USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 49
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49
XIX. All civil officers annually chosen, with salaries annu- ally granted for their services, shall be appointed by the gen- eral court, by ballot; each branch to have a right to originate or negative the choice. All other civil officers, and also all general, field, and staff officers, both of the militia and of the troops which may be raised by and be in the pay of this state, shall be appointed by the governor and senate: captains and subalterns of troops raised by and in the pay of the state to be also appointed by the governor and senate.
XX. The governor and senate shall be a court for the trial of all impeachments of any officers of this state, provided that if any impeachment shall be prosecuted against the governor, lieutenant governor, or any one of the senate; in such case, the person impeached shall not continue one of the court for that trial. Previous to the trial of any impeachment, the members of the court shall be respectively sworn, truly and impartially to try and determine the charge in question, according to evidence; which oath shall be administered to the members by the presi- dent, and to him by any one of the senate. And no judgment of said court shall be valid, unless it be assented to by two thirds of the members of said court present at such trial; nor shall judgment extend further than to removal of the person tried from office and disqualification to hold or enjoy any place of honor, trust, or profit, under the state: the party so convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to the laws of the state: and the power of impeaching all officers of the state for mal- conduct in their respective offices shall be vested in the house of representatives.
XXI. The governor may, with the advice of the senate, in the recess of the general court, lay an embargo, or prohibit the exportation of any commodity for any term of time, not exceed- ing forty days in any one recess of said court.
. XXII. The governor shall have no negative, as governor, in any matter pointed out by this constitution to be done by the governor and senate, but shall have an equal voice with any senator on any question before them; provided that the gover-
473
APPENDIX.
nor, or in his absence out of the state, the lieutenant governor, shall be present in senate to enable them to proceed on the business assigned them by this constitution, as governor and senate.
XXIII. The power of granting pardons shall be vested in the governor, lieutenant governor, and speaker of the house of representatives, for the time being, or in either two of them.
XXIV. The justices of the superior court, the justices of the inferior courts of common pleas, judges of probate of wills, judges of the maritime courts, and justices of the peace, shall hold their respective places during good behavior.
XXV. The secretary, treasurer general, and commissary general shall be appointed annually.
XXVI. The attorney general, sheriff's, registers of the courts of probate, coroners, notaries public, and naval officers, shall be appointed and hold their offices during pleasure.
XXVII. The justices of the superior court, justices of the inferior courts, courts of the general sessions of the peace, and judges of the maritime courts, shall appoint their respective clerks.
XXVIII. The delegates for this state to the continental congress shall be chosen annually by joint ballot of the senate and house of representatives, and may be superseded, in the mean time, in the same manner. If any person holding the office of governor, lieutenant governor, senator, judge of the superior court, secretary, attorney general, treasurer general, or commissary general, shall be chosen a member of congress, and accept the trust, the place which he so held as aforesaid, shall be considered as vacated thereby, and some other person chosen to succeed him therein. And if any person, serving for this state at said congress, shall be appointed to either of the aforesaid offices, and accept thereof, he shall be considered as resigning his seat in congress, and some other person shall be chosen in his stead.
XXIX. No person unless of the protestant religion shall be governor, lieutenant governor, a member of the senate, or of the house of representatives, or hold any judiciary employment within this state.
XXX. All commissions shall run in the name of the state of Massachusetts Bay, bear test, and be signed by the governor or commander-in-chief of the state, for the time being, and have the seal of the state thereunto affixed, and be attested by the secretary or his deputy.
XXXI. All writs issuing out of the clerk's office of any of the courts of law within this state, shall be in the name of the state of Massachusetts Bay, under the seal of the court from which they issue, bear test of the chief justice, or senior or
474
APPENDIX.
first justice of the court where such writ is returnable, and be signed by the clerk of such court. Indictments shall conclude "against the peace and dignity of the state."
XXXII. All the statute laws of this state, the common law, and all such parts of the English and British statute laws, as have been adopted and usually practised in the courts of law in this state shall still remain and be in full force until altered or re- pealed by a future law or laws of the legislature; and shall be accordingly observed and obeyed by the people of this state; such parts only excepted as are repugnant to the rights and privileges contained in this constitution; and all parts of such laws as refer to and mention the council shall he con- strued to extend to the senate. And the inestimable right of trial by jury shall remain confirmed as part of this constitution forever.
XXXIII. All moneys shall be issued out of the treasury of this state and disposed of by warrants under the hand of the governor for the time being, with the advice and consent of the senate, for the necessary defence and support of the gov- ernment, and the protection and preservation of the inhabi- tants thereof, agreeably to the acts and resolves of the general court.
XXXIV. The free exercise and enjoyment of religious pro- fession and worship shall forever be allowed to every denomi- nation of protestants within this state.
XXXV. The following oath shall be taken by every person appointed to any office in this state, before his entering on the execution of his office; viz: I, A. B., do swear (or affirm, as the case may be ) that I will bear faith and true allegiance to the state of Massachusetts ; and that I will faithfully execute the business of the office of agreeably to the laws of this state, according to my best skill and judgment, without fear, favor, affection or partiality.
XXXVI. And whereas it may not be practicable to conform to this constitution in the election of governor, lieutenant gov- ernor, senators, and representatives for the first year; there- fore,
The present convention, if in being, or the next general assembly, which shall be chosen upon the present constitution, shall determine the time and manner in which the people shall choose said officers for the first year; and upon said choice, the general assembly, then in being, shall be dissolved and give place to the free execution of this constitution.
By order of the convention,
JEREMIAH POWELL, President.
Attest,
SAMUEL FREEMAN, Clerk.
475
APPENDIX.
See page 330. NEW YORK, October 18, 1787.
Gentlemen-I have the honor to inclose, pursuant to my commission, the constitution proposed by the federal convention. To this system, I gave my dissent, and shall submit my ob- jections to the honorable legislature.
It was painful for me, on a subject of such national import- ance, to differ from the respectable members who signed the constitution. But, conceiving as I did, that the liberties of America were not secured by the system, it was my duty to oppose it.
My principal objections to the plan are, that there is no ade- quate provision for a representation of the people; that they have no security for the right of election; that some of the powers of the legislature are ambiguous, and others indefinite and danger- ous ; that the executive is blended with, and will have an undue influence over, the legislature; that the judicial department will be oppressive; that treaties of the highest importance may be formed by the president, with the advice of two thirds of a quorum of the senate; and that the system is without the secu- rity of a bill of rights. These are objections which are not local; but apply equally to all the states.
As the convention was called for " the sole and express pur- pose of revising the articles of confederation, and reporting to congress and to the several legislatures, such alterations and provisions as shall render the federal constitution adequate to the exigencies of government, and the preservation of the union," I did not conceive that these powers extended to the formation of the plan proposed; but the convention being of a different opinion, I acquiesced in it ; being fully convinced, that, to preserve the union, an eficient government was indispensably necessary; and that it would be difficult to make proper amend- ments to the articles of confederation.
The constitution proposed has few, if any federal features; but it is rather a system of national government: nevertheless, in many respects, I think it has great merit, and, by proper amendments, may be adapted to "the exigencies of govern- ment," and the preservation of liberty.
The question on this plan involves others of the highest im- portance-First, whether there shall be a dissolution of the fed- eral government? Secondly, whether the several state govern- ments shall be so altered, as, in effect, to be dissolved? And thirdly, whether, in lieu of the federal and state governments, the national constitution, now proposed, shall be substituted without amendment? Never, perhaps, were a people called on to decide a question of greater magnitude. Should the citizens of America adopt the plan as it now stands, their liberties may be lost. Or should they reject it altogether, anarchy may en- sue. It is evident, therefore, that they should not be precipi-
476
APPENDIX.
tate in their decisions; that the subject should be well under- stood, lest they should refuse to support the government, after having hastily adopted it.
If those who are in favor of the constitution, as well as those who are against it, should preserve moderation, their discus- sions may afford much information, and finally direct to a happy issue.
It may be urged by some, that an implicit confidence should be placed in the convention. But, however respectable the members may be who signed the constitution, it must be ad- mitted that a free people are the proper guardians of their rights and liberties; that the greatest men may err; and that their er- rors are sometimes of the greatest magnitude.
Others may suppose, that the constitution may be safely adopted, because therein provision is made to amend it. But cannot this object be better obtained before a ratification, than after it? And should a free people adopt a form of government, under conviction that it wants amendment?
And some may conceive, that, if the plan is not accepted by the people, they will not unite in another. But surely, while they have the power to amend, they are not under the necessity of rejecting it.
I shall only add, that, as the welfare of the union requires a better constitution than the confederation, I shall think it my duty, as a citizen of Massachusetts, to support that which shall be finally adopted; sincerely hoping it will secure the liberty and happiness of America.
(Signed) E. GERRY.
To Hon. S. Adams, President of the Senate, and
Hon. James Warren, Speaker of the House of Representatives.
This letter of Mr. Gerry states the alleged defects and the principal objections to the constitution of the United States, as prepared by the continental convention, held in Philadel- phia, in 1787, and subsequently adopted by the several states in the union. He refers to the objections in his own mind, which led him, as a delegate from Massachusetts to that convention, to decline signing it; and they operated with a great portion of the people in this and other states, to vote against it. And but for the conciliatory measure proposed by Governor Hancock, recommending several additional articles, as explaining and limiting the powers of the general government, the constitution would have been rejected by the convention in Massachusetts. It was thought that too much power was vested in the federal government, and that congress was not duly restricted in the exercise of political authority over the several states. It was a
477
APPENDIX.
great objection that there was no bill of rights, and that congress might exercise power to any extent it should think proper: and therefore the article was proposed, providing expressly "that all power not clearly given by the constitution remained to the several states, or the people thereof." And in the convention of Massachusetts, in answer to the objection referred to above, it was said, " that the federal government was not intended by the constitution to be a consolidated government, but a consoli- dation of the strength of the union in certain cases, and for specified purposes." In reply to the objection, that the new constitution went much farther than was intended, it was assert- ed, that the design was so to amend the old confederation as that a remedy should be provided for its defects : and that it was for the interest of the whole to confederate against a foreign enemy. And it was admitted, that congress would have, and ought to have, the power, to oblige the several states to comply with its requisitions. As to the objection, that there was no bill of rights, it was replied, " that in the state constitutions there was a grant of all power except what was expressly reserved to the people by the bill of rights. But that the federal constitution was very different; its powers were delegated, and that what was not granted remained with the people of the several states: that the legislature of Massachusetts had power to make all and any laws not repugnant to the constitution of the state; and therefore there was a necessity for a bill of rights; but that this was not true of the federal constitution; and the federal gov- ernment could rightfully exercise only such power and for such pur- poses, as were specified, or clearly granted."
See page 385.
GENERAL ORDERS. Commonwealth of Massachusetts, { Head Quarters, Boston, July 3, 1812. 5
War having been declared by the government of the United States against Great Britain and Ireland, and the dependencies thereof, the commander-in-chief calls upon the militia of Mas- sachusetts duly to notice the solemn and interesting crisis, and exhorts them to meet the occasion with constancy and firmness.
When war is commenced no human foresight can discern the time of its termination, or the course of events that must follow in its train. But the path of duty is the path of safety. Prov- idence seldom abandons to ruin those, who, to a just reliance on the superintending influence of Heaven, add their own vig-
59
478
APPENDIX.
ilant and strenuous exertions to preserve themselves. At the present moment, therefore, the commander-in-chief earnestly recommends to the officers, of every grade, a close and perse- vering attention to the duties resulting from their several sta- tions; particularly that they acquire and maintain a perfect knowledge of the condition of their respective commands, and see, as far as in their power, that their men are duly armed and equipped; that the time allotted to trainings be devoted to the instruction of non-commissioned officers and soldiers in the exercise of arms, and in the practice of evolutions, as prescribed in the established regulations; and that the provisions and in- tentions of the laws being in every respect fulfilled, they may be ready, with alacrity and effect, to defend their country, their constitutional rights, and those liberties which are not only our birthright, but which at the expense of so much blood and treasure, were purchased in the late revolution.
From the docility, from the good sense and patriotism of the non-commissioned officers and soldiers, the commander-in-chief is led to expect a patient submission to the instructions of their officers, prompt obedience to orders, and the practice of all those military and masculine virtues which adorn the soldier and exalt the man.
To all the militia, both officers and soldiers, the commander- in-chief would superadd an earnest exhortation, as they are citizens as well as soldiers, to cultivate a spirit of candor, of friendship, and mutual forbearance, and an ardent love of coun- try, that shall elevate them above all sinister views, and event- ually secure to them and their children the blessings of peace, of liberty, and good government.
The commander-in-chief requires that particular attention be paid to the town magazines; that they are fully provided with ammunition, military stores, and utensils, as the law directs; and the brigade quartermasters are required to perform their duty with promptitude and exactness.
In such divisions as have not completed the detachment of ten thousand men, called for by the general orders of the 25th day of April last, the major generals, or commanding officers of those divisions, are enjoined to attend to that service without delay, and to make and complete the detachments from their respective corps, of the several quotas of the said ten thousand men, and to make return of the same, as speedily as may be, to the adjutant general: the said generals, and other officers, will take care that the militia so detached are duly provided with efficient arms and accoutrements necessary for actual ser- vice. The militia detached by the orders above alluded to, after they are formed conformably to said orders, will hold them-
479
APPENDIX.
selves in readiness to march, on the shortest notice, pursuant to the orders to be given by the commander-in-chief, unless in case of actual invasion, or imminent danger thereof; in which case, without waiting for such orders, they will march without delay, to the defence of any part or parts of this commonwealth that shall be so invaded, or in imminent danger of invasion: and when in the actual service of the United States, will be under the command of the president, agreeably to the constitution of the United States.
And whereas the quota of ten thousand militia, required aforesaid, being to be raised from the several divisions and corps throughout the commonwealth, cannot be assembled in time to repel a sudden invasion; and to embody them previous- ly, and keep them in constant service would be extremely bur- densome, and even if assembled would not be adequate to the defence of the numerous points of a coast of several hundred miles in extent; the commander-in-chief further orders and di- rects that the generals, and other officers of the whole militia of the commonwealth, bearing in mind the possibility of a sud- den invasion, hold themselves, and the corps of militia under their respective commands, in constant readiness to assemble, and march to the defence of any part or parts of the common- wealth, pursuant to the orders to be given by him; but without waiting for such orders, in case of actual invasion, or such im- minent danger thereof as will not admit of delay.
(A general order of the tenor of the above issued in July, 1814, and dif- fering only in some of its details.)
See page 428. Governors of the commonwealth after the adoption of the state constitution, in 1780, to 1820.
John Hancock, James Bowdoin, Samuel Adams, Increase Sumner, Caleb Strong, James Sullivan, Christopher Gore, Elbridge Gerry, John Brooks.
Chief Justices of the Supreme Judicial Court, for the same period, viz:
William Cushing, Nathaniel P. Sargent, Francis Dana, Theopilus Parsons, Samuel Sewall, Isaac Parker.
Senators in Congress, from 1789 to 1820:
Caleb Strong, Tristram Dalton, George Cabot, Benjamin
480
APPENDIX.
Goodhue, Theodore Sedgwick, Samuel Dexter, Jonathan Ma- son, Joseph B. Varnum, John Q. Adams, Timothy Pickering, Dwight Foster, Eli Ashmun, James Lloyd, Christopher Gore, Harrison G. Otis, Prentiss Mellen.
THE END.
# 309
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.