USA > Massachusetts > The history of Massachusetts, the commonwealth period. 1775-1820 v. III > Part 26
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During this recess, the commissioners were busy in the mild exercise of the authority which had been intrusted to them, and the Supreme Judicial Court was employed in the "no less necessary, though less thankful, office " of trying the offenders. Nearly eight hundred persons took the benefit of the commis- sion ; and, of the prisoners tried, six were convicted of treason in the county of Berkshire, six in Hampshire, one in Worces- ter, and one afterwards in Middlesex, all of whom received sentence of death; while a number of others, convicted of seditious words and practices, were variously sentenced ; and one, in particular, a member of the House of Representatives, was subjected to the ignominious punishment of sitting on the gallows, with a rope about his neck, was fined fifty pounds, and was bound to keep the peace and to be of good behavior for five years.2
Insurrection, 161-164 ; Bradford, ii. 306; Holland's Western Mass. i. 282, 283. As an additional precaution against feigned converts, the select- nen and other town officers were re- quired to take and subscribe the oath of allegiance to the commonwealth.
1 For these articles see Minot's Hist. of the Insurrection, 166; Hol- land's Western Mass. i. 284.
2 Minot's Hist. of the Insurrection, 171, 172; Bradford, ii. 307, 308; and Holland's Western Mass. i. 284, 285, where the names are given.
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256
APPROVAL OF GOVERNOR BOWDOIN'S POLICY.
CHAP. VI. In the mean time, the Governor and Council, in the exercise of that lenity which had hitherto distinguished their course, -1787. Apr. 30. extended a free pardon to eight of the condemned, leaving only two in each of the counties of Berkshire and Hampshire to suffer the extreme penalty of the law. But even to these May 17. a reprieve was granted, though they were taken to the gallows impressed with the conviction that no mercy would be shown to them. Yet, notwithstanding this leniency, a few remained in the attitude of defiance, and continued to act against the government.1
The unexpected death of the treasurer of the commonwealth rendered it necessary to convene for the fourth time the Gen- Apr. 27. eral Court. The chief magistrate, Governor Bowdoin, had found his position peculiarly unpleasant - partly from the policy which he had been compelled to adopt, and partly from the disaffection of many to his administration. He availed himself, therefore, of this opportunity to express his satisfac- tion that the people had seen fit to relieve him of his burdens by the choice of a new executive, and to declare that he should have sooner resigned his office could he have done so without the imputation of deserting his trust at so critical a period. In taking leave of the legislature, he assured them of his affection for the commonwealth, and expressed the hope that juster notions of liberty might prevail, without which licen- tiousness and despotism must ensue.2 The Court, in reply, forgetting for the time their personal piques, accorded to his excellency the warmest praise for the measures he had adopt- ed, declared their confidence in his integrity and good will, expressed regret for his retirement from office, and gave utter- ance to their wish that he might receive from a grateful peo- ple those marks of affection and esteem which were the proper
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1 Minot's Hist. of the Insurrection, 172; Holland's Western Mass. i. 286, 287.
2 Minot's Hist. of the Insurrection, 173; Bradford, ii. 311, 312; Hol- land's Western Mass. i. 287.
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EXPECTED CHANGE OF MEASURES.
rewards for his services and merits.1 Nothing, however, mate- CHAP. rial to the rebellion was transacted at this session, which con- VI. tinued but nine days, save that the report of the commissioners 1787. was rendered. In this document, the causes of the outbreak were specifically alluded to, as arising from public and private debts, and a delusion with respect to the proceedings of the legislature, and the true situation of affairs in the state. The. severest statement it contained was a reflection upon the con- duct of those members of the General Court who had failed. to enlighten their constituents when it was in their power to have silenced the unreasonable complainer, and who had, by their conversation, as well as by their conduct, irritated and inflamed the restless and uneasy, and alarmed the peaceable: but uninformed citizen.2
By the choice of Governor Hancock in the place of Gov- ernor Bowdoin, and by the return of a new House chosen by the suffrages of the citizens at large, an opportunity was offered. to determine to what extent the people were dissatisfied with the state constitution, and the nature of the grievances which. demanded redress. How great were the expectations that, extraordinary demonstrations would be made it is needless to say ; for three fourths of the new representatives had not served in the old court. But, to the utter discomfiture of those who had been loudest in their complaints, the new gov- ernment, so far from retracting what their predecessors had. done, found themselves necessitated to sanction their measures, and a proposition for a general indemnity was negatived by a vote of one hundred and twenty to ninety-four.3 But some- thing must be done to justify the grounds on which they had. been elected ; yet, while they indorsed and continued the ten- der act, recently passed, and condemned the issue of paper
1 Minot's Hist. of the Insurrection, 174; Bradford, ii. 314; Holland's Western Mass. i. 288.
2 Minot's Hist. of the Insurrection, VOL. III. 17
174; Holland's Western Mass. i. 288. 3 Minot's Hist. of the Insurrection, 176, 179; Bradford, ii. 314; Hol- land's Western Mass. i. 288, 289.
1
258
SUPPRESSION OF THE REBELLION.
CHAP. money, they were obliged to comply with the usual measures VI. for the suppression of rebellion and the supply of the troops ;
1787. though the governor consented to relinquish a portion of his salary " for the benefit of the state," he did so with the under- standing that a precedent should not be established thereby ; and all that could be effected in favor of the insurgents was the passage of a resolution, in general terms, that, until the end of the next session, no prosecution should be commenced or proceeded on for sedition or seditious practices.1 Shortly Jun. 16. after, however, the convicts who had been reprieved, but who remained under sentence, were reprieved for a still longer time; and, in the end, when quiet was restored, a full pardon was granted to all but one, whose sentence was commuted to hard labor for seven years.2
1
1788.
:Feb.
Thus, chiefly through the vigilance of Governor Bowdoin, and the concurrence of Governor Hancock, with the sanction of the " sober second thought" of the community, were dis- turbances quieted and order restored. If any thing was want- ing to complete the success of the measures of government, it was furnished by the criminals themselves, the hardiest of whom implored the mercy they had so often rejected ; and even Par- sons and Shays, at a subsequent date, preferred petitions for indemnity and pardon. It is to the honor of Massachusetts that this prayer was granted ; for it proved beyond question the confidence of the people in the stability of their govern- ment, and their willingness to forgive injuries rather than to gratify a thirst for revenge upon men whose guilt had been precipitated by a delusion which was shared with thousands of others.3 Well may the citizens of this commonwealth
1 Minot's Hist. of the Insurrection, 179-186; Bradford, ii. 315; Hol- land's Western Mass. i. 289, 290.
2 Minot's Hist. of the Insurrection.
3 ".There are but two ways," says the author of Cato's Letters, " to gov- ern a nation : One is by their own
consent; the other by force: one gains their hearts; the other holds their hands. The first is always chosen by those who design to govern for the people's interest ; the other, by those who design to oppress them for their own." Shays died in Sparta, N. Y.,
259
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WISDOM OF THE GOVERNMENT MEASURES.
pride themselves upon the wisdom of their rulers, and upon CHAP. that reliance which, even in the darkest hour, has been placed VI. upon the virtue and integrity of the masses.1 In no other 1787. country, it may be safely affirmed, could a crisis so formidable have been passed through so easily. The widest liberty is not incompatible with peace ; and excesses, if threatened, may be left, in a free government, to be checked by the salutary restraints of moral power, whose voice will be heard in the midst of the tumult, and whose thrilling appeals will seldom be rejected.2
It would be unwise, at this day, to rake up the ashes of a fire that has died out, and to revive animosities whose influ- ence was long felt, by arraigning and condemning with undue severity the motives and conduct of the unhappy participants in the struggle which has been sketched in this chapter. It is the province of the historian, indeed, to deal impartially with every subject he is required to discuss ; nor is he to con- ceal the errors and follies of the past for fear of offending a . sensitive pride. But it will doubtless be conceded that men may honestly differ in opinion in matters of state as well as of national policy, without being obnoxious to the imputation of seeking their own ends by the ruin of others. In all dis- putes, there are faults on both sides ; and rarely does it hap- pen that even the best are free from blame. Let us rather
September 29, 1825, aged 78, having, in 1820, received a pension from the United States government. W. Bar- ry's Hist. Framingham, 391.
1 " The majorities of all societies act as if they were not governed. There is in the human heart a princi- ple of rectitude, that acts independ- ently of civil regulation. The same sympathies which knit the first bands of society, and formed man a social being, attend his moral character through all its progressive stages ; and, as they existed without compact or choice, so they continue to operate
without the intervention of a munici- pal monitor." Political Sketches, &c. 34.
2 There is matter for profound con- sideration in the observation of the Marquis of Beccaria, that "the coun- tries and times most notorious for severity of punishments, were always those in which the most bloody and inhuman actions, and the most atro- cious crimes, were committed ; for the hand of the legislator and of the as- sassin was directed by the same spirit of ferocity."
260
WISDOM OF THE GOVERNMENT MEASURES.
CHAP. rejoice that the consequences of a strife, which was pushed to VI. undue extremities, and which threatened to deluge the country
1787. with fratricidal blood, were happily averted by a moderation unsurpassed in the annals of any nation ; and that, whatever errors were committed by the headstrong, and whatever rash vows were uttered under the impulse of overheated pas- sions, excited to madness by real or conceived wrongs, few lives were lost and few homes were desolated; that the tot- tering government lost not at any moment its just equilibrium ; and that, to restore public confidence, it was not found neces- sary to enact upon the scaffold the terrible scenes which have sometimes disgraced civilized nations, and which more often aggravate than mitigate the evil it is wished to remove. In this case, if in no other, judgment and mercy were happily blended ; the limits of forbearance were not overstepped ; and peace and tranquillity were once more restored.
CHAPTER VII.
ADOPTION OF THE FEDERAL CONSTITUTION. DEBATES IN MASSACHUSETTS.
THE insurrection in Massachusetts, during its progress, CHAP excited in all parts of the country the liveliest interest ; and, VII. as the confederation had neither the power nor the means to 1787. interfere for its suppression, its indirect effect was to hasten the adoption of a. national government. The impression, which had been gaining ground in every state, that a political change was absolutely necessary, was strengthened and con- firmed. The gateway of political perdition had been opened ; and, as they gazed into the gulf which yawned at their feet, where the elements of discord were seething and simmering, the most resolute shrank back aghast at the prospect of civil disturbances which threatened to convulse society to its cen- tre, and which could be checked only by conceding to the Union adequate powers for the conservation of peace and order.
" Heu, miseri cives ! Non hostes, inimicaque castra, Vestra spes uritur,"
was the exclamation of the prudent. The nation, it is true, had been delivered from the yoke of foreign domination ; but, to the thoughtful and considerate, it was evident that, "to achieve the independence of a country is but half of the great undertaking of liberty," and that, after freedom, to perpetuate its blessings " there must come security, order, the wise dis- posal of power, and great institutions, on which society may
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262
DEFECTS OF THE CONFEDERATION.
CHAP. repose in safety."1 To provide such security, and establish VII. such institutions, was the arduous duty of the statesmen of
1787. America ; and promptly and effectively did they proceed to its discharge.
The Articles of Confederation, prepared from the models Nov.15. of the Batavian and Helvetic confederacies, and adopted in 1777. the midst of the war of the revolution, were found, at an early date, imperfect in detail, and inadequate to the wants of a growing republic. Not only was the public debt a source of embarrassment, and not only was it difficult to manage, under the old articles, the commerce of the country, especially with foreign parts, but the impracticability of remedying these dif- ficulties was also apparent, so long as the states, actuated by local jealousies, refused to concede to the General Con- gress the power to enforce the requisite laws, and negotiate the requisite treaties.2 The vast domain of the nation at the west, ceded by New York, Virginia, Massachusetts, and Con- necticut, for the use of the United States, and embracing a territory exceeding in dimensions, as well as in fertility, the whole of that occupied by the thirteen original colonies, needed attention ; and, as the power was wanting to ascertain and fix the boundaries of such states as claimed to the Mississippi or the South Sea, and to erect beyond those boundaries new
1 Curtis's Hist. of the Const. i. 273, 274; N. Am. Rev. for July, 1841, 50; Hildreth's U. S. iii. 477. The assertion of the Abbé Mably, that the situation of America immediately after the declaration of independence was similar to that of Rome immediately after the expulsion of the Tarquins, does more credit to his scholarship than to his sagacity. 'There was, in- deed, no resemblance in the cases ; for constitutional liberty seems to have been as little understood with the former as it would have been enjoyed, had they adopted a system superior to their manners and comprehensions. Not only were the circumstances of
the people - civil, judicial, commer- cial, religious, and political - widely different. but in Rome an aristocracy possessed all the dignities, offices, and emoluments of the state, while the plebeians were excluded from all share in the government; nor could the body of the citizens claim a title to govern, who possessed few rights either of property or person.
"For a full discussion of this point, see Marshall's Washington, v. 65-80 ; Curtis's Hist. of the Const. i. 276- 288; Pitkin's Statistics of the U. S. 28 et seq., and Hist. U. S. ii. 225 et seq. ; Hildreth's U. S. iii. 450, 451.
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263
DEFECTS OF THE CONFEDERATION.
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and independent states, to be incorporated with the rest, diffi- CHAP. culties had arisen in consequence of conflicting claims, which VII. became a cause of irritation and alarm.1 The question of 1787. slavery had likewise been agitated ; and whether this institu- tion, which was regarded with favor by few of the wisest and most intelligent statesmen, should be suffered to spread beyond the limits to which it had hitherto been confined, and how far provision could be successfully made with a view to its gradual and general abolition, were points upon which differences of opinion existed, which could be amicably settled, in the esti- mation of many, only by the adoption of a system of compro- mises, trenching but slightly upon the "rights " of the south, and harmonizing with the "free principles " and " prejudices " of the north.2 But the point, above all others, which excited the most serious alarm, was the general inefficacy and impo- tency of the confederation. The federal treasury, from the lack of an established impost, was in an impoverished condi- tion ; the federal authority was but little respected ; its ambassadors abroad were " the mere pageants of mimic sov- ereignty ;" and it was admitted, on all hands, that, as the sovereignty of the states was as powerful as ever, and the sovereignty of the nation was in comparison but a shadow, the situation of the country was critical and perilous ; that the government, which "the foot of a child might over- throw, but which the hands of giants could not rebuild," was tottering to its fall.3 . In this agitation in the councils of
1 On the North-west Territory, see Madison Papers, ii. 639 et seq. ; Brad- ford's Hist. Fed. Gov't. 42, 43 ; Cur- tis's Hist. of the Const. i. 291-302; Sparks's Washington, ix. 58-68; Hil- dreth's U. S. iii. 426, 449, 458, 462. Comp. also the Federalist, No. vii., and Communication of Madison, in Sparks's Washington, viii. 547-549.
also Curtis's Hist. of the Const. i. 299, 306; Hildreth's U. S. iii. 450.
Madison Papers, ii. 620, 710- 3 714; Atcheson's Reports, 55; Ham- ilton's Works, i. 150-168, 189, 223- 257, 331-337 ; Niles's Principles and Acts of the Rev. 402-404; Letters from the Federal Farmer, 5, 6; the Federalist, Nos. xv. and xxi. ; N. Am. Rev. for Oct. 1827, and July, 1841; Curtis's Hist. of the Const. i. 326.
2 On the question of slavery, see Madison Papers, i. 28 et seq., where the discussion of 1776 is given. See "No man in the United States," wrote
264
DEFECTS OF THE CONFEDERATION.
CHAP. the nation, with a suspected leaning, in some parts, towards VII. monarchy, and an open prediction, in others, of a partition of 1787. the states into two or more confederacies, and the fear that the project of closing the Mississippi, in accordance with the views and wishes of Spain, would sever at least the great west from the Union, which would be acceptable to the English government, the only remedy which presented itself to those who had deliberated upon the aspect and retrospect of the affairs of the nation was a general convention, to revise the Articles of Confederation, and, if necessary, to frame a consti- tution " adequate to the exigencies of the Union." 1
Should the inference be drawn from the statements just made that the people of America were capricious and fickle, and that the variety of opinions which was current among them was indicative of an impatience of salutary control, that inference would be as unjust as time has proved it to be illu- sory and deceptive. Nearly three fourths of a century have passed since the close of the revolution ; yet, though variety of opinion is as prevalent as ever, no serious disturbance has hitherto arisen; and, through all the crises of our national history, some of which, certainly, have been sufficiently peril- ous, the good sense of the community, joined to an unusual spirit of forbearance, has enabled us to avoid the shoals upon which others have been wrecked, and to resist the pressure of
Washington to Hamilton, March 31, 1783, in Writings, viii. 410, " is or can be more deeply impressed with the necessity of a reform in our present confederation than myself. No man, perhaps, has felt the bad effects of it more sensibly; for to the defects thereof, and want of power in Con- gress, may justly be ascribed the pro- longation of the war, and consequently the expenses occasioned by it." All his writings, indeed, from this date, are full of this theme, -the necessity of a liberal and extensive plan of gov- ernment, - in which he was deeply
interested. Works, viii. 412, 443, and ix. passim.
1 Madison Papers, ii. 590-594, 599-602, 606-613, 620, 623-625; Sparks's Washington, ix. 173, 205, 261; Marshall's Washington, v. 91, 92; Curtis's Hist. of the Const. i. 326-331; Hildreth's U. S. iii. 460, 464. The earliest sketch on paper of a constitutional government, is said to have been given by Madison, in his letters to Jefferson, of March 19, to Randolph, of April 8, and to Wash- ington, of April 16, 1787. Madison Papers, ii. 714.
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PREPARATORY STEPS TO A CONVENTION.
outward aggressions and of inward commotions.1 Whether CHAP our government is established beyond the possibility of danger VII. in the future, the wisest prophet cannot tell; but it may be 1787. said that, so long as the principles of freedom are cherished, and so long as our statesmen are actuated by a prudence as great, a patriotism as fervent, and a moral principle as sound as in former days, it may be reasonably inferred that, what- ever dangers may threaten us for a season, they will be happily surmounted, and that the fears which have been expressed of the stability of the Union will give place to a confidence based upon the virtue and intelligence of our citizens.
The preparatory steps to the calling of a convention were taken in Massachusetts, during the administration of Governor Bowdoin. Deeply interested in the commerce of the country, , his excellency, in his message to the General Court, suggested the appointment of special delegates from the states, to settle and define the powers with which the national Congress should be invested ; and, as the proposal was approved, resolutions were passed declaring the inadequacy of the Articles of Con- federation, and recommending a convention of the states for their revision. A letter was accordingly addressed by the' governor to the president of Congress, and another to the executive of each of the states ; and the resolves were enclosed and forwarded to the delegates from Massachusetts, with
1785. ' May 31
1 " In other revolutions, the sword has been drawn by the arm of offend- ed freedom, under an oppression that threatened the vital powers of society. But the American revolution took place as a necessary result of long- established opinions. The occasion advanced with the progress of usur- pation ; not sudden, not blown into existence by the breath of incendia- ries ; flowing from the source of sys- tem, and supported by the energies of well-weighed choice, it was moder- ate, resolute, irresistible. Hence is to be proved the force of that sense of civil liberty which requires not the
temper of enthusiasm. It is this union of refinement with the active state of civil liberty that will distract the false theories to which unhappy fortunes have subjected the human character. It is this fact that will justify the ways of Heaven, by prov- ing the consistency of the social na- ture with the political happiness of man. And, from the study of the American democracies, sophistry will be disarmed of the argument against pure liberty in the natural endowments of man, which a state of luxury dis- plays." Political Sketches, &c., ed. 1787, 48.
266
PREPARATORY STEPS TO A CONVENTION.
CHAP. instructions to lay them before Congress at the earliest oppor- VII. tunity, and to make every exertion to carry them into effect.1 1785. July 1. These resolutions, however, were never presented ; for not only was Congress unprepared for such a step, but the dele- gates from Massachusetts opposed it as premature. It is, perhaps, true, as has been suggested,2 that "a deep-seated jeal- ousy of the radical changes likely to be made in the system of the government lay at the foundation of these objections," arising from "an apprehension that the convention might be composed of persons favorable to an aristocratic system ; or that, even if the members were altogether republican in their views, there would be great danger of a report which would propose an entire remodelling of the government." Hence the delegation from Massachusetts, influenced by these fears, retained the resolutions of the state for two months before replying to the governor's letter ; and the legislature, at their Nov.25. instance, annulled their resolutions.
1785. Nov.30. and 1786. The course of Virginia, in the adoption of measures 3 re- ferring more immediately to the commerce of the country, and Jan. 21. the sagacious and watchful forecast of Hamilton in pressing upon New York the appointment of commissioners to attend
1 Bradford, ii. 241-244. iii. 21; Curtis's Hist. of the Const. i. 336, 337. Mr. Winthrop, in his Address on the Life and Services of James Bowdoin, Addresses and Speeches, 117-119, discusses the question as to "who is entitled to the honor of having first urged the enlargement of the powers of Congress for regu- lating commerce with foreign coun- tries, and for raising a revenue from it to support the public credit ;" and though he does not expressly claim this honor for Governor Bowdoin, in view of "the danger of setting up pretensions of priority in great ideas, whether of state policy, philosophical theory, scientific discovery, or me- chanical invention," he observes, "no one can doubt that the earnest official
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