USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 48
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Sixth. That if the justices of said courts shall sit and act during their present disqualified state, this county will support and bear harmless all sheriff's, constables, jurors and other offi- cers, who shall refuse to execute the orders of said courts. And it is earnestly recommended to all creditors to exercise all reasonable and generous forbearance to their several creditors, and to debtors, to discharge their just debts, with all possible speed; and we also advise all to submit their disputes to arbi- trators.
Seventh. That all collectors of taxes be advised to retain the public moneys in their hands until the civil government of the province is placed on constitutional ground, or till other- wise ordered by the proposed provincial congress.
Eighth. That those who have accepted seats at the council board, by virtue of a mandamus from the king and according to the late act of parliament for regulating the government of the Massachusetts Bay, have acted in direct violation of their duty to their country, and have thereby given great and just offence to this people-and that all who do not immediately re- sign their places at the board, be considered as obstinate and incorrigible enemies of the province.
Ninth. That the fortifications began and now erecting on Boston Neck are justly alarming to this country, and give us reason to apprehend some hostile intention against that town.
Tenth. That as our enemies have flattered themselves that they shall make an easy prey of this brave and hardy people, from a belief that they are ignorant of military discipline; we therefore, for the honor, defence and security of this county and province, advise, (as it has been proposed to take away the
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commissions of officers of the militia) that those who now hold commissions, and such others as are worthy and friends of the rights of the people be elected by the militia, in the several towns, and that all the citizens who are qualified use their utmost diligence to acquaint themselves with the art of war, and do meet for that purpose, at least once a week.
Eleventh. That during the present hostile appearance on the part of Great Britain, notwithstanding the many insults and op- pressions, which we most sensibly resent ; yet, nevertheless, from affection to his majesty, which we have at all times cher- ished, we will act merely on the defensive, so long as such con- duct may be vindicated by reason and the principles of self-pre- servation, and no longer.
Twelfth. That as we understand it is intended to apprehend sundry persons of this county who have rendered themselves conspicuous in contending for the violated rights and liberties of their country, we do recommend, if such an audacious measure should be put in practice, to seize and keep in safe custody every servant of the present tyrannical and unconstitutional government in the county and province, till the persons so ap- prehended be liberated, and be restored safe and uninjured to their friends and families.
Thirteenth. That the exigencies of our public affairs demand that a provincial congress be called, to concert such measures as may be adopted and vigorously prosecuted by the whole peo- ple; and we do recommend it to the several towns in this coun- ty to choose members for such a provincial congress, to be holden at Concord on the second Tuesday of October.
Fourteenth. That confiding in the wisdom and integrity of the continental congress, now sitting in Philadelphia, we will pay all due respect and submission to the measures recommend- ed by them to the colonies, for the restoration and establish- ment of our just rights, civil and religious, and for renewing that harmony and union between Great Britain and the colo- nies, so earnestly desired by all good men.
Fifteenth. That, whereas the universal uneasiness which prevails among all orders of men, arising from the wicked and oppressive measures of the present administration, may influ -. ence some unthinking persons to commit outrages on private property, we would earnestly recommend to all persons of the community, not to engage in any routs, riots, or licentious at- ยท tacks on the property of any persons whatever; as being sub- versive of all order and government; but by a steady, manly, uniform and persevering opposition, to convince our enemies, that, in a contest so important, in a cause so solemn, our con- duct shall be such as to merit the approbation of the wise and good, and the admiration of the brave and free, of every age and every country.
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See page 265. John Adams was appointed first, or chief justice of the superior court in November, 1775. This appoint- ment has not been usually noticed, in the accounts published of justices of that court in Massachusetts. It does not appear that Mr. Adams declined immediately, as Mr. Paine and Mr. Reed did. But his duties, as a member of the continental con- gress, did not permit him to give much time to his office as judge; and sometime in 1776 he resigned it.
See page 277. A CONSTITUTION and form of government for the State of Massachusetts Bay, agreed upon by the convention of said state, February 28, 1778; to be laid before the several towns and plantations in the state, for their approbation or dis- approbation.
State of Massachusetts Bay, In Convention, February 28, 1778.
Whereas, upon the declaration of independence, made by the representatives of the United States, in congress assem- bled, by which all connexions between the said states and Great Britain were dissolved, the general assembly of this state thought it expedient, that a new constitution of government for this state should be formed; and, apprehending that they were not invested with sufficient authority to deliberate and deter- mine upon so interesting a subject, did, on the fifth day of May, 1777, for effecting this valuable purpose, pass the follow- ing resolve:
" Resolved, That it be, and hereby is recommended to the several towns and places in this state, empowered by the laws thereof, to send members to the general assembly, that, at their next election of a member or members to represent them, they make choice of men, in whose integrity and ability they can place the greatest confidence; and, in addition to the common and ordinary powers of representation, instruct them with full powers, in one body with the council, to form such a constitu- tion of government as they shall judge best calculated to pro- mote the happiness of this state; and when completed, to cause the same to be printed in all the Boston newspapers, and also in handbills, one of which to be transmitted to the selectmen of each town, or the committee of each plantation, to be by them laid before their respective towns or plantations, at a regular meeting of the inhabitants thereof, to be called for that purpose, in order to its being, by each town and plantation, duly consid- ered, and a return of their approbation or disapprobation to be made into the secretary's office of this state, at a reasonable time, to be fixed upon by the general court; specifying the
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numbers present at such meeting voting for, and those voting against the same; and, if upon a fair examination of said returns, by the general court, or such a committee as they shall appoint for that purpose, it shall appear, that the said forni of govern- ment is approved of by at least two thirds of those who are free, and twenty-one years of age, belonging to this state, and pre- sent in the several meetings, then the general court shall be empowered to establish the same as the constitution and form of government of the state of Massachusetts Bay; according to which the inhabitants thereof shall be governed in all suc- ceeding generations, unless the same shall be altered by their express direction, or at least two thirds of them. And it is fur- ther recommended to the selectmen of the several towns, in the return of their precepts for the choice of representatives, to signify their having considered this resolve, and their doings thereon: "
And whereas the good people of this state, in pursuance of the said resolution, and reposing special trust and confidence in the council and in their representatives, have appointed, author- ized, and instructed their representatives, in one body with the council, to form such a constitution of government as they shall judge best calculated to promote the happiness of this state, and when completed, to cause the same to be published for their inspection and consideration:
We, therefore, the council and representatives of the people of the state of Massachusetts Bay, in convention assembled, by virtue of the power delegated to us, and acknowledging our dependence upon the Allwise Governor of the universe for direction, do agree upon the following form of a constitution of government for this state, to be sent out to the people, that they may act thereon, agreeably to the aforesaid resolve.
I. There shall be convened, held, and kept, a general court, upon the last Wednesday in the month of May of every year, and as many other times as the said general court shall order and appoint: which general court shall consist of a senate and house of representatives, to be elected as this constitution here- after directs.
II. There shall be elected annually a governor and lieutenant governor, who shall each have, by virtue of such election, a seat and voice in the senate; and the style and title of the gov- ernor shall be His Excellency; and the style and title of the lieutenant governor shall be His Honor.
III. No person shall be considered as qualified to serve as governor, lieutenant governor, senator or representative, unless qualified respectively at the time of their several elections as follows, viz: The governor and lieutenant governor shall have been inhabitants of this state five years immediately preceding the time of their respective election; the governor shall be pos-
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sessed, in his own right, of an estate of the value of one thou- sand pounds, whereof five hundred pounds value, at the least, shall be in real estate, within this state; the lieutenant gover- nor shall be possessed, in his own right, of an estate of the value of five hundred pounds, two hundred and fifty pounds thereof, at the least, to be in real estate, within this state: a senator shall be possessed, in his own right, of an estate to the value of four hundred pounds, two hundred pounds thereof, at the least, to be in real estate, lying in the district for which he shall be elected. A representative shall be possessed, in his own right, of an estate to the value of two hundred pounds, one hundred pounds thereof, at the least, to be in real estate lying in the town for which he shall be elected. Senators and rep- resentatives shall have been inhabitants of districts and towns for which they shall be respectively elected, one full year im- mediately preceding such election; provided, that when two or more towns join in the choice of a representative, they may choose an inhabitant of either of said towns, being otherwise qualified as this article directs.
IV. The judges of the superior court, secretary, treasurer general, commissary general, and settled ministers of the gos- pel, while in office; also all military officers, while in the pay of this or the United States, shall be considered as unqualified for holding a seat in the general court; and the judges and re- gisters of probate, for holding a seat in the senate.
V. Every male inhabitant of any town in this state, being free and twenty-one years of age, excepting negroes, Indians, and mulattoes, shall be entitled to vote for a representative or representatives, as the case may be, in the town where he is resident; provided he has paid taxes in said town (unless by law excused from taxes) and been resident therein one full year, immediately preceding such voting, or that such town has been his known and usual place of abode for that time, or that he is considered as an inhabitant thereof: and every such inhab- itant qualified as above, and worth sixty pounds clear of all charges thereon, shall be entitled to put in his vote for gover- nor, lieutenant governor, and senators: and all such voting for governor, lieutenant governor, senators, or representatives, shall be by ballot, and not otherwise.
VI. Every incorporated town within this state shall be enti- tled to send one representative to the general court: any town having three hundred voters may send two; having five hundred and twenty voters may send three; having seven hundred and sixty may send four; and so on, making the increasing number necessary for another member, twenty more than the last imme- diately preceding increasing number, till the whole number of voters in any town are reckoned. And each town shall pay the expense of its own representative or representatives; and the
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inhabitants of any two or more towns, who do not incline to send a representative for each town, may join in the choice of one, if they shall so agree.
VII. The selectmen of each town shall some time in the month of April, annually, issue their warrant or warrants, under their hands and seals, directed to some constable or constables, within their towns, respectively, requiring him or them to no- tify the inhabitants qualified to vote for a representative, to assemble in some convenient place in such town, for the choice of some person or persons, as the case may be, to represent them in the general court the ensuing year: the time and place of meeting to be mentioned in the warrant or warrants for call- ing such meeting. And the selectmen of each town respect- ively, or the major part of them, shall make return of the name or names of the person or persons elected by the major part of the voters present, and voting in such meeting, to represent said town in the general court the ensuing year, into the secre- tary's office, on or before the last Wednesday of May then next ensuing: and when two or more towns shall agree to join for such choice, the major part of the selectmen of those towns shall, in the manner above directed, warn a meeting to be held in either of the said towns, as they shall judge most convenient, for that purpose, and shall make returns as aforesaid, of the person chosen at such meeting.
VIII. The number of senators shall be twenty-eight, (exclu- sive of the governor and lieutenant governor) their election shall be annual, and from certain districts, into which the state shall be divided, as follows, viz: The middle district to contain the counties of Suffolk, Essex, and Middlesex, within which ten senators shall be elected: the southern district to contain the counties of Plymouth, Barnstable, Bristol, Dukes county and Nantucket, within which six senators shall be elected: the western district to contain the counties of Hampshire, Wor- cester, and Berkshire, within which eight senators shall be elected: the northern district to contain the counties of York and Cumberland, within which three shall be elected: the east- ern district to contain the county of Lincoln, within which one shall be elected. And as the numbers of inhabitants in the several districts may vary, from time to time, the general court shall, in the way they shall judge best, some time in the year one thousand seven hundred and ninety, and once in twenty years ever after, order the number of the inhabitants of the several districts to be taken, that the senators may be ap- portioned anew to the several districts, according to the num- bers of the inhabitants therein. And the general court may, at such new appointment, increase the number of senators to be chosen as they may see fit; provided that the whole number shall never exceed thirty-six, exclusive of the governor and lieutenant governor.
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IX. The inhabitants of the several towns in this state, quali- fied as this constitution directs, shall, on the first Wednesday in the month of November, annually, give in their votes in their respective towns, at a meeting which the selectmen shall call for that purpose, for senators for the year ensuing the last Wednesday in May then next. The votes shall be given in for the members of each district separately, according to the fore- going apportionment, or such as shall be hereafter ordered; and the selectmen and town clerk of each town shall sort and count the votes, and, by the third Wednesday in December then next, transmit to the secretary's office, a list certified by the town clerk of all the persons who had votes as senators for each district at such meeting, and the number each person had, af- fixed to his name. The lists, so sent in, shall be examined by the general court at their then next sitting, and a list for each district of those voted for, to the amount of double the number assigned such district (if so many shall have votes) taking those who had the highest numbers, shall be made out and sent by the first of March, then next after, to the several towns of this state, as a nomination list, from which said towns shall, at their meetings for the choice of governor in the month of May, vote for the senators assigned the respective districts; which votes shall be counted and sorted and lists certified as before direct- ed, made out and sent in to the secretary's office, by ten o'clock in the forenoon of the last Wednesday in said May, and not afterwards; which lists shall be examined by the house of representatives for the first time of the election of senators, and ever afterwards by the senate and house of representatives on said last Wednesday of May, or as soon after as may be; and those persons in each district, equal to the number assign- ed such district, who have the greatest number of votes, shall be senators for the ensuing year, unless it shall appear to the senate that any member or members thereof were unduly elect- ed or not legally qualified; of which the senate shall be the judges. And the senate, when so constituted, shall continue in being till another senate is chosen, and the members thereof gone through all the steps necessary to qualify them to enter on the business assigned them by this constitution.
X. There shall be forever hereafter, on the first Wednesday in the month of May annually, to be held, in each town in this state, a meeting of the inhabitants of such towns respectively, to give or put in their votes for governor, lieutenant governor, and senators; which meeting the selectmen shall cause to be notified in the manner before directed for the meeting for the choice of representatives: and the town clerk shall return into the secretary's office by ten o'clock in the morning of the last Wednesday of said May, and not afterwards, an attested copy of all the persons who had votes for governor and lieutenant 58
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governor respectively, certifying the number of votes each per- son so voted for had; which lists shall be, on said last Wednes- day of May, or as soon after as may be, examined by the sen- ate and house of representatives; and the persons who, on such examination, shall appear to have the greatest number of votes for those offices respectively, provided it be a majority of the whole number, shall be by the two houses declared governor and lieutenant governor, and entitled to act as such the ensuing year: and if no person shall have such majority for governor and for lieutenant governor, the senate and house of represent- atives shall, as soon as may be, after examining said lists, pro- ceed by joint ballot to elect a governor or lieutenant governor, or both, as the case may require, confining themselves to one of those three who had the greatest number of votes collected in the several towns for the office to be filled.
XI. If any person chosen governor, lieutenant governor, senator, or representative, whose qualifications shall be ques- tioned by any one member of the senate or house of represent- atives, within twenty-four days after his appearing to enter upon the execution of his office, shall not make oath before a senator, the speaker of the house of representatives, or some justice of the peace, that he is qualified as required by this constitution, and lodge a certificate thereof in the secretary's office, within ten days after notice given him of such questioning by the sec- retary, whose duty it shall be to give such notice, his election shall be void; and any person claiming privilege of voting for governor, lieutenant governor, senators, or representatives, and whose qualifications shall be questioned in town meeting, shall by the selectmen be prevented from voting, unless he shall make oath that he is qualified as this constitution requires; said oath to be administered by a justice of the peace, or the town clerk, who is hereby empowered to administer the same, when no justice is present.
XII. Whenever any person who may be chosen a member of the senate shall decline the office to which he is elected, or shall resign his place, or die, or remove out of the state, or be any way disqualified, the house of representatives may, if they see fit, by ballot, fill up any vacancy occasioned thereby, con- fining themselves in the choice to the nomination list for the district to which such member belonged whose place is to be supplied, if a sufficient number is thereon for the purpose; oth- erwise the choice may be at large in said district.
XIII. The general court shall be the supreme legislative authority of this state, and shall accordingly have full power and authority to erect and constitute judicatories and courts of record, or other courts; and, from time to time, to make and establish all manner of wholesome and reasonable orders, laws, and statutes; and also for the necessary support and defence of
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this government, they shall have full power and authority to levy proportionable and reasonable assessments, rates and tax- es; and to do all and every thing they shall judge to be for the good and welfare of the state, and for the government and or- dering thereof; provided nevertheless, they shall not have any power to add to, alter, abolish, or infringe any part of th s con- stitution. And the enacting style in making laws shall be " by the senate and house of representatives in general court assem- bled, and by the authority of the same."
XIV. The senate and house of representatives shall be'two separate and distinct bodies, each to appoint its own officers, and settle its own rules of proceedings; and each shal. have an equal right to originate or reject any bill, resolve or order, or to propose amendments to the same, excepting bills and re- solves levying and granting money or other property of the state, which shall originate in the house of representatives only, and be concurred or non-concurred in whole by the senate.
XV. Not less than sixty meinbers shall constitute or make a quorum of the house of representatives; and not less than nine shall make a quorum of the senate.
XVI. The senate and house of representatives shall have power to adjourn themselves respectively; provided such ad- journment shall not exceed two days at any one time.
XVII. The governor shall be president of the senate. He shall be general and commander-in-chief of the militia, and admiral of the navy of this state; and empowered to embody the militia, and cause them to be marched to any part of the state, for the public safety, when he shall think necessary; and in the recess of the general court, to march the militia, by advice of the senate, out of the state, for the defence of this, or any other of the United States; provided always, that the governor shall exercise the power, given him by this constitution, over the mili- tia and navy of the state, according to the laws thereof, or the resolves of the general court. He shall, with the advice of the senate, in the recess of the general court, have power to pro- rogue the same from time to time, not exceeding forty days in any one recess of said court; and in the sitting of said court, to adjourn or prorogue the said court to any time they shall de- sire, or to dissolve the same at their request, or to call the said court together sooner than the time to which it may be adjourned or prorogued, if the welfare of the state should require the same. He shall have power, at his discretion, to grant reprieves to condemned criminals for a term or terms of time, not exceeding six months. It shall be the duty of the governor to inform the legislature at every session of the gen- eral court, of the condition of the state; and, from time to time, to recommend such matters to their consideration, as shall ap- pear to him to concern its good government, welfare and pros- perity.
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XVIII. Whenever the person who may be chosen governor shall decline the trust, to which he is thereby elected or shall resign or die, or remove out of the state, or be otherwise dis- qualified, the lieutenant governor shall have the like power during the vacancy in the office of governor, as the governor is by this constitution vested with; and in case of a vacancy in the office of governor and lieutenant governor, the major part of the senate shall have authority to exercise all the powers of a governor during such vacancy; and in case both the governor and the lieutenant governor be absent from the senate, the senior or first senator then present shall preside.
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