The history of the insurrections in Massachusetts. In the year seventeen hundred and eighty six. And the rebellion consequent thereon

Preface

However disagreeable it may be to rei'iew the troubles of our country, every patriot will look upon it as his duty, not to let them pass -ivithout notice. The period of misfortune is the most fruitful source of instruction. By investigating the causes of national commotions , by tracing their progress, and by carefully marking the means through which they are brought to a conclusion, 7vell established principles may be deduced, for preseiinng the future tranquillity of the Commoiiwealth. No person, therefore, will consider it as an unnecessary renewal of painful ideas, or as a wanton publication of transactions, which some may wish, what indeed is impossible, to bury in oblivion, when we candidly and respectfully look into the late insurrections. By such a research many misconceived ideas, tending to the discredit of the country, maybe removed; and the publick reputation vindicated ; as the causes which led to the late national difficulties, when rightly understood^ operate as an apology for them ; and the manner in which these difficulties xvere suppressed, does

IV honour to the government, and displays the strongest marks of rejiection and xvisdom in the people.

The present time is thought the most suitable for the following history^ because the materials are most easily collected, and any etrors xvhich may take place most readily ascertained, whilst the evetits are recent. In some countries, strong reasons might operate, for leaving it to posterity to discover facts, under the disadvantages of distance of time, and the false impressions, perhaps, of imperfect tradition : But, from the happy condition of our country, this duty may be performed at an earlier, and more favourable season. The spirit of party has yielded to systems of conciliation ; freedom of inquiry, and the privilege of forming opinions for ourselves, are unrestricted ; and whilst we preserve decency of expression, there is neither a disposition in our magistrates, nor any authority known in our laws, to silence or control the language of truth.

BOSTON, irss.

HISTORY

INSURRECTIONS, &(

Part I

IN order to judge rightly of the causes which led to the insurrections in Massachusetts, in the year 1786, and the unfortunate rebellion which ensued, it will be necessary to take a view of the situation of that Commonwealth at the close of the war. The citizens were then left free indeed, and in full possession of the valuable objects w hich they had fought to obtain. But the price of those objects was high, and could not but be attended with the usual consequences of great exertions, when founded on the anticipation of publick resources. Their private state debt, when consolidated, amounted to upwards 1,300,000/. besides 250,000/. due to the officers and soldiers of their line of the army. Their proportion of the federal debt, was not less, by a moderate computation, than one million and an half of the same money. And, in addition to this, every town was embarrassed, by advances ^vhich they had made, to comply with repeated requisitions for men, and supplies to support the army, and which had been done upon their own particular credit. The weight of this burden must strike us in a strong point of view, if we compare it with the debt before the war, which fell short of 100,000/. and with still more force, perhaps, if we consider, that by the customary mode of taxation, one third part of the whole was to be paid by the rateable polls alone, which but little exceeded ninety thousand. True it is, that a recollection of the blessings which this .debt had purchased, must have operated, in the minds of a magnanimous people, to alleviate every inconvenience arising from such a cause ; but embarrassments followed which no considerations of that nature could be expected to obviate.

Upon the right management then, of the publick debt, the future tranquillity of the Commonwealth greatly depended : And it was a melancholy circumstance, that various causes existed to pcevent a fair experiment of the abilities of the people to discharge it. They had been laudably employed, during the nine years in which this debt had been accumulating, in the defence of their liberties ; but, though their contest had instructed them in the nobler science of the ris:hts of mankind, yet it gave them no proportionable insight into the iiiazcs of finance. Their honest prejudices were averse I'rom duties of impost and excise, uhich w ere, at that time, supposed to be antirepublican by many judicious and influential characters. These measures, therefore, could he adopted, at first, but partially, and to small eftect. The necessary lurangements at the treasury were wanting-. The paper currency was failing, and, though from the great and complete exertions of Massachusetts to redeem her proportion of the continental bills of credit, their decay must have aftected her faith as little as that of any state in the union, yet consequences of this expiring medium could not be imfelt. Under so many discouraging circumstances, it was not, perhaps, within the compass of human power, to rescue the publick credit, on which the means of happiness in every community so essentially depend.

Such disposition of this debt, however, was made as the situation of tilings ^\■ould admit. Compliance was at length had with the resolution of Congress, for laying an impost duty of five per centum, for the purpose of paying the foreign debt ; and an impost and excise was adopted for discharging the interest of the debt of the Commonwealth. But these measures could reduce the tax upon polls and estates, at that time, in a small degree only. The former expedient could not come into effect till the other states had adoptecl it ; and the produce of the latter was not equal to its appropriation. Much of the burden was, therefore, left to the old mode of taxation, annually reminding the people of a pressure, which the change of their manners by the war had made them less able to bear.

With these embarrassments one would suppose, that the highest object which could have been aimed at, would have been to provide for the punctual payment of the interest of the national debt. Yet either the impatience of the people at paying interest money, which was compared to a canker worm that consumed their substance without lessening their burdens, or some other cause, induced the legislature, so early as the year 1784, to issue ataxtof 140,000/. for redeeming that amount of the army debt ; and in two years afterwards 100,000/. more was assessed for the same purpose. The payment of the extant taxes was soon found to be much in arrear, notwithstanding the depreciation of the certificates which were made receivable for them ; and, after strict scrutiny into the conduct of publick officers employed in the collection, the delinquency was perceived to be in a great degree, with the people themselves, from imavoidable causes.

The consequences of the publlck. debt did not first appear among- the citizens at large. The bulk of mankind are too much engaged in private concerns to anticipate the operation of national causes. But the members of the legislature, possessed of information, and led by the duties of their oflice to attend to this debt, were early thrown into dixisions from the prospect of the burdens which it presented. The men of landed interest soon began to speak plainly against trade, as the source of luxury, and the cause of losing the circulating medium. The vices and indolence of the people were ascribed to its instrunicntalit}-. This \\'as urged as a reason that the taxes should be thrown liberally upon commerce, since, if it supported them, the Commonwealth would be eased ; and if it failed under the weight, they would be rid of so great a cause of political e\'il. From such sentiments the prejudices against impost and excise duties began to give way, and systems were proposed, upon tb.e opposite extreme, for raising the whole revenue of go^ernment by this now favourite mode of taxation. Commercial men, on the other hand, defended themselves by insisting that the fault was only in the regulations which the trade happened to be imder. To destroy commerce would not lessen the multitude of evils ascribed to its means; these would be introduced through the channel of neighbouring states, and the reasonable advantages which might be derived from it, would be thrown into their hands. Trade and agriculture, they said were mutually beneficial to each other, and ought to be equally partners in supporting the publick burden.

A distinction of interests, on which the apportionment of the national debt might so much depend, when once established, was not afterwards suffered to subside. It led to a division upon all questions of taxation, and even upon other subjects where it was supposed the strength of these parties could be tried. When favourite points were lost in these divisions, it gave a disgust to members in the minority, which was extended to other measures, and, in some instances, no doubt, biassed their opinions, and misguided their influence, in the sphere of domestick life.

It must be reckoned among the misfortunes of the Commonwealth, that, when so great burdens were to be apportioned upon the people, the rule in use should be liable to the objections of all parties, from the uncertainty of reducing it into equal practice. Where a duty is enjoined, with which compliance is made, at best, with reluctance, if the least i^rounds are afforded for the mind to suspect injustice or mistake, it produces positive disobedience. The share of puljlick rcquisilions .should be affixed to property, by a know n iiiiehanpjini^;, and if possible, a proportionate standard. It then l)econKs involved in die value of the propertv, and that \aluc is not idterwards subject to jfluetuate from principles of taxation. The possessor is nc\ er surprised \\\ih a \v(:ii2;ht of taxes beyond his calculation, nor exempted from liis due proportion at the expense of his neighbours. But, w hether such a rule can be unaltcrabl}- established in a young country, uherc new property is daily rising into view, and the old changing in its value, it may be difficult to determine. Certain it is, however, that, in forming a valuation in the } ear 1785, great, though not unusual, difficulties arose. Among odier counties, those of Hampshire and Berkshire were said, by their members, to have been valued too high ; and some discontent must ])e attributed to this real or supposed error.

The usual consequences of war, ^\■ere conspicuous upon the habits of the people of Massachusetts. Those of the maritime towns relapsed into the voluptuousness which arises from the precarious wealth of naval adventurers. An emulation prevailed among men of fortune, to exceed each other in the full display of their riches. This was imitated among the less opulent classes of citizens, and drew them oft' from those principles of dill gencc and economy, which constitute the best support of all governments, and particularly of the republican — Besides which, what was most to be lamented, the discipline and manners of the army had vitiated the taste, and relaxed the industry of the yeomen. In this disposition of the people to indulge the use of luxuries, and in the exhausted state of the country, the merchants saw a market for foreign manufactures. The political character of America standing in a respectable view abroad, gave a confidence and credit to individual citizens heretofore unknown. This credit Avas improved, and goods were imported to a much greater amount, than could be consumed, or paid for. The evils of this excess of importation were greatly aggravated, by the decayed condition of the commerce, and the little attention which had been paid during the war, to raising of articles for exports. The fisheries, which may be called the n^nes of Massachusetts, had been neglected, or but feebly improved, from the Avant of shipping and other causes. The whale fishery, which from trifling beginnings in the year 1701, at length brought into the late Provinces, no less a sum than 167,000/. sterling, annually, through the island of Nantucket alone, and which employed 150 sail of vessels, with near 2500 seamen, was, at the opening of the peace, reduced to be the object of nineteen sail only. A great, if not a projiortionablc dlniinulion, ^\•as visible in otiicr ailiclcs of exportation. In addition to this, what few could be obtained, were rendered almost useless, by one of the severest efiects of the revolution — the loss of many markets to w hich Americans had formerly resorted with their produce. Thus was the usual means of remittance by articles of the growth of the country, almost annihilated, and little else than specie remained, to answer tiic demands incurred by importations. The money, of course, was drawn off; and this being inadequate to the purpose of discharging the whole amount of foreign contracts, the residue was chiefly sunk by the bankruptcies of the importers. The scarcity of specie, arising principally from this cause, was attended with evident consequences ; it checked commercial intercourse throughout the community, and furnished reluctant debtors with an apology for withholding their dues both from individuals and the publick.

Another effect of the Mar which ^vas exceedingly operative in the commotions that took place in Massachusetts, if it may not be called their primaiy cause, was the accumulation of private debts. The confusion of the times had excused or prevented most persons from discharging their contracts. Some indeed availed themselves of an advantage, which the laws of the countr}-, for a lon^ time put into their hands, and paid their creditors in a depreciated currency ; and some might have discharged their obligations in a more honourable manner : But great part of the community were yet loaded with ancient debts, made still more burdensome from an increase of interest. Private contracts were first made to give place to the payment of publick taxes, from an idea that the scarcity of specie did not admit of the payment of both. The former therefore, were made payable in other property than money, by an act of the 3rd of July, 1782, commonly known by the name of the Tender Act. By this it was provided that executions issued for private demands might be satisfied by neat cattle and other articles particularly enumerated, at an appraisement of impartial men under oath. This act was obnoxious both to constitutional and equitable objections ; but the necessity of the case overruled them all in the opinion of a majority in the government. The operation of the act was not altogether coincident with the ideas of its patrons. Its chief efi'ect was to suspend lawsuits, which, by delaying, only strengthened and enlarged the evil when the year's existence of the law expired. But there was a circumstance which sprung out of this measure, infinitely more detrimental than any burden that it was intended to remove. It was the first signal for hostilities between creditors and debtors, betwixt the rich and the poor, between the few and the many. It was by this act that the citizens of Massachusetts, experienced, that retrospective laws were not a violation of their boasted constitution, in the opinion of their legislature ; and the multitude of debtors first felt from it, at an hour when their perplexities might lead them to an undue use of any advantage, that their creditors were under their control. Their principle rapidly increased, and pretences sprung out of it, in many instances, for stopping the execution of law in private cases, and, at length, for the bolder attack upon the courts themselves.

It must be acknowledged that the time when this law made its appearance, was critical. Insurrections had happened in the county of Hampshire, for the purpose of opposing both the Supreme Judicial Court, and the Court of Common Pleas at Northampton, in the month of April preceding ; a circumstance which seemed to operate both against and in favour of the act. On the one hand, the motions of the people were considered as evidence of their being oppressed, and demonstrated the necessity of alleviating measures : On the other, there was great danger of sacrificing to the complaints of a faction, what should be yielded only to the unquestionable voice of the community. Whenever discontent becomes the only condition of indulgence among any people, they cannot be happy, and, least of all, a people situated as those of Massachusetts were, at this singular period. They were just about quitting a well fought contest, in which almost every man. had personally assisted. The applause of the world was fresh on their minds, and they felt a title to retirement and repose. Whatever interrupted this right, naturally appeared like a grievance, and became discountenanced as an abridgment of their liberties. They could not realize that they had shed their blood in the field, to be worn out with burdensome taxes at home ; or that they had contended, to secure to their creditors, a right to drag them into courts and prisons.

With such high Avrought notions of freedom in the people, it was difficult for the legislature either to govern without appearing to tyrannise, or to relieve without appearing to be overcome. The General Court, in this dilemma, chose to consider the commotions of the populace, as evidence of their real distresses. And in addition to the tender act, they passed a law in the month of November following, by which, wdth the indulgence of natural parents, they pardoned the rioters without a single exception.

The sentiments entertained respectinj* private ercditors could not long fail of reaching those of tlie publick. The first of this class of men who fell under popular censure were the unfortunate officers of the army. At a time when the country \\as disheartened with the appearance of an unequal struggle, Congress thought it necessary to promise half pay for life to such of them as would continue in service. This measure occasioned no difficulties at the time, but when a commutation of five years full pay, was gi\en them for this half pay, by a resolve of the 22d of March, 1782, though calculated upon principles extremely favourable to the states, it raised a general outcry ; and occasioned a tardiness in the payment of taxes. So great was the influence of this clamour over the House of Representatives, that they, for a long time, insisted upon introducing a clause into a bill, then about to be passed, for granting an impost to the United States, to provide that no part of the proceeds of that dut}-, from any of the states, should be applied to the fulfilment of this advantageous contract.

The censure of the people ought to have been, iind possibly was lessened by a mortifying circumstance, on the part of the officers, arising from the very execution of this agreement. The addition 3 made to the federal domestick debt, by their securities, which amounted to five milhon of dollars, tended, with other causes, to depreciate the publick credit to such a degree, as that the current price of their notes would not make good their established pay, for the time they were in actual service. But, if the disgust of the people was in any degree diverted from the officers, it certainly did not quit any of the measures adopted for their pay. It was only transferred to such persons as had purchased their securities, and to the rest of the publick creditors. Through the want of confidence in the faith of government, these purchases had been made at a great discount. It soon became a common observation, that the promise of government could not, in equity, be extended to the man who was possessed of publick notes for a pai'tial consideration, to entitle him to the payment of more than he gave ; and that the legislature ought to avail themselves of the depreciation for the benefit of the Commonwealth. This principle was at length, reduced to system, and held up to the publick in print. When it was mentioned in the Representatives Chamber, an honest member asked. Whether the government had received any powers from the distressed creditors, who lost the difference between the real and nominal value of the notes, to detain the discount? Or, if they should detain it, Wlicthcr they designed to do so, for the purpose of restoring it to the original holders of the notes, to whom, in such case, it must undoubtedly belong ? But this question was ne^•er answered.

From speculators in the funds, the cry of the discontented spread to original and indisputable creditors, of whom the consideration was immediately received by the publick. These indeed could not be denied their demands, but great fault was found with paying their interest money out of the impost and excise revenues, which was the most productive source of the government. At the reviving of these revenue laws in the session of May 1786, the appropriation of the proceeds of the duties, could not be carried agreeably to the former principles, but on condition of being subject to a revisal at the next assembling of the General Court, when, we shall find, one third part was appropriated to the exigencies of government.

The numerous cmbarressmcnts under which the Commonwealth laboured soon after the war, produced a variety of expedients from the citizens. Among others, that which has been a peculiar favourite with the people of America, a paper money system, might well be expected to arise. Like their ancestors, the inhabitants of Massachusetts had, by they knew not what means, struggled through a vai'iety of difficuhies, with the aid of ideal wealth ; and, upon the appearance of new troubles, they felt inclined to revert to the same assistance. The injustice and extreme distress which had happened among individuals, and the burdens yet existing on the Commonwealth, as a member of the union, from bills of credit, began to be effaced by the superior objects which, it was thought, they had brought about. The rev^ olution was ascribed to the powers of paper money, and it was held up as the price of every man's, freedom. The proposition, however, was the less expedient, as great quantities of this currency in fact existed and were circulating in the Commonwciilth at the very time it was made. The delinquency in the payment of taxes had necessitated the Treasurer to anticipate them, by orders on the Collectors. These orders accumulating in a great degree, had become a kind of currency at a depreciated value, and were negotiated through many hands, previously to their return to the treasury. Besides these, there were the notes for the state and federal debt, which were no inconsiderable substitutes for cash.

Many persons must have been deluded as to the scheme for another emission of paper money, and it is not uncharitable to suppose, that many others were induced to patronize it from principles less excusable. A majority of individuals in every community must, in one sense, be benefited, b}' a depreciating ciUTcncy. It puts the publick burden upon principles of chance, and finally settles it upon the unfortunate adventurers, in whose hands the bills happen to expire. HaziU"d, when oftered to the human mind, seldom leaves it uninterested, and from thi:s motive, many will engage on the side of a piper medium. Creditors indeed, and men of property will be averse from raising a phantom, that, in the exchanges of business, may Uike place of their real wealth ; and the widow and orphan must shudder at the unavoidable snares of knavish men, to defraud them of their rights : But these classes of people will ever be opposed by debtors, speculators, and persons otherwise interested against them, and unless supported by the justice and humanity of the people, will be soon overcome. To whatever motives the desire of a paper currency may be attributed, certain it is, that propositions were very strenuously made to the legislature for this purpose from several towns, and upon principles never, perhaps, before, advanced, It was requested that an adequate quantity of this money might be emitted ; and, to avoid the difficulty of redeeming it, that it might by law, be depreciated at fixed rates, in certain given periods, until at a suitable time, the whole should be extinguished. So wild a proposal served rather to retard than advance the views of the party. A report, however, was once made by a committee of the House of Representatives for emitting a paper currency, but it failed of acceptance. Several other plans were suggested to the legislature from without doors, for relieving the people ; but means were at length pursued to bring them forward in a collected and forcible manner by the interference of a new authority. This was no other than the expedient of county conventions.

In a government as free as the people themselves can make it, we may expect to find a stated and satisfactory mode of redressing every remediable evil that can happen. In the government of Massachusetts, and to what part of the globe are w^e to advert for a freer one ? this mode is pointed out by application to the legislature. When publick or private distress is felt, every town, and every individual in it, have a right to petition the government for redress. They have also the express privilege of instructing their representatives, and of consequence, directing their measures ; and, the rules of decency aside, there is no law to prevent the inhabitants of a township or plantation, advising the legiblature respecting the most intricate concerns of the nation. The government too, annually reverts into the hands of those who formed it. All publick officers arc thrown back into the class of private citizens, whence they cannot ascend again but by the voice of the electors : And so small are the qualifications of voters, that scaixe a single man is excluded from his equal share in creating even the first magistrate in the community. In a system thus limited and guarded on all sides, and thus open to the interference of the citizens even during its short continuance, there seems to be no room for popular suspicion. But, in a society where that great prerogati\e of human nature, self go\ernment, has been literally exercised, a desire of correcting what appears to be wrong, will naturally exist.

And, if the authority of their own immediate establishment seems averse from adopting alterations, there wants that deference to lead the people to doubt of their projects, which a government established by their forefathers, and receiving their implicit obedience from the force of habit, though less perfect in its formatioii, and less wisely administered, might not fiiil to inspire. Such possibly were the feelings of a number of towns in thxC Commonwealth, who resorted to the mode of assembling by their delegates in convention, for the purpose of ascertaining their grievances, and the best manner of redressing them, while their legislature were in full possession and exercise of the constitutional powers, necessary for the same purpose. This practice is said to be founded on that article in the bill of rights, which provides, " That the people have a right in an orderly and peaceable manner, to assemble to consult upon the common good : Give instructions to their representatives ; and to request of the legislative body, by the way of addresses, petitions or remonstrances, redress of the wrongs done them, and of the grievances they suffer." Many, however, have supposed, that the sense of this artide extended only to town meetings which are known to the laws. And indeed, to construe it in the most latitudinary sense, might tend in practice, so to divide the sovereign power of the people, as to make the authority of the laws uncertain, and distract the attention of subjects ; especially in a republican government, where all power is actually delegated.

But whether conventions of this kind be consistent with the constitution or not, certain it is, that their agency has been very material in the late political events. As those assemblies received countenance from the o\ personal attendance of sonic members of the legislature, who were under oath to support the constitution, it ought not to be readily concluded that their motives were originally injurious to the established government ; but, it has certainly, been unfortunate to their reputation, that they have been held at such times, and patronized by such characters without doors, as would injure the best institutions. Several disturbances have been ascribed to their influence ; one, in particular, which happened in the year 1782, as it bears a strong resemblance to the insurrections that took place in 1786, deserves to be noticed. The well known Samuel Ely was indicted at the session of the Su- \)reme Judicial Court at Northampton for an attempt to prevent the sitting of the Court of Common Pleas at that place, in which attempt, he used the name of a couAcntion, and pretended to hold up their authority. Ely pleaded guilty to this indictment, and while under sentence of Court, when the inhabitants of Springfield were accidentally Avithdrawn from the town, was released from the gaol there, by a mob assembled for the purpose. The ringleaders of this mob being afterwards taken, and confined, an attempt was made to release them also. This obliged the militia of the county to the number of 1200 or 1500 men to march out for the protection of the 4 prison. Both parties met in the field, and nothing but a decided superiority of numbers and characters on the part of government, prevented bloodshed, and the commencement of a civil w^ar. The rioters were surrounded, and then permitted to repair to their several homes. This event may not be chargeable upon the convention, as there is no evidence that Ely was authorised by them to commit the act of violence which he intended ; but, however innocent the intention of members of convention might have been of these disturbances, if such use was made of their authority, it was a strong argument against future assemblies of a like nature.