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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --FRIDAY, MARCH 9, 1787.
Congress assembled. Present Massachusetts New York New Jersey, Pensylvania, Delaware, North Carolina, and Georgia and from Rhode island Mr [James Mitchel] Varnum from Connecticut Mr S[tephen] M[ix] Mitchell.
The Delegates of Massachusetts having made representation2 to Congress in the following words
[Note 2: 2 Papers of the Continental Congress, No. 74, p. 400, in the writing of Mr. Nathan Dane.]
"The delegates of Massachusetts in Obedience to the Instructions of the legislature of that Commonwealth and to the end that their constituents may claim and possess all the benefits and advantages to which by the articles of Confederation
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and perpetual Union they are or may be entitled, represent to the United States in Congress assembled the information contained in the three subjoined papers N 1 being the speech of the Governor of the Commonwealth of Massachusetts to the general court thereof. N 2 The reply of the general court to the speech of the Governor And N 3 the declaration of a rebellion within that commonwealth. And the said delegates in conformity with the instructions of their constituents farther represent to the United States in Congress assembled that the legislature of Massachusetts are firmly persuaded that by far the greater part of the citizens of that commonwealth are well affected to the government thereof and that there is the highest probability by the blessing of Almighty God that the present rebellion will be speedily suppressed. The said legislature confiding that had it been necessary the firmest support and most effectual aid would have been afforded by the United States to that Commonwealth for putting an end to the insurrections and rebellion which have happened within the same, such support and aid being expressly and solemnly stipulated by the Articles of Confederation and perpetual Union.
1No. 1. The speech of His Excellency James Bowdoin Esqr2 Governor of the Commonwealth of Massachusetts to the Legislature. Gentlemen of the Senate, and Gentlemen of the House of representatives. It was expected by the General Court, that their proceedings at their last session, respecting the Insurgents, would have answered the purposes for which they were intended. By those proceedings there were held forth to them punishment on the one hand, and pardon on the other, punishment in the case of perserverance in their criminal conduct: pardon and indemnity if they desisted from it, and by a given time should take the oaths of
[Note 1: 1 At this point Roger Alden begins the entry.]
[Note 2: 2 Papers of the Continental Congress, No. 74, p. 382--389; copy.]
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allegiance. This application to their feelings, and to that actuating principle, a desire of personal safety, it was apprehended, would have had forcible influence to bring them to their duty. But unhappily it did not produce any good effect except upon a very few Individuals of them. On the contrary, the lenity and forbearance of Government were treated with contempt, and imputed by them to an inability of defending itself: And some of your last Acts have been added to their list of grievances. But the clearest and most unequivocal evidence of their perseverance and opposition to Government is deduced from their proceedings respecting the Judicial Courts in several of the counties since the last session of the General Court. They twice with an armed force stopped those courts in Worcester, and would not suffer them to open in Hampshire. They attempted it tho unsuccessfully in Middlesex, and in consequence of that attempt several of them were taken into custody by virtue of State Warrants; in the execution of which, the Sheriff and other persons to whom the warrants were directed had the aid and support of a number of spirited Gentlemen of that County and Suffolk. At the last time of their Assembling in Worcester there were near a thousand of them in Arms, who to the great annoyance and terror of that vicinity, continued embodied for several days after the court had adjourned, meditating as it was apprehended further outrages; which were providentially prevented by the continued storms of that week. These violent and treasonable proceedings of the Insurgents were perpetrated after the publication of the last Acts of the General court respecting them, and demonstrated not only a total disregard of those Acts, and the Authority by which they were enacted but a contempt of all constitutional Government, and a fixed determination to persevere in measures for subverting it. This determination and these measures were also manifested by their printed
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declarations, and some of the private transactions of their leaders, when the main body of the Insurgents were last Assembled at Worcester, by which it appeared the Insurgents were formed into Regiments and that a Committee were appointed for each Regiment, to see that it should, without delay be properly officered and equipped, and completely ready whenever called upon. That this was the state of things in the Western counties was further confirmed by letters I received from some of the most respectable characters in those counties, and by the oral testimony of many intelligent persons from thence, who all agreed in the necessity of speedy and vigorous measures being taken for the effectual suppression of the Insurgents, without which, the well affected might from a principle of self preservation, be obliged to join them, and the insurrection become general. The safety and well being of the commonwealth being thus in hazard, and the lenient conciliating measures of the General Court having been rejected by the Insurgents, I conceived myself under every obligation of honor and duty to exert the powers vested in me by Law and the Constitution for the protection and defence of the commonwealth against the hostile and nefarious attempts of those lawless men. Pursuant to this Idea, I laid before the Council all the information and intelligence I had collected relative to the proceedings and designs of those Men; and the Council were unanimously of opinion, and accordingly advised that vigorous and effectual measures should be taken to protect the Judicial Courts, particularly those that were then next to be holden at Worcester, to aid the civil Magistrate in executing the laws, to repel all Insurgents against the Government, and to apprehend all disturbers of the public peace, particularly such of them as might be named in any State Warrant or Warrants. For these purposes upon the effecting of which all good Government and indeed the happy
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existence of the commonwealth, do essentially depend, I have called forth from several counties, a respectable body of the Militia, the command of which I have given to Major General Lincoln, with orders to carry those purposes into effectual execution. Those orders are now in operation, and will be laid before You, with the general orders containing the plan of measures by which the commonwealth was to be defended against it[s] present Assailants. I congratulate You Gentlemen on the success of those measures hitherto, and hope it is a prelude to final success and to the reestablishment of perfect tranquility. The dispatches concerning it, which I have received from General Lincoln and General Shephard will be laid before You. Thus Gentlemen, from a principle of duty to the Commonwealth and in conformity to Your resolution of the 24th. of October, in which You express a full confidence "that I will persevere in the exercise of such powers as are vested in me 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," I have taken the measures above represented. I trust that they will meet with Your entire approbation, and with that support which is naturally to be expected from the Guardians of the public safety. On my part I have done in this business what the duty of my Office and the Oath of Qualification indispensibly requires, and I have the fullest confidence that on your part nothing will be wanting to carry into complete effect the measures that have been taken or that may be further necessary to suppress the present insurrection, and to insure a strict obedience to the laws. This is so essential to the peace and safety of the Commonwealth, that it requires your immediate attention, and the speedy application of further means, if those already taken should be deemed insufficient for that purpose. Among those means You may deem it necessary
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to establish some criterion for discriminating between good citizens and Insurgents, that each might be regarded according to their Character, the former as their country's friends and to be protected, and the latter as public enemies, and to be effectually suppressed. At such a time as the present every man ought to shew his colours, and take his side, no neutral Characters should be allowed, nor any suffered to vibrate between the two. Vigor decision and energy will soon terminate this unnatural, this unprovoked insurrection, and prevent the effusion of blood; but the contrary may involve the commonwealth in a civil War, and all its dreadful consequences, which may extend not only to the neighbouring States, but even to the whole confederacy, and finally destroy the fair temple of American liberty; in the erecting of which, besides the vast expense of it, many thousands of valuable citizens have been sacrificed.
There are several things resulting from the measures in operation which require your immediate attention. The money immediately wanted for carrying them into execution was supplied by a voluntary loan from a number of Gentlemen, and in a manner which does them honor. I must earnestly recommend to You to provide for its reimbursement, which upon the principles of policy as well as Justice should be made as speedily as possible. Provision also should be made for defraying the general expence. Should the time be too short to effect the great purposes, for which the militia were called forth, it may be necessary that General Lincoln should be empowered to continue them in service, by inlistment until those purposes should be accomplished. The men being already embodied, and the arrangements for supporting them perfected, the expence of such a continuance will be much less that1 that of raising a new body for the same service. There are defects in our militia Act which require
[Note 1: 1 The copy presented to Congress reads "than".]
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an immediate remedy, and which I shall mention to You in a separate message. These Gentlemen are matters of importance, but the general subject of this address is of the first magnitude and demands Your immediate and most serious attention. If it be taken up with proper spirit, if the measures in operation be seconded with firmness and decision, and if the powers of the several branches of Government be united in a wise and vigorous exertion, we may reasonably expect a speedy and happy issue to the present insurrection, to which happy issue every exertion on my part has been and shall be applied, but on the contrary, if indecision, languor, or disunion should on this occasion pervade our public counsels, insurrection, though checked for the present, would gain new strength and like a torrent might sweep away every mound of the Constitution, and overwhelm the commonwealth in every species of calamity. In such case, if brought on by remissness, or relaxation on our part, we should be not only involved, most essentially involved, in that calamity, but justly chargeable with betraying the trust reposed in us by our fellow citizens, and chargeable with ignominiously deserting the posts assigned us, as guardians of the peace, the safety and happiness of the Commonwealth. But very happily, this is only a possible case, for your patriotism, your Virtue, Your regard for your own liberties and property and for those of your families and posterity, must induce You to call forth every power of government into vigorous exertion for preventing such a complication, such an accumulation of evils. On this occasion it is proper Gentlemen to inform You, that I have received from several towns, Petitions, directed to the Governour and Council, and also to the General Court, relative to the Insurgents. The petitions being eight in number, do disapprove of the proceedings of Government, in regard to those people. But. as the things prayed for, were, for the most part not cognisable
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by the Governour and Council, and such as were so, could not be granted by them, consistently with the duty they owe to the Commonwealth, the petitions will be laid before You, for your consideration. There are other matters, to which your attention, Gentlemen, is necessary and they will be communicated by message.
(signed) James Bowdoin
Council Chamber Feb.y. 3d. 1787.
No. 2 1 To His Excellency James Bowdoin Esq(r) Governour of the Commonwealth of Massachusetts.
[Note 1: 1 Papers of the Continental Congress, No. 74, pp. 392--393; attested copy.]
May it please Your Excellency. The Senate and House of representatives in General Court Assembled have read and duly attended to Your Speech at the opening of this Session, and take this earliest opportunity to express their entire satisfaction in the measures You have been pleased to take, pursuant to the powers vested in You by the constitution for the subduing a turbulent spirit, which has too long insulted the Government of this commonwealth, prostrated the courts of law and Justice in divers counties, and threatened even the overthrow of the constitution itself. The General Court congratulate Your Excellency on the success with which Providence has been pleased to bless the wise, spirited and prudent measures which You have taken; and they earnestly entreat Your Excellency still to encounter, repel and resist by all fitting ways, enterprizes and means, all and every such person and persons as attempt or enterprize in a hostile manner, the destruction, detriment or annoyance of this Commonwealth, and to pursue such further constitutional measures as You may think necessary for extirpating the spirit of rebellion, quieting the minds of the good people of the commonwealth, and establishing the just authority and dignity of Government. And in order that Your Excellency may be possessed of the full
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power of the Constitution to effect these great purposes, the General Court have thought it highly necessary after mature deliberation to declare that a rebellion exists within this commonwealth. This Court are fully persuaded that by far the greater part of the citizens of this commonwealth are warmly attached to our present happy constitution; they have a high sense of the merit of a respectable body of the Militia who have with readiness attended Your Excellency's orders on this pressing emergency; as well as of the patriotic zeal of a number of private citizens who have chearfully advanced their money in aid to Government; and You may be assured Sir, that the most speedy and effectual means will be used for the payment of the Officers and Soldiers who have been or may be employed in this necessary and most important service; and for the reimbursement of the monies generously advanced for it support. It is to be expected that vigor, decision and energy under the direction and blessing of Heaven will soon terminate this unnatural, unprovoked rebellion, prevent the effusion of blood, and the fatal consequences to be dreaded from a civil war, and it is the determination of this Court to establish a criterion for discriminating between good citizens and others that each may be regarded according to their character and defects. If it should appear to Your Excellency that the time for which the militia under the command of Major General Lincoln are enlisted is too short to effect the great objects in view, it is the request of this Court that You would be pleased to direct the commanding General to reenlist the same men, or enlist others for such further time as You may think necessary, or to replace them by detachments from the Militia, and if You shall think it expedient encrease their numbers, and continue them in service until those purposes shall be completely accomplished. The General Court will give the most ready attention to Your message of the third
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Instant, and every other communication You shall be pleased to lay before them. They will vigorously persue every measure that may be calculated to support the constitution, and will still continue to redress any real grievances, if such shall be found to exist, humbly beseeching Almighty God to preserve union and harmony among the several powers of Government, as well as among the honest and virtuous Citizens of the Commonwealth and to restore to us the inestimable blessings of peace and liberty under a wise and righteous administration of Government. In Senate Feby. 4th. 1787, read and unanimously accepted, and ordered that Samuel Adams, Caleb Strong, and Seth Washburne Esqrs., with such as the honorable house may join, be a committee to wait upon his Excellency the Governor with the aforegoing Address. sent down for concurrence.
Saml Phillips Junr. President
In the house of representatives Feb.y. 4th. 1787, read and concurred, and M(r) Shephard, Mr Brooks, Mr Beckford and Mr Davis are joined.
Artemus Ward. Speaker
A true copy. Attest.
(signed) John Avery Junr. Secretary
No. 31 Commonwealth of Massachusetts.
[Note 1: 1 Papers of the Continental Congress, No. 74, pp. 396398; attested copy.]
Whereas the doings of the General Court at their last Session, relative to the Insurgents against the Government and Authority of the State in several counties within this commonwealth were lenient and merciful, were intended to quiet the minds of the disaffected, and ought to have had the effect they were disigned to produce. And whereas every complaint of grievance was carefully attended to, with a disposition to grant all relief which could be afforded, consistent with equal Justice and the dignity of Government, and the General Court so far as they were able adopted
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measures accordingly, and gave full and clear information to the Insurgents as well as others, of the general situation of public Affairs.
And Whereas a full and free pardon, for all the outrageous proceedings against the Government, whereof the Insurgents had been guilty, was tendered them upon this mild condition alone, that they should be guilty of such outrages no more, and as evidence of their intentions to demean themselves in future, as good and faithful citizens should before the first day of January A.D. 1787 take and subscribe the oath of Allegiance; it manifestly appears from the subsequent conduct of the leaders of the Insurgents, that their opposition to Government, has not arisen from a misapprehension as to the views and disposition of Government, or from a temporary irritation, arising from the pressure of supposed grievances, or from a misguided zeal to promote the public happiness, as has been insidiously asserted, but from a settled determination to subvert the constitution, and put an end to the Government of this commonwealth. It is also abundantly manifest that the conduct of the Insurgents in stopping the Courts of Justice in the Counties of Worcester and Hampshire, in assembling in arms avowedly to commit the same outrages in the County of Middlesex, in calling upon the towns in some Counties to furnish themselves with Arms and Ammunition, in appointing committees to form their adherents into regular military companies properly officered thereby to establish within this Commonwealth a standing force, beyond the controul of and for the express purpose of opposing in Arms, the constitutional Government of the State, in endeavouring to encrease the commotions in the Counties aforesaid, by publickly inviting and alluring others to throw off their allegiance and join their body, is subversive of all order and Government, absolutely incompatible with the public safety and happiness, and is an open,
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unnatural, unprovoked and wicked rebellion, against the dignity, authority, and Government of this Commonwealth. And the Legislature in duty to their constituents in conformity to their oaths, and virtue of the Authority vested in them by the Constitution (having ineffectually tried every lenient measure to reclaim them) do hereby solemnly declare, that a horrid and unnatural rebellion and War, has been openly and traiterously raised and levied against this Commonwealth, and is still continued, and now exists within the same, with design to subvert and overthrow the constitution and form of Government thereof, which has been most solemnly agreed to, and established by the citizens of this commonwealth, and that Government ought and will, with the greatest energy and force, exert and bring forth all the power of the commonwealth for the suppression thereof; and all the horrors and evils that may follow in consequence of this rebellion, must be imputed to those men, who have contrary to the duty of theft Allegiance and every principle of law and Justice, been the fomenters, abettors and supporters of the same. In Senate Feby. 4th. 1787. Read and unanimously accepted. sent down for concurrence.
Samuel Phillips Junr. President
In the house of representatives Feby. 4th. 1787. Read and concurred.
Artemus Ward Speaker
true copy. Attest.
(signed) John Avery Junr. Secretary.
1A motion was made by Mr [James Mitchell Varnum seconded by Mr [William] Few that the foregoing papers be referred to a committee and on the question for commitment the yeas and nays being required by Mr [Rufus] King
[Note 1: 1 Charles Thomson resumes the entry.]
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{table}
So it was resolved in the affirmative.1
[Note 1: 1 According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 139, the committee was Mr. William Few, Mr. James Mitchel Varnum and Mr. Benjamin Hawkins. See April 12, 1787.]
[Report of Secretary at War on Venango and Fort Mcintosh 2]
[Note 2: 2 Papers of the Continental Congress, No. 151, pp. 239--240, read March 9, 1787. According to indorsement and the Committee Book, Papers of Continental Congress, No. 190, p. 139, it was referred back to the Secretary at War to take order. See March 8, 1787.]
The Secretary of the United States for the department of War, to whom was referred a motion, to establish a garrison at Venango, and to countermand the order for dismantling Fort Mcintosh.
Reports
That in his opinion, the establishment of a post at Venango, at the confluence of French Creek with the Allegany River, would in case of hostilities with the Indians, cover a considerable tract of inhabited country from their incursions, and thereby induce a confidence in the protection of the United States.
That in case of a party of troops being posted at the said place, it should be a permanent arrangement; that the commanding officer, should always possess a sufficient number of Boats, to transport the troops, their baggage, and Stores, down the Allegany, provided necessity or convenience, should dictate the measure.
That in a defensive plan for the frontiers, with the present number of troops, Fort Mc Intosh would also be of service, and while it remains necessary to observe such a plan, it will be proper to retain a garrison in said post.
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Your Secretary therefore submits the following Resolves to Congress
Resolved, That the Secretary at War be, and he is hereby directed, to order the commanding Officer of the troops on the Ohio, to detach immediately one company of Infantry, such Ordnance, and so many of the Corps of Artillery, as he shall judge proper, to take post at Venango.
Resolved, That the Secretary at War suspend the order for dismantling Fort Mcintosh.
H Knox
War Office March 9th 1787.
[Motion of Mr. Mitchell on a report of Secretary for Foreign Affairs 1
[Note 1: 1 Papers of the Continental Congress, No. 36, III, p. 335, in the writing of Thomson. Probably made by Mr. Nathaniel Mitchell and seconded by Mr. William Few. It is indorsed "Secretary of Congress to take order" and is entered in the Committee Book, Papers of the Continental Congress, No. 190, p. 139.]
Motion of Mr Mitchell Few 9 March 1787
Ordered That the Secy deliver out of the Office the Report of the Secy for foreign Affairs on Mr Adams letter relative to infraction of the treaty to any Member applying for the same.
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