USA > Massachusetts > Bristol County > Norton > History of the town of Norton, Bristol County, Massachusetts, from 1669 to 1859 > Part 37
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"Secondly, that there be [permission granted] from the General Court to the several towns and districts in this state, for said towns and districts to delegate such person or persons as they shall think fit to convene for the Express purpose (and for that only) of forming a constitution for this state ; and, Thirdly, that whatever the constitution may be that may be agreed on by said Convention, that you use your utmost influence that it shall not be established before it is laid before the several towns for their approbation, and that at least two- thirds of the voters on this occasion (collectively) approve of the said Constitution. These matters, with others that may come before the General Court, we trust to your firmness ; reserving to ourselves the liberty of further instructions as occasion may require.
" By order of the Town.
" SILAS COBB, Town Clerk."
How faithfully Mr. White obeyed the instructions of the town, or how much influence he exerted in the
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General Court towards bringing about results so nearly akin to the ideas embodied in the instructions, we have no means of knowing; but certain we are that a convention of delegates from the several towns was ordered to assemble at Cambridge on the first day of September, 1779, " for the sole purpose of forming a new Constitution, or form of Government."
Aug. 16, Mr. Abraham White was chosen a delegate from Norton to the proposed convention.
The convention assembled at the time and place appointed, and was continued by adjournments till March 2, 1780, when the draught for a Constitution was submitted to the people. It was adopted by a two- thirds vote of the State, previous to June, 1780; and, with the amendments since adopted, it is now the one under which we live.1 The town of Norton met to consider the new constitution, May 8, 1780, and at- tended to the reading of it. It was objectionable in some particulars. They chose a committee "to take sd. constitution into consideration, and report."
Adjourned to May 25. Then met, and heard the report of the above committee, their objections and amendments ; and it was " voted that the constitution, as it stands, should not be accepted unanimously, by 78 votes."
Then adjourned to June 1. At that time, it was " voted unanimously (108 voters present), that every article in the Declaration of Rights (except the fourth and twenty-second) and new form of Government should be accepted, that have not any objection or amendment made thereon by the committee." - " De- claration of Rights, Art. 3rd, voted with the amend- ment made by the committee, 72 for it, and 36 against it."-" Art. ye 4th, voted 51 for it, and 24 against it." -" Art. ye 22nd, voted 107 for it, and 1 against it." -" Voted, that the remaining part of the articles, with their amendments, be read, and voted upon all toge-
1 The first Legislature under the new Constitution assembled at Boston, Oct. 25, 1780.
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ther ; and voted to accept of them all, with their amendments and objections ; 103 voters for them, and 5 against them."
What were the particular objections to the several articles in the constitution does not appear, and pro- bably will never be revealed.1
The question of the revision of the State Constitu- tion was submitted to the people in the spring of 1795. A majority of the voters in the State were opposed to a revision. In this town, the vote was taken May 6; and " 43 voted for a revision of the Constitution, and 3 against." On the 21st of August, 1820, the town voted by ballot on this question, " Is it expedient that delegates should be chosen to meet in convention for the purpose of revising or altering the constitution of government of this commonwealth ?" and there were 90 yeas and 11 nays.
The requisite majority of voters in the State having been given in favor of a Constitutional Convention, delegates from the several towns were chosen. Those from Norton were George Walker and Seth Hodges. The convention met at Boston, Nov. 15, 1820. They were in session till Jan. 9, 1821, and submitted four- teen articles of amendments to the people for their acceptance. April 9, 1821, the town vote upon these several articles of amendment as follows : -
ART. I. related to the public worship of God, the support of religious teachers, and to persons accused of criminal offences. Yeas, 5; nays, 104.
ART. II. changed the commencement of the political year from the last Wednesday of May to the first Wednesday of January ; and provided for the choice of State officers in No- vember, instead of April. Yeas, 3; nays, 126.
ART. III. established the veto power of the Governor, &c. Yeas, 5 ; nays, 107.
1 At a meeting held the second Monday in May, 1781, " voted to Mr. Abraham White fifty old continental Dollars per day for forty-nine days that he attended at the State Convention held for forming a new Constitu- tion."
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ART. IV. empowered the General Court to grant a city government to towns having twelve thousand inhabitants. Yeas, 0; nays, 123.
ART. V. districted the State for the choice of thirty-six senators, instead of forty ; provided for the election of repre- sentatives from the several towns ; and required seven coun- cillors to be chosen by the Legislature " from among the people at large," instead of nine. Yeas, 0; nays, 147.
ART. VI. related to the qualification of voters. Yeas, 15; nays, 87.
ART. VII. related to the appointment of notaries public, secretary, treasurer, and commissary-general, and to the re- moval of military officers. Yeas, 0; nays, 105.
ART. VIII. had reference to voters for military officers. Yeas, 35; nays, 46.
ART. IX. related to the removal, by address of the Legis- lature, of justices of the peace and other judicial officers ; and forbade the Governor and Legislature to ask the opinion of the Supreme-Court judges upon certain questions. Yeas, 1 ; nays, 101.
ART. X. confirmed the rights and privileges, &c., of the President and Fellows of Harvard College, and regulated the choice of clerical overseers. Yeas, 2; nays, 89.
ART. XI. related to the oath of allegiance, and gave Quakers the privilege of affirming. Yeas, 27; nays, 53.
ART. XII. declared that no oath but that prescribed by the preceding article should be required of the Governor and other State officers. Yeas, 5; nays, 71.
ART. XIII. declared that a member of Congress should not hold at the same time certain judicial, state, and county offices, &c. Yeas, 27; nays, 38.
ART. XIV. prescribed the mode of making future amend- ments to the Constitution. Yeas, 4; nays, 79.
It will be seen that every article of amendment was rejected by the town, and most of them by a very de- cisive vote. The first, second, fifth, ninth, and tenth of these articles of amendment were rejected by the people ; the others were adopted by the requisite ma-
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jority of votes in the State, and constitute the first nine amendments to the Constitution of 1780.
The tenth article of amendment was passed by the Legisla- tures of 1829-30 and 1830-1; and was approved by the people, May 11, 1831. It changed the commencement of the political year from the last Wednesday of May to the first Wednesday of January ; and also required the Governor and Legislature to be chosen on the second Monday of November each year, instead of in the spring, as had long been the custom.
On this amendment, the vote of Norton stood, - yeas, 28; nays, 79.
The eleventh article of amendment was adopted by the Legislatures of 1832 and 1833; and was approved by the peo- ple, Nov. 11, 1833. This was a modification of the third arti- cle of the Bill of Rights, establishing religious freedom.
The vote of Norton upon it was 33 yeas and 6 nays.
The twelfth article of amendment was adopted by the Legislatures of 1835 and 1836 ; and was approved by the peo- ple, Nov. 14, 1836. It related to the apportionment of re- presentatives to the General Court.
The vote of Norton upon it was, - yeas, 66 ; nays, 6.
The thirteenth article of amendment was adopted by the Legislatures of 1839 and 1840; and was approved by the peo- ple, April 6, 1840. It related to the apportionment of sena- tors and representatives to the General Court, and the choice of councillors from the people at large.
The vote of Norton upon it was, - yeas, 77; nays, 4.
By order of the Legislature for that year, the people of the State voted, Nov. 10, 1851, for and against a Convention to alter the State Constitution.
The vote in Norton for a Convention was 165; against it, 105. The project was rejected by the peo- ple of the State. A similar proposition was submitted to the people, Nov. 8, 1852. In this town, the vote stood, in favor of a Convention, 159; against it, 107 : and there were a majority of voters in the State in favor of a Constitutional Convention. March 7, 1853, George B. Crane was elected a delegate to this Con- vention, which met at Boston on the first Wednesday of May, 1853, and continued in session till the 1st of
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August following. The Convention submitted for the approval of the people eight " Constitutional Propo- sitions." The vote was taken Nov. 14, 1853.
PROP. No. 1 embraced the old Constitution, modified in some respect ; and contained the Preamble, Declaration of Rights, and Form of Government.
In this town, the vote was as follows: Yeas, 156; nays, 116.
PROP. No. 2 granted the writ of habeas corpus, "as of right, in all cases in which a discretion is not especially con- ferred upon the Court by the Legislature." Yeas, 160; nays, 115.
PROP. No. 3 gave juries in criminal cases " the right, in their verdict of guilty or not guilty, to determine the law, and the facts of the case." Yeas, 159; nays, 116.
PROP. No. 4 affirmed that every person, having a claim against the Commonwealth, ought to have a judicial remedy therefor. Yeas, 160; nays, 115.
PROP. No. 5 declared that "no person shall be imprisoned for any debt hereafter contracted." Yeas, 158; nays, 115.
PROP. No. 6 forbade the public-school moneys to be used for the support of sectarian schools. Yeas, 158; nays, 116.
PROP. No. 7 forbade the Legislature creating corporations by special Act, " when the object of the incorporation is attain- able by general laws." Yeas, 159; nays, 114.
PROP. No. 8 took from the Legislature the power to grant " any special charter for banking purposes, or to increase the capital stock of any chartered bank;" but such corporations were to be formed " under general laws." Yeas, 159; nays, 114. -
All these several propositions were rejected by a majority of the voters in the State. The vote for and against them was almost strictly a party vote ; the Democrats and Free Soilers generally voting for," the Whigs and Catholics against, the proposition. The foreign vote, contrary to custom, was thrown on the Whig side.' The proposition against sectarian schools is supposed to have caused the Catholics, generally, to oppose all the propositions.
Six amendments to the Constitution, having been adopted by the Legislatures of 1854 and 1855, were
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submitted to the people for their approbation, May 23, 1855 ; and all of them were approved by a majority of the voters in the State voting thereon.
ART. I. of these amendments declared, that, in all elections of civil officers, the person having a plurality of votes should be " deemed and declared elected." On this the vote in Norton was,- yeas, 19; nays, 40.
ART. II. changed the time of choosing the Governor and State Legislature, from the second Monday to " the Tuesday next after the first Monday of November." Yeas, 52; nays, 7.
ART. III. required the State to be divided into eight Coun- cillor Districts, and the councillors to be chosen by the people, instead of the Legislature as heretofore. Yeas, 45; nays, 15.
ART. IV. required the Secretary of State, Treasurer, Au- ditor, and Attorney-General, to be chosen annually by the people. Yeas, 44; nays, 16.
ART. V. forbade the public-school moneys to be used for the support of sectarian schools. Yeas, 54; nays, 6.
ART. VI. related to the election of Sheriffs, Registers of Probate, Commissioners of Insolvency, Clerks of the Courts, and District Attorneys, by the people. Yeas, 44; nays, 16.
Most of these propositions were nearly identical with some of those proposed by the Convention of 1853, and that year rejected by the people.
The following amendments to the Constitution passed the Legislatures of 1856 and 1857 ; and were submitted to the people, May 1, 1857. The vote in Norton, upon these amendments, stood thus : -
ART. I. requiring each voter to be able to read the Con- stitution in the English language, and to write his name. Yeas, 38; nays, 56.
ART. II. providing for the districting of the State for the choice of two hundred and forty Representatives to the Gene- ral Court. Yeas, 41; nays, 52.
ART. III. requiring the State to be divided into forty single Districts, for the choice of State Senators. Yeas, 44; nays, 49.
All the amendments were adopted by a majority of the votes cast in the State.
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CHAPTER XXXI.
EAST AND NORTH PRECINCTS.
" They went out from us." - JOHN.
IT will be recollected, that in the Bill creating the North Precinct of Taunton, and also in the Act incor- porating the town of Norton, there was a proviso, that the east end of the North Purchase should have a pre- cinct by themselves, whenever the court should judge them able to support a minister. I am indebted to Ellis Ames, Esq., of Canton, for the following docu- ments relating to the East Precinct : -
" Oct. 30, 1717, a petition of the Inhabitants of the East- erly part of Taunton North Purchase, shewing that, whereas the Honble. Court, when they granted the North Precinct in Taunton to be a town by the name of Norton, made this pro- viso, - that the East end of the North Purchase shall have half of the said Purchase as their precinct, when they are able to maintain a minister, and this Court judged them so ; and that, since the passing of that order of the General Assembly (which was in March 17, 1710-11), the number of the settled families in the said East end of Taunton North Purchase is much increased, and their settlements are too remote from any place where the public worship is carried on to travel comfortably to any such place, - they now judge themselves in a capacity to support a minister themselves.
" Therefore, praying that a committee be appointed be- tween them and the town of Norton, that they may know their bounds of the half-part of the North Purchase, and that this Hon. Court would grant them to be a distinct Precinct or Township, as they shall in their wisdom think fit. And the petition was on that day read in Council, and sent down to the House of Representatives."
" In the House of Representatives, November 11. - Read, and Ordered that the said East end of Norton be made as a
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precinct, and have the powers and privileges granted by law to precincts; and that John Field, Ephraim Howard, and John White, surveyor, be a committee to run and settle a divisional line, by which it is to be set off from the other part of Norton, - pursuant to an order of the Court, March 17, 1710-11, - and make report to this Court.
" Sent up for Concurrance.
" In Council. - Read and Concurred. " Consented to. " SAML. SHUTE."
On June 5, 1718, the report of the above-named committee, marking out the bounds, came in, and was confirmed, establishing the bounds of the East Precinct. Also, on June 5, 1718, an order was passed, on the petition of several of the inhabitants of the East Pre- cinct of Norton, praying that a committee be appointed by the General Court to find out the centre of the East Precinct, and to appoint the place where the meet- ing-house shall be built.
Having built a meeting-house, and provided them- selves with a minister, and become " competently filled with inhabitants," the East Precinct petitioned the Ge- neral Court to be incorporated as a town. It appears from our records that there was no opposition to the measure, from Norton : for, Dec. 7, 1725, " at a meet- ing of the Inhabitants, Legally warned, thare was a vote Caled for to Know whether the East Precint Should Be made into a township, and thare was but one hand heald up; and thare was a negative vote caled for, and thare was not one hand up." Accord- ing to the prayer of the petitioners, the town of Easton was incorporated Dec. 21, 1725; and thenceforth all municipal connection between the two towns ceased.
NORTH PRECINCT.
Two or three years after the organization of the East Precinct, a movement was made in the westerly part of the town to take another slice from the North- Purchase part of Norton. May 15, 1721, at a town- meeting, -
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" 4ly, thay voted not to Grant the desire of Thomas Skin- ner and his neighbours concerning thayre being dismised from sd. towne, in order to thare Gitting a towneship with Part of Dorgester and Part of attleborough."
But the friends of the movement were not satisfied with the above vote, and therefore renewed their re- quest the next year with no better success ; for, at a meeting, March 20, 1722, " Bly, they voted that they would not Sett of Mr. Skiner and that Naiberhood to be a precent acording to theyr Bounds that they re- quested." This second denial of their request seems . to have moderated the zeal of the petitioners, but not entirely to have removed it. The probable reason why they wished for a precinct was the inconvenience felt of going five, six, and seven miles to meeting; and they desired to be empowered to establish the ministry among themselves.
After waiting a few years till their numbers were somewhat increased, they again renewed their request, and were again disappointed. The record says, that at a town-meeting, May 8, 1727,-
" 2ly, it 'twas Put to vote, whether they would Give Liberty to Thomas Skiner, Sener, and fifteen others, to Go of to be a Precent with part of the towne of Atelboro' and Part of the towne of Dorchester, acording to the Bounds which they Pititioned to sd. towne for ; and it pased in the negative." - " 3ly, the question was Put to vote, whether they ware willing that the Persons that have Pititioned should Go to joyne with Part of sd. townes to be made a Precent; and it Pased in the negative."
Thus baffled in their attempts to be erected into a precinct, they take another tack ; looking towards the establishment of a second society, as it appears by this record : -
" Feb. 19, 1728-9, it 'twas put to vote, whether the towne would Buld a meeting-house upon ye minestree Land in ye Northern Part of the towne, and setell a minester thare, and pay him out of the towne treasurey ; and it Pased in the nega- tive. And then it 'twas Put to vote, whether the towne would
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Sett of ye Inhabetance in ye north Part of this towne, acord- ing to the Bounds they Petitioned for ; and it Pased in ye negative."1
The petitioners, again defeated, again renew their request. Every failure had only added new converts to the cause ; and a pretty general feeling was manifested in the north part of the town to have better ministe- rial accommodations, and another determined attempt was made to wring from the town the boon they asked. All things being matured, a town-meeting was called, to be " on Monday, the 21st day of September, 1730." The friends of a new precinct were out in full strength. It soon became evident that the house was about equally divided upon the question, and hence great precaution was necessary on the one side and the other to insure success and to prevent defeat. A moderator (John Briggs, 2d) is chosen from the south part of the town. Rather an ill omen, this; but it does not discourage the Northerners. Probably " noses had been counted." Now came the " tug of war."
" 2ly, thare was a vote Called for by ye moderator, for those that ware for seting of ye northern Parts of norton, acording to theyr Request, to Bring in paper-votes, writ upon (Sett of) ; and those that ware against it to Bring in theyr votes, writ upon (not Sett of) ; and there was 54 votes for seting of, and 47 votes for not seting of."
The combined northern forces triumphed, and great was the rejoicing on their part. A portion of the de-
1 I am informed by D. S. Cobb, Esq., that his uncle, Capt. Daniel Smith, recently deceased, had told him a spot for a meeting-house was once staked out, not far from said Smith's house, on the southerly side of Rumford River, westerly of the road on the high ground near the bridge. This is about a mile and a half northerly from the Centre Village of Norton, where the first meeting-house was erected; and would have been nearly in the middle of the tract of land then constituting the town of Norton. If the house had been placed there, it would, no doubt, have given satisfaction to the people of what is now Mansfield; and, perhaps, might have kept the two towns together even to the present time. It would have been a very pleasant site for a meeting-house.
But probably the southerly portion of the town, having a meeting-house that well accommodated them, did not care to incur the expenses of re- moving it, or of building a new one; and hence no arrangement satisfactory to the northern part could be made.
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feated party consult together for a few moments, and then cause the following entry to be made on the town- records : -
" We, the subscribers, are of opinion, that the vote Called to sett of ye northern Part of norton, acording to their Re- quest, was an elegall vote; and tharefore we do enter our Protests against it, - Eleazer Fisher, Sener, Isreall woodward, Elezer Fisher, Juner, Ebenezer Burt, Jonathan Burt, John Cobb, Benjamin Selee, Nathaniell Fisher, Juner, John Bra- nam, Jeremiah newland, Robert Tucker, John Fisher, Jo- seph Gray, Sener, Joseph Gray, Juner, Joseph Hodges, Wil- liam Ware, Ephraim Lane, Nathan Fisher, Ichabod Shaw, Silvenus Cambell, Peter aldrich, nemiah Fisher, Edmun Fisher, Benjamen Lane, Benjamen Hodges, Thomas Shaw, Sener, Ebenezer Eddy, Sener, Daniell Braman, Nathaniell Fisher, Nathaniell Braman, George Leonard."
Having thus obtained the consent of the town for their erection into a precinct, the Northerners forth- with, by petition, appear before the General Court, asking that legal steps be taken to invest them with the powers, privileges, &c., of a parish. The accom- panying documents show that their prayer was soon granted : -
" On the petition of Nicholas White and others, of Norton. In the house of Representatives, June 23rd, 1731. - Read, and ordered that the petitioners, with their estates, agreeable to the bounds hereafter mentioned, - viz., westwardly by Attle- borough bounds ; north-eastwardly by Stoughton bounds; east- wardly by Easton bounds, until it comes to be due west from the house of Erasmus Babbit, deceased ; from thence to the south of Samuel Caswell's house, three rods or poles ; from thence to the centre between the public meeting-house in said Norton, and the common land upon the eight-mile plain in said Norton ; from said centre to said Attleborough bounds, on the south of Benjamin Lane's house; and on the north of the house of Isaac Shepard, deceased, - be, and hereby are, erect- ed into and made a distinct and separate precinct, and vested with like powers, privileges, and immunities as other pre- cincts within this Province have, or by law ought to enjoy.
" Sent up for concurance."
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" In council, June 23rd, 1731. - Read and concured. "J. WILLARD, Secretary."
"June 23rd, 1731. - Consented to : " J. BELCHER.
" Copy examined, "Per J. WILLARD, Secretary."
On the 16th of August, 1731, George Leonard, jus- tice of the peace, issued a warrant, directed to Josiah Pratt, one of the inhabitants of the North Precinct of Norton, authorizing him to notify the inhabitants of the precinct to meet at the house of Isaac Wellman, " on Tuesday, the 31st of August," to choose precinct officers. At this meeting, Nicholas White was chosen moderator ; Benjamin Williams, clerk ; John Skinner, Josiah Pratt, and Ephraim Leonard, assessors ; Joseph Elliot, treasurer ; Thomas Skinner, Nicholas White, and Ephrain Grover, prudential committee.
At this time, the North Precinct " contained 30 or 35 families. They soon made preparations for a place of public worship. A small frame was put up, a little south of the present central Congregational meeting- house, on the common." Efforts were then made for establishing public worship. Sept. 4, 1731, the pre- cinct " vote to cover and enclose the meeting-house already put up," -" to put in window-frames, lay the floor," &c., and appropriate forty pounds (old tenor) to defray the expense. Sept. 28, Thomas Skinner, Samuel Bailey, and Ephraim Grover, were chosen "a committee to inspect the work done on the meeting- house."
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