Part 67

1 Chapter 32.

PROCLAMATION.

NOVEMBER 3, 1794.

By Authority Commonwealth of Massachusetts.

BY THE GOVERNOR.

A PROCLAMATION.

IT being provided by the Seventeenth Article of the Treaty of Amity and Commerce, now subsisting between the United States of America and the French Republic, "That no shelter or refuge shall be given in the ports of either of said nations to such as shall have made prize of the subjects, people or property of either of the parties; but if such shall come in, being forced by stress of weather, or the dangers of the sea, all proper measures shall be vigorously used, that they go out and retire from thence as soon as possible."1 And the Secretary of State for the Government of the said United States, having by his letter of the 10th of October last, informed me that "M. Fauchet, the Minister of the French Republic, near the United States, apprehends from circumstances which have been experienced that unless prompt and decisive measures are adopted in the several ports in regard to vessels hostile to the French Nation, and bringing in French prizes, the branch before recited, of the Treaty, will become null:" And the said Secretary having requested that measures may be taken to preserve that branch of the Treaty inviolate, by Vessels hostile to the French Nation receiving comfort in the out-ports of the Commonwealth:

I HAVE THEREFORE, in compliance, with the request of the Government of the United States, thought fit to issue this Proclamation, requiring all Officers, Civil and Military, within this Commonwealth, to take all legal and proper measures, and to use and practice all diligence, for the effectual support of the above recited Article in the said Treaty.

AND I do hereby enjoin it upon them to prevent any breach thereof, if such should be attempted in any, and especially those ports distant from the Capital, and immediately to give information of the same, with their proceedings thereon, to the Governor and Commander in Chief of the Commonwealth, that such further measures may be taken, if any shall be necessary, as may be suited to the faith of Nations, and the solemnity of National Treaties--And I have reason to expect that the good people of the Commonwealth will cheerfully afford their aid in support of the Laws of the land.

Given at Boston, in the said Commonwealth, the third day of November, in the Year of our Lord, One Thousand Seven Hundred and Ninety-four, and in the Nineteenth Year of the Independence of the United States of America.

SAMUEL ADAMS.

Attest,

JOHN AVERY, jun. Sec'y.

1 The quotation is not exact, although substantially correct.

1795

TO THE LEGISLATURE OF MASSACHUSETTS.

JANUARY 16, 1795.

I am happy, fellow citizens, to meet you in General Court assembled, on the day to which, according to your request, you have stood adjourned. By the Constitution, the Governor, with the advice of Council, during the session of the General Court, hath full authority to adjourn them to such times as the two branches may judge most convenient.

The people of this Commonwealth, in their declaration of rights, have recorded their own opinion, that the Legislature ought frequently to assemble for the redress of grievances, correcting, strengthening and confirming the Laws, and making new Laws, as the common good may require.--The Laws of the Commonwealth are intended to secure to each and all the Citizens, their own rights and liberties, and the property which they honestly possess. If there are any instances wherein the Laws in being, are inadequate to these great and capital ends, your eye will discern the evil, and your wisdom will provide a suitable remedy. It shall be my endeavour, as indeed it is my duty, carefully to revise and readily approve your Bills and Resolves, which may be calculated for the public good.

By the late returns of the votes for Representatives to serve the Commonwealth in Congress, there were several districts in which no choice had been effected. I immediately issued precepts according to law, requiring the several towns within those Districts to meet on a day now past, in order to complete their elections. I cannot but recommend to your consideration, whether it may not be necessary more effectually to guard the elections of public agents and officers against illegal practices. All elections ought to be free, and every qualified elector who feels his own independence as he ought, will act his part according to his best, and most enlightened judgment. Elections are the immediate acts of the people's sovereignty, in which no foreigners should be allowed to intermeddle. Upon free and unbiassed elections, the purity of the government, and consequently the safety and welfare of the citizens, may I not say altogether depend.

If we continue to be a happy people, that happiness must be assured by the enacting and executing of reasonable and wise laws, expressed in the plainest language, and by establishing such modes of education as tend to inculcate in the minds of youth, the feelings and habits of "piety, religion and morality," and to lead them to the knowledge and love of those truly Republican principles upon which our civil institutions are founded. We have solemnly engaged ourselves, fellow citizens, to support the Constitution of the United States, and the Constitution of this Commonwealth. This must be reconcileable in the mind of any man, who judiciously considers the sovereign rights of the one as limited to federal purposes, and the sovereign rights of the other, as acting upon and directing the internal concerns of our own Republic.

We have been under apprehensions of being made a party in the dissolating contest in Europe. Permit me just to observe, that the first and main principle which urged the Combined Powers to enter into the contest, is in my own opinion unsupportable by reason and nature, and in violation of the most essential right of nations and of men. The repeated acts of violence which have been committed on the property of American citizens, might in the opinion of some, have justified reprisals; but the policy of the Federal Government has directed to other measures. The wisdom of our own Councils, with the unexampled successes of our magnanimous Ally, the Republic of France, afford the strongest ground of hope, that under the continued smiles of Divine Providence, peace and tranquility, so interesting to a rising Republic, will in the end be firmly established.

The business of fortifying certain harbors within this Commonwealth, according to an act of Congress, was left unfinished in your last session. It is indeed probable, that the danger which produced that measure, has nearly subsided; but the law still exists, and in my opinion it cannot be carried into constitutional effect in this Commonwealth, without the aid of the Legislature of the same. I am led to this opinion by contemplating the first article of the Constitution of the United States, which establishes the powers of Congress and which particularly authorises them to exercise exclusive legislation in all cases whatever, over all places purchased by the consent of the Legislature of the States, in which the same shall be for the erection of Forts Magazines, and other public buildings.

Those who wish to persuade the world to believe, that a free representative Republic cannot be supported, will no doubt make use of every art to injure, and by degrees to alter, and finally to eradicate the principles of our free Constitutions: But the virtuous and enlightened citizens of this Commonwealth, and of all united America, have understanding and firmness, sufficient to support those Constitutions of Civil Government which they have themselves formed, and which have done them so much honor in the estimation of the world.

It is with pain that I mention the insurrection which has lately taken place in a sister state.1 It was pointed more immediately at an act of the Federal Government. An act of that government, as well as of the governments in the Union, is constitutionally an act of the people, and our Constitutions provide a safe and easy method to redress any real grievances. No people can be more free under a Constitution established by their own voluntary compact, and exercised by men appointed by their own frequent suffrages. What excuse then can there be for forcible opposition to the laws? If any law shall prove oppressive in its operation, the future deliberations of a freely elective Representative, will afford a constitutional remedy. But the measures adopted by The President of the United States, supported by the virtue of citizens of every description, in that, and the adjacent states, have prevailed, and there is an end of the insurrection. Let the glory be given to Him, who alone governs all events, while we express the just feelings of respect and gratitude due to all those, whom He honours as instruments to carry into effect his gracious designs.

I congratulate you on the success which the forces of the United States, have lately had against the hostile Indians. It is my hearty wish that by the blessing of Heaven, an end may be put to this expensive war, by an agreement between the parties, upon the permanent principles of justice, honor, good neighborhood, & true friendship.

The Constitution of this Commonwealth, having provided that the General Court which shall be in the year of our Lord, one thousand seven hundred and ninety five, shall issue precepts for collecting the sentiments of the people in regard to its revision.-- And as this Court is within the year mentioned, you will be pleased to decide, whether it was intended by the people that this business should be done by the General Court which shall be elected within that year, or whether it is your duty to attend to it.

I will lay before you several papers transmitted to me by the Treasurer and other matters which may occur during the Session by subsequent messages.