mind, preparatory to that later organization of adverse political opinions which resulted in the formation of the two parties respectively known as Whigs and Democrats.
THE END.
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