USA > Massachusetts > Middlesex County > Cambridge > History of Massachusetts from July 1775, when general Washington took command of the American Army at Cambridge, to the year 1789, (inclusive) when federal government was established under the present constitution, Vol 2 > Part 23
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" We meet you, sir, at this time, with our hearts replete with the warmest affection and esteem, to express the high satisfaction we feel in your visit to the Commonwealth of Massachusetts.
" We can never forget the time, when, in the earliest stage of the war, and the day of our great- est calamity, we saw you at the head of the army of the United States, commanding troops, deter- mined, though then undisciplined, by your wisdom and valour, preventing a sanguinary and well ap- pointed army of our enemies, from spreading de- vastation through our country, and sooner than we
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had reason to expect, obliging them to abandon the capital.
" We have since seen you in your high com- mand, superior to the greatest fatigues and hard- ships, successfully conducting our armies through a long war, until our enemies were compelled to sub- mit to terms of peace; and acknowledged that in- dependence which the United States in Congress assembled, had before asserted and proclaimed.
" We now have the pleasure of seeing you in a still more exalted station, to which you have been elected by the unanimous suffrages of a free, vir- tuous and grateful country. From that attach- ment, which you manifestly discovered while in your military command, to the civil liberties of your country, we do assure ourselves, that you will ever retain this great object in your view, and that your administration will be happy and prosperous. " It is our earnest prayer, that the divine Bene- diction may attend you here and hereafter ; and we do sincerely wish that you may, through this life, continue to enjoy that greatest of earthly blessings, to be accepted by "the multitude of your bre- thren."
To which general Washington replied as fol- lows-
"Gentlemen, to communicate the peculiar plea- sure which I derive from your affectionate wel- come of me to the Commonwealth of Massachu- setts, requires a force of expression beyond that which I possess. I am truly grateful for your goodness towards me, and I desire to thank you with the unfeigned sincerity of a feeling heart.
" Your obliging remembrance of my military ser- vices, is among the highest compensations they can
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receive; and if rectitude of intention may author- ize the hope, the favourable anticipation, which you are pleased to express of my civil administra- tion, will not, I trust, be disappointed. It is your happiness, gentlemen, to preside in the councils of a Commonwealth, where the pride of independ- ence is well assimilated with the duties of society ; and, where the industry of the citizen gives the fullest assurance of public respect and private pros- perity. I have observed too, with singular satis- faction, so becoming an attention to the militia of the state, as presents the fairest prospect of sup- port to the invaluable objects of national prosperi- ty and peace. Long may these blessings be con- tinued to the Commonwealth of Massachusetts ! And may you, gentlemen, in your individual capa- cities, experience every satisfaction, which can re- sult from public honour and private happiness."
In appointing to office under the federal govern- ment, general Washington selected those who had been distinguished by their zeal and patriotism du- ring the war of the revolution. And his appoint- ments were bestowed on none but men of integri- ty and talents, which fully qualified them for the stations in which they were placed. This policy was approved by all impartial men; and yet Mr. Jefferson, who succeeded to the presidency, some years after general Washington declined it, remov- ed some of the revolutionary characters from the offices they held, merely for difference of political opinions, on subjects or measures of minor conside- ration, which did not implicate their patriotism or their republican principles.
A question was long and warmly agitated in the General Court during this political year, respecting VOL. II. 44
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the eligibility of an officer in the federal govern- ment to a seat in the legislature of the state. The judge of a district court, the attorney and marshal of the district, were then members of the legisla- ture of Massachusetts .* A committee was first appointed in the senate, which reported, that the seat of Mr. Jackson, a member of that board, from Essex, in consequence of his receiving and ac- cepting the appointment of marshal of the district, by which he had become an officer of the general government, was vacated: but the report was re- jected in the senate, by thirteen votes to eleven.
In the house, the decision was different, on a si- milar question relating to two of their members ; being 137 to 24. The report, however, which gave a full and decided opinion of their ineligibili- ty, like that made in the senate, was not proposed for acceptance ; but on the question, substituted for the report, " whether persons holding office under the United States, similar to those declared by the constitution of this Commonwealth incom- patible with their holding seat's in the legislature thereof, can have a constitutional right to retain their seats in this house ?"-after a debate of great length, it was decided in the manner men- tioned above.
It was contended, by those in favour of the re- port, that uniformity and analogy forbid the eligi- bility of such officers of the federal government to a seat in the legislature, as were similar to those excluded from it, if officers in the state. And that
* David Sewall of Maine, who had been appointed judge of the district court, and Christopher Gore, who had been ap- pointed district attorney, were members of the house; J, Jackson, appointed marshal, was a member of the senate,
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there would be an improper and dangerous influ- ence exerted by federal officers, if permitted to be legislators of the Commonwealth. On the other side, it was argued, that the reasons, which render- ed it improper for certain public officers of the state to have seats in the legislature, did not hold with regard to officers of the United States ; and that, as there was not an express or clear incom- patibility in the constitution, they could not be justly excluded. There was a great jealousy of the federal government, at that early period, on the minds of many of the citizens ; but, in later years, less fear or hostility towards it have been cherished ; and in many instances, men holding office under the general government, have exerted a great influence, in directing the concerns of a sin- gle state.
Under the auspicious influence of the federal government, a mutual confidence was strengthened among the citizens of the Commonwealth and of the United States ; the common employments and arts of life were encouraged ; commercial enter- prizes increased ; the credit of government was re- stored, by wise and efficient provisions in the finances of the country, the regulation of foreign commerce and the uniform collection of a revenue ; and the nation made rapid advances, from a state of embarrassment and imbecility, to wealth, power and respectability.
APPENDIX.
No. I. Pages, 140, 159.
A CONSTITUTION and FORM of GOVERNMENT for the State of MASSACHUSETTS BAY, agreed upon by the CONVENTION of said State, February 28th, 1778 ; to be laid before the several towns and plantations in said State, for their approbation or disapprobation.
STATE OF MASSACHUSETTS BAY,
IN CONVENTION, February 28th, 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 govern- ment for this state should be formed; and, apprehending that they were not invested with sufficient authority to deliberate and determine upon so interesting a subject, did, on the fifth day of May, 1777, for affecting this valuable purpose, pass the following 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
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APPENDIX.
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 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 planta- tions, 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 considered, and a return of their appro- bation 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 numbers present at such meet- ing 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 form of government is approved of by at least two thirds of those who are free, and twenty- one years of age, belonging to this state, and present in the several meetings, then the General Court shall be empowered to establish the same as the constitution and form of govern- ment of the state of Massachusetts Bay ; according to which the inhabitants thereof shall be governed in all succeeding generations, unless the same shall be altered by their express direction, or at least of two thirds of them. And it is further 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, authorized 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 :
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APPENDIX.
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 all wise 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 hereafter directs.
II. There shall be elected annually a governor and lieute- nant governor, who shall each have, by virtue of such elec- tion, a seat and voice in the senate; and the style and title of the governor shall be His Excellency; and the style and title of the lieutenant governor shall be His Honour.
III. No person shall be considered as qualified to serve as governor, lieutenant governor, senator or representative, un- less qualified respectively at the time of their several elec- tions as follows, viz: The governor and lieutenant governor shall have been inhabitants of this state five years immediate- ly preceding the time of their respective election ; the go- vernor shall be possessed, in his own right, of an estate of the value of one thousand pounds, whereof five hundred pounds value, at the least, shall be in real estate, within this state ; the lieutenant governor 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, ly- ing in the district for which he shall be elected. A represen- tative shall be possessed in his own right, of an estate to the value of two hundred pounds, one hundred pounds thereof, at
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APPENDIX.
the least, to be in real estate lying in the town for which he shall be elected. Senators and representatives shall have been inhabitants of districts and towns for which they shall be respectively elected, one full year immediately preced- ing such election ; provided, that when two or more towns join in the choice of a representative, they may choose an in- habitant 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 of the United States, shall be considered as dis- qualified for holding a seat in the General Court; and the judges and registers of probate, for holding a seat in the se- nate.
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 inhabitant qualified as above, and worth sixty pounds clear of all charges thereon, shall be entitled to put in his ยท vote for governor, lieutenant governor and senators : and all such voting for governor, lieutenant governor, senators or re- presentatives shall be by ballot, and not otherwise.
VI. Every incorporated town within this state shall be en- titled 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 in- creasing number necessary for another member, twenty more than the last immediately preceding increasing number, till
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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 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 re- present them in the General Court the ensuing year : the time and place of meeting to be mentioned in the warrant or warrants for calling such meeting. And the selectmen of each town respectively, or the major part of them, shall make re- turn 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 en- suing year, into the secretary'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 di- rected, warn a meeting to be held in either of the said towns, as they shall judge most convenient, for that purpose, and shall make return 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 con- tain 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, VOL. II. 45
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APPENDIX.
Worcester 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 eastern district to contain the county of Lincoln, within which one shall be elected. And as the numbers of inhabi- tants 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 in- habitants of the several districts to be taken, that the senators may be apportioned anew to the several districts, according to the numbers of the inhabitants therein. And the General Court may, at such new appointment, increase the number of sena- tors 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.
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, accord- ing to the foregoing apportionment, or such as shall be here- after ordered ; and the selectmen and town clerk of each town shall sort and count the votes, and, by the third Wed- nesday in December then next, transmit to the secretary's of- fice, 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, affixed 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 nomi-
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APPENDIX.
nation list, from which said towns shall, at their meetings for the choice of governor in the month of May, vote for the se- nators assigned the respective districts ; which votes shall be counted and sorted and lists certified as before directed, 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 after- wards 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 assigned such district, who have the greatest number of votes, shall be sena- tors for the ensuing year, unless it shall appear to the senate that any member or members thereof were unduly elected 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 forever hereafter, on the first Wednesday in the month of May annually, be held, in each town in this state, a meeting of the inhabitants of such towns respective- ly, to give or put in their votes for governor, lieutenant go- vernor 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 af- terwards, an attested copy of all the persons who had votes for governor and lieutenant governor respectively, certifying the number of votes each person so voted for had ; which lists shall be, on said last Wednesday of May, or as soon after as may be, examined by the senate and house of representatives ; and the persons, who, on such examination, shall appear to have the greatest number of votes for those offices respec- ively, provided it be a majority of the whole number, shall
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APPENDIX.
be by the two houses declared governor and lieutenant gover- nor, and entitled to act as such the ensuing year : and if no person shall have such majority for governor and for lieu- tenant governor, the senate and house of representatives shall, as soon as may be, after examining said lists, proceed 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, se- nator or representative, whose qualifications shall be ques- tioned by any one member of the senate or house of repre- sentatives, 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 secre- tary's office, within ten days after notice given him of such questioning by the secretary, whose duty it shall be to give such notice, his election shall be void ; and any person claim- ing privilege of voting for governor, lieutenant governor, senators or representatives, and whose qualifications shall be questioned in town meeting, shall by the selectmen be pre- vented from voting, unless he shall make oath that he is qua- lified as this constitution requires ; said oath to be administer- ed by a justice of the peace, or the town clerk, who is hereby empowered to administer the same, when no justice is pre- sent.
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 there- by, confining 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 pur-
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pose ; otherwise the choice may be made 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 this government, they shall have full power and authority to levy proportionable and reasonable assessments, rates and taxes ; 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 ordering thereof; provided nevertheless, they shall not have any power to add to, alter, abolish, or infringe any part of this constitution. And the enacting style in making laws shall be " by the senate and house of representatives in Gene- ral Court assembled, 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 shall have an equal right to originate or reject any bill, resolve or or- der, or to propose amendments to the same, excepting bills and resolves levying and granting money or other property of the state, which shall originate in the house of representa- tives only, and be concurred or nonconcurred in whole by the senate.
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