Page images
PDF
EPUB

number of officers and men who would respond instantly to any call of the President; third, the foresight that induced the Legislature, on the 3d of April, to pass a bill appropriating $25,000, and authorizing the Adjutant-General to contract for overcoats, blankets, knapsacks, 200,000 ball cartridges, &c., for two thousand troops; and, fourth, the fact that the volunteer militia, for three months previous to the outbreak, in anticipation of trouble in the South, wisely prepared themselves for action. In this case, to be forewarned was to be forearmed. The results of this action only go to show the force of that aphorism, "In peace prepare for war."

The following resolves, contemplating the maintenance of the Union, were presented to the Legislature of Massachusetts, on the 18th of January, and free and full debate was invited upon them. They passed, however, with little or no debate, an indication that not partisanship, but true loyalty to the Constitution and the Union, inspired them. The following are the resolves:

"Resolves tendering the aid of the Commonwealth to the President of the United States, in enforcing the laws and preserving the Union.

"Whereas, Several States of the Union have, through the action of their people and authorities, assumed the attitude of rebellion against the national government; and whereas, treason is still more extensively diffused; and whereas, the State of South Carolina, having first seized the post-office, custom house, moneys, arms, munitions of war and fortifications of the federal government, has, by firing upon a vessel in the service of the United States, committed an act of war; and whereas, the forts and property of the United States, in Georgia, Alabama, Louisiana, and Florida, have been seized with hostile and treasonable intention; and whereas, senators and representatives in Congress avow and sanction these acts of treason and rebellion: therefore,

"Resolved, That the Legislature of Massachusetts, now, as always, convinced of the inestimable value of the Union, and the necessity of preserving its blessings to ourselves and our posterity, regard with unmingled satisfaction the determination evinced in the recent firm and patriotic special message of the President of the United States, to amply and faithfully discharge his constitutional duty of enforcing the laws and preserving the integrity of the Union; and we proffer to him, through the Governor of the Commonwealth, such aid in men and money as he may require, to maintain the authority of the national government.

"Resolved, That the Union-loving and patriotic authorities, representatives, and citizens of those States whose loyalty is endangered or assailed by internal or external treason, who labor in behalf of the Federal Union with unflinching courage and patriotic devotion, will receive the enduring gratitude of the American people.

"Resolved, That the Governor be requested to forward, forthwith, copies of the foregoing resolutions to the President of the United States, and the Governors of the several States. [Approved January 23, 1861."

This was the first legislative action that was taken, in contemplation of such an issue as a great rebellion in the South. In these resolves the position of the State was defined. She was found to be true to the heritage of her fathers. She took a stand for law, and to maintain that Union inviolate that was threatened by treason, and under whose protecting ægis she had so long prospered in wealth, power, and peace. From that position she will never recede.

The State of Virginia issued a call to the other States, to meet her in convention, to see what measures of peace and conciliation could be suggested. Congress passed and promulgated a call in sympathy with that wish. The matter came up for consideration before the Legislature of Massachusetts, and the project was opposed as extra constitutional. There were those found who did not favor the convention. Others, again, argued that New York, Illinois, Ohio, and Rhode Island, which States would be represented, might, in that convention, make a new basis for a constitution, in derogation of the rights of Congress, and that the States absent might be considered as consenting by their silence. Others thought that Massachusetts already had her delegation in Congress, and that this was a sufficient representation upon all national questions. The question of sending delegates to this convention was finally considered on the 4th day of February. A call had been issued, signed by several of the most influential citizens of Boston and vicinity, for a meeting in Faneuil Hall the afternoon of the 4th. They saw and felt the necessity of an outward compliance, at least, with the call of Virginia, in order that Massachusetts should stand right on the record. Virginia alleged that she spoke in the spirit of peace; we could do no less than meet her in the same spirit. This was the feeling of the majority of the people. But those taking an ultra position upon the question of slavery opposed the appointing of the commissioners, and streffuously urged that opposition. They did not believe in the honesty of Virginia; they saw in her movement an attempt to coerce the North, by threats of dissolution of the Union, into extending further guaranties upon the question of slavery. Others replied that they owed little to courtesy, but much to the historical spirit of Massachusetts, and they did not think that she would be degraded by meeting Virginia upon her own ground. The discussion was warm in both branches of the Legislature. The spirit of conciliation prevailed, and the resolve passed the Senate.

"Resolve for the appointment of Commissioners to attend a Convention to be held in the City of Washington.

"Whereas, The Commonwealth of Massachusetts is desirous of a full and free conference with the general government, and with any or all of the other States of the Union

at any time and on every occasion when such conference may promote the welfare of the country; and

"Whereas, Questions of grave moment have arisen touching the powers of the government, and the relations between the different States of the Union; and

"Whereas, The State of Virginia has expressed a desire to meet her sister States in convention at Washington; therefore,

"Resolved, That the Governor of this Commonwealth, by and with the advice and consent of the Council, be and he hereby is authorized to appoint seven persons as commissioners, to proceed to Washington to confer with the general government, or with the separate States, or with any association of delegates from such States, and to report their doings to the Legislature at its present session; it being expressly declared that their acts shall be at all times under the control and subject to the approval or rejection of the Legislature. [Approved February 5, 1861."

The resolve was immediately approved by the Governor, and the following commissioners were appointed: - John B. Goodrich, of Stockbridge; Charles Allen, of Worcester; George S. Boutwell, of Groton; Francis B. Crowninshield, of Boston; Theophilus P. Chandler, of Brookline; John M. Forbes, of Milton; and Richard B. Waters, of Beverly.

These gentlemen were distinguished for their integrity and general ability; and in them the State felt that her principles would be faithfully represented. This convention, on February 27th, submitted to Congress its plan of pacification; but this plan failed to pacificate those who would not be pacified those who were pledged to disunion and to war. Massachusetts, at least, had attempted conciliation.

On the 3d of April, 1861, the Legislature passed another resolve, authorizing the Adjutant-General to equip 2000 soldiers for active service. This resolution called out considerable ridicule from the opposition press; still, when the emergency came, the wisdom of the movement turned the ridicule to the other side. The following is a copy of the resolve:

"Resolve relating to the Equipment of Troops for Active Service. "Resolved, That the adjutant and acting quartermaster-general be, and he is hereby authorized, under the direction of the governor and council, to provide, either by contract or otherwise, a sufficient number of overcoats, blankets, knapsacks, haversacks and other articles of equipment, camp utensils, and trenching tools, as may be required to equip two thousand troops for active service, and a sum not exceeding twenty-five thousand dollars is hereby appropriated for that purpose. [Approved April 3, 1861."

The Governor's Message to the Special Session, May 14, 1861. The Governor, in April, immediately after the fall of Sumter, issued a proclamation calling together the members of the Legislature, to meet in their several chambers at noon of the 14th day of May. They met at the appointed time, in extra session. After convening, a joint committee from the two houses waited upon the Governor, and informed him that they were ready to listen to any communication that he had to make to them. The Governor met them, and in his characteristic style addressed them upon the momentous issues of the hour.

In his opinion, the occasion demands action, and not speech. A grand era has dawned, and nothing is perceived to discourage the American people. The federal government is compelled to assert its rightful authority by an appeal to the stout hearts and strong arms of loyal men. Massachusetts, by the unanimous acclaim of her people, has inspired all departments of her public service with a perfect devotion to the cause of the country, and it now remains only for the Legislature to carry out more perfectly the ideas of the people. This is no war of sections, no war of North on South; no war to avenge former wrongs, nor to perpetuate ancient griefs. It is the struggle of a people to vindicate their own rights, to retain and invigorate the institutions of their fathers. The guns pointed at Sumter announced to Major Anderson and his men their introduction into the noble army of heroes of American history.

The Proclamation of the President summoning the rebels to disperse, and the rally of the troops in Massachusetts, under all its circumstances of celerity of motion and brilliancy of results, is unexampled. The telegraphic message from Washington convinced him that no small dependence was placed upon Massachusetts to be early in the field, and no delay was permitted, for by 9 o'clock on the Sabbath morning following the Monday on which the first telegram was received, the whole number of regiments demanded from Massachusetts were already either in Washington, in Fortress Monroe, or on their way to the defence of the capital.

The war expenditures were unhesitatingly incurred. The Executive and his council understood and relied upon the temper of the people and the support of the Legislature. Not only had they supplied present, but had also anticipated coming wants in providing for military stores, clothing, equipments. All agents and departments of the service had sought economy no less than brilliancy and effectiveness in the sphere of gallant enterprise.

The disbursements in the military service, up to May 13th, were, for subsistence, $40,222 24; clothing, $90,823 22; equipments, $30.565 78; transportation of troops, $43,260 38; one half of steamer Cambridge, $45,000 00; one half of steamer Pembroke, $17,500; telegraphing. $272 76; making an aggregate of $267,645 18. this amount may be added $100,000 more to cover contracts for clothing and equipments contracted for, and also an amount for a contemplated purchase of arms in

To

Europe. The contracts in progress contemplated uniforms, &c. for new men. Nearly all these contracts and expenditures constituted a valid claim upon the federal govern

ment.

The Governor highly complimented private gentlemen, his military aids, and espe cially the council, which had been in session daily for the month previous. He also complimented the Quarter-Master General, who had rendered efficient service after his appointment to a new office, created for the occasion, under the constitution and the general statutes, so to relieve the Adjutant-General of a portion of his responsibilities. He recommended that an appropriation be made to cover expenses incurred, and others that might be made. On the 27th of April, he had commissioned and sent a citizen of Massachusetts to Europe to purchase the Minnie rifle, or other efficient arms as could be procured. For this purpose he had been furnished with a letter of credit to the amount of £50,000. The nautical school ship had also been fitted up, and presented by the collector of the port, with an aid to the revenue, with instruction to overhaul suspicious-looking vessels. A sense of insecurity along the coast, and the piratical demonstrations of Davis, induced them to purchase part of the steamers Cambridge and Pembroke for defence and transportation; the Cambridge, especially, had performed brilliant service in conveying troops to Fortress Monroe, and up the Potomac to Washington.

The next subject that engaged his attention was that of a State encampment. There were 129 newly enlisted companies in the active militia, induced to enlist by the prospect of being called immediately into the field. That these men might perfect themselves in their profession, so as to be of substantial service to the State, and that other citizens might be left to pursue, undisturbed, their various avocations in private life, and that the future might be efficiently provided against, and also in answer to the earnest solicitation of several citizens, he recommended the establishment of a State encampment. He made also several minor suggestions concerning the conduct of such an encampment, and gave the whole into the hands of the Legislature.

He also discouraged the practice of the towns in giving aid to the soldiers and companies forming in them. It not only became a desultory and inefficient method of rendering assistance, but also incapacitated the towns for rendering assistance to the families of the soldiers while they were away. The State was the proper authority to render any assistance necessary in forming the companies. He recommended the enrolling of the entire militia; also a popular loan to be effected by instalments as might be deemed expedient by the executive department; and the people of the State were exhorted to economy to provide against the necessities of the future.

In this address the Governor showed shrewdness and foresight in the various recommendations, and they generally met with the approval of the Legislature and the people.

Extra Session, May, 1862.

The Governor and Council, in prosecuting the preparations of the State to meet any emergency of war, made full use of the executive power in their hands. The necessities of the times, in their judgment, justified the use of that power. They relied fully upon the generosity and patriotism of the people to sustain them by any legislative action that was necessary to legalize all their acts. In this reliance they were not mistaken. When the Legislature came together in Extra Session, without opposition they commenced most appropriate legislation to support the previous action of the Executive powers. The act providing for the maintenance of the Union and the Constitution, legalizing the contracts, obligations and agreements made by the Governor and Council, providing for a Union Fund, and the issuing of Government Scrip, &c., is as follows:

An Act to provide for the Maintenance of the Union and Constitution.

Be it enacted, &c., as follows:

SECT. 1. The contracts, obligations and agreements heretofore made by the governor or the executive council, or any officer or person, with his or their sanction and authority, and all expenditures, payments, and disbursements made by the governor or the council, or under his or their authority and direction, for the furnishing of troops for the defence of the United States, or for arming, equipping and disciplining, and for the transportation and subsistence of the militia of this Commonwealth, or in any way connected therewith, are hereby ratified and confirmed, and all acts done by the governor and the council, or under his or their direction, are hereby approved, ratified and confirmed.

SECT. 2. The governor, with the advice of the council, is hereby vested with full power and authority to take such measures as may be deemed best to provide for the arming, equipping and disciplining, and for the transportation and subsistence of so much of the military force of this Commonwealth as may, in his judgment, be needed for defending, sustaining and maintaining in its full integrity the authority of the government of the United States, and the constitution and the laws thereof; and to this end he may, with the advice of the council, appoint and commission all needful officers and agents, and may fix their rank and pay.

SECT. 3. The governor and council are hereby authorized and empowered to negotiate, adjust and settle all questions, accounts, matters and things between this Commonwealth and the United States, in any way arising from or growing out of the

contracts and expenditures in the preceding sections mentioned, and out of the expenditures which may be made under the provisions of any act to provide for the public defence, or for the discipline and instruction of a military force.

SECT. 4. The governor, with the advice of the council, is hereby authorized to pay out of the fund created under this act, any of the troops of this Commonwealth which have been or may be mustered into the service of the Unites States during the whole or any part of the time of such service, and to make any arrangements for the reimbursement of such payments out of the treasury of the United States, as may be agreed upon between him and the federal government.

SECT. 5. For the purpose of meeting the expenses incurred and to be incurred under this act, and any act to provide for the public defence, or for the discipline and instruction of a military force, in the third section of this act mentioned, there shall be created a fund which shall be called the Union Fund; and the treasurer of the Commonwealth is hereby authorized to issue scrip or certificates of debt, in the name and on hehalf of the Commonwealth, and under his signature and the seal of the Commonwealth, to an amount not exceeding three millions of dollars; and the proceeds of such scrip so issued shall be passed to the credit of said Union Fund, and the same is hereby appropriated for the purpose of paying all liabilities incurred or to be incurred under this act and the acts herein mentioned; and the governor is authorized, from time to time, to draw his warrant upon the treasurer for so much as may be needed.

SECT. 6. Such scrip or certificates of debt shall bear interest not exceeding six per cent. per annum, payable semi-annually, on the first days of January and July in each year, and may be issued at such times and in pieces of such amount as shall be fixed by the governor and council. All such scrip issued in pieces of five hundred dollars or over, shall have interest warrants attached thereto signed by the treasurer. Scrip for smaller sums shall be issued without such warrants, but bearing interest payable semiannually on presentment to the treasurer. Such scrip or certificates of debt shall be redeemable in not less than ten nor more than thirty years from the first day of July, A. D. eighteen hundred and sixty-one, and not more than five hundred thousand dollars shall be redeemable in any one year; and the same shall be countersigned by the governor, and be deemed a pledge of the faith and credit of the Commonwealth; the treasurer may, from time to time, dispose of so much of the same as shall be required, under the direction of the governor and council, and for that purpose shall advertise for proposals for so much of the same as may be needed, bearing interest at a rate not exceeding six per cent. per annum.

SECT. 7. This act shall take effect upon its passage. [Approved May 21, 1861. In addition to the foregoing, they passed another, authorizing the treasurer and receiver-general of the Commonwealth to issue certificates of debt in the name of the Commonwealth, for such sum, not exceeding seven millions, as the governor and council may direct. It is as follows:

An Act in addition to an Act to provide for the Maintenance of the Union and the Constitution.

Whereas, The people of Massachusetts regard with like feelings of loyalty and affection the government of the United States, and that of their own Commonwealth, and deem it fit that the arms of each should be strengthened by all which the other can give;

And whereas, Some emergency may arise during the recess of the legislature, in which the aid of Massachusetts may be of service to the general government in its financial arrangements: therefore

Be it enacted, &c., as follows:

SECT. 1. The governor, with the advice of the council, at any time during the recess of the legislature, should such emergency arise, is hereby authorized to direct the treasurer and receiver-general of the Commonwealth to issue scrip or certificates of debt in the name and on behalf of the Commonwealth, and under his signature and the seal of the Commonwealth, for such sums, not exceeding in the aggregate the amount of seven millions of dollars, payable at such times and with such interest, not exceeding six per cent. per annum, as the governor, with the advice of the council, may direct. Said scrip or certificates of debt may be expressed in the currency of Great Britain or of the United States, and made payable in London or Boston, as the governor, with the advice of the council, shall direct; the interest shall be payable semi-annually, and interest-warrants, signed by the treasurer and receiver-general, shall be attached thereto. Said scrip shall be countersigned by the governor of the Commonwealth, and be deemed a pledge of the faith and credit of the Commonwealth for the redemption thereof.

SECT. 2. The scrip to be so issued may be sold in such manner as the governor shall direct, and the proceeds thereof loaned to the government of the United States, or expended in purchasing from the government of the United States its treasury notes, or other evidences of indebtedness, or said scrip may be delivered to the secretary of the treasury of the United States in exchange for obligations of the United States government of corresponding amount..

SECT. 3. This act shall take effect upon its passage. [Approved May 21, 1861.

In addition to the foregoing, they passed the following provisions for a Sinking Fund, direct Taxation, &c., in connection with the scrip authorized.

An Act to provide for a Sinking Fund.

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:

SECT. 1. The treasurer and receiver-general shall, on the first day of January, in the year eighteen hundred and sixty-three, make a report to the legislature of the Commonwealth, of all scrip or certificates of debts issued pursuant to an act entitled "An Act to provide for the maintenance of the Union and the Constitution," and the act in addition thereto, passed at the present session of the legislature; he shall at the same time report the amount of all scrip or certificates of debt of the United States which shall have been received by this Commonwealth, from the United States, under the provisions of said acts or of either of them, and of the actual market value of said scrip or certificates of debt at the date of such report. All scrip or certificates of debt received under the provisions of said acts respectively, shall be pledged and held as a part of the sinking fund hereby created; and the principal of the same shall be applied for the redemption and payment of the scrip or certificates of debt issued under the act in pursuance of the provisions of which the same was received.

SECT. 2. There shall be raised by taxation, in each year, commencing with the year eighteen hundred and sixty-three, a sum equal to one-tenth part of the difference found by the report of the treasurer, as above provided, to exist between the amount of scrip or certificates of debt issued under said acts, and the actual market value of the amount of scrip or certificates of debt in the treasury of the Commonwealth, or stated in such report; and the sum so raised from year to year shall be pleged and held as a sinking fund, to be invested as the legislature shall direct, and applied for the redemption and payment of the scrip or certificates of debt issued by this Commonwealth, under the acts in the first section mentioned. [Approved May 21, 1861.

We also find the following, enabling banks to purchase these government securities. An Act to enable Banks to purchase Government Securities.

Be it enacted, &c., as follows:

SECT. 1. Loans directly made by any bank to the Commonwealth or to the United States, and notes or scrip of the Commonwealth or United States, held by any bank and directly purchased by such bank from the Commonwealth or United States, shall not be deemed debts due within the meaning of the twenty-fifth section of the fiftyseventh chapter of the General Statutes.

SECT. 2. This act shall take effect upon its passage. [Approved May 21, 1861.

In addition to this, they passed the following, providing for paying out of the Union Fund the troops of the Commonwealth which had been mustered into the service of the United States from the time of their reporting themselves under the order of the governor until they were mustered in.

An Act in further addition to An Act for the Maintenance of the Union and the Constitution.

Be it enacted, &c., as follows:

SECT. 1. The governor, with the advice of the council, is hereby authorized to pay out of the Union Fund any of the troops of this Commonwealth which have been mustered into the service of the United States during the time which elapsed from their reporting themselves for service, in pursuance of the order of the governor, and the time when they were actually mustered into the service of the United States; such pay shall be the same as that of the same troops in the service of the United States. He shall also have authority to pay such chaplains as have been or may be appointed to any of the regiments of the troops of Massachusetts which have been or may be mustered into the service of the United States, such pay to be the same allowed in the United States service.

SECT. 2. The governor and council shall have the same powers with regard to the expenditures provided in this act as are given them in the third section of the act to which this is in addition.

SECT. 3. This act shall take effect upon its passage. [Approved May 22, 1861. According to the suggestion of the governor, the Legislature provided as follows for the instruction of the military force of the State:

An Act to provide for the Discipline and Instruction of a Military Force.

Be it enected, &c., as follows:

SECT. 1. The governor, with the consent of the council, is authorized and empowered to establish one or more camps in suitable places within the Commonwealth, for the instruction and discipline of such military force as may be placed therein under the provisions of this act; and may procure suitable structures, tents, camp equipage, utensils, uniforms, arms, and equipments for the accommodation and use of not exceeding five regiments and one battery of artillery of six pieces; and may, from time to time, order into said camp or camps, to be kept therein for such period of time as he may deem expedient, any such companies or regiments now organized, or which shall be hereafter organized, not exceeding five regiments and one battery of artillery of six pieces, at any one time, as he may select, for the purpose of being instructed and disciplined.

SECT. 2. For the purpose of establishing such camp or camps, the governor, with the advice of the council, shall have power to contract for the use and occupation of the land needful therefor, with the owners thereof, at such a rate of rent or compensa

« PreviousContinue »