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 24
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XV. Not less than sixty members 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
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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 militia 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 Ge- neral Court, have power to prorogue 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 desire, or to dissolve the same at their request, or to call 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 condemn- ed criminals for a term or terms of time, not exceeding six months. It shall be the duty of the governor to inform the le- gislature at every session of the General Court, of the con- dition of the state ; and, from time to time, to recommend such matters to their consideration, as shall appear to him to concern its good government, welfare and prosperity.
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 other- wise disqualified, 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 pre- side.
XIX. All civil officers annually chosen, with salaries annu- ally granted for their services, shall be appointed by the Ge-
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neral Court, by ballot; each branch to have a right to origi- nate 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 : cap- tains 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, ac- cording to evidence ; which oath shall be administered to the members by the president, and to him by any one of the se- nate. And no judgment of said court shall be valid, unless it be assented to by two-thirds of the members of said court pre- sent at such trial ; nor shall judgment extend further than to re- moval of the person tried from office and disqualification to hold or enjoy any place of honour, trust or profit under the state : the party so convicted shall nevertheless be liable and sub- ject to indictment, trial, judgment and punishment, according . to the laws of the state : and the power of impeaching all offi- cers 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 exceeding 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 governor, or in his absence out of the state, the lieutenant go-
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vernor, shall be present in senate to enable them to proceed on the business assigned them by this constitution, as gover. nor 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 behaviour.
XXV. The secretary, treasurer-general and commissary- general shall be appointed annually.
XXVI. The attorney-general, sheriffs, 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 per- son chosen to succeed him therein. And if any person, serv- ing for this state at said Congress, shall be appointed to either of the aforesaid offices, and accept thereof, he shall be consid- ered 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
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the house of representatives or hold any judiciary employ- ment 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 first justice of the court where such writ is returnable, and be signed by the clerk of such court. Indictments shall con- clude "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 be 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 monies 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 go- vernment, and the protection and preservation of the inhabi- tants thereof, agreeably to the acts and resolves of the Gene- ral Court.
XXXIV. The free exercise and enjoyment of religious profession and worship shall forever be allowed to every de- nomination of protestants within this state.
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XXXV. The following oath shall be taken by every per- son appointed to any office in this state, before his entering on the execution of his office ; viz. I, A. B. do swear (or af- firm, as the case may be) that I will bear faith and true allegi- ance to the state of Massachusetts ; and that I will faithfully ex- ecute the business of the office of agreeably to the laws of this state, according to my best skill and judgment, without fear, favour, affection or partiality.
XXXVI. And whereas it may not be practicable to conform to this constitution in the election of governor, lieutenant go- vernor, 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 constitu- tion, shall determine the time and manner in which the peo- ple shall choose said officers for the first year ; and upon said choice, the general assembly, then in being, shall be dissolv- ed and give place to the free execution of this constitution.
By order of the convention.,
JEREMIAH POWELL, President.
Attest,
SAMUEL FREEMAN, Clerk.
No. II .- Page 300.
The General Court was to have met on Wednesday 31st January. But a sufficient number of representatives to form a quorum did not attend till Saturday, 3d of February. On re- ceiving official notice, that the two houses were ready to pro- ceed in the public business, the governor immediately pro- ceeded to the senate chamber, and delivered the following speech to both houses then assembled.
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" Gentlemen of the Senate, and
Gentlemen of the House of Representatives,
" It was expected by the General Court, that their pro- ceedings at their last session, respecting the insurgents, would have answered the purposes for which they were intended. By those proceedings, there were held forth to them, punish- ment on the one hand, and pardon on the other .- Punishment, in case of perseverance in their criminal conduct ; pardon and indemnity, if they desisted from it ; and by a given time, should take the oaths of allegiance. This application to their feel- ings, and to that actuating principle, a desire of personal safe- ty, it was apprehended, would have had a forcible influence to bring them to their duty. But unhappily, it did not produce any good effect, except upon a very few individuals of them. On the contrary, the lenity and forbearance of government were treated with contempt, and imputed by them to an ina- bility of defending itself; and some of your last acts have been added to their list of grievances.
But the clearest and most unequivocal evidence of their perseverance, in opposition to government, is deduced from their proceedings, respecting the judicial courts, in several of the counties, since the last session of the General Court. They twice, with an armed force, stopped those courts in Worcester; and would not suffer them to open in Hampshire. They attempted it, though unsuccessfully, in Middlesex : and in consequence of that attempt, several of them were taken into custody, by virtue of state warrants ; in the execution of which, the sheriff and other persons to whom the warrants were directed, had the aid and support of a number of spirit- ed gentlemen of that county and Suffolk.
At the last time of their assembling in Worcester, there were nearly a thousand of them in arms, who, to the great annoyance and terror of that vicinity, continued embodied for several days after the court had adjourned : meditating, as it was apprehended, further outrages; which were providen- tially prevented by the continued storms of that week.
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These violent and treasonable proceedings of the insurgents were perpetrated after the publication of the last acts of the General Court respecting them ; and demonstrated, not only a total disregard of those acts, and the authority by which they were enacted, but a contempt of all constitutional go- vernment, and a fixed determination to persevere in measures for subverting it.
This determination, and these measures, were also mani- fested by their printed declarations ; and by some of the pri- vate transactions of their leaders, when the main body of the insurgents were last assembled at Worcester : by which it ap- peared, the insurgents were formed into regiments, and that a committee was appointed for each regiment, to see that it should, without delay, be properly officered and equipped ; and completely ready when called upon.
That this was the state of things in the western counties, was further confirmed by letters I received from some of the most respectable characters in those counties ; and by the oral testimony of many intelligent persons from thence : who all agreed in the necessity of speedy and vigorous measures being taken, for the effectual suppression of the insurgents : without which the well-affected might, from a principle of s li preser- vation, be obliged to join them ; and the insurrection become general.
The safety and well being of the Commonwealth being thus at hazard, and the lenient, conciliating measures of the General Court, having been rejected by the insurgents, I con- ceived myself under every obligation, of honour and duty, to exert the powers vested in me by law and the constitution, for the protection and defence of the Commonwealth, against the hostile and nefarious attempts of those lawless men.
Pursuant to this idea, I laid before the council all the in- formation and intelligence I had collected, relative to the pro- ceedings and designs of those men; and the council were unanimously of opinion, and accordingly advised, that vigor- ous measures should be taken to protect the judicial courts,
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particularly those that were then to be next holden at Wor- cester; to aid the civil magistrate in executing the laws ; to repel all insurgents against the government; and to appre- hend all disturbers of the public peace ; particularly such of them as might be named in any state warrant, or warrants.
For these purposes, upon the effecting of which all good government, and indeed the happy existence of the Common- wealth, do essentially depend, I have called forth from seve- ral counties, a respectable body of the militia, the command of which I have given to major general Lincoln, with orders to carry those purposes into effectual execution.
Those orders are now in operation, and will be laid before you, with the general orders, containing the plan of mea- sures, by which the Commonwealth was to be defended against its present assailants.
I congratulate you, gentlemen, on the success of those mea- sures hitherto ; and hope it is a prelude to final success, and to the re-establishment of perfect tranquillity. The des- patches concerning it, which I have received from general Lincoln, and general Shepard, will be laid before you.
Thus, gentlemen, from a principle of duty to the Common- wealth, and in conformity to your resolution of the 24th of October, in which you express a full confidence, " that I will still persevere in the exercise of such powers as are vested in me by the constitution, for preventing any attempts to in- terrupt the administration of law and justice, and for enforcing due obedience to the authority and laws of government," I have taken the measures above represented. I trust they will meet with your entire approbation, and with that support, which is naturally to be expected from the guardians of the public safety.
On my part, I have done, in this business, what the duty of my office, and the oath of qualification, indispensably require : and I have the fullest confidence, that on your part nothing will be wanting to carry into complete effect the measures, that have been taken, or that may be further necessary, to
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suppress the present insurrection ; and to ensure a strict obe- dience to the laws. This is so essential to the peace and safe- ty of the Commonwealth, that it requires your immediate at- tention ; and the speedy application of further means, if those already taken should be deemed insufficient, for that pur- pose.
Among those means, you may deem it necessary to establish some criterion for discriminating between good citizens and insurgents, that each might be regarded according to their characters : the former as their country's friends, and to be protected; and the latter as public enemies, and to be effec- tually suppressed. At such a time as the present, every man ought to show his colours, and take his side : no neutral cha- racters should be allowed : nor any one suffered to vibrate be- tween the two.
Vigour, decision, energy, will soon terminate this unnatu- ral, this unprovoked insurrection ; and prevent the effusion of blood : but the contrary may involve the Commonwealth in a civil war, and all its dreadful consequences: which may ex- tend, not only to the neighbouring states, but even to the whole confederacy, and finally destroy the fair temple of Ame- rican liberty : in the erection of which, besides the vast ex- pense of it, many thousands of valuable citizens have been sa- crificed.
There are several things, resulting from the measures in operation, which require your immediate attention.
The money immediately wanted for carrying them into exe- cution, was supplied by a voluntary loan from a number of gen- tlemen, and in a manner which does them much honour. I must earnestly recommend to you to provide for its reimburse- ment, which, upon the principles of policy as well as justice, should be made as speedily as possible. Provision also should be made for defraying the general expense.
Should the time be too short to effect the great purposes, for which the militia were called forth, it may be necessary that general Lincoln should be empowered to continue them
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in service, by enlistment, until those purposes shall be accom- plished. The men being already embodied, and the arrange- ments for supporting them perfected, the expense of such a continuance will be much less than that of raising a new body for the same service.
There are defects in our militia act, which require an im- mediate remedy ; and which I shall mention to you in a sepa- rate message.
These, gentlemen, are matters of importance; but the ge- neral subject of this address is of the first magnitude, and de- mands your immediate and most serious attention. If it be taken up with proper spirit-if the measures in operation be seconded with firmness and decision-and if the powers of the several branches of government be united in a wise and vigo- rous exertion, we may reasonably expect a speedy and hap- py issue to the present insurrection : to which happy issue every exertion on my part has been, and shall be, applied.
But, on the contrary, if indecision, languor or disunion should on this occasion pervade our public councils, insurrec- tion, though checked for the present, would gain new strength, and, like a torrent, might sweep away every mound of the constitution ; and overwhelm the Commonwealth in every species of calamity. In such a case, if brought on by remiss- ness, or relaxation, on our part, we should be, not only involv- ed-most essentially involved, in that calamity, but justly chargeable with betraying the trust reposed in us by our fel- low-citizens ; and chargeable with ignominiously deserting the posts assigned us, as guardians of the peace, the safety and happiness of the Commonwealth.
But, very happily-this is only a possible case ; for your pa- triotism, your virtue, your regard for your own liberties and property, and for those of your families and posterity, must induce you to call forth every power of government into vi- gorous exertion for preventing such a complication, such an accumulation of evils.
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On this occasion, it is proper, gentlemen, to inform you, that I have received from several towns, petitions, directed to the governor and council, and also to the General Court, relative to the insurgents. The petitions, being eight in num- ber, do disapprove of the proceedings of government, in re- gard to those people.
But as the things prayed for, were, for the most part, not cognizable by the governor and council ; and such as were so, could not be granted by them, consistently with the duty they owe to the Commonwealth, the petitions will be laid before you, for your consideration.
There are other matters, to which your attention, gentle- men, is necessary ; and they will be communicated by mes- sage.
JAMES BOWDOIN.
Council-Chamber, Feb. 3, 1787.
TO HIS EXCELLENCY JAMES BOWDOIN, ESQUIRE, GOVERNOR OF THE COMMONWEALTH OF MASSACHUSETTS.
" May it please your Excellency,
" The senate and house of representatives, in General Court assembled, have read and duly attended to your speech at the opening of this session, and take the earliest opportu- nity to express their entire satisfaction in the measures you ยท have been pleased to take, pursuant to the powers vested in you by the constitution, for the subduing a turbulent spirit, which has too long insulted the government of this Common- wealth, prostrated the courts of law and justice in divers counties, and threatened even the overthrow of the constitu- tion itself. The General Court congratulate your excellency on the success with which Providence has been pleased hith- erto to bless the wise, spirited and prudent measures which you have taken ; and they earnestly entreat your excellency, still to encounter, repel, and resist, by all fitting ways, enter- prises and means, all and every such person and persons, as
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attempt or enterprise, in a hostile manner, the destruction, detriment, or annoyance of this Commonwealth ; and to pur- ' sue such further constitutional measures as you may think ne- cessary for extirpating the spirit of rebellion : quieting the minds of the good people of the Commonwealth; and esta- blishing the just authority and dignity of government. And in order that your excellency may be possessed of the full power of the constitution, to effect these great purposes, the General Court have thought it highly necessary, after mature deliberation, to declare that a rebellion exists within this Commonwealth.
This court are fully persuaded, that by far the greater part of the citizens of this Commonwealth are warmly attached to our present happy constitution : they have a high sense of the merit of a respectable body of the militia, who have with readiness attended your excellency's orders on this pressing emergency, as well as of the patriotic zeal of a number of private citizens, who have cheerfully advanced their money in aid to government ; and you may be assured, sir, that the most speedy and effectual means will be used for the payment of the officers and soldiers who have been, or may be employ- ed in this necessary and most important service ; and for the reimbursement of the monies generously advanced for its sup- port.
It is to be expected, that vigour, decision and energy, under the direction and blessing of Heaven, will soon terminate this unnatural, unprovoked rebellion, prevent the effusion of blood, and the fatal consequences to be dreaded from a civil war; and it is the determination of this court to establish a crite- rion for discriminating between good citizens and others, that each may be regarded according to their characters and de- serts.
If it should appear to your excellency, that the time for which the militia, under the command of major general Lin- coln, are enlisted, is too short to effect the great objects in view, it is the request of this court, that you would be pleas- VOL. II. 47
,
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ed to direct the commanding general to reinlist the same men, or enlist others, for such further time as you may think necessary, or to replace them by detachments from the mili- tia ; and, if you shall think it expedient, to increase their num- bers, and continue them in service until those purposes shall be completely accomplished.
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