and the constitutions of our Governments. Man is impatient of restraint, nor will he conform to what is necessary to the good order of Society, unless he is perfect in discernment and virtue, or the Government under which he lives is efficient. The Fathers of the American Fabric seem to have supposed the first of these principles peculiarly our lot, and have chosen it for a foundation. In the progress of experiment the fallacy is discovered, and the whole pile must fall if the latter cannot be supplied.

The spirit of insurgency in Massachusetts has proceeded to a stage which renders the subversion of that Government an event too probable. The malcontents have assumed a deliberate and systematic conduct, and every day gave confidence and numbers. The inefficiency of Government has been felt by its friends as well as enemies, and many are falling in with the measures of the insurgents, who at first showed a readiness, and actually turned out to oppose them. A personal exertion of the Governor, such as was made by Sullivan in N. Hampshire, might perhaps in the infancy of the business have been equally successful in Massachusetts. There has, however, been a kind of lassitude and indecision destructive of the confidence and zeal of all the members of the State, except those of property. These will lose all in the event of a subversion of the Government, and will doubtless make an effort to preserve it.

The Legislature 2 have, during their late session, brought forward sundry experiments for suppressing the spirit of insurgency; Acts for bringing into operation force, for alleviating some and removing others of the grievances complained of; and under that one of indemnity, without an exception, provided advantage is taken of it by oaths of allegiance by a certain day, have passed. Amongst the first description is one for suspending the rights of the act of habeas corpus, and this seems alone to have attracted the notice of the malcontents. They have added it to their list of grievances; have proceeded to appoint military officers for a large body of men, and continue to suppress the sitting of the Courts; and these things are effected not in a tumultous, but regular manner. Mr. Shays, their leader, orders them into motion whenever a court is about to sit, and this proves sufficient to procure an adjournment sine die. Hitherto their measures have operated only in the infected counties, but they have now set about to extend their powers into the neighborhood of Boston, where no symptoms of the malady have been discovered. Upon the approach of the session of the Court at Cambridge last Tuesday ser night, it was understood that a large body

2 Legislature of Massachusetts.

of the insurgents would march there to suppress it. Government accordingly took arrangements for its protection, and troops were actually advanced to receive the Enemy, of whom about 180 had assembled at some miles distance from Cambridge, but conceiving their numbers not sufficient for the enterprise they retired. The last accounts are that the Court was proceeding without interruption, and that a troop of Horse had gone forwards with orders to take as many of the insurgents as they could come up with in arms. From the langour of Government upon every former occasion, there is but little reason to suppose the pursuit was pushed to any effect, and therefore it may lead to nothing of consequence, but it is thought by those best acquainted with the state of things there that not a drop of blood can be spilt, nor captive taken without the immediate consequence of civil war. Had the insurgents been in sufficient force to attempt the execution of their designs at Cambridge, Government would have had no alternative but to open the dreadful scene, or yield the compleat domination of the State to them, and a conflict terminating in their favour would probably have been attended with the same consequence.

This business began in County Conventions forming long lists of grievances, the most trifling and unmeaning that can be conceived; nor was there even an agreement in the complaints of any two counties, all, however, agreed in the remedies. These were a suppression of the Courts and an emission of paper money subject to a depreciation, and made a tender equal to gold and silver in all cases whatever. Many of the malcontents have now, however, thrown off this flimsy veil, and openly declare for an abolition of debts, public and private, and a distribution of property. In justification of the latter object, they say that in the act of opposing the british Government the whole property of the people was forfeited, and ought, in the success of the revolution, to be considered as a common acquisition.

It is said that a British influence is operating in this mischievous affair. In the progress of the thing this has happened, but it certainly originated in the genuine baseness of the people. It is an undoubted truth that communications are held by Lord Dorchester with both the Vermonters and the insurgents of Massachusetts, and that a direct offer has been made to the latter of the protection and Government of great Britain, which they at present decline to accept, but hold in Petto, as a last resort, in case future events may place them in desperate circumstances. They also declare that it is not their intention to touch the continental magazine, which is situated at Springfield, in the midst of their Country, unless driven to it to save their lives; they will, however, think the time arrived for this step upon the happening of any conflict;

nor is there a prospect of an adequate protection from any quarter. Here is felt the imbecility, the futility, the nothingness of the federal powers. The U. S. have no troops, nor dare they call into action what is called the only safeguard of a free government, the militia of the state, it being composed of the very objects of the force; neither can reliance be placed upon that of the neighboring states. N. Hampshire has already shown her kindred to the revolters; Connecticut is not free from the infection, and the Legislative Acts of Rhode Island have discovered that an opposition to them can be expected from no order of people there.

These circumstances have alike forbid the attempt to remove the magazine at an earlier period, as they now do, that of protecting it. Any step to this purpose would have hastened the measures of the malcontents; they were compleatly the masters of the surrounding country, and that they would not permit the execution of the business was certain; the attempt, therefore, must have been followed by the double consequence of cutting off all possibility of accommodation in the State, and blending the union with her in a civil war. It was thought by Congress most politic to leave the stores to the mercy of events; to impress the insurgents with the distinction between continental and State property, and an idea that the United States had confidence in their fidelity and attachment to the Interest and government of the Union. Thus have Congress been compelled to substitute a passive policy for that exercise of power which would ensure stability and consequence to the federal as well as State governments.

Upon the meeting of the Legislature of Massachusetts a verbal application was made by her delegates in Congress for the federal aid. This being the only practicable mode. A constitutional one must have come from the Legislature and could not have been obtained with the essential forms and authorities, without becoming a subject of public knowledge, and spurring the insurgents to immediate hostilities. Congress felt their embarrassments upon the occasion. The mode of application was not a proper one. This difficulty was, however, reconciled upon the doctrine of necessity; but the inability of the federal government to do anything effectual, and upon this consideration the impolicy of provoking the hostile dispositions of the insurgents against the Union, from which the least inconvenience that could be calculated on was their resort to the British standard, necessarily came into view. Upon the whole, it was thought best to take only a preparatory step, to be in readiness for whatever prudence and necessity might require in future. The Resolves of the 20th of October were the result of this determination. The western troubles are prefixed as the cause;

nor were they entirely out of view; but those of Massachusetts immediately operated. The views of the insurgents are indeed so unworthy that the honor of the Union is interested. The virtuous part of a State ought to meet, in the federal aid — a sheild against the nefarious designs of a licentious Banditti, when the evil has become too extensive for their own controul.

This instance, terminate however it may, will doubtless teach the necessity of efficiency in government, and perhaps it would be best placed in the federal head. Indeed if this cannot be got in the present form, some other ought immediately to be devised. A change of choice will probably be one of wisdom. If it is left to accident we cannot account for the result.

That great Britain will be in readiness to improve any advantage which our derangements may present for regaining her lost dominions, we are not to doubt. All her appointment to her Colonies, as well as Missions into these States, are calculated to this object. Lord Dorchester is known to be penetrating and judicious, and the people are in the habit of thinking favourably of him. A Mr. Smith, formerly of this city, is sent with his Lordship in the character of Cheif Justice. He is a man of talents, well acquainted with our natural tempers and dispositions, and quitted the country in the firm persuasion that events like these which now prevail would lead to a reunion of us with G. B. Mr. Temple has been here for sometime in the appointment of Consul General. A Mr. Bond, formerly of Phil'a, has lately arrived as Consul for the Middle States, and it is said others are to be sent for the Eastern and Southern, and thus the scheme of communication will be compleat...

... There has not yet been a sufficiency of States to form a Congress, nor do I see a prospect that there will shortly be one.

I have the Honor to be,

With the highest respect,

Your Excellencie's most Ob't Serv't, &c., &c.

62. THE ORDINANCE OF 1787

Passed July 13, 1787, it represented the fruit of three years' deliberation in evolving a form of territorial government. Under its general principles, the greater part of the Continental United States has been prepared for statehood in the Union.

T. C. Pease, Laws of the Northwest Territory, 1788-1800, pp. 123–130. Springfield 1925.

AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES, NORTH-WEST OF THE RIVER OHIO.

BE IT ORDAINED by the United States in Congress assembled, that the said territory, for the purposes of temporary government, be one district; subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.

Be it ordained by the authority aforesaid that there shall be appointed from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein, in one thousand acres of land, while in the exercise of his office. There shall be appointed from time to time, by Congress, a secretary, whose commission shall continue in force for four years, unless sooner revoked, he shall reside in the district, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office; it shall be his duty to keep and preserve the acts and laws passed by the legilature, and the public records of the district, and the proceedings of the governor in his executive department; and transmit authentic copies of such acts and proceedings, every six months, to the secretary of Congress: There shall also be appointed a court to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have each therein a freehold estate in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behaviour.

The governor and judges, or a majority of them, shall adopt and publish in the district, such laws of the original states, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress, from time to time, which laws shall be in force in the district until the organization of the general assembly therein, unless disapproved of by Congress; but afterwards the legislature shall have authority to alter them as they shall think fit. The governor for the time being, shall be commander in chief of the militia, appoint and commission all officers in the same, below the rank of general officers; all general officers shall be appointed and commissioned by Congress.

Previous to the organization of the general assembly, the governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace