I ^. ' . rij^fct ^..V^; .f7^ ^ •^ m'r ^1^ *.^ m t .'•if .t-t^- -'&**■ ^:^ '■ f, t~\. -^^^i»^^ :^' ;(■ .--*^1i|^.- :ia:' ■jifc i?-.ij^.li ^a- ^vO / •1 II t HISTORY OF THE INSURRECTIONS MASSACHUSETTS. x IN THE YEAR SEVENTEEN HUNDRED AND EIGHTY SIX. AXD THE REBELLION CONSEQUENT THEREON. O BY GEORGE RICHARDS MINOT, A.!^ C BOSTON : V -^^ PUBLISHED BY JAMES W. BURDITT & CO. \ %*^-^ Franklin^ s Heuil. ...Court Street. \ -^^ J. BELCHER, rUINTER. % C^ 1810. ^ ,.i\ M» X. it^^nsi \ 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 investi- gating 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 pre- seiinng the future tranquillity of the Commoii- wealth. 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 mis- conceived ideas, tending to the discredit of the country, maybe removed; and the publick repu- tation 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 strong- est 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 fa- vourable season. The spirit of party has yielded to systems of conciliation ; freedom of inquiry, and the privilege of forming opinions for ourselves, are un- restricted ; and whilst we preserve decency of ex- pression, there is neither a disposition in our magis- trates, 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 in- deed, 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 ex- ertions, when founded on the anticipation of pub- lick 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 com- putation, 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 thou- sand. True it is, that a recollection of the bless- ings 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 pub- lick debt, the future tranquillity of the Common- wealth greatly depended : And it was a melan- choly 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 in- structed 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 me- dium could not be imfelt. Under so many dis- couraging circumstances, it was not, perhaps, within the compass of human power, to rescue the publick credit, on which the means of happi- ness 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 Com- monwealth. But these measures could reduce the tax upon polls and estates, at that time, in a small degree only. The former expedient could 8 not come into effect till the other states had a- doptecl 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 with- out 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 depre- ciation of the certificates which were made receiv- able for them ; and, after strict scrutiny into the conduct of publick officers employed in the col- lection, 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 pri- vate concerns to anticipate the operation of na- tional causes. But the members of the legisla- ture, possessed of information, and led by the du- ties 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 in- strunicntalit}-. This \\'as urged as a reason that the taxes should be thrown liberally upon com- merce, since, if it supported them, the Common- wealth 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 preju- dices 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 tax- ation. Commercial men, on the other hand, de- fended 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 10 of neighbouring states, and the reasonable advan- tages 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 ap- portionment of the national debt might so much depend, when once established, was not after- wards 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 dis- gust to members in the minority, which was ex- tended 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 par- ties, 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 sus- pect injustice or mistake, it produces positive dis- 11 obedience. The share of puljlick rcquisilions .should be affixed to property, by a know n iiii- ehanpjini^;, and if possible, a proportionate standard. It then l)econKs involved in die value of the prop- ertv, and that \aluc is not idterwards subject to jfluetuate from principles of taxation. The pos- sessor 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 conspicu- ous 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 pre- vailed among men of fortune, to exceed each oth- er 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 12 gencc and economy, which constitute the best sup- port of all governments, and particularly of the republican — Besides which, what was most to be lamented, the discipline and manners of the ar- my had vitiated the taste, and relaxed the in- dustry 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 indi- vidual 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 importa- tion were greatly aggravated, by the decayed condition of the commerce, and the little atten- tion which had been paid during the war, to rais- ing 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 employ- ed 150 sail of vessels, with near 2500 seamen, was, at the opening of the peace, reduced to be the ob- ject of nineteen sail only. A great, if not a pro- 13 jiortionablc dlniinulion, ^\•as visible in otiicr aili- clcs 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 de- mands 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 scarc- ity 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 exceeding- ly 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 14 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 com- munity 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 pay- able 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 pro- vided that executions issued for private demands might be satisfied by neat cattle and other arti- cles particularly enumerated, at an appraisement of impartial men under oath. This act was ob- noxious both to constitutional and equitable ob- jections ; but the necessity of the case overruled them all in the opinion of a majority in the gov- ernment. The operation of the act was not al- together 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 15 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 legis- lature ; 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 prin- ciple rapidly increased, and pretences sprung out of it, in many instances, for stopping the execu- tion 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. In- surrections had happened in the county of Hamp- shire, for the purpose of opposing both the Su- preme Judicial Court, and the Court of Com- mon Pleas at Northampton, in the month of April preceding ; a circumstance which seemed to op- erate both against and in favour of the act. On the one hand, the motions of the people were con- sidered as evidence of their being oppressed, and demonstrated the necessity of alleviating measures : On the other, there was great danger of sacrific- ing to the complaints of a faction, what should be yielded only to the unquestionable voice of the 16 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 inter- rupted this right, naturally appeared like a griev- ance, and became discountenanced as an abridg- ment 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 evi- dence 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 indulg- ence of natural parents, they pardoned the rioters without a single exception. 17 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 coun- try \\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 occa- sioned 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 gen- eral 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 introduc- ing 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 circum- stance, on the part of the officers, arising from the very execution of this agreement. The addition 3 18 made to the federal domestick debt, by their se- curities, which amounted to five milhon of dol- lars, tended, with other causes, to depreciate the publick credit to such a degree, as that the cur- rent 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 adopt- ed 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 depre- ciation 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 govern- ment had received any powers from the distressed creditors, who lost the difference between the real and nominal value of the notes, to detain the dis- 19 count? 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 imme- diately 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 ses- sion of May 1786, the appropriation of the pro- ceeds of the duties, could not be carried agreeably to the former principles, but on condition of be- ing 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 gov- ernment. The numerous cmbarressmcnts under which the Commonwealth laboured soon after the war, pro- duced a variety of expedients from the citizens. Among others, that which has been a peculiar favourite with the people of America, a paper 20 money system, might well be expected to arise. Like their ancestors, the inhabitants of Massachu- setts had, by they knew not what means, strug- gled 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 mo- ney, 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 Com- monwciilth at the very time it was made. The delinquency in the payment of taxes had neces- sitated the Treasurer to anticipate them, by or- ders on the Collectors. These orders accumulat- ing in a great degree, had become a kind of cur- rency 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 incon- siderable substitutes for cash. Many persons must have been deluded as to the scheme for another 21 emission of paper money, and it is not uncharitable to suppose, that many others were induced to pat- ronize it from principles less excusable. A major- ity 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 proper- ty 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 clas- ses 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 over- come. To whatever motives the desire of a pa- per 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, ad- vanced, It was requested that an adequate quan- tity of this money might be emitted ; and, to 22 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 serv- ed 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 accept- ance. 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 con- ventions. In a government as free as the people them- selves can make it, we may expect to find a stated and satisfactory mode of redressing every remedi- able 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 rep- resentatives, and of consequence, directing their 23 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 qualifica- tions of voters, that scaixe a single man is exclud- ed 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\ern- ment, has been literally exercised, a desire of cor- recting what appears to be wrong, will naturally exist. And, if the authority of their own imme- diate establishment seems averse from adopting alterations, there wants that deference to lead the people to doubt of their projects, which a govern- ment established by their forefathers, and receiv- ing 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 Q4> towns in thxC Commonwealth, who resorted to the mode of assembling by their delegates in conven- tion, for the purpose of ascertaining their griev- ances, 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 con- sult 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 ar- tide extended only to town meetings which are known to the laws. And indeed, to construe it in the most latitudinary sense, might tend in prac- tice, so to divide the sovereign power of the peo- ple, as to make the authority of the laws uncer- tain, and distract the attention of subjects ; espe- cially 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 charac- ters without doors, as would injure the best insti- tutions. Several disturbances have been ascribed to their influence ; one, in particular, which hap- pened in the year 1782, as it bears a strong re- semblance 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 at- tempt to prevent the sitting of the Court of Com- mon 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 re- leased from the gaol there, by a mob assembled for the purpose. The ringleaders of this mob be- ing 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 26 prison. Both parties met in the field, and noth- ing 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 disturb- ances, if such use was made of their authority, it was a strong argument against future assemblies of a like nature. The business of the conventions naturally lead- ing them to exhibit lists of grievances to the peo- ple, their proceedings of course, alwaj's weaken- ed the government, whose business it ever is, to prevent evils of that kind. But this effect was greatly increased, when the measures of govern- ment itself were held up as grievances. Their complaints then wore a strong appearance of op- position to constitutional authority. Thus, in the beginning of the year 1784, we find a proposition made by the towns of Wrentham and Medway, to their sister towns in the county of Suffolk, to meet in convention, to redress the grievance of tlie com- 27 mutation to the officers, and of the continental impost ; measures whieh had received the sanc- tion of the legishiturc, and which no new reasons could be offered to obviate. About the same time, Sutton made a similar proposition to the towns in the county of Worcester. The answer of the capital to the circular letter sent to them, w as decidedly against the proposal. In later times, the i)roceedings of conventions have been still less justifiable. We shall find that they undertook to censure and condemn the conduct of the publick rulers ; they voted the Senate and the Judicial Courts to be grievances ; they addressed the people in language dangerous, even in times of tnmquillity ; they called for a revision of the con- stitution, previously to 'the end of its intended duration ; and, under this idea, attempted to col- lect a body of men as a general convention, that might rival the legislature itself. But the proceed- ings of these assemblies, will particularly appear in the general account of the insurrections. From the short view which we have taken of the affairs of the Commonwealth, sufficient causes appear to account for the commotions which ensued. A heavy debt hing on the state, added to burdens of the same nature, upon almost every incorpora- tion within it ; a decline, or rather an extinction of publick credit ; a relaxation of manners, and a 28 free use of foreign luxuries ; a decay of trade and manufactures, with a prevailing scarcity of mon- ey ; and, above all, individuals involved in debt to each other, are evils which leave us under no necessity of searching further for the reasons of the insurrections which took place. We ought not to be surprised to find the people, who but a few years before, upon the abolition of royal gov- ernment among them, exhibited a most striking example of voluntary submission to a feeble au- thority, now driven into a confusion of affairs, common to all countries, but most so perhaps, to those who have shewn the strongest ardour in pursuit of freedom. The long restraints which the confusion of war had laid upon the administration of justice in pri- vate cases, occasioned a very rapid increase of civil actions, when those restraints were removed. This circumstance gave employment to the practition- ers at the bar, and increased their numbers be- yond what had been usual in the state. The pro- fession naturally became an object of observation ; and, at length, was generally spoken of as an ob- ject of reform. Advantage was taken of the pre- vailing jealousy against lawyers ; and unfortu- nately, a prelude to the insurrections was framed out of it. Infl;imatory writings were inserted in 29 ilic newspapers, to excite an idea, in the minds of llic people, tliat the burdens which they la- l)Oured under, were occasioned by the abuses of this profession : And, a doctrine was particularly insisted on in one of them, tliat this class of men ought to be abolished. The electors were there- fore conjured to leave them out of publick office, and to instruct their representatives, then about to be chosen for the year 1786, to an- nihilate tliem. This idea communicated itself from very natural causes. The lawyers were odi- ous to debtors as the legal instruments of their distresses. They were also intimately connected with the courts of justice, and in a great measure, under their control : A clamour against the one, therefore, was a kind of impeachment of the oth- er. The transition from the servants of the courts, to the courts themselves, being easy and direct, the cry, of course, was received and spread with avidity, by those whose intentions were di- rected at the administration of juctice in general. The flame pervaded the greatest part of the Com- monwealth. The lawyers, in most instances, W'Cre excluded from the House of Representatives. Among other towns, the capital filled the seat which she had from ancient times, reser^ cd for one of this profession, the scat where Pratt, Thach- er, Otis and Adams, had drawn admiration and 30 love from the publick eye, with a gentleman of a less unpopular calling. When the assembly met, their zeal was kindled from the people. This was first evidenced by their elections in fill- ing up the vacancies in Senate. Preference was given to some characters, which could not be ac- counted for on any other groimds, than that of their fellow candidates being practitioners of the law. As soon as business came forward, an emu- lation was shewn to be foremost in correcting abuses which occupied so large a share of the pub- lick attention. Various instances were adduced, wherein the principles of the fee bill, from the lo- cal circumstances of the parties, operated to dis- tress diem ; and much was said to convince the House, that these distresses had been greatly en- creased, by the exhorbitant fees of attornies. Af- ter many warm altercations upon this subject, the House, with a view of reducing the exactions and influence of the regular practitioners, at length passed a bill to admit all persons of a moral char- acter into the practice of the law, before the Ju- dicial Courts ; to fix the fees of attornies ; to pro- vide for their taking an oath previously to their pleading, in every cause, that they would not re- ceive more than lawful fees of their employers ; and to restrain the practice of champarty. But, when this bill was sent up, the Senate, desirous 31 of a further consideration of the subject, took, measures for examing it in the recess, and re- ferred their decision to their next assembling. The other proceedings of either house, were hardly so correspondent with the views of the dis- contented party. The session was made memo- rable by the grant of the supplementary funds to the United States ; a measure, which, though dic- tated by the principles of national credit, did not fail to stand high in the catalogue of future grievances. The advocates for a paper money system also lost their confidence in the House. A petition was presented from delegates of all the towns in the county of Bristol, praying for an emission of that kind of currency. This measure was probably suggested by the example of their neighbours in the state of Rhode Island, who had just emitted a large quantity ; and it was expect- ed, no doubt, that this precedent would have in- fluenced the legislature to favour the proposed ; but, on a trial of parties in the House, there were found to be, out of one hundred and eighteen members, only nineteen advocates for the scheme, and only thirty five, out of one hundred and twen- ty four, in support of the still more popuhu* plan of making real and personal estate a tender, at an appraisement, in discharge of executions. Indeed, 32 the fate of these projects seems to ha\e been sin- gularly perverse at this session ; for, they were not only negatived, but a law was passed enabling the citizens to discharge executions in favour of any inhabitants of such states as had issued paper money or made a tender act, by payment in their own currency, or a tender of estate according to the regulations which they themselves had provid- ed. This system of retaliation at once vindicated the rights of the people,and expressed the disap- probation of the legislature, at establishing engines of fraud upon publick faith and authority. An attempt also failed to di\ert the approbation of the impost and excise duties, from the payment of the interest of the consolidated notes, for the purpose of discharging the foreign demands, and those of the civil list. In this situation, the le- gislature adjourned, on the 8th of July, to the 31st of January following. The loss of so many motions respecting the im- portant concerns of the Commonwealth, could not but have a proportionable effect upon those members whose confidence in the rejected plans, had drawn them to their defence. The grant of the supplementary funds was also a kind of tri- innph over this side of the House. A division of course, took place omong the members of the leg- 33 ishiturc, which must, even upon the most favour- able view of human nature, have accelerated the divisions among the people at large. The failure of the minority was in a great measure owing to the determined conduct of the Senate, who soon began to be a distinguished subject of clamour. The outcry against Uuvycrs was at length drowni- ed in more general complaints, and grievances arose on all quarters, from a variety of causes. On the 22d of August, a convention of delegates liom fifty towns in the county of Hampshire, met at Hatfield, and came to the following decisions. " At a meeting of delegates from fifty towns in the county of Hampshire, in convention held at Hatfield, in said county, on Tuesday the 22d day of August instant, and continued by adjournments until the twenty fifth, &:c. Voted, that this meet- ing is constitutional. " The convention from a thorough conviction of great uneasiness, subsisting among the people of this county and Commonwealth, then went into an inquiry for the cause ; and, upon mature con- sideration, deliberation and debate, were of opin- ion, that many grievances and unnecessary bur- dens now lying upon the people, are the sources of 5 34 . that discontent so evidently discoverable through- out this Commonwealth. Among which the fol- lowing articles were voted as such, viz. 1st. The existence of the Senate. 2d. The present mode of representation. 3d. The officers of government not being an- nually dependent on the representatives of the people, in General Court assembled, for their sala- ries. 4th. All the civil officers of government, not being annually elected by the Representatives of the people, in General Court assembled. 5th. The existence of the Courts of Common Pleas, and General Sessions of the Peace. 6th. The Fee Table as it now stands. 7th. The present mode of appropriating the im- post and excise. 8th. The unreasonable grants made to some of the officers of government. 9th. The supplementary aid. 10th. The present mode of paying the govern- mental securities. 1 1th. The present mode adopted for the pay- ment and speedy collection of the last tax. 12th. The present mode of taxation as it ope- rates unequally between the polls and estates, and between landed and mercantile interests. 13th. The present method of practice of the at- tornies at law. 14tli. The want of a sufficient niccliiun of trade, to remecl} the mischiefs arising from the scarcity of money. 15th. The General Court sitting in tlie town of Boston. 16th. Tlie present eml)arrassments on tlie press. 17th. The neglect of the settlement of import- ant matters depending between the Common- wealth and Congress, relating to monies and av- erages. 18th. Voteel, This convention recommend to the several towns in this county, that they instruct their Representatives, to use their influence in the next General Court, to have emitted a bank of pa- per money, subject to a depreciation ; making it a tender in all payments, equal to silver and gold, to be issued in order to call in the Commonwealth's securities. 19th. Voted, That whereas several of the above articles of grievances, arise from defects in the constitution ; therefore a revision of the same ought to take place. 20th. Voted, That it be recommended by this convention to the several towns in tliis county, that they petition the Govemour to call the Gen- eral Court immediately together, in order that the other grievances complained of, may by the legis- lature, be redressed. 3& 21st. Voted, That this convention recommend it to the inhabitants of this county, that they ab- stain from all mobs and unlawful assemblies, until a constitutional method of redress can be ob- tained. 22d. Voted, That Mr. Caleb West be desired to transmit a copy of the proceedings of this conven- tion to the convention of the county of Worcester. 23d. Voted, That the chairman of this con- vention be desired to transmit a copy of the pro- ceedings of this convention to the county of Berkshire. 24th. Voted, That the chairman of this conven- tion be directed to notify a county convention, up- on any motion made to him for that purpose, if he judge the reasons offered be sufficient, giving such notice, together with the reasons therefor, in the publick papers of this county. 25th. Voted, That a copy of the proceedings of this convention be sent to the press in Springfield for publication." Although it is hinted in the foregoing pro- ceedings, that they do not contain all the causes of grievance, yet they may be so far considered as a faithful collection of these causes, that injustice will not be done to the subject, if some of the fu- ture proceedings of that nature should not be in- 37 sertcd at large. These can require but little com- mcnt. It is scarcely possible for a government to be more imperfect, or M'orse administered, than that of Massachusetts is here represented to be. Essential l)ranehcs of the legislative and judicial departments were said to be grievous ; material proceedings upon national concerns erroneous ; obvious measures for pa}'ing the debt blindly overlooked ; publick monies misappropriated, and the constitution itself intolerably defective. The directions for transmitting these proceedings to the convention of Worcester, and to the county of Berkshire, displayed a design in this assembly, of doing more than passively representing their onn grievances. After this censure of a convention of delegates from fifty towns, upon the Courts of Common Pleas and General Sessions of tlie Peace, agreed upon in three days time, and just before their stated terms, it was not surprising, notwidistand- ing the caution of the convention against mobs, to find that reverence which, if nothing else could, the antiquity and past utility of those courts ought to have inspired, at once superseded by popular rage and contempt. Accordingly, on the last Tuesday of August, a competent number of in- surgents, supposed to be near 1500, assembled under arms at Northampton ; took possession of the Court House, and effectually prevented the sitting of the courts aforementioned at that place, as prescribed by law. Upon this violence beinj^ committed, a proclamation was issued by his Ex- cellency the Governour, calling in the most feeling and spirited manner, upon the officers and citizens of the Commonwealth, to suppress such treason- able proceedings. But, ^little attention was given by the ill disposed to this timely measure. The counties of Worcester, Middlesex, Bristol and Berkshire were set in a flame, and the tumult threatened to be general. On the succeeding week, the Courts of Com- mon Pleas and General Sessions of the Peace, be- ing by law to be holden at Worcester, a body of insurgents to the number ?)f 300 and upwards, posted themselves at the Court House in that place. The judges were admitted to the door, where a line of bayonets prevented their entrance. The chief justice remonstrated with the rioters, on the madness of their conduct ; but the court were obliged to retire to an adjacent house, where they opened agreeably to law, and adjourned to the next morning. The violence of the mob, however, soon obliged the Court of Common Pleas to adjourn without day, and the Court of 39 Sessions to adjourn to the 21st of November fol- lowing-. The nature of those disturbanecs rendered tlielr remedy peculiarly ditlieult. The opposition to the courts must have been unjustifiable even in the views of the insurgents themselves. But, this was a general cause, in which every man ex- ercised his right of judging, and there were not wanting plausible reasons to induce the less in- formed to judge wrong. The stopping of the Judicial Courts had been blended, in the minds of some people, with the redress of grievances ; and had been charitably, but incautiously con- sidered, only as a mode of awakening the attention of the legislature to that object. Under such pretexts, many moderate men, and more froiji less pardonable principles than that of moderation, excused themselves from military duty. This en- ervated the operations of the militia ; and, joined to the circumstance of their being in some in- stances, unorganized, had almost deprived the Commonwealth of any advantage from this palla- dium of republican freedom. The attack in the county of Hampshire was so sudden and violent, that, from this cause perhaps, no recurrence was had to the militia ; but, in \\'orcester, it was maturely concluded; that those in that ^ icinity, could not 40 then be relied on. This in a manner, disarmed the Supreme Executive Magistrate, who from in- clination, and the principles of the constitution, directed himself to the militia for assistance. The effects of this evil were afterwards still more con- spicuous. When bodies of the militia were marched by order of their proper officers, num- bers whose principles were concealed, would, at some critical juncture, openly change their sides in the field ; a treacherous practice, that was checked by a subsequent provision in the law martial. The contagion of this riotous disposition ap- pearing to spread, notwithstanding the militia had been ordered to the aid of the Sheriffs, the Gov- ernour turned his attention to suitable means of checking its nearer approach to the capital. Ac- cordingly an advising body was collected, in the absence of the council, consisting of such coun- sellors as were in town, the Judges of the Supreme Judicial Court ; the Attorney General and other publick characters. The Courts of Common Pleas and General Sessions of the Peace, were then next to be holden at Concord and Taunton on the same day. There could be no doubt, that attempts would be made to impede their sitting. Among other events which had taken place in 41 Middlesex, a convciuion consisting ot" the dele- o-ates of a majority of tl\e towns in that county, liad set the day after that whicli was held at Hatfield. Their proceedings bore a very near resemblance to those of their brethren in Hamp- shire. The Senate was not numbered among their grievances, but the Court of Common Pleas was expressly mentioned. The people of Mid- dlesex however, were supposed to be less averse to the administering of justice than those of the upper counties ; and not opposed to supporting the Judicial Courts against a force. This supposi- tion was founded on good information, obtained by early and judicious inquiries, made by the Major General of that division, who appeared before the council on the occassion. It was also thought that the local circumstances of Concord made it an eligible spot for the serious exertion of govern- ment. In pursuance of this idea, it was agreed, that the militia should be called out in defence of the courts from such parts, and in such numbers, as would best serve to protect them. But, while this plan was executing, an agreement was enter- ed into by the inhabitants of Concord and several towns in their neighbourhood, to meet by their committees, to confer with any persons who might appear in arms, with a view of persuading them into moderate measures. Much was hoped for 6 42 by the acting council from a pLiciiick nei^otia- tion ; and, upon the personal representation of two justices of the Common Pleas, the orders for calling out the militia, who were designed to act in Middlesex, were absolutely countermanded, and those issued for Bristol conditionally so. No sooner was it known by the insurgents, who were contemptible in point of strength and character, that government would not act with force, than they appeared in triumph on the spot. Those of the county were reinforced by a small party from Worcester. They took possession of the Court House, and paraded with great insolence before the court who had assembled at a small distance. One of their leaders was exceedingly outrageous, and once threatened to put all persons to the sword who should not join them in two hours. Such was the profanity of his language, that it at first staggered the less hardened party from Worcester, but a union of forces afterwards took place. Job Shattuck, their principal leader, sent a written message, that it was the sense of the people, that the courts should not sit. He afterwards affected to permit the Court of Sessions to sit, on condi- tion of adjourning to a day prescribed ; but, the issue was, that the rioters grew still more outra- geous, and no court could sit at all. 43 III tlic county of Bristol, the cause of i^ovcni mcnt did not )'icld so easily. Notwithstanding the counter orders respecting; the turning out of the militia, the spirit of the people in some parts, led them to appear in arms under tlic direction of Major-Gcneral David Cobb, to the number of three hundred, and the insurgents, though a third part more, could not prevent the sitting of the courts. These, however, voluntarily adjourned again with- out day. A\'^hile these insurrections WTre happening in the lower counties, the rage of the malcontents was not less violent in the county of Berkshire. A convention was held at Lenox, on the last week in August. This assembly however, was composed of members, as well from the towns where the friends to government prevailed, as from the dis- affected ; and their proceedings seem to have evi- denced a different disposition, from that of the other conventions. Although the general rage for reformation was conspicuous, }'et they explicitly approved of the appropriation of the revenue arising from the impost and excise du- ties, and of the grant of the supplementary funds to the United States ; and they mani- fested a decent and respectful regard towards the administration of government in general. 44 They disapproved of the systems for establishing paper money and tender acts. They solemnly engaged to use their influence to support the courts of justice, in the exercise of their legal powers, and to endeavour to quiet the agitated spirits of the people. The insurgents, however, assembled in force to the number of eight hundred, at Great Barrington, and not only prevented the sitting of the courts which were so obnoxious to them, but broke open the gaol, and liberated the prisoners. They also compelled three of the Judges of the Court of Common Pleas, to sign an obligation, that they would not act under their commissions, until grievances were redressed. It ought, how- ever, in justice to the insurgents, to be mentioned, that the fourth Judge, who was a member of the Senate, upon a proper resistance, was not forced to sign the obligation. This circumstance must extenuate the crime, in the opinion of the world, as it will abate the degree of compulsion, which otherwise might be supposed to have been used upon this occasion. The conduct of the inhabitants of the town of Boston, during these disturbances, should not pass unnoticed. They addressed the Governour, and in the most unequivocal manner, declared their determination to co-operate in support of consti- 45 tutional government, A\hilst they also declared, that their feelings led them to hope for lenient measures to be adopted, with respect to their de- luded friends and fellow citizens. They also sent a circular letter addressed to the inhabitants of every town, wherein they acknowledged their own obligations, and recited die mutual danger that awaited aU«parties, during the war. They con- trasted the present free state of the citizens, with what it Mould have been, had they become a con- quered people. They held up the sacred pleclges of life and fortune, made to support a constitu- tion, which was as inestimable as the blood that had purchased it. And they conjured their breth- ren not to gratify the malice of their common ene- mies, in seeking a redress of supposed grievances, by other means than those which their social com- pact had amply provided. To their address, his Excellency returned a very favourable answer, in which, however, he plainly suggested, that the su- pineness of those citizens, who had been duly call- ed upon to assist the Sheriffs, and had neglected to do it, drew on them the blame of the unhappy consequences. The letter to the several towns produced various replies, but most of them con- veyed an union of sentiment, and a tender of aid to the constitution. 46 The disposition for insurrections at this time, was not confined to Massachusetts. On the 20th of September, about four hundred men, armed in different modes, surrounded the legislature of New Hampshire, for several hours, with a view of forcing them into a paper money system, agree- ably to a petition which had been previously pre- ferred by a convention of delegates from about thirty towns in that state. But the spirit of their citizens immediately led them to appear in arms, and crushed the insurrection in its infancy. So frequent an opposition to the administering of justice, made it necessary that an immediate session of the General Court should be held. The Governour, in consequence of a requisition of Congress for a tax, had issued his proclamation for calling that court together on the 18th of Oc- tober, but the tumults afterwards induced him to fix upon the 27th of September for their assem- bling. While the legislature were convening, the in- surgents were extending their object. Hitherto their grievances had been confined to the Courts of Common Pleas, the Courts of General Sessions of the Peace, and to some supposed inconvenien- cies in the mode of holding theCourts of Probate. 47 But, their opposition to the t\\ o first of these, had, as they pretended, made a i'urther measure neces- sary to their safety. This was to prevent the sit- ting of the Supreme Judicial Court itself, and thereby shield themselves from any indictment on account of their past oft'ences, in obstructing the administration of justice. No great danger ought to have been apprehended by them from this quarter, as the court last mentioned had set at Worcester without the jury's finding a single bill against them. However, it was determined by the insurgents, to prevent their doing business at Springfield, if possible ; and the Governour, on the other hand, took measures to obviate their designs. Accordingly he ordered the Court House to be taken into possession by 600 men, under the command of Major General William Shepard. This party were well officered and equipped, and contained the most respectable char- acters for abilities and interest, in the county of Hampshire. On the day of the court's sitting, the insurgents also appeared, equal if not superior in numbers, but vastly inferior in officers and arms. They were headed by one Daniel Shays, who had been a Captain in the late continental army, but had resigned his commission for reasons quite problematical. They were highly incensed at gov- ernment's taking possession of the Court House 48 previously to their arrival. They sent a request to the Judges, that none of the late rioters should be indicted ; but recei^'ed a very firm reply, purport- ing that the Judges should execute the laws of the country agreeably to their oaths. In the con- fusion, however, necessarily attending two such large bodies of armed men, who, before they retir- ed increased to more than 2000, the court could transact but little business. On Wednesday the panel of Jurors not being filled, those jurymen who appeared were dismissed. On the next day, which was the third of their sitting, the court ad- journed, after resolving that it was not expedient to proceed to the county of Berkshire. The mor- tification which the insurgents suffered from the Court House being preoccupied by the militia, led them to several bold measures. At one time, they marched down upon the militia with loaded musquets, and every preparation was made for an engagement ; but they were dissuaded from an at- tack, as it was said, at the instance of their com- mander. They insisted of passing through the street of Springfield, in face of General Shepard's troops, and were allowed so to do, on condition of their behaving peaceably, which was observed. After the rising of the Court, they also demanded the ground on which the General was posted. As it was necessary for him to change his position 49 in order to secure the federal arsenal, for which people were very apprehensive, he marched to the protection of that, and the insurgents suc- ceeded his forces in the occupation of a place which had, in fact, become of no real importLuicc. The condition of the town of Springfield was truh' melancholy, during this civil contention. Neighbours were opposed to each other under arms, the houses were rendered the scenes of fe- male distress ; and it was in. the power of accident only, to have brought on an action, which might have destroyed the lives of thousands, and sub- jected all property to the immediate vengeance of the party that might have become victorious. After remaining in this situation for four days, the inhabitants were relieved by the dispersing of both parties. At the time appointed by law for holding the Supreme Judicial Court, at Great Barrington, the malcontents affecting to believe, that the court intended to deceive them, and that business would be transacted as usual, not\\'ithstanding the resolu- tion to the contrary, assembled in considerable numbers ; and being disappointed in their object, became extremely riotous. Several persons who were obnoxious to their views were obliged to fly, and one gentleman who sustained a very hon- 50 ourablc office, was pursued in various directions, by armed men. Houses were seaixhed, and, in some instances citizens were fired upon. When the legislature had assembled, the Gov- ernour opened to them the whole transactions that had then taken place, in a speech from the chair. In this he stated the danger of such pro- ceedings, and the want of justification on the part of the insurgents, even upon the supposition that grievances existed, as they had complained. He related the measures which he had taken, and ob- served, that if the people would not be obedient to orders issued for their own safety, the conse- quences were imputable only to themselves. The Senate appeared to be decided in their opinion, of the measures which were necessary to be taken, respecting the insurgents ; but parties did not stand so unequally balanced on this point, in the lower House. Those members who from time to time, had found their plans overruled there, seem- ed to think that publick affairs had not been so properly conducted as they might have been ; and to hope, that the present commotions might be the means of bringing about what, they always thought should have been effected without them. They were, therefore, cautious in their proceed- ings against the insurgents, and, probably did not 51 wisli them to I)c crushed, till thini^s \\i.\c coi act- ed according to their view of a riglit system. The first measures which the Senate adoi)ted, were, to agree to a report of a joint committee on the Governour's speech. This report was ex- pressive of tlie abhorrence which the two Houses entertained, of the proceedings against the Judi- cial Courts. It decidedly approved of his Ex- cellency's conduct, in raising the militia for their defence. A promise of pay was also made to those who had been, or should afterwards be call- ed into service. It recommended a revisal of the militia law, and expressed a full determination on the part of the legislature, to examine into, and redress all grievances, which might lie upon the people : And it provided that the pri\'ilege of the writ of Habeas Corpus, should be suspended for a limited time. The House were unanimous in agreeing to the first mentioned clause in this re- port ; the other clauses were also voted, except- ing the last, at which a determined stand was made. In vain was it urged, that the daring at- tempts which had been made upon the authority of government, required a decisive defence on their part ; that the measures proposed, were on- ly means of disarming, without punishing the leaders of the insurgents ; that the same measure"^ b2 had been adopted in less perilous times, under the present constitution, without hesitation ; and that the safety of the friends of government, in the discontented counties, made them again necessa- ry. There were other gentlemen, and they were then the majority, who thought it a very unsuita- ble time for coercive measures. The first object, in their opinions, ought to be, to remove all causes of discontent, and so leave the insurgents with- out an appearance of justification, in case of their perseverance. But if violent plans should be projected, they feared that the uneasiness would increase, and the great body of neutrals would be disgusted with the government, and lost to its cause. After long debates this part of the report was again committed. The party who were for postponing vigorous measures against the insurgents, having given this check to their opponents, it became an object to hasten forward whatever business was considered as a condition of the suspension of the writ of Ha- beas Corpus. The grievances of the people, as the discontented were fond of calling themselves, had been laid before the court in several modes. Pe- titions from sundry towns had stated them, and these were committed by both houses. The con- ventions also appeared upon this occasion. Eigh- 53 tccn towns in Middlesex, forty one towns in Wor- cester, and all the towns but one in Bristol, form- ed conventions in their respective counties, by their delegates. A petition from each was prefer- red for a redress of grie^•ances, which were stated as nearly alike, by all, as circumstances would permit. That, from Bristol was peculiarly guard- ed at this point. They united in the gross, with the petition from Worcester, and then observed, that in case there should be different petitions from different counties, or perplexity in the sub- ject matter of those petitions, or they should ap- pear insufficiently explicit, they further prayed the court, to call a convention of the Common- wealth, for the purpose of uniting in consistent and explicit petitions, for the removal of those grievances which the people laboured under. The petition from Worcester, after reciting their griev- ances, pra}ed that the sense of all the towns in the Commonwealth might be taken, respecting the ne- cessity of revising the constitution ; and, in case two thirds of them should be in favour of a revision, that a state convention might be called for revising it. They received a delegate from the county of Bristol, and chose a committee to correspond with other counties — a measure that was eminently in- strumental in subverting the British government in this country. They also undertook to aid the 54 legislature in the well ordering of the Common- wealth, by addressing the people of their county, and expressing their confidence, that they would peaceably wait the result of that session of the General Court. As the substance of the petitions from the con- ventions was included in those from the towns, it saved a difficulty that might otherwise have arisen, as to the constitutionality of those bodies, and their authority to petition in behalf of the places they were said to represent ; especially, as in some instances, their constituents had not empowered them to go further than to agree upon a petition, subject to their own revisal, and to be presented from the respective towns themselves. These pe- titions therefore were suffered to lie, without any decision upon them. The grievances which were finally singled out for the consideration of the Court, as being the most important, and mostly within their power to remedy were, the sitting of the General Court in the town of Boston ; the institution and regu- lation of the Courts of Common Pleas and Gen- eral Sessions of the Peace, with the mode of hold- ing the Probate Courts ; the burdens of the peo- ple arising from the scarcity of money, and the 55 difficulties thereby accriiiiifr in tlic payment of back taxes, and private debts ; the mode of ap- propriating the proceeds of the impost and excise duties ; the fee bill, and the salaries of the officers of government. As one principal cause of the disturbances among the people, was the misrepresentation of design- ing men, by which they had been led to believe the grossest falsehoods, it was agreed on all hands, that an address should also be sent to all the citi- zens for their information, relative to publick affairs. Among the salaries of publick officers, that of the first magistrate, which was established at llOOl. per annum, being objected to by many discontented persons, it was early takan into con- sideration by the House of Representatives. They made it a question, whether it was within the power of the legislature to reduce it, consistently with the 13th article of the first section and 2d chapter of the constitution. After a full discus- sion of this point, it was determined that the sal- ary might be reduced, notwithstanding it had been fixed by an act in pursuance of the constitution. But, no use was made of this vote at the present time, and it was declared by members who were 56 in the affirmative, that it was intended to extend to a future year only, and not to any service which was actually commenced. Care was taken in the subsequent address to the people, to state the reasonableness of the salary in itself, and par- ticularly when compared to that allowed by the late province, which was not only larger but at- tended with a variety of perquisites. The opposers of a paper money system and a tender act, finding both those measures strongly urged by almost all the petitions upon publick grievances, and that the insurgents were not rig- orously treated, began to think of a compromise, by allowing of the latter plan, in order to avoid a still more odious expedient in the former. The committee who had been appointed on the sub- ject, submitted a question. Whether a tender act, or an act for the suspension of law, would not be inconsistent with the constitution ; and also mili- tate with the confederation and treaty of peace, unless the debts due to British creditors before the war, should be excepted ? The Senate voted, that it would be against the confederation and treaty, imless the exception should be made. But the House felt no ways disposed to give a preference, in this case, to British subjects over their own citizens, and disagreed with the Senate, at the 57 isiimc time giving leave for a draught of such a bill to be laid on tlieir table. While the House of Representatives were pre- paring this bill, and endeavouring to reform or abolish the Courts of Common Pleas and Gener- al Sessions of the Peace, the time arrived for the Supreme Judicial Court to sit at Taunton. On this occasion the Senate proposed a message to the Governour to request that his Excellency would give his most serious attention to the support of their session, and the House concurred in this pro- posal. The Governour, of course, afterwards communicated the measures A\hich he had taken. The Senate, in return, originated a message of thanks, in which they introduced, with some ad- dress, the resolves that had passed in both Houses, but which, from their connexion with the vote for suspending the writ of Habeas Coq^us, still remained on the Representatives' table, incapable of being laid before the chair. This message proved eventually, of great consequence, as it was the foundation of very spirited measures on the part of the Governour. In it the t\vo houses de- clared that they would ah\'ays on such and other occasions, afford the Supreme Executive all that aid, which should be incumbent on them, in their own department ; fully confiding that his Excel- 58 Itncy would still persevere in the exercise of such powers, as were vested in him by their excellent constitution, for enforcing due obedience to the authority and laws of government, &c. In ad- dition to this mesage, the Court passed a riot act, which was the first coercive measure the}' took, for counteracting the tumults of the in- surgents. The Supreme Judicial Court were effectualt}" supported at Taimton, the insurgents appearing at a distance only. One of them was permitted to present a petition to the court, in which it was requested, as the sense of the people, that their sitting should be adjourned. But, the memorial- ist being asked. How it happened, that the jurors had all attended, if it was the desire of the people that the court should not sit ? he was confound- ed, and retired. Such preparations were made for meeting the insurgents at Cambridge, the week ensuing, that they dared not attempt to impede the sitting of the Supreme Judicial Court at that place. The Governour took the opportunity of reviewing the troops that marched upon this occasion, under the command of Major General John Brooks. They amounted to 2069, besides volunteers. The 59 respectable n])pcarancc of tliis bod)', which \\as made upoftlic Middlesex niililia, and three com- panies from Boston, with many pieces of artillery, greatly elc\ ated the spirits of all the friends of the goAcrnment, and irritated or depressed those who were opposed to it. While the Supreme Executive was employed in making the necessary military arrangements, for supporting the administration of justice, the House of Representatives remained in the same pacifick disposition towards the insurgents. Noth- ing of consequence was suffered to pass them, but what was connected with the grievances of the people. They completed an act pro^iding for the payment of the back taxes in spccifick arti- cles, at fixed rates, on account of the scarcity of money. They agreed upon a plan for originat- ing civil causes before Justices of the Peace, in order to lessen the business of the Courts of Common Pleas, and to render hnv processes less expensive. And they industriously employed themselves in framing a tender act, that should be the least exceptionable to the ^ arious opposers of that measure. All of these acts finally passed the legislature, though several cases were excepted from the tender law, and the operation of it Mas limited to eight months at the motion of the Senate. 60 On the 28th of October, the Governour com- municated to the Court a resolve of Congress, for increasing the federal troops already raised, for carrying on an Indian war, to 2040 ; of the addi- tional number, the proportion required of Massa- chusetts, was 660. The critical juncture at which this requisition was made, and the large quota of men assigned to the Commonwealth, excited the jealousy of many persons, that the forces were to be employed in suppressing domestick difficulties, previously to their marching to the frontiers ; and this suspicion gained some ground among the members. The resolve, however, was fully complied with. In pursuance of the idea of quieting the uneasi- ness of the people, the House of Representatives went on to vote, that they would remove the General Court out of the town of Boston, if it could be done with advantage to the publick ; and ap- pointed a committee, consisting of a member from each county, to report a more suitable place at their next sitting. They also took up much time in debating upon the best mode of appropriating the proceeds of the impost and excise duties ; one party contending in favour of the old one, and others aiming to defray, with those duties, the in- 61 tcrcst of tlic foreign loans, and tlic exigencies of govcniment. Such delays taking place in the efl'ecting of a vigorous system for supporting the authority of the laws, occasioned very great alarms among those who were most opposed to the insurrections. Many were surprised that such dai'ing violations of the laws, as had taken place, were not follow- ed with the most decisi\c punishment ; or, at least, that some forcible measures were not pursued to prevent them in future. They were uneasy that an interest could be found, strong enough to con- fine tlie vote for suspending the privilege of the writ of Habeas Corpus, to the Representatives' table. They began to lose confidence in the General Court, and to wish that means might be found to adjourn them, before the publick cause should be injured by a feeble system, which might tend only to hold up their divisions and want of energy. There began also to arise another class of men in the community, who gave very serious appre- hensions to the advocates for a republican form of government. These, though few in number, and but the seeds of a party, consisted of persons respectable for their literature and their wcaldi. 62 They had seen so much confusion arising froiu popular councils, and had been so long expecting measures, for vindicating the dignity of govern- ment, which seemed now less likely to take place than ever, that they, with an impatience too in- considerately indulged, were almost ready to as- sent to a revolution, in hopes of erecting a politi- cal system, more braced than the present, and better calculated, in their opinions, to promote the peace and happiness of the citizens. But the insurgents themselves at length brought about, what their opposers, perhaps, could not have effected without them. The debates in the House of Representatives respecting the suspen- sion of the privilege of the writ of Habeas Corpus, had been spread abroad with the most aggravating circumstances. The insurgents, either through fear for their personal security, which was the ostensible object, or for the purpose of ripening the opposition to government, spread the alarm with avidity. A circular letter was sent by their party, to the selectmen of many towns in the county of Hampshire, requiring them immediately to assemble their inhabitants, to see that they were furnished with arms and ammunition accord- ing to law. They also ordered the militia, in some instances, to be furnished with sixty 63 rounds of powder, and to stand ready to mareli at a moment's warning. In addition to this, an- other convention was also appointed to be held at Hadlcy. Information of these circumstances was given to the Court, by the Go\ernour, on the 7th of November, and tlic committee to whom his Excellency's message was referred, recommended that the report formerly made upon his speech, and which then lay before the House, should be taken up. This report by the recommitment which we have mentioned, now contained, among other articles, a clause for trying persons charged with obstructing the administration of justice, out of the county where the fact was committed, and a clause for obliging all persons concerned in the insurrections, to take the oath of allegiance, as a condition of being indemnified against legal prosecutions. In the debates upon this report, at the present time, a great struggle took place. The advo- cates for lenient measures could hardly yet be brought to think, that the crisis had arrived, when it was necessar}', that the personal rights of the subject, should be so far deserted by the laws, as to allow of trials in foreign counties ; or 64 that every man's liberty should be trusted to the discretion of the Supreme Executive, without legal remedy. At length however, the extreme danger to which the government was reduced, by these hardy and insulting measures of the insur- gents, outweighed every consideration that had hitherto supported an opposition to the spirit of the report. The clause was agreed to, which em- powered the Supreme Judicial Court to try per- sons in any county within the Commonwealth, who had been guilty of obstructing or impeding, or attempting to obstruct or impede, the adminis- tration of law and justice ; or of attempting the detriment or annoyance of the Commonwealth, by open violence or private conspiracy. Though, when the bill was brought in, it was provided that the trial should be had in the county nearest to that in which the fact was committed, where there should be no apprehension of danger. In conformity to that part of the report which re- commended a suspension of the privilege of the writ of Habeas Corpus, another bill was framed, and finally passed into a law, which empowered the Governour and Council, to imprison without bail or mainprise, any persons whom they should deem the safety of the Commonwealth required to be restrained of their personal liberty, or whose enlargement was dangerous thereto. The dura- 65 tion of this law was limited to the first day of July followiiii^. But these measures were n6t adopted without a qualification which might prc^'cut their operat- ing to the detriment of any indi^•idual in the com- munity. A bill was at the same time brought in for granting a pardon to all persons concerned in the late disturbances, who should by the first day of January following take the oath of allegiance, and be of good behaviour in the mean time. The conditions of this general act of indemnity, were mild and easy to be complied with, and the advocates for it were exceedingly sanguine as to its effects. They thought the insurrections arose from misapprehensions and ignorance of the evil consequences of violent measures ; and they had too favourable an idea of their countr)^men, to suppose that they would not retract, when they were undeceived, and when so fair a way was opened for their return to their duty and alle- giance. In order to give time for information, and for the heated spirits of the malcontents to subside, the Courts of Common Pleas and General Sessions of the Peace, were for the present, in a manner. 9 66 put out of their way. Those in the county of Hampshire, were adjcurned to the 26th of Decem- ber ; those in Berkshire, to the first Tuesday in February ; those in Plymouth and Bristol were al- so adjourned, though for a shorter time. This arrangement brought the first stated term of these courts at Cambridge, a place which from its neigh- bourhood to the seat of s-overnment, and the dis- position of its inhabitants, was supposed to be a favourable spot for the introduction of good or- der. The Court of General Sessions of the Peace was suffered, however, to meet at Worcester by adjournment, on the 21st of November, a circum- stance that, we shall find, the insurgents did not forget. The minds of the people, it was hoped, would be much changed with respect to the courts abovementioned, from the measures which had been adopted for lessening their business, by an act for rendering processes in law less expen- sive. The design of this act was to originate all personal civil actions before Justices of the Peace, with a view of finishing them there. A trial how- ever, was allowed before the higher courts, if the demand was disputed. The House of Representa- tives also passed a bill for reducing the number of terms of these courts, but the Senate referred it over to their next assembling. Another measure on which the members of tlic court, witli ^ ery few exceptions, placed great confidence, was, their address to the people. In this was very explicitly stated the amount of the federal and state debts, and the means proposed for payinj^ them. The necessity of maintaining^,' the plighted faith of the commonwealth in the publick securities was forcibly urged, upon prin- ciples of righteousness and policy. All the taxes subsequent to tlie year 1780 were enumerated, and the expenditures accounted for, as minutely as the nature of the subject would permit. The salaries of the officers of government were set .forth and compared with those of the late pro- vince ; and it was shewn, that the whole annual ex- pense of the government, being less than 19,0001. did not amount to sixteen pence upon a rateable poll, exclusive of the proportion paid b}' the es- tates. The necessity of the major part governing the community was held up against the com- plaints of a number of parties, whose projects be- ing inconsistent with each other, rendered it im- practicable to adopt them. The cry for re^•ising the constitution was answered, by shewing the difficulties that were encountered in obtaining it ; the little prospect there was of mending it ; and the improbability of finding at this time, that un- usual spirit and mutual condescension and domes- 68 tick harmony, which accompanied the adoption of the frame of government, and which resulted in a great measure, from a danger of foreign in- vasion. The assistance of a paper medium was shewn to be ideas. Such a currency, it was ob- served, from experience, must depreciate, and that depreciation would be the source of misery to the helpless part of the community, those who were peculiarly under the guardianship of the legisla- ture ; while unprincipled men only would grow rich, and the morals of the whole people become corrupt. The difficulties of the Commonwealth \vere attributed to the excessive use of foreign luxuries, to the decline of republican virtue, and to a spirit of unreasonable jealousy, and a com- plaining temper, which would render a theocracy itself a grievance. With respect to the burdens complained of by the discontented, the atten- tion paid to their petitions, upon this subject, by different acts, was recited, and the conduct of the insurgents was attributed to a wish to subvert all order and government. The different officers in the community, and the whole body of the peo- ple, were, therefore, called upon to oppose with fortitude and perseverance, attempts to impede the course of justice, and to render their own lives and property insecure ; and, if any should be lost to all sense of justice and virtue, they were 60 assured, that the vengeance of im injured com- munity, must one day pursue and overtake them. This address was ordered to be dispersed, and the several ministers of the Gospel were requested to read it to their congregations, on the ensuing thanksgiving day, or at a lecture to be purposely appointed. Thus, after passing three different laws for eas- ing the burdens of the people, which were, an act for collecting the arrear taxes in spccifick articles ; an act for making real and personal estate a tender in discharge of executions and actions commenc- ed in law, and an act for rendering law processess less expensive ; after appropriating one third of the proceeds of the impost and excise duties for the exigencies of government ; after attempting to enlighten the minds of the citizens, by an instruc- tive address, and to restore peace to the Common- wealth, by providing for the apprehending and trying of dangerous persons ; but, at the same time, tendering indemnity to all the insurgents, the General Court rose on the 18th of November, with reasonable expectations, that the people, if yet unsatisfied, would seek further alterations, by the constitutional means of instructing their Rep- resentatives, or by a change of officers in the fu- ture elections. 70 To what causes it was owing, that these expect- ations were not answered, it is difficult to con- jecture. But, whether it was that the insurgents really supposed their burdens to be intolerable, and, by misrepresentations had been led to think, that they were contending against a power which would enslave them, if not effectually resisted ; or, whether they thought themselves to be a majority of the people, as some pretended, and so vested with a supreme power of altering whatever ap- peared to them to be wrong in the polity of the country ; or whether their pride prevented them from submitting to conditions of pardon, which a consciousness of their crimes evinced to be mild, and disproportionate to treasonable offences ; or, whether the plans of their leaders extending be- yond the redress of grievances, did not admit of any conciliatory measures taking place — certain it is, that the act of indemnity was treated with so much neglect, that scarce a single person deigned to accept of the benefits which it held up. The lenient system of government was attributed, not to their humanity, but to their timidity and weak- ness ; whilst the suspension of the privilege of the writ of Habeas Corpus, with the other proceedings of the like nature, were carefully inserted, by those to whom they were dangerous, among the griev- ances of the people. The session of ihc General Court was immedi- ately followed by a convention of delegates from several towns in the county of Worcester. On the 23d of November they sent out an address to the people. In this they held up the rij^ht of the people to examine, censure and condemn the conduct of their rulers. They asserted, that the rulers of Massachusetts, being many of them born to affluence, and perhaps the whole in easy circumstances, had not been under advantages of feeling for the less wealthy ; and being at best but fallible men, they had, as the conven- tion apprehended, pursued a mistaken mode of policy. This was instanced in the small ^'alue of real estates. The stopping of the courts of jus- tice was condemned as wrong, and as weakening their hands, and the people were intreated never more to attempt to obstruct those courts. They affected to hold up the embarrassment of the legislature, as an apology for the grievances of the people not being redressed in the way they could wish, and cautioned them against bringing go\'- crnment itself into contempt. They called upon all electors to stand strictly to the exercise of their rights, assuring them that their delegates felt for their distresses, and would never forsake them while in the line of their duty. They concluded, with no small degree of vanity, that however they Vi^ might suffer in their characters, persons or estates, if they could in the least degree contribute to re- storing harmony to the Commonwealth, and to supporting the weight of a tottering empire, they should think themselves happy. The caution given in this address against bring- ing government into contempt, must have been exceedingly weakened in its operation, by the former part of it, wherein the right of condemn- ing the publick rulers was asserted, and sentence accordingly passed upon them for mistaking the interests of the people. At any rate, the pacifick language of the convention did not seem to be thoroughly understood by their constituents ; for it happened in this case, as it did in most others, that their meeting was followed with additional tumults, instead of considerate measures on the part of the discontented. And, if the doings of publick bodies may receive a construction from the conduct of individuals which compose them, the circumstance of many members of conventions being afterwards found in the most attrocious acts of sedition, and otherwise annoying the govern- ment, gives us reason to suppose, that those as- semblies, by this time, intended to speak in one language, and to be understood in another. On the 21st of November, when the Court of General Sessions of the Peace attempted to meet at Worcester according to adjournment, the seat of justice was again found to be filled with arm- ed men. The Justices were obliged to open at a tavern ; and all the exertions of the Sheriff to procure tliem an entrance into the Court House were in vain. As government, relying upon the late proceedings of the legislature, took no meas- ures to oppose a force, about 150 men in arms effectually dispersed the court, and prevented any business being done of a publick or private nature. The governour immediately, on receiving the news of the procedure at Worcester, issued his orders as commander in chief; wherein he ob- served, that the very measures which the General Court had adopted for removing the complaints of the malcontents, had .been added to their cata- logue of grievances, and furnished them with new pretences for complaining. He declared that he felt himself bound by the most sacred obligations of duty, to attempt, at all hazards, to crush every dangerous opposition to government, and he therefore called upon the Major Generals of the militia, immediately to see that the several divis- ions were completely organized and equip- 10 74. ped, and ready to take the field at the shortest notice. In pursuance of the resokition expressed in these orders, the militia in Middlesex were direct- ed to be in readiness to march to Cambridge. Four regiments also were put into a like dispo- sition in Essex ; and the Sheriff of Barnstable, where some symptoms of uneasiness began to ap- pear, was directed to call upon the militia, to sup- port the courts in that county, if necessary. Notwithstanding these military preparations, the militia were not actually marched out to sup- port the Judicial Courts at Cambridge, which probably was occasioned by the peculiar circum- stances of the insurgents at this time, when a de- gree of a conciliatory temper appeared to take place among them. An influential character in Middlesex, undertook to make an agreement with the leaders of that county, that no forces should appear on either side, and wrote a letter to the Governour on this subject, to their satisfaction. But, the leaders in Worcester, feeling more inter- ested to keep up the contest, as they had broken the condition of the act of imdemnity, and might be left alone unless their brethren in the other counties were persuaded into the same temerity, artcrwaixls arrixcd, and, in a secret council, over- ruled this agreement. This decision ^^•as boldly communicated to the above mentioned gentleman, with explicit notice, that there would be a moN e- ment of the people. The plan was extensive in its operation, and more so in its design. A force was actually ordered to march from Worcester to Cam- bridge, to act in conjunction with the insurgents of Middlesex, and messengers were despatched to a leader of Bristol county, to march the people thence, upon the same business. Reports ^\•ere also spread that troops were on the road from Berkshire and Hampshire. Pursuant to this new scheme, a small party of Middlesex insurgents, headed by Oliver Parker, (Job Shattuck, their former Captain, coming in a more secret manner, in order to avoid the appear- ance of breaking his agreement) marched into the town of Concord. The ideas of this party ap- peared to be very wild, and not confined alto- gether to the stopping of the courts. Upon their arrival, Shattuck proceeded in the night to W^es- ton, to get intelligence of the Worcester forces ; but though they had begun their march, they did not appear, and from this want of co-opera- tion, the whole plan fell through. The insurg- ents at Concord, growing disheartened, scatterc<1 76 before any force could reach them. It ought not to be omitted, that the answer from the leader in Bristol, though too late to effect any measures, was, that the General Court had done so much for the people that they had determined not to move. The leaders of the insurrections having thus rejected the pardon which was held up to them by the General Court, notwithstanding the great ex- ertions which were made there to include them all within it, the Governour and Council found them- selves necessitated to exercise the highest author- ity which was delegated to them by the legisla- ture, for suppressing the opposition to govern- ment. Warrants were issued for apprehending the head men of the insurgents in Middlesex, as being dangerous to the safety of the Common- wealth, and for imprisoning them without bail or mainprise. The execution of these warrants was committed to the Sheriff of Middlesex, and others to whose aid, a party of horse, who had volunta- rily associated for the support of government, un- der Colonel Benjamin Hichburn, was ordered from Boston, early in the morning of the 29th of No- vember. These were joined by a party from Groton, under the command of Colonel Henry Wood, and the whole consisting of more than 100, proceeded immediately for Concord. On their arrival there, the Groton horse, as being best ac- quainted with the eoimtry, and least liable to ex- cite an alarm from an unfamiliar appearance to the inhabitants, were dispatched to secure the subjects of the warrant. These returned at night, with two prisoners, Parker and Page, but Shat- tuck, the principal leader, had taken an alarm and escaped. Under this disappointment, at midnight, in the midst of a violent snow storm, the whole party were ordered on to Shattuck's house in Gro- ton, where they did not arrive till late in the morning. Here they found that Shattuck had fled to the woods. A search was immediately commenced, and a judicious pursuit discovered him to a party of a few persons, led by Colonel Wood himself. Shattuck obstinately resisted, and was not taken until he had received several wounds, one of which was exceedingly danger- ous, and which he returned, though without much injury. The three principal objects of the war- rant being thus apprehended, the party returned to Boston, on the next day but one after their de- parture, having pervaded the country for near fif- ty miles. The short time in which tliis excursion was performed with so large a body, and the ex- treme severity of the weather, rendered the exe- cution of this service as honourable to the gen- 78 tlemeii who subjected themselves to it, as their motives in the undertaking were commendable. This expedition was a very important event. By it the sword of government was unsheathed, while the obstinate spirit of the malcontents, and the unlimited views of their opposition, seemed to afford but little prospect of an accommodation on their part. The advantages derived from the capture of the prisoners were material. The heart of the insurrection in Middlesex was broken by so sudden a stroke, while the friends to good order received a confidence from the strength and success of their cause. The personal safety of the principal insurgents became precarious, and could the attempts afterwards made for appre- hending others of them have been attended with the same fortunate issue, the contest would, prob- ably, have been ended without further trouble or expense. But, they were afterwards, either guard- ed or secreted by their followers, who seemed determined to oppose themselves boldly to the whole powers of the government. While this body of horse were entering the county of Middlesex, another body of forty were despatched, under the command of Majors Spoon- cr and Brimmer, from Roxburv, into the county 79 of Worcester, for the purpose of ascertuiniiii^ the numbers and circumstances of the malcontents ; iuid one of their principals owed his escape from them to misinformation alone. The alarm how- ever soon extended itself too far, for any further success by surprise, and this party were oi)liged to return, after reconnoitring the country, and collecting intelligence respecting the situation of the insurgents. The opposition to the Court of Sessions at Worcester, on the 21st of November, was evi- dently the renewal of an extensive system for op- posing the administration of justice. Previously to that day, all offenders stood upon a safe and honourable footing by the act of indemnity. But, that transaction, as must have been foreseen, tlii'cw the government into the di'cadful dilemma, of eidier putting the courts of justice out of their protection, or of supporting them at the hazard of a civil war, and every unknown consequence which might follow an appeal to the sword. No sooner had the insurgents appeared at Worcester, than they attempted an unsuccessful co-operation with those at Concord, as we have mentioned, for the purpose of breaking up the courts at Cam- bridge. But the excursion of the light horse af- terwards confmed their operations to the courts at 80 Worcester, which were to set the week following. With this intention, and perhaps for the better se- curing of their leaders, for whose safety they be- came exceedingly alarmed, the insurgents divided into several bodies, the principal party with Shays, their leader, retiring to the barracks at Rutland. Thus embodied they remained until Sunday, the 3d of December, when they began again to enter the town of Worcester. In the mean time, the Governour recived let- ters from the Sheriff of Worcester, acquainting him of the intentions of the insurgents, and of the improbability of his collecting a sufficient force to oppose them. When this was first communi- cated to the Council, they advised, that orders should be sent to the Sheriff and Major General of that division, to use their utmost endeavours to support the courts ; and letters were transmit- ted accordingly : But, upon a second considera- tion, a more extensive plan was agreed upon, and instead of these orders, the judges were advised to adjourn the courts to the 23d of January follow- ing. During the interval, it was judiciously con- ceived, the insurgent leaders would be exposed, and time would be afforded for the government to establish an effectual system for the support of the Judicial Courts. In the interim, while these 81 courts were again put out of tlie way of the mal- contents, the address of the legislature was for- warded by expresses, with a view of enlightening the minds of the people. The insurgents continued to enter the town of Worcester, from the 3d to the 5th of December, notwithstanding 170 men belonging to that place, turned out in arms to support the courts, and a most violent snow storm rendered travelling al- most impracticable. But the courts met, and adjourned agreeably to the Governour's direc- tions, to the 23d of January. The insurgents nevertheless, continued to assemble. Shays, with about 350 men, arrived from Rutland ; and re- cruits came in from several quarters, until their numbers increased from 800 to 1000. Thus as- sembled, they placed guards at discretion, appre- hended such persons as they pleased, among \\ hom was one of the Judges, and billetted themselves upon the inhabitants. No disorders however, of an outrageous nature, took place. The object of opposition at Worcester being- removed, the insurgents began to prepare for the continuance of their measures in Hampshire. This appears from the following address, which was inserted in the Gazette of that county. 11 82 "►4/z Address to the People of the several towns in the county of Hampshire, noxv at arms. " GENTLEMEN, " We have thought proper to inform you of some of the principal cause« of the late risings of the people, and also of their present move- ment, viz. " 1st. The present expensive mode of collect- ing debts, which, by reason of the great scarcity of cash, will of necessity fill our gaols with unhappy debtors, and thereby a reputable body of people rendered incapable of being serviceable either to themselves or the community. " 2d. The monies raised by impost and ex- cise being appropriated to discharge the interest of governmental securities, and not the foreign debt, when these securities are not subject to taxation. *' 3d. A suspension of the writ of Habeas Cor- pus, by which those persons who have stepped forth to assert and maintain the rights of the peo- ple, are liable to be taken and conveyed even to the most distant part of the Commonwealth, and thereby subjected to an unjust punishment. " 4th. The unlimited power granted to Justices of the Peace and Sheriffs, Deputy Sheriffs, and 83 Constables, by the Riot Act, indemnifying tlicm to the prosecution thereof; when perhaps, wliolly actuated from a principle of revenge, hatred, and envy. *' Furt/ienuorc, Be assured, that this body, now at arms, despise the idea of being instigated by British emissaries, which is so strenuously propa- gated by the enemies of our liberties : And also wish the most proper and speedy measures may be taken, to discharge both our foreign and do- mestick debt. " Per Order, " DANIEL GRAY, Chairman of the Committee J for the above purpose.^"* At the same time appeared another publica- tion, signed by a leader of the insurgents, and purporting to come from the same authority. If it was the act of the people then assembled in arms, it shews their further sense of publick griev- ances ; if it was only founded on the authority of the subscriber, it serves to evince the confidence, with which the unhappy tumults of the times in- spired an obscure individual to become a reform- er, and to assume the sovereign right of contend- ing for his object by the sword. 84 This publication was as follows, viz. " To the Printer of the Hamsphire Herald. " SIR, "It has some how or other fallen to my lot to be employed in a more conspicuous manner than some others of my fellow citizens, in step- ping forth in defence of the rights and privileges of the people, more especially of the county of Hampshire. " Therefore, upon the desire of the people now at arms, I take this method to publish to the world of mankind in general, particularly the people of this Commonwealth, some of the prin- cipal grievances we complain of, and of which we are now seeking redress, and mean to contend for, until a redress can be obtained, which we hope, will soon take place ; and if so, our breth- ren in this Commonwealth, that do not see with us as yet, shall find we shall be as peaceable as they be. " In the first place, I must refer you to a draught of grievances drawn up by a committee of the people, now at arms, under the signature of Dan- iel Gray, chairman, which is heartily approved of; some others also are here added, viz. 85 *' 1st. The General Court, for certain obvious reasons, must be removed out of the town of Boston. *' 2cl. A revision of the constitution is absolute- ly necessary. " 3d. Ail kinds of governmental securities, now on interest, that have been bought of the ori- ginal owners for two shillings, three shillings, four shillings, ajid the highest for six shillings and eight pence on the pound, and have received more interest than the principal cost the specu- lator who purchased them — that if justice was done, we verily believe, nay positively know, it would save this Commonwealth thousands of pounds. " 4th. Let the lands belonging to this Com- mon^^■ealth, at the eastward, be sold at the best advantage, to pay the remainder of our domestick debt. " 5th. Let the monies arising from impost and excise be appropriated to discharge the foreign debt. " 6th. Let that act, passed by the General Court last June, by a small majority of only seven, cal- led the Supplemental-}' Aid, for twenty five years to come, be repealed. " 7th. The total abolition of the Inferiour Court of Common Pleas and Genei-al Sessions of the Peace. 86 " 8th. Deputy Sheriffs totally set aside, as a use- less set of officers in the community ; and Consta- bles who are really necessary, be empowered to do the duty, by which means a large swarm of lawyers will be banished from their wonted haunts, who have been more damage to the people at large, especially the common farmers, than the savage beasts of prey. " To this I boldly sign my proper name, as a hearty wellwisher to the real rights of the people. " THOMAS GROVER. " Worcester, Dec. 7, 1786." The insurgents still continued embodied, and alarming the whole Commonwealth, from the uncertainty of their next object. Much talk was circulated, of their intending to march directly to Boston, in order to release Shattuck, and the other State prisoners confined there. And this idea had impressed the Governour and Council so strongly, that they issued orders to Major General Brooks, to hold the Middlesex militia contiguous to the road, in readiness for action, and to dis- patch persons to watch the movements of the force at Worcester. But, the severity of the weath- er, and that want of enterprise in the insurgents. 87 for which their ohstinac y and perseverance was an inadequate snbstitute, entirely dissuaded them from this attempt, if it ever formed a part of tlieir designs. However, so large a force, hanging, as it were, over the heads of the citizens, uncertain as to its direction, and liable to become predato- ry, from a want of means of subsistence, kept a great part of the militia under military duty, and deeply impressed every man with concern. The capital, where the prisoners were confined, was under very unusual appearances. The se\'eral alarm posts were assigned to the citizens ; guards were mounted at the prison, and at the entrances of the town ; and all things seemed to carry the shew of a garrison. The confusion of the people was greatly increased also by the reports of the discontented, who magnified some trifling ac- cidents which happened in the excursion of the light horse, and represented that enterprise, as a most bloody and cruel attack upon innocent citi- zens ; they held up the government as a tyranny subverting the liberties of the Commonwealth ; they spoke of themselves as sufferers seeking the redress of grievances, at the risque of every thing ; and they addressed the pity and claimed the assist- ance of the people, inasmuch as they were to be equal sharers in the benefits for which they were contending under such sufferings. In addition 88 to all this, the grossest misrepresentations were made of the proceedings of government, and of the characters of publick officers. The continuance of the insurgent forces at Worcester, for any length of time, however desir- able it might have been to their leaders, was not to be effected. Their numbers were considera- ble, and they had no other supplies than what a sudden departure from their several homes had allowed them to provide. To relieve the prison- ers in Boston was not to be attempted ; and the courts were not to sit at Springfield until the 26th of the month. A separation therefore was una- voidable. Accordingly, a council of their leaders having been held, at which they concerted a plan for procuring a petition in their behalf, as we shall hereafter mention, they all left Worcester by the 9th of December. A large body of them with Shays their principal leader, retired by the way of Rutland, at which place they remained for some time. The retreat of these unhappy men, though less peaceable than their assembling, was attended with such distresses, as rendered them objects of pity. Some were actually frozen to death, and all of them were exposed to the inclemencies of 89 the severest winter that had happened for many years. These diffieuhies were lieii^lUened by a seareity of pro^ isions, and, we may suppose, by an unwelcome reception among some persons, who considered them as the fomenters of sedition. Their cause during their whole expedition to Wor- cester, must have worn an unfavourable aspect m their own view. Indeed, this idea seemed to make a deep impression upon Shays himself, if he was sincere in a conversation which happened about this time, between him and a confidential officer of government. Shays was asked b}' this officer, who left it optional with him to answer the question or not, " Whether, if he had an op- portunity, he would accept of a pardon, and leave his people to themselves "?" To which Shays ans- wered, "Yes, in a moment." Upon a commu- nication of this conversation to the Governour and Council, they empowered the officer to tell Shays, that, in case he would immediately leave the insurgents, and engage to conduct as a good citizen in future, he might be assured that he should be protected ; and, in case he should be convicted by any Judicial Court, of illegal pro- ceedings, that he should receive a pardon from the Governour and Council. But this commis- sion was afterwards returned, no opportunity hav- ing offi.Ted for the execution of it. 12 90 The plan which the government had adopted on their part, being calculated to give time for the people to procure information of the measures which the General Court had taken to redress their grievances and to recollect themselves ; i\ left the insurgents also at liberty, for a time, to desert or continue their violent proceedings. Of course, a very small force was necessary to enable them to carry on their operations, if they chose to main- tain them. This they determined to do at Spring- field, where, we may recollect, the Judicial Courts were adjourned to the 26th of December, by a re- solve of the legislature. Shays marched into that town, with other leaders of his party, who as- sembled about 300 malcontents, to oppose the ad- ministration of justice. For this purpose, they took possession of the Court House, and placed their guards according to the military ceremonies, which had by this time, become usual and pret- t)/^ generally known in cases of such a nature. Their respect, however, for the court, led to the decent mode of appointing a committee to wait on them with an order, couched under the hum- ble appearance of a petition, requiring them not to proceed upon business. This supplication was too well understood, not to be instantly granted, and so both parties retired. 91 This good Immouic'cl decision against the se- rious riglits of the eommunity, u as however, the last whieh the insurgents ever had it in their pow- er to negotiate. And they seemed aware, that further I'oree might be necessary, as on tlieir re- turn from Worcester, their officers appointed a large committee to superintend the arrangement of the regiments in tlie county of Hampshire, as- signing to each member his particular division. On the first of January, the Goa ernour and Council received information of the procedure at Springfield, and of there being the highest prob- ability, that the insurgents would appear at Wor- cester, for the same purpose, on the 23d of that montli. This was to stride over the line which the government had distinctly marked out for their defence. It might be said to be passing the Rubicon in this contest ; and to involve one or other of these consequences, that the whole con- stitutional powers of the Commonwealth were to be prostrated at the feet of usurpation imd con- quest, or that the lives and fortunes of the adven- turers were to be forfeited for a treasonable at- tempt against their country. Under these cir- cumstances, the Council did not hesitate to advise, that vigorous and cftbctual measures should be tak- en to support the courts to be holden at Worcester. 92 The mode of protecting the administration of justice, by calling on the Posse Comitatus, was found by repeated experience, to be ineffectual. Such conseq^uences had followed from exertions in the publick cause, by threats against the lives of those who were distinguished for their activity, and in one instance, by the secret firing of buildings, that the friends of government in the disaffect- ed counties, could no longer, unsupported, be brought into the field against their neighbours, at the risque of their property, and every comfort of private life. It was therefore necessary, that assistance should be given from different counties ; and it was accordingly advised by the Council, that 700 men should be raised from the county of Suffolk, 500 from Essex, 800 from Middlesex, 1200 from Hampshire, and 1200 from Worcester ; the whole amounting to 4,400 rank and file. Two companies of artillery were ordered to be detached from Suffolk, and a like number from Middlesex. The troops from the three first named counties, were ordered to rendezvous in the vicin- ity of Boston, on the 19th of January ; those from Hampshire at Springfield, on the 18th ; those from Worcester were to join the troops from the eastern counties at the town of Worcester ; and the whole were to be raised for thirty days, unless sooner discharged. The command of this respectable 93 force was g-ivcn by his Excellency to Major General Benjamin Lincoln, whose military repu- tation and mildness of temper, rendered him dou- bly capacitated for so delicate and important a trust. But the raising of this army, would have been as ineflectual a measure for defending the Com- monwealth, as any that had been pursued, had not some substantial mode been adopted for sup- plying it. The Commissary and the Quarter- master General represented, that they had neitlicr the articles necessary for that purpose, nor the money to purchase them. Such was the low state of the publick treasury, that perhaps not a single company could have been maintained from that source, if any funds had been appropriated for such uses. The legislature were not sitting, and had they been sitting, could not have laid a tax which w'ould have raised the monies in season. In this situation, a numl)er of gentlemen, from a convic- tion of the necessity of maintaining good order, and from a consideration of the exigencies of gov- ernment, Aoluntarily offered a loan to support the publick cause. The Council advised the Gov- ernour, to direct the Commissary and Quarter- master General, to procure money or other arti- cles from this loan, to an amount not exceeding 94 60001. and to recommend to the legislature, upon their convening, to take effectual measures for the speedy reimbursement of the sum so borrowed. In this manner was an army raised, and after- wards marched into the field, by the Supreme Executive of the Commonwealth, in the recess of the legislature. The General Court, at their last sitting, had requested the Governour still to persevere in the exercise of such powers as were vested in him by the constitution, for preventing any attempts to interrupt the administration of law and justice, and for enforcing due obedience to the authority and laws of government. Upon this request, and the inflexible perseverance of the in- surgents in their outrageous system, the raising of this army, the highest act of constitutional author- ity that is vested in the Governour, appears to have been founded. And the measure, we shall find, was afterwards fully justified, not only by the hearty approbation of the legislature, but by its own consequences, in the restoration of judicial proceedings, and the preservation of the constitu- tion. On the 12th of January, while the militia were embodying, the Governour sent out an address to the people of the Commonwealth. In this, the 95 conduct of tlic insurf^cnts, and the proceedings ot the legislature, with their request to him of the 24di of October, to use the powers vested in him for enforcing obedience to the luws, were recited. Agreeably to Uiat request, and to his own ideas ol' duty, the people were informed, that he had or- dered a part of the militia to assemble in arms, iqv the purpose of protecting the Judicial Courts at Worcester ; of aiding the civil magistrate in exe- cuting the laws ; of repelling all insurgents against the government, and of apprehending all disturb- ers of the publick peace. It was observed that the object of the insur- gents evidently was, to annihilate the present happy constitution, or force the General Court into measures repugnant to every idea of justice, good faith, and national policy. Success in ei- ther case, must be destructive of civil liberty : And as it would be the result of force, undirected by moral principle, it must finally terminate in despotism in the worst of its forms. Men of principle, the friends of justice and of the constitution, were enjoined to unite, and by their union, if it should be as firm as the insur- gents had been obstinate, in trampling justice and the constitution under their feet, it was observed, 96 a regular administration of law and justice would be established, without the horrors of a civil war, which were ardently deprecated, and which the utmost endeavours would be used to prevent. But unless force appeared, the greatest calamities seemed inevitable. If insurrection was to stalk unopposed by authority, some consequences were shewn ; and what, it was observed, would be the end of such events, was known only to him, who could open the volume, and read the pages of fu- turity. The good people of the Commonwealth were therefore conjured, by every thing valuable in life, to co-operate with government in every ne- cessary exertion for restoring to the Common- wealth, that order, harmony and peace, upon which its happiness and character so much de- pended. The movements in raising the army, could not but inspire the insurgents with serious apprehen- sions ; and they began upon a system of policy, which they for a long time continued, of petition- ing the government on the one hand, without re- laxing their military exertions to overcome it on the other. When they were at Worcester, they agreed upon a petition to the Governour and Coun- 97 cil, wlilcli n'as to he supported by as many towns as could be brout^Iit into the measure. Tliis pe- tition, which had been once sent, but miscarried, Avas again l)rought forward and presented. It contained, in substance, a request that the state prisoners might I)e liberated, and a general par- don again granted to all the insurgents ; that the Courts of Common Pleas might be adjourned to the next election ; and it then engaged for the peaceable conduct of the insurgents. The mo- tive of petitioning was held up as arising not from the fear of death, or of any evils that might be placed in their way, but to prevent the cruelties and devastations of a civil war. But there did not appear an}- e\idencc that the person whose name was subscribed to this petition, was em- powered to execute it, and it was dubious whether he himself signed it. Besides which, there was not a man present at the meeting where it a\ as drawn, from the county of Hampshire, in behalf of the insurgents of which county, among others, it was presented. The Council therefore declar- ed, that thc^ could not consistently with llicir trust, attend to this paper, which they considered rather as an insult, than a petition, as it contained a threat, and not a sense of guilt in proceeding il- legally : They therefore advised the Governour, to inform the bearer of this opinion ; at the same 13 98 time observing, that whenever any citizen, or cor- porate body should prefer a petition, all due at- tention would be paid to it. But the objections to this petition did not, at present, induce the insurgents to produce any other, better accommodated to the ideas of the Council. Their officers had previously issued their orders for the people immediately to assem- ble to support thei^ rights, as it was termed, a- gainst the government. They therefore directed their attention, to a more authoritative mode of preferring their demands. The resolutions of the insurgents continuing thus hostile, the army of the state was put in mo- tion, to support the Judicial Courts, under the command of General Lincoln, who received the following Orders from his Excellency the Gov- ernour, '■^ Boston, January 19, 1787. " SIR, "You will take the command of the militia, detached in obedience to my orders of the 4th instant. The great objects to be effected are, to protect the Judicial Courts, particularly those next to be holden in the county of Worcester, if the justices of the said courts should request your 99 aid ; — to assist the civil magistrates in executing the laws; and in repelling or apprehending all aiid every such person and persons as shall in u hostile manner, attempt or enterprise the destruc- tion, detriment or annoyance of this Common- wealth ; and also to aid them in apprehending the disturbers of the publick peace, as well as all such persons, as may be named in the state war- rants, that liave been, or shall be committed to any civil officer or officers, or to any other per- son, to execute. " If to these important ends, the militia already ordered out should, in your opinion, be incom- petent, you will call on the Major Generals for further and effi^ctual aid : And if you can rely on their attachment to government, you will in the first instance, call on the militia in the neigh- bourhood of your ccunp. " I cannot minutely point out to you, the par- ticular line you shall pursue in executing these orders : But would obserAC in general, that if, to answer the aforesaid valuable purposes, you should judge it necessary to march a respectable force through the western counties, you ^viIl in that case do it. This would give confidence to the well affected ; would aid and protect the ci\'il of- 100 licers in executing their duty, and would con- vince the misguided of the abilities of govern- ment, and its determination to pursue every legal, and constitutional measure for restoring peace and order to the Commonwealth. " You are to consider yourself, in all your mil- itary offensive operations, constantly, as under the direction of the civil officer, saving where any armed force shall appear, and oppose your march- ing to execute these orders. " That I may be fully acquainted with all the proceedings of the armed force under your com- mand ; and with all matters that respect the great objects to be effected, you will please to give me regular information by every post : And for in- termediate and necessary intelligence, you will order the Quartermaster General to provide the necesary expresses. " On these attempts to restore system and or- der, I wish the smiles of heaven, and that you may have an agreeable command, the most per- fect success, and a speedy and safe return ; and am with much esteem, " Sir, your most obedient servant, " JAMES BOWDOIN. ''^ Hon. Major General Lincoln.'''' 101 In addition to the foregoing, the Council, upon letters from General Lincoln and General Shepard being laid before them by the Governour, advised his Excellency, on the 2U\\ of January, to give to General Lincoln, such further orders, as would enable him, in the safest and most efl'ectul man- ner, to apprehend, disarm and secure, by all fit- ting ways and means, all persons \\ ho, in a hos- tile manner should attempt or enterprise the de- struction, invasion, detriment, or annoyance of the Commonwealth ; and particularly all such bodies of armed men, as then were, or might be assem- bled in the counties of Worcester, Hampshire, Berkshire, or elsewhere within this state, for the purpose of opposing the authority of the Com- monwealth founded on the laws and constitution thereof. And orders were given by the Govern- our accordinsrlv. HISTORY INSURRECTIONS, &c. PART II. Before we attend to the march of the army, it may not be improper to advert, |l for a moment, to the state of parties, which by this time prevailed in the Commonwealth, and which greatly influenced the military operations, as well as all other measures, adopted for sup- pressing the insurgents. In viewing these parties, it will strike us with no small surprise, that the cause of government, which was so directly con- nected with the administration of justice, and in- deed with all the essential principles of society, did not gain greater numbers than what, from the progress of the insurrections, and other circum- stances, we may suppose, really inlisted on its side. But, as has been mentioned, many persons were led to consider the success of their attempts 104 to obtain a redress of grievances, as depending upon the issue of the struggle respecting the courts ; and doubtless were by those means in- duced to wink at an abuse, which if taken by it- self, they would have viewed with abhorrence. The discontented of every class therefore, united at this important stage of the contest, without much attention to the difference between their several complaints, or their proposed systems of reform. Many who only wished for an alteration in the Judicial Courts, were entangled with others, who intended if possible, to prevent the adminis- tration of justice in any way. Not a few of the more moderate in opposition, who thought that they discovered grievances in the mode of appro- priating the impost and excise duties, or in the distresses of debtors, and w^ho wished for any reasonable alterations which would quiet the minds of the people, were carried down in the same cur- rent of insurrection, with those who were for an- nihilating both publick and private debts, and who aimed to revise or extinguish the constitution. Men who in former years had classed themselves on opposite sides of inveterate parties, were, upon this occasion, to be found together. There were those who had been most violently principled against the revolution, and who hated the govern- ment as an effect of that event, uniting with flam- 105 inp;, hut disappointed patriots, who had exerted all their abilities to bring- it about. Anionic the great body of the disafl'ccted, who were for altering the government, in order to enlarge the powers of the people, there were also to be discerned, many who wished to earry popular measures to such ex- tremes, as to shew their absurdity, and demon- strate the necessity of lessening the democratick principles of the constitution. The rage of the times excited all these parties, from diftbrent, and in some instances, from contrary motives, to at- tack the estaljlished system, without considering, if it were overthrown, upon whose plan it could be afterwards rebuilt. Thus was formed a che- quered, but numerous body, some have supposed a third part of the Commonwealth, to aid, or at least not to contend against, the resistance made to the sitting of the courts. To these, however, was opposed a still more powerful body, of which the men of property formed a material part. The holders of publick securities, and private creditors must, from mo- tives of safety, haAC inlisted on this side of the question. General principles of respect to au- thority, and habits of obedience, had not yet lost their influence over many loyal and respectable citizens. And the whole received a kind of ce- ll N 106 ment from patriots who saw the use which might be made of the commotions of the people by de- signing men, for the purpose of enslaving them; and who too sensibly recollected the blood and treasure, which had been expended in obtaining the constitution, to renounce it for temporary evils. Besides these, we may reckon a third body of citizens, whom neither the idea of grievances on the one hand, nor the love of the constitution on the other, could wholly draw off from a neu- tral station. With the ascendency or decline of these par- ties the progress of the army, the struggles of the insurgents, and the proceedings of the govern- ment, were intimately connected. On the 19th of January, the army rendezvoused at Roxbury, and reached Worcester on the 22d, the day preceding the sitting of the Courts of Common Pleas and General Sessions of the Peace, in that place. This march was performed, with minute attention to the feelings of the inhabitants, and was calculated to inspire them with ideas of protection. It is scarcely necessary to observe, that the Judicial Courts set at Worcester, without interruption from the insurgents, who, being un- 107 equal to the resist inq; of so respectable a Ibrce, had turned their attention to a difltrent object. While the government were quieting the low- er counties with even the appearance of their ar- my, a less flattering prospect opened in the west. PrcNiously to the marching of the troops from Roxbury, orders had deen given to General Shep- ard, to take possession of the post at Springfield. Here he accordingly collected about 900 men, and afterwards reinforced them with the addition of near 200, all from the militia of the comity of Hampshire. The continental arsenal furnished a sufficient number of field pieces, and such equip- ments as \\erc wanting for the men. To this respectable post the attention of the insurgents was directed in the first instance, and their ex- pectations were greatly raised, from a hope of car- rying it previously to the arrival of the army under General Lincoln. Their movements therefore, were towards West Springfield on the one side, where about 400 men a^iscmbled under the com- mand of Luke Day ; and towards the Boston road on the other, where 1100 more were headed by Shays liimself. Besides these, a piuc}- of about 400 from the county of Berkshire, under the com- mand of Eli Parsons, were stationed in the north parish of Springfield. The first of these parties 108 undertook to stop and examine all passengers ; and cruelly wounded two persons, who submitted to their authority with reluctance. The insurgents having collected these forces, which were respectable from their numbers, and from the large proportion of old continental sol- diers ^vhich they contained, Shays, on the 24th of the month, sent a message to Day, informing him that he proposed to attack the post at Springfield the next day, on the east side ; and desiring that Day's forces might co-operate with him on the other. Whether Day found it really inconvenient to join in the the attack on the 25th, or whether he w^as desirous of having the whole honour of Gen- eral Shepard's surrender, which was anxiously ex- pected by the insurgents, he was induced to delay the projected plan ; and his reply to Shays's letter was, that he could not assist in the attack on the day proposed, but would do it on the 26th. This answer" however, was luckily intercepted by Gen- eral Shephard, and Shays took it for granted, that Day would co-operate with him, at the time he had mentioned. But instead of this. Day only sent in an insolent summons to General Shepard, acquainting him, that the body of the people as- sembled in arms, adhering to the first principles 109 ill nature, self preservation, did in the most pc - leniptory manner, demand " 1st. That the troops in Springfield should lay- down their arms. '' 2d. That their arms should be deposited in the publiek stores, under the care of the proper officers, to be returned to the owners at the termi- nation of the contest. " 3d. That the troops should return to their several homes upon parole." On the same day, Shays sent a petition, as it was termed, from Wilbraham, to General Lincoln, in which he observed, that from his unwillingness to be accessary to the shedding of blood, and from his desire of promoting peace, he was led to pro- pose, that all the insurgents should be indemnified, imtil the next sitting of the General Court, and until an opportunity could be had for a hearing of their complaints ; that the persons who had been taken by the government should be released, without punishment ; that these conditions should be made sure by proclamation of the Governour : On which the insurgents should return to tlicir homes, and wait for constitutional relief from the insupportable burdens imder which they laljour- ed. Wlien this petition was written, General Lincoln Mas two da} s marcli from Springfield ; 110 and if the object of it had been really pacifick. some time would have been allowed for an answer. The situation of General Shephard and his party, whom no one doubted the insurgents intended to attack with all their force, was truly alarming. His troops were decidedly inferiour in numbers to those of the enemy ; and though he was pos- sessed of artillery, yet he could derive little ad- vantage from works thrown up on such a sudden emergency. So doubtful was the issue of an at- tack upon him, in the mind of General Lincoln, and so great was the chance of Shay's gaining importance and numbers from success, that on the 25th, General Brooks was called upon to march with the Middlesex militia to Springfield, as early as possible. While affairs were in this critical state. General Shepard, about 4 o'clock in the afternoon of the 25th, perceived Shays advancing on the Boston road, towards the arsenal where the militia were posted, with his troops in open column. Possess- ed of the importance of that moment, in which the first blood should be drawn in the contest, the General sent one of his aids with two other gen- tlemen, several times, to know the intention of the enemy, and to warn them of their danger. The Ill purport of their answer was, tliiit they would have possession of the barraeks ; and they imme- diately marched onwards to ^\ ithin 250 yards of the arsenal. A message was again sent to inform them, that the militia were posted there by order of the Governour, and of Congress, and that if they approached nearer, they would be fired upon. To this, one of their leaders replied, that that was Lill they wanted ; and they advanced one hundred yards further. Necessity now compelled General Shepard to fire, but his humanity did not desert him. He ordered the two first shot to be direct- ed over their heads ; this however, instead of re- tarding, quickened their approach ; and the ar- tillery was at last pointed at the centre of their column. This measures was not without its ef- fect. A cry of murder arose from the rear of the insurgents, and their whole body was thrown in- to the utmost confusion. Shays attempted to dis- play his column, but it was in vain. His troops retreated with precipitation to Ludlow, about ten miles from the place of action, leaving three of their men dead, and one wounded on the field. The advantages which the militia had in their powTr, both from the disorder of this retreat, which was as injudicious as the mode of attack, and from the nature of the ground, would have 112 enabled them to have killed the greater part of the insurgents, had a pursuit taken place. But, the object of the commander was rather to tennfy, than to destroy the deluded fugitives. Notwithstanding this retreat. General Shep- ard, who had received no reinforcement, was un- der the strongest apprehensions of another attack from the whole body of the insurgents. Those on the west side of Connecticut river, under Day, had, from the intercepting of his answer to Shays' letter, been wholly inactive in the attack ; and probably, were more irritated than dismayed at the defeat. The main army was more than a day's march distant ; and Shays' party formed a junction with those under the immediate com- mand of Eli Parsons, the Berkshire leader, at Chickabee, on the 26th, though this was attended with the loss of two hundred men, by desertion. But the apprehensions of another attack at Springfield, were entirely allayed, by tlie arrival of the army under General Lincoln, on the 27th of January. Four regiments, three companies of artillery, a corps of horse, and a volunteer corps, appeared on that day at noon, and the remainder in the evening. The enemy were found posted as ^ve have described, and Day had placed guards 113 at the ferry house, and at the bridj^e over Agawam river, so that all communications from tlic north and west, by the usual routes, were cut oft". Notwithstanding the fatigue of a march, per- formed in an uncommonly severe winter, the army were ordered under arms at half past three o'clock, the same day on which they arrived. Four regiments, with four pieces of artillery, and the horse, crossed the river upon the ice, while the Hampshire troops, under the command of Oeneral Shepard, moved up the river, as well to prevent a junction of the party under Shays, who were on the east side, with those under Day, on on the west, as to cut off the retreat of the latter. It was also a great object by this manoeuvre, to encircle Day, with a force so evidently superior, as to prevent his people from firing, and thereby to avoid the shedding of blood. Upon the ap- pearance of the army on the river, the guard at the ferry house turned out, but forsook the pass ; and after a small shew of opposition, near the meeting house, retired in the utmost confusion. This was attended with the flight of all Day's party, who escaped to Northampton, with the loss of a very- small number, that were overtaken by the light horse. The insurgent forces under Shays, made no greater opposition, on the day following. 15 114 When the army approached him, he immediate- ly began a retreat, through South-Hadley to Am- herst, supplying the hunger of his men by pkm- der. A person who acted as an Adjutant in his party, was killed ; which happened, according to report, by the excessive agitation of his men, who mistook their own rear guard, for an advanced party of General Lincoln's army. The appearance of things was exceedingly changed by the flight of the insurgents from Springfield. The jpublick mind had been im- pressed with a generous anxiety for the fate of General Shepard, and the very respectable body of militia, which he had the honour to command. The issue of the attack upon them did not whol- ly allay this concern. The defeat, though de- cisive, was not attended with such loss, as could discourage so large a body of men, as the insur- gents had collected, from further attempts, espe- cially if actuated by the motives which they pre- tended to hold out. The apprehensions of the inhabitants had been also greatly raised, from the various reports of the numbers and objects of the insurgents ; and more than all, from the aid which they affected to rely on, from secret, but influential characters within the state, and the dis- contented of neighbouring governments. From 115 such idcvis, the mccling of the two armies in lull force, at Springfield was dreaded by all, in whose minds the tranquillity of the countr}- was the primary object. But these fears wholly vanished, by the dispersing of the insurc^ent forces, and a security naturally arose from the fliittcrinGj view of their broken and forlorn condition. Orders were therefore immediately issued for the return of the Middlesex militia, who, to the number of about two thousand men, had begun their march, and were entering the county of Worcester, which, it was at this time conjectured, might be protected by the forces originally raised. The march of this body, however, was not with- out very beneficial effects to the publick cause, which the friends of the insurgents were artfully undermining, with the specious pretext of pre- venting the shedding of human blood. Under this idea, they opposed the raising of men for the army, and endeavoured to turn the general sense of the people against the measures of government, as precipitate and cruel. In Middlesex, an at- tempt was actually made, under the cover of this humane principle, to raise another convention, for devising means of settling the publick com- motions, by other ways than those which the ex- eautivc authority had directed. The motion of 116 the troops under General Brooks, enabled him to adopt a decisive and spirited mode of conduct, which effectually stifled this baneful project in its infancy ; and it demonstrated, what began to be questioned — that the repeated disappointments of the people of that county, in not marching, after very troublesome and expensive preparations for the field, had not destroyed their obedience to the commands of the government. The pursuit of Shays and his party, which commenced at two o'clock in the morning, was continued till the army reached Amherst, through which place, however, he passed before their ar- rival, on his way to Pelham, with the main body of his men. General Lincoln, finding the enemy out of his reach, directed his march to Hadley, the nearest place which could be found to afford a cover for his troops. Upon an examination of the houses at Amherst, it was discovered, that most of the male inhabitants had quitted them to follow the insurgents ; and that ten sleigh loads of provis- ions had gone forward from the county of Berk- shire for their use. Under such appearances, a strict prohibition was laid upon the remaining inhabitants, against affording any supplies to their deluded neighbours. 117 The morning iifter the arrival of the army at Hacllcy, iulbrmatiou was received that a biuall number of General Shepard's men had been captured at Southampton, and tliut the enemy's party still eonlinued there. The Brookficld vol- unteers, consisting of fifty men, and commanded by Colonel Baldwin, were sent in sleighs, with 100 horse, under the command of Colonel Crafts, to pursue them. They were soon found to consist of eighty men with ten sleighs, and at twelve o'clock the same night were overtaken at Middle- field. They had quartered themselves in separate places ; and about one half of them, with one Luddington their captain, being lodged in a house together, were first surrounded. It was a singu- lar circumstance, that among the government's volunteers, happened to be General T upper, who had lately commanded a continental regiment, in which Luddington had served as a Corporal. The General, ignorant of the character of his enemy, summoned the pai-ty to surrender. How aston- ished was the Corporal at receiving the summons, in a voice to which he had never dared to refuse obedience ! A momentary explanation took place, which but heightened the General's commands. Resistance was no longer made, the doors were opened, and a surrender was agreed to. By this ^ime, the rest of the party had paraded under 118 arms, at the distance of 200 yards, where they were met by a number of men prepared for their reception. Both sides were on the point of fir- ing, but, upon an artful representation of the strength of the government's troops, the insur- gents laid down their arms, and fifty-nine prison- ers, with nine sleigh loads of provisions, fell into the hands of the conquerors, who returned to the army on the day following. The whole force of the insurgents having taken post on two high hills in Pelham, called east and west hills, which were rendered difficult of access by the depth of the snow around them. General Lincoln, on the 30th of January, sent a letter di- rected to Captain Shays, and the officers com- manding the men in arms against the government of the Commonwealth, as follows : *' Whether you are convinced or not of your error in flying to arms, I am fully persuad- ed that before this hour, you must have the full- est conviction upon your own minds, that you are not able to execute your original purposes. " Your resources are few, your force is incon- siderable, and hourly decreasing from the disaf- fection of your men ; you are in a post where you 119 have neither cover nor supplies, and in a situation in which you can neither give aid to your friends, nor discomfort to the supporters of good order and government. — Under these circumstances, you cannot hesitate a moment to disband your dehided followers. If you should not, I must ap- proach, and apprehend the most influential char- acters among you. Should you attempt to fire upon the troops of government, the consequences must be fatal to many of your men, the least guilty. To prevent bloodshed, you will com- municate to your privates, that if they will in- stantly lay down their arms, surrender themselves to government, and take and subscribe the oath of allegiance to this Commonwealth, they shall be recommended to the General Court for mercy. If you should either withhold this information from them, or suflfer your people to fire upon our approach, you must be answerable for all the ills which may exist in consequence thereof." To this letter the following Answer was re- ceived. " Pelham^ January ^Qth^ 1787. " To General Lincoln, commanding the govern- ment troops at Hadley. *' SIR, , "The people assembled in arms from the counties of Middlesex, Worcester, Hampshire and 120 Berkshire, taking into serious consideration the purport of the flag just received, return for an- swer, that however unjustifiable the measures may- be which the people have adopted, in having re- course to arms, various circumstances have induc- ed them thereto. We are sensible of the embar- rassments the people are under ; but that virtue which truly characterizes the citizens of a repub- lican govenment, hath hitherto marked our paths with a degree of innocence ; and we wish and trust it will still be the case. At the same time, the people are willing to lay down their arms, on the condition of a general pardon, and return to their respective homes, as they are unwilling to stain the land, which we in the late war purchased at so dear a rate, with the blood of our brethren and neighbours. Therefore, we pray that hostilities may cease, on your part, until our united prayers may be presented to the General Court, and we receive an answer, as a person is gone for that purpose. If this request may be complied with, government shall meet with no interruption from the people, but let each army occupy the post where they now are. . " DANIEL SHAYS, Captain:' On the next day, three of the insurgent leaders came to Head Quarters with the following letter. 121 " The Honourable General Lincoln. '' Sir, *' As the ofliccrs of tlic people, now convened in defence of their rights and privileges, have sent a petition to the General Court, for the sole pur- pose of accommodating our present unhappy af- fairs, we justly expect that hostilities may cease on both sides, until ^vc have a return from our legislature. " Your Honour will therefore be pleased to give us an answer. *' Per order of the committee for reconciliation. "FRANCIS STONE, Chairman. " DANIEL SHAYS, Captain. "ADAM WHEELER. ^^ Pelham, Januarij 31, 1787." To this the following Answer was sent. '■^ Hadley, January 31^^, 1787. " CENTLEI^IEN, " YOUR request is totally inadmissible, as no powers are delegated to me which would justify a delay of my operations. Hostilities I have not com- menced, 16 122 " I have again to warn the people in arms a- gainst government, immediately to disband, as they would avoid the ill consequences which may en- sue, should they be inattentive to this caution. "B. LINCOLN. " To Francis Stone, Daniel Shays, Adam Wheeler." These communications on the part of the in- surgents, were backed by committees from disaf- fected towns, who began to lose confidence in the strength of their party, and therefore thought it time to attempt an accommodation. This they carried on conveniently enough, under the pre- tence of preventing the effusion of blood, without betraying the true motives of their application. The answer which was given them, though pro- bably not very consonant to their feelings, could not have been without its effects. They were advised to exert their abilities, to vi^ithdraw the men belonging to their several towns, from the body of the insurgents, which would effectually secure them from harm, and destroy the unlawful combination, that alone had endangered the lives of the people on either side. 123 Diirini^ these ncj^otiations between the ami} and the insurp;ents, the time arrived for the as- sembHni^ of the lej^ishiture. But such was the general confusion of aftliirs throughout the stiite, that a suflicient number of representatives could not be collected until the third of February, which was the fourth day after the time of ad- journment. The Court then acquainted the Gov- crnour, that they \verc prepared to receive his communications, and he addressed them by a speech from the chair, which contained a retro- spective account of the malcontents, as to their views and proceedings, and of the measures which the government had adopted to oppose them. Vigour and energy were strongly recommended, as the proper means of crushing so unprovoked an insurrection, while a want of them might draw on the evils of a civil war. A reimbursement of the monies borrowed for raising the militia, was also advised, with an adequate provision for de- fraying the general expense of the campaign, and several secondary measures for the same purpose. Affairs had been brought to such a cr»Is, that there was no room left for the legislature to \\'aver in their opinions, or to delay their measures. The whole community were in an alarm, and the ap- peal to the sword was actually made. One army 124 or the other was to be supported, and there could be no hesitation in the mind of any reasonable man, which it ought to be. On the next day, therefore, a declaration of Rebellion was unani- mously passed in the Senate, and concurred by the lower House. This however was accompa- nied by a resolve, approving of General Lincoln's offer of clemency to the privates among the insur- gents, and empowering the Governour in the name of the General Court to promise a pardon, under such disqualifications, as should afterwards be provided, to all privates and noncommissioned of- ficers, that were in arms against the Common- wealth, unless excepted by the general officer com- manding the troops, upon condition of their sur- rendering their arms, and taking and subscribing the oath of allegiance, within a time to be prescrib- ed by the Governour. On the same day, an answer was also sent to the Governour's speech. In this the Court informed his Excellency of their entire satisfaction, in the measures which he had been pleased to take for subduing a turbulent spirit, that had too long in- sulted the Government of the Commonwealth ; and congratulated him on the success which had attended them. They earnestly intreated him still to continue them, with such further consti- 125 tutional measures, as lie mi^ht think ncccssar}, to extirpate the spirit of rebellion ; for the better enabling of him to do wiiich, they thought it ne- cessary to deelarc that a rebellion existed. They assured him of the most effectual measures being used, for paying the army, and reimbursing the monies which had been generously advanced for their support. They accorded "vvith the Gov- emour, in his idea of the propriety of vigorous measures ; and requested him, in case the num- bers of the militia who were inlistcd should be too small, or the time for which they were to serve, too short, that he would increase them, and continue them in service, initil the objects in view should be completely accomplished. They subjoined, that they would vigorously pursue every measure, which would be calculated to support the constitution, and would continue to redress any real grievances, if such should be found to exist. Agreeably to the assurances contained in this address, the legislature passed an act, for appro- priating 40,000/. of the impost and excise duties, for reimbursing the loan of monies, borrowed for suppressing the rebellion : And they unanimous- ly passed a resolve, approving of the spirited con- duct of General Shepard, and the militia of his 126 division, in their defence of the arsenal at Spring- field, against the attack of the insurgents. The accounts of the numbers, resources and objects of the malcontents continued to be ex- ceedingly variant ; and from the measures of government, it is probable, that their real strength differed greatly at different times. When they were dispersed at Springfield, such w^as the hope- less prospect before them, that 2000 militia who were marching to aid the army, were discharged by the commanding officer, as we have mentioned, for want of employment. But upon their taking post at Pelham, their importance increased to such a degree, as to produce a further requisition for men, and the Governour accordingly issued his orders, for 2600 of the militia in the middle counties, to take the field. The petition mentioned in the letter from Shays and his associates, at Pelham, was in fact presented to the legislature, and was conceived in the follow- ing terms. *' Commonwealth of Massachusetts. *' To the Honourable the Senate, and the Honourable House of Representatives, in General Court assembled at their next Session. 127 "^'/ Petition of the Officers of the counties of JForcester, Hampshire^ MuldleseXy arid Berk- shire^ noxu at arinSj " HUMBLY SHEWETII, " That your petitioners being sensible that we have been in an error, in havini^ recourse to arms, and not seeking redress in a constitutional way ; we therefore heartily pray your honours, to over- look our failing, in respect to our rising in arms, as your honours must be sensible, we had great cause of uneasiness, as will appear by your re- dressing many grievances, the last session ; yet we declare, that it is our hearts' desire, that good government may be kept up in a constitutional way ; and as it appears to us, that the time is near approaching, when much human blood will be spilt, unless a reconciliation can immediately take place, which scene strikes us with horror, let the foundation cause be where it may : " We therefore solemnly promise, that we will lay down our arms, and repair to our respective homes, in a peaceable and quiet manner, and so remain, provided your honours will grant to your petitioners, and all those of our brethren who have hud recourse to arms, or otherwise aided or assisted in our cause, a general pardon for their 128 past offences. — All which we humbly submit to the wisdom, candour and benevolence of your honours, as we in duty bound shall ever pray. " FRANCIS STONE, Chairman of the committee for the above counties, " Read and accepted by the officers. " Pelham, January 30, 1787." By this petition it appears, that the insurgent officers intended to open a treaty, and to avail themselves of the force which they had collected, amounting by general computation to 2000 men, for the purpose of obtaining advantageous terms. And it became a prevailing sentiment, that a re- gard for the safety of their leaders, some of whom had been partly compelled to accept of their ap- pointments, held the armed body together at Pelham. But the court, whose decision upon this petition was not concluded till the 8th of Febru- ary, did not seem inclined to encourage such a treaty ; as appears from the following proceedings. "A Paper called a petition from the officers of the counties of Worcester, Hampshire, Middle- sex and Berkshire, now at arms, and signed by Francis Stone, chairman of the committee from ]29 the abo\c counties, and addressed to the General Court, was read : " Whciifcupon Voted, That the said paper can- not be sustained : " I'lrsf, Because those concerned therein, open- ly avow themselves to be at arms, and in a state of hostility against the government ; and for this reason alone, the said paper would be unsus- tainable, even if the tenour of the application had discovered a spirit suitable to the object of it. " Secondly, Because it docs not appear, what officers, or how many are represented in the said paper, or that the said Stone had authority from any officers whatever, to make the application by him subscribed. " Thirdly, Because the applicants, although they call themselves petitioners, and acknowledge an " error," yet consider that error only as " a failing," and attempt, at least, in part, to justify themselves therein. *' Fourthly, The said applicants appear to view themselves on equal, if not better standing than the legislature, by proposing " a reconciliation." " Fifthly, They appear to threaten the authority and government of the Commonwealth, with great effusion of blood, unless this "reconciliation" can immediately take place. '^^ 17 130 " Sixthly, They implicitly declare their deter- mination to continue in arms, unless all who now are, and who have been in a state of open war with the government, including those who have been apprehended, and are now in custody, as well as all others who have any way aided or assisted in their cause, can have another full pardon granted for all offences, in addition to that which they have so lately despised. " Seventhly, If the paper presented had been a proper petition, subscribed by the persons who desire a pardon, and expressive of a due sense of their crime, with proper resolutions of amend- ment, yet their engagements could not be de- pended on, as their cause has been supported by a multitude of falsehoods ; and as no engage- ments can be more solemn than those made by the leaders of the rebels in the county of Middle- sex, on the week before the Judicial Courts sat last in the said county, that they would not take any measures to obstruct the sitting of the said Courts ; which engagements were so far regarded, as to induce the commander in chief, to write counter orders to a considerable part of the militia, whom he had ordered to be detached ; and yet those en- gagements were on the next day violated." The insurgents, however, did not wait at Pel- , ham for the result of their petition to the legisla- 131 turc. One of their leaders requested a private conference with an oflicer of the army, upon the pretended subject of a promise of pardon to all the principals of his party. This was granted ; and took place on the 3d of February. But, ^\hile the conference was holding, and while the atten- tion of the army was attracted by it, the insurgents withdrew themselves from Pelham, and marched to Petersham. Whether this was occasioned by their post being reconnoitred the preceding day, or by a wish of being situated more advantage- ously for a supply of provisions, and a communi- cation wiUi their friends, is uncertain. Their movement was remarkable, for its being the last time they appeared in any considerable force ; and for its having given rise to one of the most inde- fatigable marches, that ever was performed in America, Information of the enemy's being in motion, w'as brought to General Lincoln, at Hadley, at twelve o'clock the same day on which it happen- ed. But it was then supposed, to have been on- ly a removal from the west to the east hill in Pel- ham, Orders however, were issued for the army to be in readiness to march, with three days pro- visions, at a moment's warning. At six o'clock undoubted intelligence was received, that the in- 132 surgeiits had really left their post, and gone east- ward. In two hours from this, the army pro- ceeded after them. Nothing more than the usual inclemency of the season opposed their march until two o'clock in the morning, by which time they had advanced as far as New- Salem. Here a violent north wind arose, and sharpened the cold to an extreme degree ; a snow storm accom- panied, which filled the paths ; the route of the army lying over high land, exposed the soldiers to the full effects of these circumstances, while on their way ; and, the country being thinly set- tled, did not afford a covering for them within the distance of eight miles. Being thus deprived of shelter by the want of buildings, and of re- freshments — by the intenseness of the cold, which prevented their taking any in the road, their only safety lay in closely pursuing a march, which was to terminate at the quarters of the enemy. They therefore advanced the whole distance of thirty miles, subject to all these inclemencies, without halting for any length of time. Their front reach- ed Petersham by nine o'clock in the morning, their rear being five miles distant. It has been thought by some, that in this state of the troops under government, had the insur- gents possessed any considerable degree of vigil ance or discipline, they might have given them a severe check, if not a total defeat. These seeming advantages arose from unforeseen circumstances, and from causes which no human power could control. The opposcrs of government had, at this moment, all the advantages which they could ever expect to enjoy. Their men had been lodg- ed in w:u-m houses, and were capable of entering into action with alertness, whilst their pursuers were suft'ering exceedingly from the cold, and were greatly worn down with fatigue. The general however, advanced with the utmost conlidence of success, being well acquainted with every inch of ground he had to tread in his approach to the town ; and ha\ ing his flanks covered from any sudden impression, by a \ery deep snow, so crust- ed as nearly to bear a man. He knew therefore that he could not be anno} ed, but in front, in a very narrow sled path, which, having a part of his artillery advanced, he could command to a very great distance. If the insurgents possessed advantages, they were lost by an idea of their own security, from w hieh they were first awakened by an advanced guard led into the town by Colonel Haskell. A company of artillery with two pieces of cannon immediately followed, and the whole body of the army was brought up as e:irly as pos- sible. Nothing seemed to be more foreign from 134 the expectations of the insurgents, than a pursuit through so many difficulties, and in so short a time. The surprise was therefore complete, and they instantly evacuated the houses, thronging into a back road which leads towards Athol. Through this they quitted the town in great con- fusion, scarcely firing a gun. They were pursued about two miles, and one hundred and fifty of them were taken prisoners. Many retired to their own homes, and the rest, including all their prin- cipal officers, fled into the states of New- Hamp- shire, New- York and Vermont. The privates among the prisoners, after being disarmed, and taking the oath of allegiance, received passports to return to their several homes. The news of the arrival of the army at Peters- ham, and of their success in dispersing the insur- gents, reached the court by a message from the Governour, on the 6th of February. It gave great support to the friends of the government, who were, after this, no longer doubtful of the sense and determination of the people to maintain the publick cause. But notwithstanding the dis- abled situation of the Ynaleontents, the court, at first, did not incline to countermand the orders for raising the 2600 men ; judging it the most certain means of preventing bloodshed, to appear with a 135 decided superiority of force. These orders, liow- ever, were necessarily superceded, upon furtlier information from the army, wliich induced the two Houses, on the 8th of February, to rcsohe that a number of men not exceeding 1500, should be inlisted to serve for four months, unless sooner discharged. And they, at the same time, request- ed the Governour to issue a proclamation, offer- ing a reward not exceeding 150/. for apprehend- ing either of the leaders in the rebellion, and to write to the Governours of other states, to request them to issue similar proclamations for the same purpose. The legislature also, in their answer to the Governour, expressed the high sense which they entertained of the ardour and zeal of General Lincoln, and the army under his command, in performing the march from Hadley to Petersham, "M ith only a momentary halt, and in repelling the rebels ; and desired that it might be communi- cated to them. The routing of the insurgents at Petersham, changed the mode of their carrying on their con- test. After this, it was in vain for them to at- tempt an opposition to the army, by a collected force. They therefore determined to harass the inhabitants in small parties by surprise. This mode of offence was attended with rancour, rob- 136 bery and murder. The evils of war had before been gathered and confined to one spot ; but they were, by these means, scattered through the Avhole western part of the state. The disqualifications which were to be the con- ditions of indemnity to the rebels, could not be brought to a conclusion, until the 16th of Febru- ary. A subject so new and unassayed in Massa- chusetts, as that of disfranchising the citizens, was necessarily attended with many perplexities. This was the point at which the future character of the offenders, and of their cause, was to be fixed in the publick opinion. The effect of their punish- ment greatly depended upon the assent of man- kind to the justice of it ; and this was to be ob- tained, only by the exactest proportion between the penalty and the crime. It was easy to foresee, that if the former exceeded the most moderate limits, numbers, instead of being deterred at the fate of the culprits, would forget or excuse their crimes, and become advocates for them, as the oppressed victims of power. To punish in such a case, was truly a critical task ; and delay was the least inconvenience which could happen, in settling a measure, that scarce any length of time would have been mispent in considering. The substance of these conditions, which extended 137 only to noncommissioned officers and privates, linal- ly was, that the oflbndcrs, having- laid down their arms, and taken the oath of allegiance to the Commonwealth, should keep the peace for three years ; and during that term, should not serve as jurors, be eligible to any town office, or any oth- er office under die government ; should not hold or exercise the employments of schoolmasters, innkeepers, or retailers of spirituous liquours, or give their votes, during the same term of time, for any officer civil or militarj', within the Common- wealth ; Unless they should, after the first day of May, A. D. 1788, exhibit plenary evidence of their having returned to their allegiance and kept the peace, and of their possessing an unequivocal attachment to the government, as should appear to the General Court, a sufficient ground, to dis- charge them from all or any of these disqualifica- tions. The Governour was empowered to dispense with the whole, or any part of these conditions of indemnity, to all such privates as, haA'ing borne arms against the go\'ernment, voluntarily took up arms in its support, previously to the first of February ; and to such as, agreeably to the pro- posals of General Lincoln of the 29th and 30th of January, voluntarily came in, surrendered their 18 138 arms, and took and subscribed the oath of allegi- ance, within three days. The persons absolutely excepted from the indemnity, were included in the following descriptions. — Such as were not citizens of the state ; such as had been members of any General Court in the state, or of any state or county convention, or had been employed in any commissioned office, civil or military ; such as, after delivering up their arms, and taking the oath of allegiance during the rebellion, had again taken and borne arms against the government ; such as had fired upon, or wounded any of the loyal subjects of the Commonwealth ; such as had acted as committees, counsellors, or advisers to the rebels ; and such as, in former years, had been in arms against the government, in the capacity of commissioned officers, and were afterwards par- doned, and had been concerned in the rebellion. The unanimity which had prevailed in the Gen- eral Court during the session, was interrupted at the passing of this law. The friends to lenient measures, by this time, began again to advance their sentiments. Petitions from more than twen- ty towns had appeared, to request the liberation of the state prisoners, and, in some instances, the recal of the state's army, under the humane idea of preventing the shedding of blood. This party 139 therefore, took the present opportunity, to inter- cede lor persons whom the} could not justify ; and to mitigate a punishment, which the crimin- al perserverance of the rei)els had made it impos- sible further to delay or avoid. It was urj^ed, that the i^^overnment was put beyond danj^er ; and to pursue the pubiiek enemy further than the publick safety directed, was for them to discover passion and resentment, which no government ought to entertain. That the sooner a spirit of conciliation was introduced among individual citizens, who, from taking different sides, had be- come either elated with success, or mortified from the want of it, the sooner f)ublick tranquillity would be restored, and the government be estab- lished in the affections of the people. That, to effect this great end, caution also should be used not to render those persons desperate, who had been led into the rebellion from misinformation and ignorance, A\hich was the misfortune of a large number of honest and substantial citizens. That odious distinctions would have this unhap- py effect, and the best characters might be shut out, rather than submit to terms, which they should think beyond their crimes ; while bad men, who would comply m ith them only in appearance, might avail themselves of such terms to the injur}- of the CommcuiM'calth. That the rebellion, how- 140 ever unjustifiable, had in fact engaged large num- bers on its side, and good policy evidently direct- ed, rather to recal them to the bosom of their country, than to weaken the state by their final expulsion. In answer to these arguments, the magnitude of the crime, and the nature of the dis- qualifications, were urged. Some test, it was said, ought evidently to be required of persons who had taken the last means of resisting the gov- ernment, and overturning the constitution : And, whenever repentance appeared, means were pro- vided for the total exculpation of the ofienders, after the expiration of a very few months. The advocates for the insurgents had so often pledged themselves for their reformation, on con- dition of lenient measures being adopted; and these had so often failed of effecting this desirable purpose, that their observations were at length less attended to than usual, and possibly less than they deserved. And it was unfortunate to their influ- ence, that, in this instance^ as had before been the case, the conduct of the rebels flatly contradicted every argument which they could raise in their favour. While the disqualifying bill was under debate in the lower house, and at the moment a respectable member of the minority was endeav- ouring to soften the conditions, letters were re- 141 ccived from General Lincoln, who, by that time, had proceeded into the county of Berkshire, stating the obstinac}- and malignant conduct of the rebels in such a manner, as literally to shut his mouth : And tlic bill was carried. The rebels having fled in various directions, when the army arrived at Petersham, the General, after dismissing three companies of artillery, and ordering two regiments to Worcester, directed his attention towards Northficld, in the neighbour- hood of which place, many of the fugitives had taken shelter. But, an express arrived from Ma- jor General John Patterson, the commander of the militia in Berkshire, which occasioned an al- teration in his plan. While the army were on their march, the insurgents in that county who had not join- ed their main body under Daniel Shays, en- deavoured to support their cause, and distract the attention of government, by appearing under arms in their own neighbourhood. The friends to good order also, were not inactive upon the occasion. It was conjectured by them, that the malcontents, from a want of resources, would be dispersed by the army under General Lificoln ; imd, in that case, they supposed it more than 142 probable, that Shays would seize on the heights which lie between the counties of Hampshire and Berkshire, where strong posts were to be found, and the passes easily defended ; and, thus situated, would draw the means of his subsistence, from the towns well affected to government, which abound- ed in plenty ; securing also, perhaps, the most im- portant characters as hostages. They therefore, voluntarily associated to the number of about 500, for the defence of themselves, and of the publick cause. In this body, most of the re- spectable inhabitants of the county were to be found, and men of the first importance submitted to the duty of the ranks. The insurgents began to assemble at West Stockbridge, under one Hub- bard, who posted himself at the meeting of three roads, for the convenience probably, of collecting men. Here he drew together about 150 or 200 of the disaffected. It was conceived to be abso- lutely necessary, to disperse this party, before their numbers should grow more respectable. The whole body of the friends to government were ordered to march for this purpose, in several di- rections which the roads naturally pointed out, and which would enable them to surround the enemy. On the approach of an advanced party, consisting only of thirty-seven infantry, and seven gentlemen on horseback, they ^vere fired upon by 143 Hubbard's sentries ; and the wliolc of his men were instantly put into good order, and com- manded to iirc. But, sueh was the cflect of their situation upon their minds, that they staggered apparently. Timely advantage was taken of their panick : A gentleman* whom they well knew, rode up to their front, and directed them to lay down their arms, \\ hieh many of them complied with, whilst others fled. A firing took place be- tween scattering parties on both sides, by ^v•hich two of the insurgents were wounded. P^ighty- four of them, among whom was Hubbard himself, Avere made prisoners ; and most of these, after be- ing disarmed, were admitted to the oath of allegi- ance, and sent home. The express informed, that the insurgents had afterwards collected, in the town of Adams ; but, upon General Patter- son's approach, they separated, with an intention of collecting again at Williamstown. Here also, upon his appearing, they were again scattered. That there seemed, nevertheless, such a disposi- tion in the insurgents to embody, in order to pre- vent the sitting of the courts, and such numbers were actually upon their march towards A\ ash- ington, under the direction of a Major W^ilcy, as * The Hon. Theodore Sedgwick, Esq. one of the pi*cscnt Judi^es of the Superior Court — 1810. 144 made his situation unsafe, and he earnestly re- quested assistance from the main army. Upon this information, General Lincoln direct- ed his march immediately for the county of Berk- shire, passing through the towns of Amherst, Hadley, Chesterfield, Partridgefield and Worthing- ton, into Pittsfield ; while another division of the army under General Shepard, marched to the same place, by a different rout. But before their ar- rival there, an adjustment took place between the insurgents, who had collected about two hundred and fifty men in the town of Lee, in order to stop the courts, and the militia, who mustered to the number of about three hundred, with a deter- mination to protect them. The substance of the agreement was, that the insurgents should dis- perse, and that the commander of the militia should, in case they were pursued by government, use his personal endeavours, to have them tried within their own county. When the army arrived at Pittsfield, a party were immediately detached in sleighs, under the command of the Adjutant General, to the town of Dahon, in pursuit of Wiley; and another under the command of Captain Francis, on a similar un- dertaking to Williamstown. Both of them return- 145 ed on the next day. The first party took six prisoners, amoni^ whom was Wiley's son; Wiley himself having made his eseape. The other par- ty took fonrteen prisoners, after meeting with some resistance, in which one of their men was wounded. W^hile the army were marching through the country, and bearing down all opposition before them, a spirit of uneasiness frequently broke out in their rear. In the county of Worcester, where Major General Jonathan Warner was in command, a number of the insurgents assembled at New- Braintree, making prisoners of travellers, and in- sulting the friends of government. Upon in- formation of this, on the 2d of February, a party of about one hundred and fifty in sleighs, and twenty on horseback, were dispatched from Wor- cester, to disperse them. On the approach of this force, the insurgents went some distance from their quarcers, and secreted themselves behind the stone walls : Hence they fired upon the militia, and immediately fled to the woods. Two per- sons were badly wounded by their fire, but the party pursued their course to a house, where the main body of the insurgents were supposed to have been lodged. Upon their arrival here, how- ever, they were greatly disappointed, in finding 19 14G only a few of the enemy, who had been placed as a guard over dieir prisoners ; the rest having ef- fected their escape. They therefore proceeded to Rutland, and returned the next day, with four of the insurgents whom they had captured. The effects which the defeat of the malcontents had impressed upon the minds, and which they wished to communicate to their friends, who had tarried behind, were remarkably discovered by the following letter, which was transmitted into the state, as it is said, by one of their leaders. '■^ Berkshire y February 15, 1787. "friends and fellow sufferers, " Will you now tamely suffer your arms to be taken from you, your estates to be confiscated, and even swear to support a constitution and form of government, and likewise a code of laws, which common sense and your consciences de- clare to be iniquitous and cruel ? And can you bear to see and hear of the yeomanry of this Com- monwealth being parched, and cut to pieces by the cruel and merciless tools of tyrannical power, and not resent it even unto relentless bloodshed ? Would to God, I had the tongue of a ready wri- ter, that I might impress oayour minds the idea of the obligation you, as citizens of a republican 147 government, rj-c inukr to support those rights and privikgcs that the God of nature hath entitled vou to. Let nie now persuade you, by all die sacred ties of friendship, which natural afTectioii inspires the human heart with, immediately to turn out and assert your i ights. " The first step that I would recommend, is to destroy Shcpard's army, then proceed to the coun- ty of Berkshire, as we are now collecting at New- Lebanon, in York state, and Pownal, in Vermont state, ^\ ith a determination to carry our point, if fire, blood and carnage will effect it : Therefore, we beg that e^ery friend will immediately pro- ceed to the county of Berkshire, and help us to Burgoyne Lincoln and his army. I beg this may immediately circulate through } our county. " I am, gentlemen, in behalf of myself and other officers, *' Your humble servant, "ELI PARSONS." On the 16th of February, General Shepard de- tached a party of horse from Northfield, under the command of Captain Samuel Buffington, for the purpose apprehending certain insurgents, who had fled to Vermont. Upon their arrival, within 148 that government, although they procured a war- rant from a magistrate, to apprehend the objects of their search, yet the people assembled in such numbers, and evidenced such a hostile disposition towards them that they were obliged to relinquish their pursuit, and return to Massachusetts. They however, in the evening, sent a small number from their body, among whom was Mr. Jacob Walker, to secure one Jason Parmenter, who had acted as a Captain with the insurgents. Unfortunately for Walker, they soon overtook the person whom they were sent after, accompanied in his flight by sev- eral others. The sleighs of the opposite parties, unexpectedly run upon each other ; and, on Par- menter's hailing, and receiving no answer, he or- dered his men to fire ; but mischief was prevent- ed, by their guns not going off. Parmenter and Walker then raised their pieces together and fired. The latter was shot through the body, and died in half an hour. The survivor and his associates, escaped by the help of the woods and a deep snow, into Vermont, where however, they were all taken the next day, by a body of infantry, de- tached from the militia by Captain Buffington : And Parmenter was afterwards tried, and convict- ed of treason. The period for which the militia were detach- ed, having expired on the twenty-first of Februarj^, 149 and the troops under the new enlistment not hav- ing arrived in any great numbers, the rebels de- termined to embrace so favorable an opportu- nity of making an incursion into the state, as well for the purpose of plunder, as of taking several respectable characters, and among others, General Lincoln himself. Their prospect upon this occa- sion was such, as might have almost insured suc- cess, had their motions been properly timed : For, in the exchanging of the militia, the General was once left widi only about thirty men. But, from misinformation, or some other cause, this moment, so auspicious to their views, was neglected. On the 26th of the month however, a large body of them under a Capt. Hamlin, entered the county of Berkshire, from the state of New- York, and pro- ceeded to the town of Stockbridge. This they pillaged at pleasure, and made prisoners of a great number of the most reputable inhabitants. The militia of Sheffield were collected upon the first information of this event, and were joined by those of Great- Barrington about one o'clock on the 27th. The whole, making eighty, were com- manded by Col. John Ashley, jun. and after marching in several directions, to meet the ene- my, they finally returned to Sheffield, and came up with them there. The severest engagement took place at this time, that happened during the con- test. The rebels began a scattering fire at a dis- 150 taiice ; whereupon the militia advanced rapidly towards them, and the action became general. It was warmly supported by both sides, for the space of about six minutes, during which time many of the government's troops discharged that number of rounds. The rebels then gave way, and fled in various directions. They left two dead near the place of action, and upwards of thirty of them were wounded, among whom was Ham- lin, their Captain. Another party of militia arriving immediately after the skirmish, ena- bled the conquerors to take more than fifty of the enemy prisoners. The loss on the side of the militia, consisted of only two men killed and one wounded. Of the former, one was a prisoner with the rebels before the action,' and probably met with his fate from the fire of his friends, by a barbarous practice which his captors adopted, of putting their prisoners in the front, as w^ell to check the ardour of the militia, from a sense of their danger, as to screen themselves. But in addition to this loss, ought to be reckon- ed, that of two amiable young men and intimate friends, whose habits of body were unequal to enduring the fatigue of the rapid march which this party performed, and who, after languishing under the effects of their exertions, died with pe- culiar marks of sympathetick grief for each other. The lodgment which the rebels cfi'ectcd in the neighbouring states, after their expulsion from Petersham, besides exposing the Commonwealth to a predatory war, which no force could prevent, was attended with another \'ery serious evil. By their communication with the inhabitants, they diffused their principles, and created a partiality for their cause, which was said, in one state, to have reached the government itself. An inattcn- tion to authority, and a lurking disposition to en- force popular plans by insurrections, had appear- ed in several parts of the continent, and there was great room to fear, that a less operative cause than the emigration of so many incendiaries, might light up the passion, and throw the whole union into a flame. Aware of this, as well as of the impossibility of conquering a party who could, at any time, secure a retreat in other teritories, the General Court early requested the Governour, to \mte to the Governours of the neighbouring states, to offer a reward tor apprehending the reb- els, and to take measures for preventing their re- ceiving any supplies. But, from one cause and another, though his Excellency's letters were re- peatedly sent to urge this subject, effectual meas- ures w ere no so readily adopted by all the states adjoining, as the legislature seemed to exi:>ect. 152 Tlie answer from the Govcniour of Rhode- Island, on the 15th of February, was indeed the first, in point of time, though it can hardly be call- ed so, in respect to the prospect which it held up, of efficacious measures being adopted by that state, for suppressing the rebellion. However, after some general observations on the difficulty of cur- ing evils in the body politick, he concluded, that he would strictly adhere to the Governour's re- quest, and do every thing in his power to co- operate with him, in supporting peace, order and good government. But the authority of Rhode- Island was far from taking steps to secure the fugi- tives from justice, who publickly resorted there. When a motion was made in their assembly, (upon the act of Massachusetts for apprehending the principals of the rebellion being read) that a law should be passed, requesting the Govemour to issue a proclamation also for apprehending them, if within that state, it was lost b}' a great majority : And one of the very refugees was al- lowed a seat within their chamber. The Govemour of Connecticut, in his answer of the 20th of the same month, was much more direct and decisive in his assurances of assistance. He informed the Governour of the Common- wealth, that if the rebels should seek an asylum 15.1 in Connecticut, tlicy would be immediately appre- hended, and delivered up ; and, in case of their rc-assembling, they would be effectually prevented fi-om receiving supplies, as the inhabitants of his government viewed the rebels with a strong de- gree of aversion. In addition to this, he issued a proclamation, offering a reward for apprehending the rebel leaders, as requested by the Governour of Massachusetts ; and, in the month of May fol- lowing, the assembly of Connecticut, upon infor- mation that certain persons were attempting to excite their inhabitants to join the insurgents, pas- sed a resolution for apprehending them, and even calling out the militia, if necessary, to prevent the execution of their evil purposes. This measure was attended with success, as the incendiaries were, in fact, apprehended and confined. The government of New-Hampshire, where the legislature were now sitting, pursued every meas- ure, which it was thought the powers vested in the President and Council would authorize. They did not think proper, to admit armed par- ties from another state into that ; but the ex- isting laws permitted civil officers of other states, to pursue offenders there, and by application to a magistrate, to ha\ e them apprehended and sent into the state having jurisdiction of the offence. 20 154. They, therefore, directed a Major General, to se- cure all armed parties who might come into their state ; and a proclamation was issued by their President, agreeably to the request of the Gov- ernour of the Commonwealth. No answers having been received from the Governours of New- York or Vermont, the General Court, after the incursion into Stockbridge, re- quested the Governour, on the 8th of March, to write again to the Governour of New-York by ex- press, urging him in pressing terms, that effectual measures might be taken for apprehending such of the rebels as had fled and taken refuge there, and removing them to Massachusetts, agreeably to the articles of confederation, which declared, that the United States thereby entered into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general welfare ; binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. And, that if any person guilty of, or chargeable with treason, fel- ony, or high misdemeanour in any state, should, flee from justice, and be found in any of the United States, he should, upon demand of the 155 Govcrnour, or executive power of the state from ^vhieh he fled, he cleli\ered up, and removed to the state havii^u; jurisdiction of the offence. And further recjuesting, that the Governour of New- York would permit the forces of the Common- wealth to march within the limits of his jurisdic- tion, when necessary ; and that all officers and citizens of that state might be directed to afford them aid, and prohibited assisting the rebels. But before these proceedings respecting the government of New- York took place, measures had been pursued from another quarter, though unknown to the General Court, for effecting the same object. After the engagement at Sheffield, General Lincoln dispatched an express to the Gov- ernour of that state, representing the continuance and support of the rebels within one district of it, and giving information of the incursion which took place on the 26th. Upon this commu- nication being laid before the legislature, they resolved to recommend it to the Governour, to repair as soon as possible to the place where the insurgents should be, and to cull out such military force from the militia of New- York, and to take command of any militia that might arrive from Massachusetts, and pursue all other legal measures he might deem necessary, for apprehending such 156 of the insurgfents as might be found within their state, and for preserving the peace against their designs. And they further signified their consent to the Governour's absenting himself from the state, from time to time, as exigencies might re- quire. Immediately upon this resolution being passed, the Governour proceeded to execute the design therein expressed. General orders were issued, by which a brigade and three regiments of the militia, were directed to hold themselves in readiness to march at a moment's warning, and reasons drawn from the constitutional and federal principles, were urged with propriety and force, to induce a prompt obedience in the militia, to his commands. After an interview with General Lincoln, he went on, accompanied by that com- mander, to New- Concord, where a number of his officers were assembled to meet him. Those of the civil department were directed to call on the militia of New- York, or on the military officers of Massachusetts, for such force as might be neces- sary, in apprehending or dispersing the insurgents. These decisive measures obliged the malcontents to flee out of the state of New- York, and to betake diemselves to their last resort in Vermont. With respect to that government, the legislature had been officiallv informed, That on the 13th of 157 Fcbruar)', General Lincoln dispatched Royal Tyler, Esq. one of his Aids-de-camp, to request their assistance in apprehending the rebel ringleaders : That upon his communicating his instructions and request in writing, the subject of them was put in committee, and a report made for request- ing their Governour to issue his proclamation, enjoining it upon their citizens, not to harbour tlie leaders or abettors of the rebels : That this report was accepted by their lower House, and sent up to their Council, where there also appear- ed eight or nine assistants in favour of it : That it would of course, have passed there, but for the Governour's objections, which were at first found- ed upon his not having given the subject a proper consideration, but were afterwards bottomed up- on more serious principles : — These were said to have been raised from the impolicy of issuing a proclamation, which might impede the emigra- tion of subjects from other states into that ; and the imprudence of opposing the sense of their people, who began to assemble in arms, in a neighbouring town, and who might create an in- surrection, and surround the legislature, unless the report was dismissed : That there being no pros- pect of Mr. Tyler's effecting the object of his re- quest, and the letters from the Governour of Mas- sachusetts having arrived, he depLUtcd, with strong 158 apprehensions, that the majority of the people ia Vermont, were for affording protection to the rebels, and that no immediate or effectual aid would be granted, in consequence of either. The General Court therefore, on the same day, re- quested the Governour to write again to the Governour of that state also, representing the re- ligious and political obligations neighbouring states were under, to prevent fugitives from jus- tice harbouring themselves within their respective territories ; reminding the government of Vermont of the liberal principles on which Massachusetts had conducted towards them, and of her unwil- lingness to entertain a doubt of a different con- duct on their part ; informing them of the general notoriety, that a number of the leaders, and others concerned in the rebellion, had taken shelter, and received succour among their citizens, whereby not only the inhabitants of Massachusetts, but the government of Vermont, was in danger ; that this had been represented to them in a friendly letter from his Excellency, and although no answer was received, yet that the Court conceived, that they had a right to expect a ready and full complience with the request therein expressed. And further requesting the Governour of Vermont, to deliver up the rebels who had taken refuge within his limits, or to permit the forces of Massachusetts to 159 enter those limits, for the purpose of apprehend- ing them, and to direct all officers of Vermont, to aid them in that purpose. Previously however to the passins^ of this spirited resolution, the Governour of Vermont is- sued his proclamation of the 27th of February, and afterwards communicated the same to the Governour of Massachusetts, in a letter, containing friendly assurances of co-operation in measures, for eflectually checking so daring and dangerous an evil, as the intestine faction which then prevailed. The legislature of Pensylvania, the President of which state was also included in the Govern- our's letters, shewed a generous compliance \\ ith his Excellency's request. On the 1st of March they made an addition to the reward ofi'ercd by Massachusetts, for apprehending the leaders of the rebellion, if taken within their state. Their reso- lution was commimicatcd by their President, in a congratulatory letter upon the success of the measures adopted for preserving a constitution, which he was pleased to denominate one of the best in the union, if not in the world. The General Court also empowered the Go\ - ernour, on the 8lh of March, in conformity with 160 the constitution, to march the militia raised for subduing the rebellion out of the limits of the Commonwealth, into the bounds of any of the states adjacent, if he should think it necessary for that purpose. In addition to a former request to the Governour, to write to Congress, to inform them that a rebellion existed in the Common- wealth, and to request that they would take meas- ures for defending the arsenal at Springfield, in order that the troops there might be employed in other service; they further desired his Excellency, to request of Congress, that the federal troops raised in New- York and the states eastward of it, might be directed, to afford their aid, in appre- hending, and, if necessary, in destroying the reb- els, in any place within the limits of the United States. And that Congress would give to Gen- eral Lincoln a commission, under the authority of the United States, to march the forces of Massa- chusetts into any territory, within the states, for the purpose of apprehending their leaders, and bring them to justice. As soon as the insurgents were subdued within the state, and measures taken for precluding them a toleration in the neighbouring governments, the General Court found it a suitable time for pro- viding for the trials of such as were in custody. 161 For this purpose, on the 26th of Fchruar)-, the Supreme Judicial Court was directed, by law, to hold a special session in the disaffected counties of Berkshire, Hampshire and Middlesex, the stand- ing- laws providing for their sitting in Worcester on the last Tuesday in April. And in order that the trials should be made by disinterested and unprejudiced juries, a law was also passed, recit- ing, that whereas the pardon to the rebels was granted on condition, that the persons concerned should not serve as jurors for three years; and whereas it was reasonable to provide, as far as might be, not only for the due administration of justice, but also for the relief of such persons as had been concerned in the rebellion, and who, though unwilling to declare themselves criminal, might wish to avail themselves of the pardon which was, or might be promised : Therefore, it it was enacted, that the selectmen of the several towns, to which venires should be issued for ju- rors within one year, should withdraw from the jury boxes the names of all such persons as they might judge had been guilty of favouring the re- bellion, or of giving aid or support thereto, prior to their drawing out the names of the jurors that might be called for by the venires. Provided however, that if such persons should make ap- plication to the town to restore their names to 21 162 the jury box, and could obtain a vote of the town, at any town meeting afterwards to be called for that purpose, to have their names so restored again, the names of such persons should be re- stored accordingly. This law further enacted, that for the purpose of preventing those persons who had been concerned in the rebellion, from serving as jurors in trials for treason or misprison of treason, in case the attorney for the Common- wealth, in the trial of any person for the afore- named crimes, should suggest to the court, that any persons called to serve on the jury of trials had been guilty of favouring the rebellion, or had been in any manner concerned therein, or given aid or support thereto, if the court, upon inquiry of the person against whom the suggestion should be made, or upon examination of witnesses, should judge that there was probable ground for the sug- gestion, it should be the duty of the court to set aside the person so objected to, as disqualified to serve as a juror, in the same manner as had before been practised, in case a juror felt himself preju- diced in any cause. But, the extent of the rebellion had been too general to allow of the indiscriminate operation of law. Such had been its prevalence in some towns, that when the disqualifying act came into 163 force, it scarcely left suflicicnt numbers for the necessary offices of the corporation. It therefore, became equally an act of humanity and i^oocl policy, to iiuent some method for screening from the laws, many who yet remained, amonj^ such multitudes, obnoxious to the severest penalties. With this view the General Court, on the 10th of March, appointed three commissioners, whose duty it was, upon application made to them, by or in behalf of any persons concerned in the rebel- lion, and not included in the act of indemnity, after due inquiry into their character and con- duct, to promise indemnity to them, on their tak- ing and subscribing the oath of allegiance to the Commonwealth, provided satisfactory evidence should be produced in their favour, that they were duly penitent for their crimes, and properly disposed to return to their allegiance, and dis- charge the duty of faithful citizens. And this indemnity was, at the discretion of the commis- sioners, to be promised with or without any or all of the conditions, &c. enumerated in the act aforementioned ; and with or without the farther condition of the offender's being bound to keep the peace, and to be of good behaviour for a term not exceeding three years. The powers of the commissioners were likewise extended, to make remission of the conditions ot" 164 the disqualifying act, in whole or in part, to those who were entitled to the benefits of it. Provided that their attention to those persons, should not interfere with the duty first assigned them. From the protection of this commission how- ever, were excluded four of the rebel leaders, Shays, Wheeler, Parsons, and Luke Day, together with all persons who had fired upon, or killed any of the citizens in the peace of the Commonwealth, and the commander of the party to which sucl> persons belonged. Also the members of the rebel council of war, and all persons against whom the Governour and Council had issued a warrant, un- less liberated on bail. In order to derive every advantage from the ex- ecution of this important commission, very respect- able and honourable characters were appointed for that purpose. These consisted of the Hon. Benja- min Lincoln, Esq. the Commander of the army ; Hon. Samuel Phillips, jun. Esq. the President of the Senate ; and the Hon, Samuel Allyne Otis, Esq. Speaker of the late House of Representatives. From these measures it was hoped, that tlie benefits of pardon would at length be forced, as it were, upon many infatuated citizens, whose obstinacy had repeatedly led them to reject offers 1G5 of mercy with scorn ; while the dcspalcli u iili which the necessary examples of justice would be made, Avould show their punishment to be the immediate and just consequence of their crimes. \\'hile the General Court were making this liberal provision for restoring the rebels to their privileges, they thought it necessary to provide some check against feigned converts being sud- denly admitted into places of trust. They there- fore passed a resolution, directing that selectmen and other town oflicers, should take and subscribe the oath of allegiance to the Commonwealth. Notwithstanding the attention necessary to be paid to the suppressing of the rebellion, and the defence of the state, the General Court did not lose sight of the system of reform begun at their last session. They passed the bill for reducing the number of terms of holding the Courts of Common Pleas and General Sessions of the Peace, in the several counties ; and they enacted a new fee bill, by which the allowances made to pub- lick officers were considerably lessened. They also appointed a committee to inquire, whether there Vvcrc any real publick grievances under which the people of the Conmionwcallh laboured. This committee reported but three, which were the following : 166 " 1st. That suitable provision had not been made, for the seasonable and punctual payment of the interest due on publick securities. "2d. That the Treasurer had not been laid under greater restrictions, with regard to the draw- ing of orders. And, " 3d. That the salary established by law for the support of the first magistrate of the common- wealth, was higher than was reasonable." The last article in this report did not fail to at- tract the attention of the legislature. A long de- bate ensued upon the subject of it, and the result w^as, that the two houses passed a bill for reduc- ing the Governour's salary the ensuing year, from 1100/. to 800/. This bill his Excellency returned, with his objections, founded upon that article of the constitution which provides, " That as the publick good requires that the Governour should not be under the undue influence of any of the members of the General Court, by a dependence on them for his support; that he should, in all cases, act with freedom for the benefit of the publick ; that he should not have his atten- tion necessarily diverted from that object to his private concerns ; and that he should maintain the dignity of the Commonwealth, in the char- 167 acter of its chief mag^istratc ; it is necessary that he should have an honoiu'able, stated salary, and of a fixed and permanent \alue, amply siiHieient for those pm'poses, and establislied by standini^ laws : And it shall be amoni^ the first acts of the General Court, after the commencement of this constitution, to establish such salary by knv ac- cordingly. " Permanent and honourable salaries shall also be established by law, for the justices of the Su- preme Judicial Court. *' And if it shall be found, that anv of the sala- ries aforesaid, so established, are insufficient, they shall from time to time be enlarged as the General Court shall judge proper." Upon this occasion the Governour by a written message asked, Whether, by this article, the right of settling the quantum of the salary, was not confined to the first General Court, after the com- mencement of the constitution ? Whether any power was given to any succeeding General Court, to alter that quantum, unless it should be insuffi- cient ; in which case, it might be enlarged as the court should judge proper ? Whether, if it were alterable by diminution, by the then General 168 Court, it might not, in the same manner, be al- tered by the next General Court ; and again fur- ther altered by succeeding General Courts ; and thus, instead of being established, whether it would be any thing more than an annual grant, constant- ly subject to variation and change ? Whether, in that case, it could be deemed a stated salary ; or of a fixed and permanent value ; or established by any standing or permanent law ; or could be de- pended on as amply sufficient for the purposes intended ? And whether those purposes as express- ed in the constitution, would in that case be an- swered ? The Governour disavowed any interested mo- tives influencing him to make these objections, declaring that should there be a future opportuni- ty for it, and the General Court should then think the proposed reduction worthy of their notice, he would, so for as it might respect himself, consent to it, although his annual expenditures did much exceed the whole amount of his salary. But, that it was not in his power, for the reasons stated, nor did it comport with his inclination to dimin- ish, or in any way render precarious, the salary of his successors. These objections were of such force, that thirty six onlv, out of sixtv five members in the lower 169 House, were in fiivour of passinj^ tlic bill, after they ^vcre made : So tliat it was in fact negatived ; the constitution requiring two thirds of the mem- bers present in both Houses, to give efficacy to a measure under such circumstances. On the same day, March 10th, the Governour, at the request of tlie two Houses, put an end to the third session of the General Court, and, as it was then supposed, to their further agency in the affairs of the Commonwealth, by a prorogation to the next annual election. In taking our leave of this memorable session, we shall be indulged in ob- serving, that the acts of the legislature were direct- ed at an object entirely new, and of course, were unassisted by precedent. No rebellion had here- tofore marked the annals of Massachusetts, either under the royal or republican government. Up- on the histories of J^ropean nations, a reliance could be placed so far only as the genius and cir- cumstances of the people of the two hemispheres agreed. But who could say, that principles and measures which might persuade or terrify the mind of the mountaineer of Scotland or Wales, would have the same effect upon the unconquer- ed spirit of the western inhabitants of Massachu- setts ? No less difficulty arose from the divisions in the sentiment of the citizens. To ascertiiin 22 170 the course which the publick mind would take, required a foresight little short of prophecy. Whether that thirst for freedom which the people had discovered in the late revolution, would, from mistaken principles, decline to an unqualified op- position to authority, or whether it would rise into a disdainful resentment against the enemies of just laws, who are always the real enemies of lib- erty, seemed to be reserved for futurity alone to determine. The constitution also was recent in its standing, and imsettled by practice. To en- force it in that point, where the powers of gov- ernment begin to encroach upon the most favour- ite rights of the subject, was to encounter not only the clamours of the discontented, but the jeal- ousy of the whole people. Under such circumstances, to mark the exact point at which force ought to begin, or the exact degree to which it ought to extend, exceeded perhaps, the calculation of the legislature. But if vigorous measure were delayed too long, it was an error which arose from too great a con- fidence in the operation of reason and reflection upon the minds of the insurgents, and from the tardiness with which the publick sentiment seem- ed at first to recede from their cause. If the penal- ties inflicted upon the culprits were severe, it is a 171 sufficient apology, if not a justification, tliat they were not inflicted until the free, unsolicited par- don of government had been twice tendered to them, and rejected with contempt ; nor, until they had made their appeal to arms, with evident de- signs, and no small expectations of conquering the government, and overturning the constitution. In short, the provision which was made at the last stage of the penal system, for checking its opera- tion almost universally, when the ends of it should be effected by the voluntary acts of the offenders, must forever acquit the government, in the minds of every impartial judge, from any sanguinary or revengeful design. In the recess of the legislature, the commission- ers for granting indemnity to persons concerned in the rebellion, were employed in the mild exer- cise of their authority ; whilst the Supreme Judi- cial Court were proceeding in tlie no less necessa- Tjy though less thankful office, of trying the of- fenders. Seven hundred and ninety persons took the benefit of the commission. Of those A\ho were tried at this circuit, there were six convicted of treason in the countv of Berkshire, the same number in Hampshire, one in Worcester, and one afterwards in Middlesex ; all of whom received sentence of death. Besides these, there were also 172 large numbers convicted of seditious words and practices ; many of whom were persons of conse- quence, and some of them in office. Among others, a member of the House of Representatives, after being apprehended by a state warrant, was convicted of these offences, and sentenced to the ignominious punishment of sitting on the gallows with a rope about his neck, paying a fine of 50/. and being bound to keep the peace, and to be of good behaviour, for five years ; and this sentence was accordingly put in execution. The same inclination to mercy, which had in- duced the legislature to make frequent acts of in- den.nity, was visible in the conduct of the exe- cutive branch of government. Out of the num- ber of convicts in the western counties, who had forfeited their lives to justice, the council advised, that two only should suffer death in Berkshire, and as many in Hampshire. To the remaining eight, the Governour extended a free pardon on the 30th of April ; and, on the 17th of May, a reprieve was granted to their less fortunate companions, to the 21st of June following. The death of the Treasurer afforded an unex- pected occasion, for calling the legislature to- gether the fourth time in the present year, UpoQ 173 their assembling on the 27th day of April, tlic Governour took that opportunity, after the neces- sary communications of business, to express his wish for retirement, and (alhiding to the turn which the votes for the chief magistrate had taken) his happiness, that the voice of the people coincid- ed with it, as he could not otherwise have indulged it, without the imputation of deserting them in the critical situation of their affairs. His Excellency took his leave of the Court, and conferred his best wishes on the Commonwealth ; among other things, that the people might have just ideas of liberty, and not lose it in licentiousness, and in despotism, its natural consequence. Nothing material to the rebellion appeared in the proceedings of the Court, during this session, which continued but nine days, excepting a re- port of the commissioners appointed to grant par- dons to offenders. The most operative causes to which they assigned the late disturbances, were publick and private debts, which arose principal- ly from an undue use of articles of foreign growth and manufacture ; and a delusion with respect to the proceedings of the General Court, and the situation of things in the different parts of the Commonwealth. They also observed, that they were obliged in duty to declare, although it was 174. painful to make the declaration, that from the representation which had been made, there was great reason to believe that too many persons, who had been members of the General Court, in- stead of giving that information of the reasons and principles, upon which the acts and resolves of the legislature had been founded, which might have satisfied the rational enquirer, and have si- lenced the unreasonable complainer, had by their conversation and conduct, irritated and inflamed the restless and uneasy, and alarmed the peaceable uninformed citizen. Upon their rising, the court answered the Gov- ernour's address. In this, they accorded with him in his satisfaction, on the success of the meas- ures which had been adopted, for subduing the rebellion. They declared that their confidence in his Excellency's character, was the dictate of real sentiment ; and, expressing the hopes which might be entertained from his abilities and vir- tues, they plainly dissented from the wish which he entertained for retirement : Adding their own desire, that he might receive those marks of es- teem and benevolent affection, from a grateful people, which are the proper reward of distin- guished merit. 175 The heart of the rebellion being broken, by the return of many of its abettors to their allegi- ance, and the exclusion of the rest from the state, The views of the malcontents became confined chiefly to the securing of their leaders, and of those who were under sentence of death. They had left no expedient untried, to render themselves formidable upon a larger plan. Several of their leaders had proceeded to the province of Canada, to solicit succours from that government ; but this adventure was not attended with success. Their predatory incursions had been represented as preludes to a general invasion, and magnified with ostentatious and malignant threats. Their weakness however, was too evident to admit of their extending their object beyond what we have mentioned : But this they pretended to have some expectation of effecting, from the piu-don and re- prieve which had been granted to the convicts ; a circumstance which they affected to construe in- to a fear, on the part of the government, to exe- cute the sentence of the judicial department. The hostilities of the field were succeeded by less destructive, though not less determined con- tests, at the elections. Every party resorted to this source, for constitutional means of effecting their wishes. Those who were for preserving the 176 dignity of government ; those who hoped to mel- iorate the existing system against the rebels, and those who were too much wearied with war, and too little attached to either side, to look after any other objects than the immediate quiet of the Commonwealth, by whatever means it might be effected, all applied themselves to the elections. When the business was over, such alterations were made in the representations of to^vns ; such divi- sions appeared in the votes for Senators ; and the change in the . chair was effected by so large a majority, as seemed to indicate a revolution in the publick mind. Upon the meeting of the new General Court therefore, the curiosity and anxiety of the inhab- itants were not less raised, than when the con- troversy was doubtful in the field. The insur- gents had always requested, that the decision of their cause might be referred to a new assembly. They spoke of them with confidence, as a body who would demonstrate, upon the just principles of representation, that they were the majority of the people. When the returns of the repre- sentatives were published, it was in fact found, whatever might be the sentiments of the members, that about a quarter of them only had been in the late House. Several persons who in the war \t i had been thro\\n into prison as dangerous to the Commonwealth, who had Hed from state \\^arrants into neighbouring governments, or who liad pre- sided in county conventions, and otherwise mani- fested their opposition to the h*c ruHng authority, were now to be seen on the scats of the legislature. Such a reverse of things drew the eyes of all upon the new Court, who were viewed with emotions of expectation and concern. The contest being thus, in a great measure, re- moved from the military department, and carried into the legislature, where it may be said to have begun, the first subject which offered for trying the strength of parties, was the filling up of the vacancies in the Senate, and the elections of Coun- sellors. To guard the Senate against paper mo- ney and a tender act, and to give vigour to the Council, was the object of one side. To intro- duce a spirit of clemency and pardon into the Council, on whose vote the lives of convicted rebels were suspended, and to incline the Senate to popular reforms, was the object of the other. In this struggle, though it may not assist us in deciding which party prevailed, yet it is a cir- cumstance worthy of notice, as expressive of the thirst for novelty, which reigned at this time, that the Council imdcrMcnt nearly the same 23 178 changes as the lower house ; two thirds of their number consisting of persons who had never offi- ciated in that station before. The great question of means for the final sup- pression of the rebellion, did not long keep out of sight ; and the insurgents themselves once more furnished an incident, for affecting the minds of the members with unfavourable impressions to their cause. In one of their incursions, which happened on the 21st of May, as Mr. Joseph Met- calf was returning home, upon a journey, they made him their prisoner ; and, on the night fol- lowing, they attacked the house of Medad Pome- roy, Esq. in Warwick, and captured him also. Both these gentlemen, who supported very re- spectable characters, and who were generally known in the country, were conveyed to places without the state. A paper was left at the house of Mr. Pomeroy, purporting that the persons tak- en were to be reserved as hostages, to secure the lives of Jason Parmenter and Henry M'Culloch, who were under sentence of death for high trea- son ; and that, if these should be put to death by the state, the persons then captured, would be put to death also, without delay. Such a high hand ed system of retaliation, was truly inconsistent with the debilitated state of the rebel forces, and 179 with a retreat which they held l)y the eourtsey, and precarious indulgence of a neii^hbouring state. This indeed was soon evinced by the escape of their prisoners, not as was supposed without their own connivance. Whatever expectations the malcontents might have entertained, from the great change in the elections, the language of the chair, in which Governour Hancock was this year replaced, was manly and decisive, upon communicating the in- tellio-ence of these incursions. His Excellencv submitted it to the consideration of the Court, whether it would not be absolutely necessary for the support and protection of government, to con- tinue in service the troops then stationed in the counties of Hampshire and Berkshire, for so long a time, after the term of their inlistment should ex- pire, as they might judge necessar}-, to restore peace, tranquillity and security to those counties. The committee on this message, reported a res- olution for requesting the Governour to raise eight hundred men, to be stationed in the western counties for six months, unless sooner discharged. To this resolution the Senate assented, but after it had been once debated in the House, the}- sent down an order, in connexion a\ ith it, for raising a ISO committee to consider the expediency of repealing the disqualifying act, and of reporting a bill of indemnity, under certain restrictions and excep- tions to such persons connected in the rebellion, as would take the oath of allegiance to the Com- monvvealth within a certain time ; and in general, to consider the most effectual measures for restor- ing peace and tranquillity to the Commonwealth. In the debates upon a concurrence with the Sen- ate in this order, the sense and feelings of the House began to be discoverable. An attempt was made to direct the indemnity to be in discrim- inate, without any restrictions or exceptions ; but it was not supported by one quarter part of the House, which at that time consisted of two hun- dred members. It was however, at length, agreed that the committee should be permitted to report the bill with restrictions and exceptions, or other- wise : And in this the Senate concurred. Although it was foreseen, that the report of this committee would be intimately connected with the resolution of the Senate, or perhaps en- tirely s^upersede it ; and although one great ob- jection to it was, that another pardon did not ac- company it, yet the House would not postpone the consideration of the resolution, till the report was made, but debated upon it until the Senate sent for it, and substituted the report in its place. 181 During these debates, the Hoiibc, lor the ease of some members of the uestern counties, wlio were extremely dissatisfied at the delay of the busi- ness, unanimously resolved, That tiie end of the social compact was to secure the existence of the body politick, and to furnish the individuals who compose it, wilh the power of enjoying in safety and tran([uillity their natural rights, and the blessing of life ; and that, therefore, the House considered it as their first, greatest, and most es- sential duty, not only to take the most effectual methods to establish and confirm them ; but that they would employ all the powers vested in them by the constitution, civil and militar}-, to give per- manency and cftbct to these important objects. The report of the last committee consisted of a resolution for raising a i umber of men, not ex- ceeding eight hundred, njr less than five hundred, to be stationed in the western counties ; and for pardoning all persons concerned in the rebellion, upon their taking and subscribing the oath of id- legiance on or before the 12th day of September following, exceptmg eight, to whom the Senate added a ninth. In debating the report by paragraphs, the fa- ^ourite measure of introducing a general pardon 182 was again, for the last time, attempted, but without success, as out of two hundred and fourteen mem- bers, ninety-four only were in favour of it. The same fate attended various motions for lessening the number of the excepted persons ; and on the question of concurrence with the Senate, in ac- cepting the report, the long disputed superiority fell to the advocates for the measure, by a major- ity of eight. The legislative opinion was thus at length decided, respecting the means of sup- pressing the rebellion, a subject which had drawn speculations and conjectures from every quarter of the community. Notwithstanding this important determina- tion for the support of coercive measures, similar to those of the late government, the proceedings under that authority were held up as disgustful to the present House ; and a committee was rais- ed on the 14th of June, to bring in a bill to re- peal the law for suspending the privilege of the writ of Habeas Corpus, and the clause of the law requiring town officers to take and subscribe the oath of allegiance ; although the former of these laws was to expire on a day so near, the first of July following, as to admit of little more than time, for the necessary ceremonies of enacting the bill proposed. This proposition, however, fell 183 through from ob\ ions reasons, and \\as aftcr- Avards openly renounced by its advocates. On the 29tli of June, in consequence of a mes- sage from the GoveiTiour, liis Excellency was re- quested to make known to the states, who had adopted measures for aiding the exertions of gov- ernment to suppress the rebellion, the just sense which the legislature entertained of their friendly disposition ; and to request permission of those with w hom any of the rebels had taken refuge, to march the troops of ^lassachusctts into their lim- its, for the purpose of destroying and conquering them. And the Governour was empowered to raise or detach such force, as might appear to him to be necessary for that purpose, and to maixh them out of the state accordingly. The legisla- ture also declared it as their determination, that no further acts of grace and clemency could be made, to any persons \vho might be in arms against the government, consistently Mith the dignity thereof, and with that safety and protection, which ought to be extended to the peaceable and A\ell affected citizens of the CommonwealtJi. The resolution for pardoning persons concern- ed in the rebellion, being found to extend only to the crime of treason, another Avas introduced 184 to include seditious practices. But one side of the Court contended, that the costs of prosecu- tion which had arisen, should be paid by the Commonwealth, while the other thought it but a reasonable condition of the pardon, that they should be paid by the culprits. Having been milch divid- ed upon this point, they finally agreed upon a reso- lution, in general terms, that until the end of their next session, no pro ejution should be commenced or proceeded on, for sedition or seditious practices. The eye of the General Court was still fixed upon reforms, and a reduction of the Governour's salary, began again to be agitated. But his Ex- cellency effectually checked all further debates upon the subject, by a message, in which he vol- untarily offered 300/. of his salary for the present year, to the community ; suggesting at the same time, that when the future situation of affairs should be less perplexed, he hoped it would not be con- sidered as a precedent to affect any successor in office ; nor be viewed in any other light, than that of contributing, as far as in him lay, to relieve the burdens of the people. To this message both houses returned their thanks ; applauded the patriotism and generosity of his Excellency ; and accepted the proffered 185 donation. They added, that they wished it not to operate as a preeedcnt to influence any success- or in office ; but that the constitution:ility ol' the question of lessening the sahuy, which the Gov- emour had asserted to be uncertain, would with- out doubt, claim the attention of the legislature when they should think expedient. The usual conditions of coercive measures for suppressing the rebellion, were complied with. The tender act was continued, and a committee was raised to consider of a more convenient place for holding the sessions of the General Court. A motion was also made for appointing a committee to consider the expediency of issuing paper money ; but this was lost, by the opinion of one hundred and three members out of one hundred and fifty. The supplies for the troops being granted, though not without opposition, the session of the General Court was finished on the 7th of July. Their measures, though eflfectcd with less una- nimity, were by no means so different from those of their predecessors, as appearances seemed to predict. They raised forces, granted supplies, indemnified offenders, and redressed grievances much in the same manner, as had been done for two sessions before. This uniformity of system, tended greatly to annihilate the expectations of 24 186 the malcontents, who presumed that a change of men would have produced a more adequate change of measures, with respect to their affairs. The legislature having thus provided the ne- cessary means for finally extinguishing the rebel- lion, the publick cause of course, devolved to the Supreme Executive, whose duty it became to put those means into exercise. As soon as a suitable number of troops were inlisted, the great question respected the fate of such of the rebels, as, after trial and conviction, were under sentence of death. On the one hand, to suffer such high crimes as they had committed, to pass away without pun- ishing the offenders, seemed to be frustrating the ultimate designs of justice ; to be making the situation of the guilty less ineligible than that of the innocent persons who had fallen in the cause of the country, and one of whom had been killed by a convict, whose case was in question ; it seem- ed to be removinsr the srreat barriers which the laws had set up for the preservation of the body politick, by lessening the terrors annexed to the boldest attempts upon its existence, in rendering the punishment of offenders uncertain : The motives of mercy also, were liable to be miscon- strued by the party still in arms on the borders of the state, who, naturally desirous of increasing their consequence, would ascribe that to a fear 187 of their pitiful inroads and robberies, which would be the result of infinitely superior prin- ciples : This, instead of introducing trancpiiliity, might lead them to attempts, which they would otherwise realize to be beyond their power. On the other hand, the low state of the rebellion, made severe and sanguinary measures less necessa- ry than e\'er to its extinction ; and to punish when the evil was removed, which it was the prin- cipal design of the punishment to remedy, would appear more like revenge in government, than the dispassionate exercise of justice. The convicts in question, though aggravatedly guilty, were not however, those leading characters which had most attracted the public attention ; and if made exam- ples, would excite a degree of pity in the minds of the people, from the obvious reflection that the less guilty were overtaken by the laws, while greater ofienders escaped unpunished. Above all, the sav- ing of life was an object truly desirable, and to give place to nothing but the safety of the Com- monwealth. Under such circumstances, the Supreme Ex- ecutive determined upon a middle line of conduct ; and on the 16th of June reprieved the convicts until the second of August following ; thereby re- taining the security which the govenmient had, by the possession of the prisoners, for the pacifick 188 conduct of their associates without the state, on the one hand ; and avoiding furnishing them with any new pretence for hostilities, on the other. In the warrant of reprieve, the cause of it was declar- ed to be, the necessity of further time, as well to discover whether the lenient measures adopted by the General Court, would have the happy conse- quences which they were intended to procure, as to determine whether spirited, decisive and forci- ble measures would be necessary to support the government, and protect the citizens in that secu- rity, which they were entitled to have under the constitution. A plain intimation to the malcon- tents, that their peaceable behaviour would save the lives of their brethren. At the same time that a reprieve was granted to the prisoners in Hampshire, the Sheriff of that county was ordered, not to open his directions, until the criminals had arrived at the gallows ; ,by which means, the usual preparations for the execution were attended to, and the ability of the government to carry the sentence into effect, fairly demonstrated. The reasons which operated to induce this re- prieve, grew every day more influential ; and were thought sufficient to justify a further reprieve, for four of the convicts, to the 20th of September. A full pardon was at length granted to a like num- ber, among whom were Parmenter and Shattuck, 189 on the tuTlfth of llic same month. Of three who were eonfined in the county of Berkshire, two ef- fected their escape ; and the other, who was con- victed in October, was favoured with a commuta- tion of his punishment, to hard labour, for the term of seven years. The military operations of the insurgents, dur- ing the summer, were not of sufficient consequence to be particularly mentioned, consisting rather of private robberies thank publick hostilities. So se- cure was the state from any attacks on the 13th of August, that the Governour reduced the troops to the number of 200. And on the 12th day of Sep- tember following, he had the high satisfaction of announcing peace and tranquillity to the whole re- publick, by ordering the discharge of all their forces. If any thing were wanting to complete the suc- cess of the measures of go\emment, with respect to those deluded citizens who were concerned in the insurrections or rebellion, it was furnished from the voluntary concessions of the criminals themselves. The hardiest of them at length im- plored, with the most humble contrition, the mer- cy which they had so often rejected. Among others, Shays and Parsons, in the months of Febru- ary 1788, preferred their petition to the late le- gislature. In it they declared themselves to be 190 penetrated with a melancholy sense of their er- rours ; they averred their penitence and plead the misfortunes to which they had been personally exposed, in the course of their unhappy opposition to government, in expiation of their misconduct. They gave assurances, that their future behaviour should evidence their sincerity. In extenuating, they wished not to appear to justify their proceed- ings. They saw, they felt, and they owned that they had long felt the effects of their temerity, and they would never cease to regret their not having trusted for relief, to the wisdom and in- tegrity of the ruling power. Whilst they ac- knowledged their errours, they entreated the le- gislature to believe, that these proceeded from mis- apprehension, and not from an abandoned princi- ple. They had been obliged, they said, to seek an asylum far from their friends and connexions, in a state of exile from their country ; yet, what- ever had been suggested to the contrary, they had never combined with the secret^enemies of Amer- ica, if any such there were, to subvert her liberty or independence. If it should be thought neces- sary, that they should be held up as examples of suffering, to deter others, still enough had been done even for that purpose, as there was scarcely an inconvenience or misfortune which they could not number in their distresses. If these circum- stances would not avail, they brought into view 191 their friends, their w ivcs and tlicir children, who were innocent, and who, by their pardon, ^vould be bound by new tics of gratitude and afl'ection to the government : They declared that, in ask- ing to be restored to their lost rights, they were not influenced by the fear of punishment, but by a wish to demonstrate the sincerity of their refor- mation, and to add to the instances, already so conspicuous, of the clemency of the court. A disagreement in opinion between the two Jiouses, prevented the legislature from coming to a decision, upon this and many other similar pe- titions, ^vhich were before them. They were therefore, of course, left for the consideration of their successours, who, on the 13th of June follow- ing, passed a resolution, for justifying all officers and others, who liad apprehended suspicious per- sons who had used property, or who had entered into and quartered troops in houses, in order to suppress the insurrections and rebellion, or pre- serve the publick peace, or safety of government ; and for indemnifying all gaolers and sheriff's from whom prisoners had escaped, or who had been pre- vented serving executions, by reason of the re - bellion. This conciliatory resolution also provided for the indemnifying of all citizens who had been 192 concerned in the insurrections and rebellion, not convicted thereof, except against private suits for damages done to individuals, on condition of their taking and subscribing the oath of allegiance to the Commonwealth, within six months after the date ; and, with respect to the nine persons excepted from the indemnity of the 13th of June 1787, on the further condition, that they should never accept or hold any office, civil or military within the Commonwealth. Thus was a dangerous internal war finally sup- pressed, by the spirited use of constitutional pow- ers, without the shedding of blood by the hand of the civil magistrate ; a circumstance, which it is the duty of every citizen to ascribe to its real cause, the lenity of government, and not to their weak- ness ; a circumstance too, that must attach every man to a constitution, which, from a happy princi- ple of mediocrity, governs its subjects without op- pression, and reclaims them without severity. FINIS. ■^ ' 1 ^^^♦v is^ .^tift > l^ *i 1"^' wmt ■^'^1^4 ^^^ vi^^""^^ 's% '*^.i