USA > Massachusetts > History of Massachusetts from the year 1790, to 1820. v. 3 > Part 22
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It is apparent that towns having between twelve hundred and thirty six hundred Inhabitants, can send but one Repre- sentative ; and that there will be large fractions in some of these towns. Perfect equality is not attainable under any sys- tem. There are fewer inequalities in the proposed system than in any which we have been able to imagine, if the four objects which we have mentioned are to be provided for ; and we be- lieve that the progress of population will constantly diminish those inequalities which may now exist.
We propose that in those years in which the valuation is set- tled, every town shall be represented.
. By the proposed system the number of Representatives will be about two hundred and sixty. We have thought it proper to offer to you further provisions, intended to prevent an in- crease in the number of Representatives, over two hundred and seventy five, in any future time. This may easily be done by empowering the Legislature to augment the ratio, after suc- cessive enumerations of the inhabitants. There was very lit- tle difference of opinion among us, on the expediency of pro-
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viding, that no town shall be hereafter incorporated with the right of sending a Representative, unless it contain twenty four hundred inhabitants.
If you are not willing to District the Commonwealth to elect members of the House ; if you are not willing to continue the present mode of numerous representation, with the liability to the enormous expense which would accrue from paying out of the public Treasury, some such system as we propose must be resorted to. We will not say, that this is the best that could be ; but we may justly say, that we have spared no exertion to form, and to present to you, the best which we could devise.
LIEUTENANT GOVERNOR AND COUNCIL.
We recommend that the Lieutenant Governor should have the like qualifications as are required in the Chief Magistrale, for the obvious reason, that the duties of the Executive Depart- ment may devolve on him.
During the last fifteen years, the Counsellors have been cho- sen by the Legislature from the people at large, after election, and resignation, from among those citizens who were returned as Senators, and Counsellors. Experience has shewn no in- convenience in this mode of election ; and we have deemed it to be proper, so to amend the Constitution, as to establish this mode. This change is, in effect, nothing more than doing away the useless form of choosing from the Senate. We did not prefer to cloct Counsellors by a general ticket, because we be- lieve that there would be some difficulty in agreeing on candi- dates; and that the electors, throughout the State, would not have such knowledge of candidates, as would enable them to exercise the right of suffrage in a manner acceptable to them- selves. We did not prefer to choose Counsellors in Districts, bcause we were of opinion, that it would not be agreeable to the citizens to be associated to exercise the right of suffrage on this occasion, as they would not be so united on any other : And that it would be an useless labor and expense to forin such districts, and an unnecessary burden on the people to meet and vote in such districts.
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We conceive, that a choice by the Legislature, is a choice by the people, through the agency of their public servants: That Counsellors so chosen, and who enter on the duties, assigned to them, as soon as they are chosen, will be more independent of the Chief Magistrate, and more independent of those who de- sire executive favor, than if chosen in any other mode, though . not less responsible to the people, because elected by the joint ballot of the two houses. We have all concurred in the opin- ion, that more than seven Counsellors are not necessary.
THE JUDICIARY.
In the Judicial Department, we think two amendments are expedient.
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An independent Judiciary is a fundamental principle of a free government. We cannot so well express our sentiments, on this important subject, as by referring to the twenty ninth article of the Declaration of Rights.
It is there said, " It is the right of every citizen to be tried by Judges, as free, impartial, and independent, as the lot of humanity will permit;" and therefore, " that Judges should hold their offices as long as they behave themselves well."
The Judges have not such tenure of office, unless the Con- stitution be understood to mean, that they are not liable to re- moval until they have an opportunity to show that the alleged causes for removal are unfounded and insufficient. . The Legis- lature, in removing a Judge excercises not only a discretionary but a Judicial power. Judgment cannot justly be given, in any case, affecting any interest, even of the humblest citizen, unless the cause has been first stated, and it has been permit- ted to him to show, what he considers to be the truth of his case.
It cannot, then, be consistent with the plainest principles of justice, that the public functions of a citizen, and perhaps his reputation, may be taken from him without any other notice from those who may exercise such power, than that they have exercised it, and that his relation to the public has ceased.
In whatever estimation we may hold the rights and interests, VOL. III. 41
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of any individual, who sustains a high Judicial office, it is rath- er the public right, and interest, which move us to propose the subjoined amendment.
The people can have no dearer interests of any thing per- taining to government, than in the interpretation of the laws; and in the administration of justice, affecting life, liberty, prop- erty and character. The constitution, with the explanatory amendment, which we propose, secures to the people the un- questionable right of removing the unfit, the unworthy and the corrupt; while it secures to them the no less valuable right of preserving to themselves, the able, the upright, and the in- dependent magistrate.
We propose, therefore, so to amend the Constitution as to require, that no judicial officer shall be removed from office, until the alleged causes of removal are stated on the records of the Legislature; nor until the individual, thereby affected, shall have had an opportunity to be heard.
In the second article of the third chapter it is provided; that cach branch of the Legislature, as well as the Governor and Coun- cil, shall have authority to require the opinion of the Judges, on important questions of law, and upon solemn occasions. We think this provision ought not to be a part of the Constitution; because, first, cach department ought to act on its own res- ponsibility. Second, Judges may be called on to give opinions on subjects, which may afterwards be drawn into Judicial ex- amination before them by contending parties. Third, no opin- ion ought to be formed, and expressed, by any Judicial officer, affecting the interest of any citizen, but upon full hearing, ac- cording to law. Fourth, because if the question proposed, should be of a public nature, it will be likely to partake of a political character; and it highly interests the people that Judi- cial officers should not be involved in political or party discus- sions.
We, therefore, recommend that this second article, should be annulled.
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SECRETARY AND TREASURER.
We recommend that the Executive should be empowered to fill vacancies, occurring in these departments, during the recess of the General Court, until a constitutional election is made.
MILITIA.
We propose that the office of Commissary General should not be filled by legislative election; nor in any other manner, excepting as the Legislature may, by law, provide; if such an officer should, hereafter be necessary.
As minors are required, by law, to perform military duty, and have consequently a direct interest in the qualifications for office, in those whom they are holden to obey, the want of dis- / cretion, which is legally affirmed of minors in other cases, is not applicable to this; and we have therefore, proposed an amendment, which authorizes those minors, who are enrolled in. the militia, to vote in the choice of officers.
. To diminish expense in the militia service, and to secure able and faithful performance of duty therein, we think it ex- pedient to empower the Legislature, to provide, by law, for the removal of officers in certain cases.
OATHS OF OFFICE.
We recommend that the oath of abjuration be abolished. However proper this oath may have been, while this country was maintaining its conflict for independence, with the mother country, the success of that conflict, and the lapse of time, have rendered that oath inapplicable to our condition.
We have agreed that the declaration of belief in the chris- tian religion, ought not to be required, in future; because we do not think the assuming of civil office, a suitable occasion . for so declaring; and because it is implied, that every man, who is selected for office, in this community, must have such sentiments of religious duty, as relate to his fitness for the place, to which he is called.
DISQUALIFICATIONS FOR OFFICE.
Some amendments are recommended in this division of the
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Constitution, founded on one, or other, of these principles, viz: First, to prevent the exercise, by the same individual, of those powers of government, which the Constitution ordains to be kept separate. Secondly, to preserve that distinction between the National and State governments, which the principle, on which these governments are relatively founded, require.
NOTARIES PUBLIC.
No difference of opinion occurred, on the expediency of transferring the appointment of these officers, from the Legis- Jative to the Executive department.
HARVARD UNIVERSITY.
We have thought it proper to inquire into the present state of this ancient and respectable institution; and have done this by the agency of a fully competent committee. We have made this inquiry, because this seminary has experienced the pat- ronage of government from its carliest foundation; and was justly beld to be worthy of appropriate constitutional provisions by our predecessors. It appears that the powers conferred on Harvard University, have always been exercised, and that the duties required of it have always been performed, with a sin- cere, and ardent desire, to promote the diffusion of useful knowledge; and to establish and preserve an honorable repu- tation in literature, and morals in this community.
We have however thought it proper, with the consent and approbation of the corporation, and overseers of the University, to propose to you, that .the Constitution should be so amended as to make ministers of the gospel, of any denomination, cligi- ble to the office of Overseers.
For the further illustration of this interesting subject, we beg leave to refer to the report of the committee, which was read in Convention, and ordered to be published.
INCORPORATION OF CITIES.
It appeared to us, that it would be convenient, and proper, that towns containing more than twelve thousand inhabitants, should, on application, of the qualified voters, by petition to the
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Legislature, be incorporated with municipal, or city powers and privileges. Without such powers and privileges, the inhabit- ants of such towns must continue to vote in one meeting, how- ever numerous they may become. This is already found to be an inconvenience in two towns, for the removal of which, pro- vision ought to be made. Under the limitations and restric- tions, which we have provided, we can sec no reason why the power to incorporate, should not be vested in the Legisla- ture. And we, therefore, recommend an alteration of the Con- stitution, so as to effect this purpose.
PROVISION FOR FUTURE AMENDMENTS.
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It may be necessary that specific amendments of the Consti- tution should hereafter be made. The preparatory measures in assembling a Convention, and the necessary expense of such an assembly are obstacles of some magnitude, to obtaining amendments through such means ; we propose that whenever two thirds of the House of Representatives, and a majority of the Senate in two successive Legislatures, shall determine that any specific amendment of the Constitution is expedient, such proposed amendment shall be submitted to the people ; and if accepted by the people, the Constitution shall be amended ac- cordingly. We believe that the Constitution will be sufficiently guarded from inexpedient alterations, while all those which are found to be necessary, will be duly considered, and may be ob- tained with comparatively little expense.
MODE OF SUBMITTING AMENDMENTS.
We have determined that it is not expedient to redraft the Constitution ; we believe it would be more acceptable to you, to see the proposed amendments separately. We therefore send them to you in this manner ; and numbered successively ; and accompanied by a form, in which assent or dissent may be easily expressed and made known.
You will perceive that if the amendments are adopted, wc propose that the amended Constitution shall go into operation on the fourth day of July in the present year ; and that the first
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clections will take place on the second Monday of November next ; and that the State Officers then chosen will commence · their official duties on the first Wednesday of January, next fol- lowing.
After due deliberation, we have decided, that it is most expe- dient and proper, that a large committee of the Convention shall be in session on the fourth Wednesday of May next, to receive the returns from the several towns ; and that this com- mittee shall examine the returns, and certify the result, to the Governor and to the Legislature ; which will be in session on and after the last Wednesday of May next. The Legislature will then declare to the people, in such manner as the Legisla- ture may see fit, the will of the People on the amendments which we submit to them.
We think this, Fellow Citizens, a proper occasion to allude to those grateful sentiments which we feel, in common with yourselves, for the blessings which have been experienced in this highly favoured community.
That pious, virtuous, well informed men should have been inspired to seck a home on these shores, and should have been :supported in all the perils inseparable from their enterprise ; that their intelligence and manly virtues should have been ¡transmitted through successive generations to descendants who dared to will and to effect a termination of all political connex- ion with a powerful kingdom ; that these descendants should have been able, in the midst of war, and of civil dissention, to establish a republic so wisely balanced as to accomplish every rational and benificent purpose which they had in view, are sub- jects which come to our recollection at this time, with peculiar interest. We do feel, and it becomes us to acknowledge, that we are a favored and a happy people, in our national and do- mestic relations. And, especially, that while so much of the civilized world is struggling with serious and fearful difficulties, it is permitted to this community, peaceably to assemble, and to deliberate and decide on the best means of securing and per- petuating social benefits and unquestioned rights.
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Among the duties of gratitude, is that of showing that we are worthy of these blessings, by conscientiously preserving them ; · among the obligations. which are inseparably connected with ,these blessings, is that of transmitting them to those who are to come, as faithfully as they have been guarded for us.
In Convention, Jan. 9, 1821 .... Read and Accepted.
ISAAC PARKER, President. A TRUE COPY.
ATTEST,
BENJ. POLLARD, Secretary.
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