USA > Massachusetts > History of Massachusetts from the year 1790, to 1820. v. 3 > Part 21
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" We agree in the opinion, that as the war has been conclu- ded without any stipulation relative to the impressment of sea-
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men, it is to be presumed, the future exercise of the right, claimed by Great Britain on that subject, will no longer be considered a just cause of war ; and that, by the exclusion of foreign seamen from our service, it is in our power to prevent all future dispute or inconvenience arising from that source. It is easy to do justice to ourselves, and to conciliate it from oth- ers ; but if the last resort becomes necessary, it is wise to put our antagonist in the wrong. Such a course will produce mu- tual confidence and strength at home, and diminish the chance of contention abroad.
" Although the avowed objects of the war have not been af- tained by the treaty, there was yet ample reason for the gene- ral joy which pervaded the country on the restoration of peace. The credit of the nation and its means of prosecuting the war were at an end ; the sufferings of individuals flowing from the failure of public credit and the suspension of business ; the universal feeling, that the salvation of the country depended on peace, rendered all question as to the actual provisions of the treaty trivial and insignificant. This state of the public feeling was in itself the most profound reproach on the authors of a war, whose evils were so wholly disproportionate to the avowed causes, that the latter were entirely forgotten in the pressure of the former. '
" In another view, the people had great reason to congratu- late themselves on the conclusion of peace. War, under a free form of government, endangers civil liberty, while it disturbs or destroys individual prosperity and happiness. An unusual por- tion of power is then necessarily entrusted to executive and military officers ; the violation or overthrow of the land marks of civil rights are unnoticed or submitted to in the pressure of + more interesting events ; illicit trade or legalized plunder takes place of lawful commerce ; and the passions of men, roused and heated in the rival work of destruction, offer the most fa- vourable moment to those who entertain designs hostile to pop- ular freedom.
" The peace of no nation should be put in jeopardy upon
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questions of a doubtful nature ; but under a popular and pater- nal government, which is presumed to be uninfluenced by am- bitious policy, the evils of war should be encountered only up- on the most obvious and unquestionable grounds of necessity. The strength and resources of the country will then act with union and effect ; and its reverses will be borne with manly and uncomplaining fortitude. Although we have gained by the treaty but little besides peace, yet we are informed by high au- thority, that the war was glorious and the peace honorable. By what course of reasoning, that position can be maintained, we are at a loss to comprehend. Such a declaration may sat- isfy some men ; but can afford no triumph to those who believe, that a very little more of such glory must have ruined the country. It is indeed true, that our armies have gathered lau- rels, and our naval warriors, by a series of splendid achieve- ments, have raised a monument of glory to themselves, while they have established, by unquestionable proofs, the justness of that carly policy of the federal government, which proposed to confide to a navy the protection of commerce and the de- fence of her maritime rights. For those achievements, and the advantageous light in which they exhibit to the world the American naval and military character, we are indebted to a few individuals of merit, and not to an administration, whose mis- takes and improvidence have been but ill concealed, even be- hind the brilliant actions of the ocean, the lakes, and the Mis- sissippi. In our estimation, a war to be glorious must be founded in juslice, and conducted with prudence, ability and success : and a peace, to be honorable, must have secured, by legitimate means, the objects of the war.
" We presume it will not be denied, that in the measures taken by the government of this Commonwealth, during the Jate war, it was intended faithfully to execute the duties enjoin- ed by the Constitution, and to be governed by its principles, according to a sound construction thereof. The course adopt- ed has been attended by the most favourable results ; and by the saving of great and useless expenses to the nation. It has
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also received the decided approbation of the people, as expres- sed in their elections : and we may cheerfully leave to the more impartial judgment of future times to decide, whether the expo- sition of the principles of the Constitution, given by your Ex- cellency and sanctioned by the other departments of this gov- ernment, is not the most consistent with the purposes of that instrument, as well as the most favourable to civil liberty. If the necessities produced by a state of war seem at any time to urge a departure from fixed principles, a degree of firmness and independence, which shall be unmoved by the suggestions of fear, must be opposed at the threshold, by those whose duty it be- comes "
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Answer of the Senate to the Governor's Speech, June, 1815.
" The termination of the late unhappy contest, between the government of the United States and Great Britain, affords to the Senate of this Commonwealth the most unfeigned joy, and demands the most sincere and hearty thanks of the people to the Almighty Disposer of events, by whose providence an end has been put to the miseries of war. And we congratulate your Excellency upon the present auspicious circumstances of our country, which are adapted to lighten the cares of govern- ment, and to give additional value to the recent pledge of con- fidence in your Excellency, which has been renewed by the people of this Commonwealth.
" It would be a most pleasing and consoling prospect, if the state of the nations of Europe authorized the expectation, that this quarter of the globe was now destined permanently to reap the fruits of peace, from which she has been so long estranged; and to repair the desolation of war, by an amicable competition
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with each other and with our country, in the pursuits of probi- ty, industry and economy. But whatever may be the issue of the astonishing events, which agitate the old world, and con- found human foresight, we unite with your Excellency, in the sincere and anxious hope, that the future prosperity of the people of these States may not be interrupted by a needless interference in the disputes and conflicts of other nations.
" We should have derived great satisfaction from perceiving, in the late treaty of peace, express stipulations, relative to the avowed objects of the war, which might have been calculated forever to put at rest the controversies which led to that calam- ity. But we complain not of the national administration, for the omission of such stipulations. We presume they were unattainable; and we readily express our conviction, that, in acceding to the terms of the treaty, government consulted the best interests of the nation. We ardently hope, that the good fortune, which has enabled them to extricate the country and themselves from distress and embarrassment, will be accompa- nicd by a sincere desire of a firm and protracted peace, and not by unfounded pretensions, which, by entangling our nation in the broils of foreign powers, may expose its vital interests to needless danger.
" We agree with your Excellency in the sentiment, that it is a matter of indifference to the great body of the people, by whom the government is administered, if the conduct ofthe ad- ministration is calculated to promote justice and public tran- quillity: And if the policy of our present rulers shall be adapted to retrieve the national prosperity, to establish public credit, to provide for the common defence, and prolong the blessings of peace, it will be the duty of every citizen, discarding all local and personal partialities, to co-operate, cach in his own sphere, in efforts for the attainment of these important objects.
. " The universal joy, which the return of peace has infused into the public mind, is already justified by events at home and abroad. In our own beloved country, an enlivening impulse is already given to commerce and the peaceful arts. Industry
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is again occupied, in all its branches, and the brow of care is smoothed by the sensation of prosperity. Public credit already revives; and may, by judicious fiscal arrangements, founded on unequivocal punctuality and good faith, be fully restored; and the rapid transition of the people, from depression, which follows the want of occupation, to the animation which is inspir- ed by the pursuit and expectation of competency, demonstrates that peace is the natural and favorite condition of the American citizen.
" In the systems of some statesmen, it is an axiom, that oc- casional wars are indispensable to devolope the power, organ- ize the resources, preserve the military habits, and rouse the dormant energies of a peaceful community. If among our men of influence there should be any who cherish this theory, we trust, that the glory acquired by our navy and army, the capa- city and determination, manifested by this people, to defend their soil, and the facility with which the citizen was transform- ed into the soldier, when the occasion required it, will reconcile them to the conclusion, that the present age, at least, will be in no danger of degeneracy, through want of the renewed excite- ment of open war.
" That, in a confederacy newly organized, upon the first ex- periment of a trying and unexpected emergency, the minds of men should be agitated by collisions of opinion, relative to the reciprocal duties of the national and State governments, ought not to be a matter of surprise. When the ferment, arising in such . a state of affairs, shall have subsided, the wise and good of all parties, who feel an interest in the union and welfare of their country, will calmly review the grounds and principles ' of their creeds, and finally adhere to such expositions of the + Constitution, as are warranted by its true meaning and design."
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Address of the Convention to the people of Massachusetts. ,
FELLOW CITIZENS :
It was provided in the Constitution, established in the year one thousand seven hundred and eighty, that a 'revision might be had, after an experiment of fifteen years. When thesc years had elapsed, the people declared that they were satisfied ; and that they desired no change. The same satisfaction was manifested during the next twenty five years, and would proba- bly have still continued, if the separation of Maine from Mas- sachusetts, had not made it proper to take the opinion of the people, on the expediency of calling a Convention.
It appeared that not one fourth part of the qualified voters in the State, saw fit to express any opinion ; and that of the eighteen thousand three hundred and forty nine votes given in, six thousand five hundred and ninety three, were against revi- sion.
We have inferred from these facts, that you did not desire any important and fundamental changes, in your frame of Gov- ernment ; and this consideration has had its just influence ou our deliberations, in revising every part of the Constitution, which we were required to do, by the words of the law, under which we are assembled.
We have kept in view, that the will of the majority can alone determine what the Powers of Government shall be, and also the manner in which these powers shall be exercised ; and that it is, consequently, your exclusive right to decide, whether all, or any of the amendments, which we think expedi- ent, shall be adopted, or rejected.
In the performance of our duty, we have been mindful of the character of MASSACHUSETTS ; and, that the profit of experience is justly valued, and that the precious right of self government is
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well understood, in this community. Perfect unanimity is not to be expected in a numerous assembly. Whatever difference of opinion may have occurred, as to expediency, there has been no difference as to the ultimate object, viz : the public se- curity and welfare. If we have not all agreed in every meas- ure which we recommend, we are satisfied, that natural and honest difference of opinion, must ever prevent, in a like numerous meeting, greater accordance than has prevailed among us.
Every proposed change or amendment has been patiently and fairly examined, and has been decided upon, with the ut- most care and solicitude to do right.
We have the fullest confidence that you will take these things into view, when you perform the serious duty of decid- ing, for yourselves, and for successive generations, on the re- sult of our efforts.
In framing a Constitution, or revising one, for an extensive - Commonwealth, in which various interests are comprised, noth- ing more can be hoped for, than to establish general rules, adapted to secure the greatest good for the whole society. The re- "vised Constitution, which we now respectfully submit to you, can only be considered as one general LAW, composed of con- nected, and dependent parts. If any one part, considered by · itself, seem not to be the best that could be, its merit, and the justice of its claim to approbation can be known only by its · connexion in the system, to which it appertains.
With these remarks, we beg leave to state the Amendments which we have agreed on, and our reasons for having done so. /
THE DECLARATION OF RIGHTS.
It is known to us, that the EMINENT MEN who framed the Con- stitution, under which we have lived, bestowed on the only arti- cle, which has occasioned much discussion among us, the great- est attention. They appear to have considered RELIGION in a two fold view ; first, as directory to every rational being, in the duties which he owes to the CREATOR of THE UNIVERSE ; . but leaving to every one, to decide for himself, on the man- VOL. III. 40
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ner in which he shall render his homage, avow his dependence, express his gratitude, and acknowledge his accountability ; and, secondly, as.a SOCIAL DUTY, prescribing rules to men, in their intercourse with each other, as members of the same family. They held social worship to be most intimately connected with social welfare. They believed moral excellence, to be no less the effect of example, and of habit, than of precept. They seem to have been convinced, that in proportion as the mem- bers of civil society, are impressed with reverence for the so- cial rules, contained in REVEALED RELIGION, will they be faith- ful in performing those obligations, on which political happi- ness depends. Upon such principles they rested those provis- ions which require an habitual observance of the SABBATII, and the support of public teachers in the sacred offices of that day. In all these sentiments we do most heartily concur.
But we have thought it necessary to propose some changes in the third article.
The public sentiment on that part of the article, which en- joins on the Legislature to require attendance on public wor- ship, has long been definitely expressed, and is well under- stood ; and we, therefore, propose that so much of this article as relates to this subject, should be annulled.
We are also of opinion, that members of all religious socie- ties ought to have the right and privilege, to join, and worship with, any other society of the same denomination ; as they now have the right to join themselves to any society of a different denomination from that with which they have worshipped.
Furthermore, that the power, and duty, of the Legislature to require provision to be made for the institution of public worship, and for the support and maintenance of public teach- ers, shall extend and be applied equally to societies which are unincorporated, as to those which are.
We recommend also, a provision, that all taxes assessed for the support of public worship, upon real estate, of any non resident proprietor shall be applied towards the support of pub- lic worship, in the town, precinct, or parish by which such tax-
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es are assessed ; unless such proprietor shall be resident with- in the Commonwealth, and shall be of a different denomination of christians from that of the town, precinct, or parish, by which such taxes are assessed.
We propose further to amend the Declaration of Rights so as to provide, that persons on trial for crimes may be heard by themselves, and counsel ; instead of themselves or counsel as the article now stands.
We now propose another amendment, that no person shall suffer imprisonment, or other ignominious punishment, on offi- cial information ; nor unless on indictment by a Grand Jury ; except in cases expressly provided for by law. This amend- ment takes from public prosecuters the common law rights to arraign, of their own authority, any citizen for misdemeanors or crimes without the intervention of a Grand Jury, representing the people of each county.
ALTERATION OF THE POLITICAL YEAR.
We recommend that there should be ordinarily but one ses- sion of the General Court in a year. We believe that more is not necessary ; that the expense of legislation will be dimin- ished ; and that it will be convenient to bring the common and political year into conformity.
. A necessary consequence of this change, is an alteration of the time of holding elections ; the day, most convenient for this purpose, in the opinion of the Convention, is the second Mon- day of November. We propose that all the elections of State Officers, which are to be made by the people, shall be made ' on that day. This provision will not lessen the number of days, which, by our present Constitution, must be devoted to elections. It will, we believe, induce a fuller attendance of the people, and a more certain expression of the public voice, in the important duty of choosing public officers.
ELECTORS.
We are satisfied that the qualifications as now required in Electors, produce some inconveniences, and are liable to some
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After a patient investigation of this subject, we have con- cluded that a residence of twelve months within the State, and of six months within the town, or district, next preceding an election, and payment of a State or County Tax therein, con- stitute an uniform and intelligible rule, as to the right of voting ; and we propose the adoption of this rule, in all elections of State Officers, and the abolition of all other qualifications now required.
We believe that the change which we recommend in this re- spect will relieve Selectmen from much perplexity, and will enable them easily to distinguish between those who have a right to vote, and those who have not.
THE SENATE.
After the most careful and faithful examination of the prin- ciples of the government, we have not found it expedient to change the basis on which the Senate was placed, by the Con- stitution we have revised. It is admitted that the legislative power should be given to two distinct assemblies, each having an absolute negative on the other.
In considering this subject, we have distinguished between the people, of whom we are ourselves a part, and those who may be chosen to legislate. It is the people who are to be se- cured in their rights and privileges, by a Constitution, and not their public servants. This object can only be effected by a clear and permanent limitation of the power which is to be ex- ercised.
The people may impart whatsoever power they see fit. Their security consists in doing this in such manner, that the trust which they create may not be abused, nor the public wel- fare betrayed. It is therefore wise to provide for frequent elec- tions ; and to require certain qualifications in the elected ; and ·the concurrence of different legislative branches on all public laws ; and so to constitute those branches, as that no act shall obtain their joint approbation, which is not intended to promote the common welfare.
All free governments of modern times, have found it indis-
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pensable, not only to have two distinct legislative branches, but to rest them on such different foundations, as to preclude, as much as possible, all such dangerous sympathy and union, as may govern and direct the will of a single assembly.
If the number of inhabitants be the rule by which the mem- bers of the two branches are to be apportioned, and all are to be chosen at the same time, and by the same electors, we think that the safety which the Constitution is intended to effect, may not always be obtained. If an election should take place when very strong and general excitements are felt, (and from such, no human society can be always exempt) there would be little to choose between placing Legislators so elected in the same, or in two different assemblies.
We repeat, that the people's agents ought over to be distin- guished, in settling a frame of government, from the people themselves ; and that no more should be hazarded on the man- ner in which power may be used, than necessarily must be, to give power enough to do that which should be done.
The mode in which the two branches should be constituted, to secure the check which we consider to be so highly impor- tant, is the only point as to the Senate, which has been much discussed among us.
In some of the States in our national confederacy, elections for two or more years have been adopted, as a security for the independence and fidelity of Senators. In others of them, a Senator must have a large landed estate ; in others such an estate is required both in the elector, and the Senator.
. The basis adopted in the Constitution of this State is, that Senators shall be apportioned throughout the State, according to the amount of public taxes paid in Districts of the State. That is, that the liability to be taxed, shall be accompanied by the right to be represented. We have not heard that this prin- ciple has been complained of by the people ; nor do we believe it is justly exceptionable in itself; on the contrary, the experi- ence of forty years entitles it to the most entire respect and confidence. We have not thought it expedient, nor do we be-
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lieve that you expected of us to make any fundamental change in this department. We have done no more than to make the necessary provision as to Districts, and to fix the number of Senators. We recommend that the number should be thirty six ; this number can be more conveniently distributed than any other throughout the State. A smaller number is not suf- ficient to perform the duty required of the Senate ; nor should the power of negativing the will of the House of Representa- tives, be confided in a smaller number.
THE HOUSE OF REPRESENTATIVES.
We have found great difficulty in amending the Representa- tive system, in a satisfactory manner. We have all agreed that whether the Representatives are few or many, the people ought to be equally represented in this branch. It was the general opinion, that the number should be reduced ; that town repre- sentation should be preserved ; that payment should be made from the State Treasury. Such mode of payment has been repeatedly voted in the House, and on one occasion it obtained the concurrence of the Senate. There is reason to believe that it will become the established mode of payment. But if it be so, and the present system of representation continues, the expense must soon become an insupportable burthen. A House composed of one hundred or one hundred and fifty members may be fully sufficient for all purposes of legislation ; but there could not be a reduction to such number, unless the State be divided into Districts, and consequently representa- tion by towns be given up.
We endeavoured, in the system which we submit to you-1. To reduce the number-2. To preserve the privileges of town representation-3. To provide for payment out of the State Treasury-4. To insure a general and constant attendance of members throughout the session.
To accomplish these objects, we recommend that twelve hundred Inhabitants should have one Representative, and that twenty four hundred be the mean increasing number for every additional Representative.
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But as nearly one half of the towns in the State average about eight hundred Inhabitants, we propose that these towns should each choose a Representative every other year, and that they should be divided by the Legislature into two classes for this purpose ; one or the other of which classes will choose every year.
To show the application of this system ; about seventy four Representatives will come every year from the classed towns, which will be one Representative for every 1632 Inhabitants in all the classed towns ; from those towns containing between twelve hundred and twenty four hundred will come one Repre- sentative for every 1650 Inhabitants ; from those towns con- , taining more than thirty six hundred Inhabitants will come one Representative for every 2100 Inhabitants. These calcula- · tions (necessarily taken from the census of the year 1810) are not precisely accurate ; but they are sufficiently so to show the effect of tlie system.
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