(June 20th.

the United States provides “ that congress shall executive council, that they had better not have power to call forth the militia to execute the magnify their institution. I feel a little dellaws, suppress

insurrections, and repel invasions.” icate, having had something to do with the The congress of 1795 details the powers and militia of the Commonwealth, to say much at rights of the president of the United States in this time, because I think that hint might be well relation to calling out the militia of the several taken and acted upon by myself. While they States. You have the decision of the Supreme magnify their own office to such an extent, I Court upon that question. Then the fourth pray them and my friend for Abington, (Mr. section of article fourth of the Constitution of the Keyes,) not to detract from the other institution, United States provides that the “United States which, among the people, is considered quite as shall guarantee to every State in this Union a useful and quite as ornamental as that which republican form of government, and shall protect they so much be-laud and be-praise. I only rose each of them against invasion; and on application to speak for a moment, upon the seventh resoluof the legislature or of the executive (when the tion so far as regards the amendment proposed by legislature cannot be convened) against domestic the gentleman from Boston, (Mr. Hopkinson,) violence.” Congress has passed an act calling and as regards the amendment shadowed forth by out the militia to protect every State against the gentleman from Natick, (Mr. Wilson,) which invasion, but it has made no provision in regard to is to add to the seventh resolution, “ that these a second request or application of the legislature powers be exercised according to the rules and for aid against domestic violence. The Supreme regulations of the Constitution and laws of the Court of the United States in the seventh of How- Commonwealth.” I believe I do not misunderard's Reports, in the case of Luther vs. Borden, stand the gentleman from Boston. There is no have settled precisely what the powers of the reason for adopting such an amendment as is congress of the United States and the president proposed by that gentleman, because we have alof the United States are under that provision of ready adopted a form of oath of allegiance and the Constitution. So that everything is now official duty which requires every officer, the govdistinctly settled, with regard to the relative ernor included, to discharge and perform all the powers of the Commonwealth and the United duties incumbent upon him as governor, accordStates. I certainly must express my admiration ing to the best of his abilities and understanding, that the gentleman from Lawrence, who does not and agreeably to the rules and regulations of the profess to be legally trained to matters of this sort Constitution and laws of the Commonwealth. should have so happily hit the very thing needed That being a portion of each military officer's offiin the amendment which he has presented, and I cial oath, and a portion of the oath of the comam prepared to support it with this brief expres-mander-in-chief, I cannot see any necessity for sion of my views of what the military powers of adding it again to the seventh section. Every offithe State and congress of the United States are. cer is now sworn to exercise his duty here, and I hope, therefore, that the amendment will stand carry out his office agreeably to the laws of the as it is, and if it is calculated to give confidence to Commonwealth, and the rules and regulations of that class of our citizens to whom we are so much the Constitution, so that there can be no need of indebted for the protection of those laws which the amendment submitted by the gentleman from secure person and property, then I shall have an Boston, and there can be no need of the amendadditional reason for supporting this amendment ment foreshadowed by the gentleman from Naand placing it distinctly before the people for their tick, (Mr. Wilson). I have another reason why adoption, so that when the occasion arises if it I wish the resolve to stand as it is, and why I should ever arise, it will be for the Common- do not wish the amendment of the gentleman wealth of Massachusetts to say whether she stands from Essex, (Mr. Bradford,) should be adopted, in an elevated position in perfect harmony with and it is this. Not that I am called upon to inthe Union in all her constitutional and legal dulge in an eulogium upon the militia. When enactments. I trust that we shall now take from the hour of darkness, danger and trial comes, the Constitution the only relic which remains and then the militia of this State will speak for themfrom which there arose a conflict between Massa- selves, and will need no advocate. Then the chusetts and the United States.

universal sense of reliance which every man Mr. BUTLER, of Lowell. I feel that I ought feels, when he hears the tap of the drum and the to apologize to the Committee and Convention, steady tramp of the soldier, that the laws will be for saying one word upon this subject, and preserved, will be their best argument and deit shall be but a word, after a hint which I fence, for I trust in this Commonwealth they gave to gentlemen who had filled seats in the need no defence. While I agree with the feeling



(June 20th.

which prompted my friend from Lawrence, (Mr. I do not believe that to be equivalent to the word Parsons,) who was not a member of the Commit- “halt." (Laughter.] I believe that the militia tee, to say, that leaving the militia out of the should be carried out of the Commonwealth, Constitution might affect 5,000 votes against the when it is necessary, under the orders of the Constitution, I doubt somewhat whether it would commander-in-chief, and when it is necessary in affect any. If we are left out of the Constitution, the service of the United States, that they shall it will be not because we are undervalued, but be consolidated, under the laws of the United because it is supposed that the Constitution of the States, with the United States troops. They are United States provides for us a place. I have the United States troops when they are here. honor to adopt the argument which I have used The gentleman from Boston shakes his head. before in the Convention, in a quotation from I trust he does not suppose that I mean by that, Judge Parker, that the Constitution should be they are the enlisted regular troops of the United made first in conformity with the United States, States; but they are citizens of the United States, and then it should be made as it would be if we organized and enrolled for the defence of the were not in the Union, so that if the time should United States ; and as such, they are United ever come, which I hope never may come, that States troops to repel invasion into the United we shall be cut loose from the Union, we shall States, or insurrection against its government. then have a frame of government to fall back And if the gentleman will only look back to the upon by ourselves, if we must go on alone. That time when General Lee marched a large force is the reason why I am willing to retain the words under the command of Washington, to suppress here properly put in by the Committee, “ army the insurrection in Pennsylvania, Western Virand navy." We cannot have either army or ginia and Ohio, I think he will not shake his navy, but still it is well that the words “ army head. When those troops of Maryland and Pennand navy" should stand, because it may be that sylvania marched for that purpose under the some day or other we may have to go alone, and command of General Lee, by the order of then we shall have a Constitution ready made to George Washington, if they were not United our hands, and ready for our use. But again, I States troops, what were they? They were Unitam opposed, particularly, to the amendment of ed States troops to all intents and purposes for the gentleman from Essex, (Mr. Bradford,) for preventing insurrection against the laws of the the reason that I do not want to adopt anything United States. which shall, for a moment, seem to be in possible But I wish it for another reason. We put our. conflict with the laws of the United States. I selves in so antagonistic an attiude in 1812, and do not want, in any degree, while we are ready have retained this provision in our Constitution to go alone, if need be, which I hope never may ever since, that it has given some excuse to the be, any provision in this Constitution that will United States government to delay the payment put us aside or out of the Union. I trust I may of a just claim that we have for our services be spared a few observations upon this point, for during the war of 1812. It is because we have I am not one of those who are always crying the that in our Constitution which we do not mean Union is in danger. I am rather content to let to enforce, and never did mean to enforce, in the my actions speak for themselves. I trust I may form which the language would indicate. I hope be pardoned, when I say that I believe the con- it will be removed ; and I am glad to add my struction which would be put upon this proviso, testimony, so far as it is of any value, to the very in times of high party excitement, or in such happy and able manner in which the Committee times as the war of 1812, or in times when men on the Militia have discharged their duty in putwere failing to do their duty, might bring us in ting before us these resolves. conflict with the United States, and I would not, I am glad to see another thing, of which I will therefore, say that the militia is the militia of the speak, with your leave; which is, that we have Commonwealth of Massachusetts, and not the popularized the institution, that we have made militia of the Union ; not that I have any fears, every officer in it except the mere staff-officers, nor do I believe that the militia of Massachusetts elective by their commands, so that in this State would ever be taken out of Massachusetts, for at least, a man from the lowest in the ranks, the purpose of carrying on a foreign war. I may be elected by a majority of the votes of his know of no such power. I believe none ever companions in arms, elected to the highest office. will or can be exerted, but I do believe, that, Heretofore, the major-general was elected by the when we are pursuing an enemy, we should not legislature. Why, I never could see. The stop because we run against a three-cornered troops could elect all the officers up to majorstone somewhere, which may mark a State line. I general, and then the legislature came in. I am Monday,]


[June 20th

glad to see now that the major-general is to be meeting was called in the evening, near this church, elected by the troops. Now, all the officers, when a collection of thousands assembled at the from a corporal up to the commander-in-chief, place of rendezvous. Most of them were from are to be elected by the soldiery, making a com- without the city, and bands of them were there plete and perfect system. I trust the resolution for no good purpose. As they were upon the will not be amended, and I trust my friend from ground, I take it by the natural law of mobs, Essex, (Mr. Bradford,) will see cause to withdraw they began by being noisy, then became excited, his amendment. If he does not, I hope the and at length were ready for any desperate puropinion of the Committee will be that it shall not pose. A strong police force were present, and be reported to the Convention. I hope the reso- for a time kept the crowd at bay, but severe conlution will pass without any further amendment. tests took place, and the mob at length proceeded

Mr. FROTHINGHAM, of Charlestown. I to tear down fences and old buildings, and to do not intend to detain the Convention but a break up the remains into billets with which to few moments in reference to this matter ; and fight the police. At this point, each man of the rose to say that I shall vote for the seventh section mob, so armed, was equal to each man of the poas it stands. And had not the gentleman for lice, and the danger became threatening. What, Wilbraham and the gentleman from Lowell, in such a case, would have been sufficient for gone so fully into those old matters in relation to protection but military force ? It was at such a the conflict between this State and the United time, at such a crisis, when this mob, thus ugly, States, in times past, I should have alleged some were hooting and yelling and struggling, and this of the reasons which they have alleged, against ordinary police were about to be overpowered, the amendment proposed by the gentleman from that I had the pleasure to hear the tap of the Essex. What they have said, however, has been drum, that has been spoken of, and to see the conclusive, and therefore, it is that I shall vote steady march of the volunteer corps of Charlesagainst the amendment.

town, who had at the call of the law promptly And now that I am up, allow me to say a few paraded, armed with powder and ball, as it words in reference to what has fallen from the pressed through that infuriated mob. That was gentleman from North Brookfield, (Mr. Walker.) the armed representation of the majesty of the I understood him to say that although he should law. The effect was electrical. The mob before vote for the Report of the Committee, yet still it it shrunk into silence, and the peace and reputawas rather his opinion that a sufficient police tion of the city were preserved. That was what force in cases of emergency would serve every was done within a short time; and I feel as though purpose to protect the public peace.

I could not sit here without bearing a grateful Mr. WALKER. I will explain what I said, tribute to the organized militia for their services I that on that occasion.

and I said that so far as they answered that purpose to this matter. Our organized militia has been they were very important.

an institution here from the very first of our hisMr. FROTHINGHAM. I am glad to concur tory, and it has always seemed to be somewhat in saying that the military force has proved a very remarkable that it was so. It was an institution excellent police force, and very important in more of nearly a hundred and fifty years standing when cases than one; and I feel as though I should not the revolutionary war broke out. Then and there do my duty, sitting here and hearing the remarks it was almost as perfect as it is to-day; and the which have been made in reference to the military far seeing men of that time seized hold of it, and organization of the Commonwealth, were I not to turned it to a good account; and I never yet have bear a feeble but grateful tribute for the manner heard the day of Lexington, nor the day of Bunin which this organization, at the call of the law, ker Hill accounted for in any satisfactory manmet and preserved the public peace on a recent ner, without taking into view that old institution occasion.

--the volunteer soldiery of Massachusetts. And Sir, this was at a time when the police, a when gentlemen undertake to account for the well organized police in Charlestown, was not deeds we have done, let them not stop until they sufficient to protect the public peace. It was a have gone past our revolutionary history, and up time when the public mind was much inflamed, to the beginning, and then they will see where in consequence of the abstraction of a girl from the foundation was laid which led to the establishCharlestown, and demonstrations were made ment of our liberty, and how it was that our reyagainst one of the churches of that city. By olutionary militia proved themselves an honor to means of the circulation of a hand bill, a public | the Commonwealth of Massachusetts.



(June 20th.

Mr. BALL, of Upton. I do not intend, Mr. I have heard urge young men with such earnestChairman, to detain the Committee but a mo- ness to take a high moral stand. I say, Sir, I was ment. I believe every gentleman who has ad- surprised to hear him speak in such high terms dressed this body for the last half hour has made of the active militia of to-day. It did seem to me the same remark. But I do not really intend to as though we were making speeches for Bundetain the Committee but for a very few mo- combe. But I should like to put a question to ments, at least; and I should not, an humble him. Supposing he was about to send a young member as I am of this Convention, have ven- son of sixteen years of age into Boston, I ask him tured to address it at all on this subject, had I not whether he would advise him to join the Chrisfelt called upon, as the subject has assumed the tian Association of Young Men, or whether he aspect which it has.

would advise him to enlist into one of the active I was pleased when I heard the chairman of militia companies of Boston. Would he not do the Committee declare so emphatically his feeling the first, and scorn, as a prudent Christian father, with regard to the war spirit. I was glad to to do the last. hear him speak in such strong terms. I believe Do not gentlemen know? I have been behind that the war spirit is wrong, and for that very the scenes in my life. I was once a citizen of reason, I say I was glad to hear him use such Cambridge, and was intimately connected with terms as he did. But I believe not only in faith some of the people of Boston, and I was then but also in works; and, although it may appear often behind these military scenes.

And I can that I am now out of order, I think I shall prove tell the gentlemen who have spoken in such terms to you in the end that I am coming to the point. in regard to the militia, that those blackened

The gentleman has presented us with the faith ruins on yonder eminence, caused by a reckless which I love ; now let us have the works. mob, are but a result of the spirit that is often The truth is, that our militia has been only a sort fostered in the hearts of some men connected of manufactory of candidates for political offices with the militia of the country. for the last ten or fifteen years. I am well aware, I know that a man's political fate is sealed, as the gentleman who spoke so strongly in favor who dares speak against the militia; and my of the militia, that in the hour of danger they are worthy friend for Abington, (Mr. Keyes,) has ready to come to our defence. But, Sir, I could

one claim to the political favor of Massachusetts, point to a thousand private individuals in the city that I was not aware of; and next fall, if I have of Boston who, if they had known they would be

the pleasure of electioneering for him, if he will called upon in the time of trial, would have been

honor me with his title, whether it be captain, there armed and ready steadily to sustain that major or colonel, I am sure that I can get for him gentleman in the discharge of his official duty, as a thousand more votes for the title. But after the militia of which he has spoken in such high all, who does not know that this nourishing of our terms. But now, under the old Constitution, the

present active militia is fostering the war spirit, war spirit has gone out. Our militia has seemed

and that its great work is to manufacture these to be failing day by day and year by year, and titles for men that they may be candidates for that seemed to me to be the very thing which the political offices? Is it not well known that this gentleman, the chairman of this Committee, is the fact? I know this may be speaking wished-peace-man as he declared himself to be strongly, but it is because I believe it; and it is He says he shall be glad to see the day when it

for that reason that I would crush this spirit if will not be needed. Needed? It will be needed possible. I want, as was said, by another gentlejust as long as you foster this accursed spirit of man, a more voluminous vernacular, not only to war.

speak of the war spirit itself, but to speak of this I ask him why, in Heaven's name, he is willing detestable feeling of good men which is at work to foster it, every day and every hour, by in the hearts of the men of this country who are decking out men with caps and feathers, and willing to foster this spirit. As a minister of the marching them about to the sound of martial gospel, in Heaven's name, I say, let us crush, if music-so thrilling, and with attractions that possible, let us crush that spirit. I could take awaken a love of the pomp and glory of war, and these gentlemen behind the scenes—though it is a entrap young men into its hellish spirit. And I long time since I was there—and I would like to was surprised--I speak with respect, for from a take some of these gentlemen whom I know to boy I have looked to him as one whose advice be Christians there, that they may see for themwas to be followed-when I heard the gentleman selves, and that I might show them what habits from Pittsfield, (Mr. Briggs,) whom I have heard are fostered in the hearts of these young men speak in such earnest tones to young men—whom I who are in the active militia which is spoken of Monday,]

BIRD - Banks.

(June 20th.

in such eloquent terms, terms which I could not army who were called out. I understand that it use if I would, and which I would not if I could. was the latter.

For these reasons, when the time comes, I shall Mr. BIRD. I presume it makes very little be able to get over all the difficulties which gen- difference to those who were shot whether the tlemen find in this Report, by moving that this bullets came from the volunteer militia cr from Committee report to the Convention that it is the red coat regulars. The question is, on the inexpedient to legislate on the subject referred to necessity of a military force to preserve peace; and the Standing Committee.

I do not think it makes much difference what Mr. BIRD, of Walpole. I did expect, Mr kind of military force you call in, whether those Chairman, when I saw my friend from Lowell, who make fighting a trade by which they get (Mr. Butler,) rise to address the Committee, that their living, or those who only turn out occasionally

should certainly have his powerful aid in sup- and shoot people as volunteers, or move correctly port of a portion of the sentiments which I ex- as amateurs. To come back to the Montreal pressed this morning, for I remembered how affair. The military were called out, and they bravely he defended the doctrine of State Rights fired upon and killed some twenty, thirty or forty here two weeks ago; but at the moment I forgot people. Was this done to suppress violence or to two things. One is, that the gentleman bears preserve peace ? No, Sir! The riot was all over some sort of a military commission; and the other before they killed a man. Who were the men is, that for something like two weeks he has been that were killed ? Were they rioters ? No! They absent from our deliberations, and I imagine that were the quiet, unoffending Protestant citizens he has been studying questions of constitutional who were coming out of the church, and the millaw, at Washington, under teachers who did not itary fired over the heads of the rioters upon the get their education in Massachusetts.

peaceable citizens. These are the facts in regard There is a vast deal of cheap enthusiasm here to the matter. about our volunteer militia. I have no quarrel Now who takes the responsibilty of the affair ? with gentlemen about that. Let those with whose The mayor says that he did not order the troops to tastes it accords or who want votes, indulge in fire; the commanding officer says that he gave no glorification of the militia. I have no taste for it, orders to them to fire-nobody ordered them to and I want no votes. Gentlemen talk about the fire. The fact was, the military came there and necessity of a military power, in order to preserve

fired without orders and murdered some twenty peace. Why, Sir, nobody denies that. Nobody or thirty citizens after the riot was all over; and has denied it here; and that is not the question this is the way the military preserve peace, is it? which we are now considering. The gentleman Why, Sir, there was hardly a single Catholic citifrom Waltham, (Mr. Banks,) spoke about a mili- zen killed—I do not speak of Catholics in vidiously tary force being required in Montreal, the other —but it is perfectly well known to every-body day; but it seemed to me that he was rather that the rioters were Catholics, and the people unhappy in making use of that illustration; for who were coming out of the church and who were the fact was that the only good the military did fired upon and killed were nearly every one of was, that after the riot was ended, they shot down them Protestants. some twenty or thirty innocent persons.

Let us take another instance—the great ChartMr. BANKS. It the gentleman will permit ist demonstration in England. I do not know me, I will correct him in one particular. I did that there was any danger of rebellion or revolunot speak of the military in that connection in tion there, but it was regarded by many that there which he seems to understand me but what I was danger; and how was it prevented ? By the said was, alluding to the riots in Montreal, that standing army of England ? By no means. It the military might be called upon in such cases was the citizen police of England. If the people here. If the gentleman understood me to say had not shown that they were in favor of the that the military afforded efficient protection in preservation of law and order, do you suppose the particular case referred to, he misapprehended that the soldiery could have stood against that what I designed to say.

demonstration and quelled it? It could not have Mr. BIRD. I certainly understood the gentle- been done for a single moment. No, Sir! it was the man to refer to the riots in Montreal, and to the people of England—the law-abiding, order-loving fact that the military were there called out. citizens, who, by their moral force quieted the

Mr. BANKS. I spoke of the riots, but not of rising waves of tumult-holders of government the military in that connection.

stock, if you will, who were interested in the Mr. CHURCHILL, of Milton. I would like preservation of the government on account of the to inquire whether it was the militia or the regular national debt; but to whatever motives you at

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