,J Digitized by the Internet Archive in 2007 with funding from Microsoft Corporation http://www.archive.org/details/debatesproceedinOOmassrich J DEBATES AND PROCEEDINGS CONVENTION (fommmttolilj flf 5las$at|»setts, /.- _ HELD IN THE YEAR 1.78 8 AND WHICH FINALLY B.ATIFIED THE CONSTITUTION OF THE UNITED STATES. Printed by authority of Resolves of the Legislature. 1856. .. ... .o. » BOSTON: WILLIAM WHITE, PRINTER TO THE COMMONWEALTH. 1856. * •**>* ooC 0^' PREFACE. There have been four " Constitutional Conventions " in the history of Massachusetts. The first was that which formed the State Constitution in 1779-80 ; the second was that which adopted and ratified the Constitution of the United States in 1788 ; the third was held in 1820-21, and proposed fourteen Articles of Amendment to the State Constitution, of which nine were adopted by the people ; the fourth was held in 1853, and proposed a new State Constitution which was not adopted by the people. The Journal of the first Convention was printed by order of the legislature in 1832, on the recommendation of the Joint Committee on the Library, of which the late Hon. Alexander H. Everett was chairman. The proceedings of the second Convention were of great importance, and were so regarded throughout the country at the time. It is quite certain that if Massachusetts had refused her assent to the Constitution of the United States, that well-devised scheme of government, the careful work of the patriots and statesmen of the last century, under which the nation has enjoyed so large a degree of pros- perity, would have failed. There is ample evidence of this in the letters which are printed at the end of this volume. 263770 IV PREFACE. The Constitution was adopted in the Massachusetts Con- vention, after a full discussion, by a majority of nineteen in a vote of three hundred and fifty-five. Certain amend- ments were recommended by the Convention, a portion of which were in substance agreed to by all the States. It is believed that at the beginning of the session of the Con- vention there was a majority against the Constitution. The determination which was reached must thus be as- cribed, in a large degree, to the arguments which were used by the speakers. The debates were reported in the Boston newspapers of the time, the " Independent Chronicle " and the " Massa- chusetts Centinel," and these reports were collected into a volume printed soon after the adjournment of the Conven- tion. A second edition of this volume was printed in Boston in 1808 ; and its contents were afterwards repeated in Elliott's Debates. In the course of the session of the Massachusetts legis- lature, in 1856, the attention of the Joint Committee on the Library was called by the State Librarian to the fact that the volume of Debates was rare, there being but a single copy, and that imperfect, in the possession of the Commonwealth. The interest 'and value of the work were obvious. Accordingly the chairman of the Committee offered the following Resolve, which passed both houses without opposition, and was approved by the Governor, March 5, 1856:— " Resolved, That the Report of the Proceedings of the Massachusetts Con- vention of the year one thousand seven hundred and eighty-eight be reprinted under the direction of the Committee on the Library ; that the same number be printed as of ordinary legislative documents ; and that one copy be fur- nished to each member of the executive and legislative departments of the government for the present political year." PREFACE. V Upon inquiry in the office of the Secretary of the Com- monwealth, it was discovered that the official journal, and a small file of documents relating to the Convention, which had never been printed, were in a perishable condi- tion. It was thought that their publication would add es- sentially to the value of the Report, and that they were even necessary, at the present time, to throw light upon the discussions. The Committee also learned that an original manuscript, containing the clear and striking notes of the debates kept by Chief Justice Parsons, of Newburyport, who was a member of the Convention, was in the posses- sion of the Boston Athenaeum, and the Committee were kindly permitted to take a copy of it. The printed report of the debates was not in itself an official document ; and in order to give a full view of the transactions of the Convention, it seemed to be necessary that the official journal, together with the record of certain other preliminary and subsequent legislative proceedings should be presented at the same time, while Judge Par- sons's notes, together with a few of the more elaborate discussions in the public prints, would serve to exhibit a clearer idea of the tone and scope of the Debates. Induced by these considerations, the Committee proposed the fol- lowing additional Resolve, which, also, passed both houses with the same unanimity as the former, and was approved by the Governor, April 8, 1856 : — " Resolved, That in the reprint of the Report of the Proceedings of the Mas- sachusetts Convention, of one thousand seven hundred and eighty-eight, there shall be included the Official Journal of the Convention, now in the archives of the State ; and such other documents relating to the subject, as in the opinion of the Committee on the Library may be necessary." VI PREFACE. In discharge of the duty enjoined by these Resolves, the Committee, after a full discussion of the plan, appointed two of their number — Bradford K. Peirce and Charles Hale — as a sub-committee to prepare and arrange the ma- terials of the volume, and to supervise its passage through the press. This work has been attended to with such diligence and ability as we were able to bring to it. It has been our understanding of the Resolves, that we were not to digest the various papers coming into our hands in order to pre- sent a new report, but to obtain and arrange such original documents as had been preserved, illustrating the transac- tions of the Convention. We have not sought to multiply unnecessary notes, but when an explanation seemed to be required, or when a quotation from the press of the day illustrated the text, we have appended it at the foot of the page. In order to preserve the official journal exactly as it was kept by the Secretary (with the exception of the errors in spelling) we have introduced the documents to which it refers, in the form of notes. Among these papers will be found several of permanent historical value. We have given special attention to the correction of the press ; the original report and many of the papers being sadly disfigured by typographical errors. We have been indebted to the attentions of Hon. George S. Boutwell, the State Librarian, to his Assistant, Dr. Jack- son, and to Hon. F. DeWitt, Secretary of the Common- wealth, for their assistance in consulting and using the archives of the Commonwealth ; to the Boston Athenaeum, for the privilege of copying Judge Parsons's Minutes, already mentioned, and for the use of its files of newspa- pers ; to Charles Folsom, Esq., and William F. Poole, Esq., PREFACE. Vll the past and present Librarians of the Athenaeum, for facilities in using the rich literary stores of that institution ; to Hon. Josiah Quincy, senior, Hon. Edward Everett, Jared Sparks, LL.D., Hon. George Bancroft, and Richard Hildreth, Esq., for their kind answers to questions asked by the Committee in the prosecution of their labors. Mr. Quincy remembers attending the debates in the gallery of the meeting-house in Federal Street. Mr. Bancroft has supplied us with two letters, which are printed at the close of the volume, and others have been copied from Mr. Sparks' s valuable collections. It will be observed that three separate and independent records of the proceedings of the Convention are included within this volume. The first is the Official Journal kept by the Secretary of the Convention, occupying pages 29 to 94, inclusive. The second is the Report of Debates, taken by the* editors of the newspapers, occupying pages 95 to 284, inclusive. The third is Judge Parsons's Minutes, oc- cupying pages 285 to 320, inclusive ; — this record unfor- tunately closes abruptly, ten days before the adjournment of the Convention. The first and third of these records are here printed for the first time. The second is printed from the volume published hi 1808, which was the second edition of the Debates. The Constitution and documents following it, beginning at page 1 and ending at page 17 of this volume, are printed in the order and style of the volume published in 1808. B. K. p. J COMMITTEE ON THE LIBRARY, i8oe, BRADFORD K. PEIRCE, WILLIAM S. BRAKENRIDGE, AUGUSTUS C. CAREY, Of the Senate. LEVI THAXTER, GEORGE BEAL, Jb, CHARLES HALE, Of the House of Representatives. NOTE TO THE FIRST EDITION OF THE DEBATES. [The following Note was appended to the first edition of the Debates.] *** The Printers who took the minutes of the preceding Debates, are con- scious that there are some inaccuracies, and many omissions made in them. It could not be otherwise, as they were inexperienced in the business,' and had not a very eligible situation to hear in the Convention. But this they can say, that through the whole of them, they have had a sacred regard to justice and impartiality ; and therefore they are emboldened to hope for the candor and pardon of the gentlemen in whose observations they occur, (from whom they have not been able to obtain corrections,) and of the public in general. Correction. — The note on page 60 is erroneous in stating that the meeting- house where the sessions of the Convention were held, is the building still standing. The present building, however, stands on the same site as the former building, where the Convention sat. CONTENTS. Preface, iii Note to the First Edition of the Debates, xi Commission of the Massachusetts Delegates to the Federal Convention, xv Constitution of the United States as proposed for ratification by the Federal Convention, 1 Resolutions of the Federal Convention, 15 Letter from George Washington, President of the Federal Convention, to the President of Congress, . . . . . ' . . . 16 Message of Governor Hancock to the Massachusetts Legislature, . . 18 Proceedings of the Legislature, before the Convention, . . . 19 Resolves of Massachusetts calling a Convention, . - . . . . 22 Letter of Hon. Elbridge Gerry, read in the legislature, ... 24 Official Journal, 29 Debates, .95 Judge Parsons's Minutes, 285 Proceedings of the Legislature, after the Convention, .... 321 Public Sentiment of the Day, 323 Spirit of the Press, 335 Letters, 399 Amendments to the Constitution adopted since the ratification by the Convention, 418 Dates of the ratification by the thirteen States, 418 Index, . 419 COMMISSION OF THE MASSACHUSETTS DELEGATES. COMMONWEALTH OF MASSACHUSETTS. By his Excellency, James Bowdoix, Esq., Governor of the Commonwealth of Massachusetts. To the Honorable Fraxcis Daxa, Elbridge Gerry, Nathaxiel Gorham, Rufus King, and Caleb Stroxg, Esqrs., Greeting : — Whereas, Congress did, on the 21st day of February, A. D. 1787, resolve, " That, in the opinion of Congress, it is expedient that, on the second Monday in May next, a Convention of Delegates, who shall have been appointed by the several States, to be held at Philadelphia, for the sole and express purpose of revising the Articles of Confederation, and reporting to Congress, and the several Legislatures, such alterations and provisions therein as shall, when agreed to in Congress, and confirmed by the States, render the Federal Con- stitution adequate to the exigencies of Government and the preservation of the Union." And whereas, the General Court have constituted and appointed you their delegates, to attend and represent this Commonwealth in the said pro- posed Convention, and have, by a resolution of theirs of the tenth of March last, requested me to commission you for that purpose. Now, therefore, know ye, that in pursuance of the resolutions aforesaid, I do, by these presents, commission you, the said Francis Dana, Elbridge Gerry, Nathaniel Gorham, Rufus King, and Caleb Strong, Esqrs., or any three of you, to meet such delegates as may be appointed by the other, or any of the other States in the Union, to meet in Convention at Philadelphia, at the time, and for the purposes aforesaid. In testimony whereof, I have caused the public seal of the Commonwealth aforesaid to be* hereunto affixed. Given at the Council Chamber, in [l. s.] Boston, the ninth day of April, A. D. 1787, and in the eleventh year of the independence of the United States of America. JAMES BOWDOIN. By his Excellency's command. John Avery, Jux., Secretary. CONSTITUTION UNITED STATES, AS PROPOSED FOR RATIFICATION BY THE SEVERAL STATES, AT THE GRAND FEDERAL CONVENTION, SEPT. 17, 1787. PREAMBLE WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tran- quillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. LEGISLATIVE POWER. The House of Representatives. Section 1. All legislative powers herein granted shall be vested in a congress of the United States, which shall consist of a senate and house of representatives. Sect. 2. The house of representatives shall be composed of members chosen every second year, by the people of the several states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state, legislature. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years 1 2 : \ \ : .•: •;; ;'•/;: : p^opdsijD constitution. [1787. a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be deter- mined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand ; but each state shall have at least one representative ; and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three; Massachusetts, eight; Ehode Island and Providence Plan- tations, one ; Connecticut, five ; New York, six ; New Jersey, four ; Pennsylvania, eight; Delaware, one; Maryland, six ; Vir- ginia, ten ; North Carolina, five ; South Carolina, five, and Georgia, three. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. The house of representatives shall choose their speaker and other officers ; and shall have the sole power of impeachment. Senate. Sect. 3. The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years ; and each senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year ; of the second class at the expiration of the fourth year ; and of the third class at the expiration of the sixth year ; so that one- third may be chosen every second year ; and if vacancies hap- pen by resignation or otherwise, during the recess of the 1787.] PROPOSED CONSTITUTION. 3 legislature of any state, the executive thereof may make tem- porary appointments, until the next meeting of the legislature, which shall then fill such vacancies. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhab- itant of that state for which he shall be chosen. The vice-president of the United States shall be president of the senate, but shall have no vote unless they be equally divided. The senate shall choose their other officers, and also a pres- ident pro tempore , in the absence of the vice-president, or when he shall exercise the office of president of the United States. The senate shall have the sole power to try all impeach- ments ; when sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside ; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment, in cases of impeachment, shall not extend fur- ther than to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States ; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment accord- ing to law. Sect. 4. The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof ; but the congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators. THE GENERAL CONGRESS. The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Sect. 5. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority 4 PROPOSED CONSTITUTION. [1787. of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Sect. 6. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the au- thority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time ; and no person holding any office under the United States shall be a member of either house during his contin- uance in office. THE POWERS OF CONGRESS. Sect. 7. All bills for raising revenue shall originate in the house of representatives ; but the senate may propose or con- cur with amendments, as on other bills. Every bill which shall have passed the house of representa- tives and the senate, shall, before it become a law, be presented 1787.] PROPOSED CONSTITUTION, 5 to the president of the United States; if he approve, he shall sign it ; but if not, he shall return it with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to recon- sider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall like- wise be reconsidered, and, if approved by two-thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays ; and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sun- days excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the congress, by their adjournment, prevent its return, in which case it shall not be a law. Every order, resolution or vote, to which the concurrence of the senate and house of representatives may be necessary, (except on a question of adjournment,) shall be presented to the%president of the United States ; and before the same shall take effect, shall be approved by him, or, being disap- proved by him, shall be repassed by two-thirds of the senate and house of -representatives, according to the rules and limita- tions prescribed in the case of a bill. Sect. 8. The congress shall have power : — To lay and collect taxes, duties, imposts and excises ; to pay the debts, and provide for the common defence and general welfare of the United States ; but all duties, imposts and excises shall be uniform throughout the United States : — To borrow money on the credit of the United States : — To regulate commerce with foreign nations, and among the several states, and with the Indian tribes: — To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States : — To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures : — To provide for the punishment of counterfeiting the securities and current coin of the United States; — To 6 PROPOSED CONSTITUTION. [1787. establish post offices and post roads : — To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries : — To constitute tribunals inferior to the supreme court : — To define and punish piracies and felo- nies committed on the high seas, and offences against the law of nations : — To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water : — To raise and support armies ; but no appropriation of money to that use shall be for a longer term than two years : — To provide and maintain a navy : — To make rules for the government and regulation of the land and naval forces : — To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions : — To pro- vide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respec- tively, the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by congress : — To exercise exclusive legislation in all cases what- soever, over such district, (not exceeding ten miles squa§e,) as may by session of particular states, and the acceptance of con- gress, become the seat of the government of the United States ; and to exercise like authority over all places purchased by consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock- yards and other needful buildings : and to make all laws which shall be necessary and proper for carrying into execu- tion the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. RESTRICTIONS UPON CONGRESS. Sect. 9. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year one thousand eight hundred and eight : but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person* 1787.] PROPOSED CONSTITUTION. 7 The privilege of the writ of habeas corpus shall not be sus- pended, unless when, in cases of rebellion or invasion, the public safety may require it. No bill of attainder or ex post facto law shall be passed. No capitation or other direct tax, shall be laid, unless in proportion to the census or enumeration, herein before directed to be taken. No tax or duty shall be laid on articles exported from any state. No preference shall be given, by any regulation of commerce or revenue, to the ports of one state over those of another ; nor shall vessels bound to or from one state, be obliged to enter, clear, or pay duties in another. No moneys shall be drawn from the treasury but in conse- quence of appropriations made by law ; and a regular state- ment and account of the receipts and expenditures of all public money shall be published from time to time. No title of nobility shall be granted by the United States ; and no person holding any office of profit or trust under them, shall, without the consent of the congress, accept of any pres- ent, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. RESTRICTIONS UPON RESPECTIVE STATES. Sect. 10. No state shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts ; or grant any title of nobility. No state shall, with- out the consent of the congress, lay any imposts, or duties on imports or exports, except what may be absolutely neces- sary for executing its inspection laws ; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States ; and all such laws shall be subject to the revision and control of the congress. No state shall, without the consent of congress, lay any duty of tonnage, keep troops, or ships of 8 PROPOSED CONSTITUTION. [1787. war, in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. EXECUTIVE POWER. Sect. 1. The executive power shall be vested in a presi- dent of the United States of America. He shall hold his office during the term of four years ; and, together with the vice-president, chosen for the same term, be elected as fol- lows : — Each state shall appoint, in such a manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the congress : but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves: and they shall make a list of all the persons voted for, and of the num-. ber of votes for each ; which list they shall sign and certify, and transmit, sealed, to the seat of government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of repre- sentatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes, shall be the president, if such number be a majority of the whole number of electors appointed : And if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately choose by ballot one of them for president; -and if no person have a majority, then from the five highest on the list, the said house shall, in like manner, choose the president : but in choosing the president, the votes shall be taken by states, the representation from each state having one vote ; a quorum for this purpose 1787.] PROPOSED CONSTITUTION. 9 shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice-president. But if there shall remain two or more who have equal votes, the senate shall choose from them, by ballot, the vice-president. The congress may determine the time of choosing the elec- tors, and the day on which they shall give their votes : which day shall be the same throughout the United States. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of president ; neither shall any person be eligible to that office, who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice- president ; and the congress may by law provide for the case of removal, death, resignation or inability, both of the presi- dent and vice-president, declaring what officer shall then act as president ; and such officer shall act accordingly, until the disability be removed, or a president shall be elected. The president shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected ; and he shall not receive, within that period, any other emolument from the United States, or any of them. Before he enter on the execution of his office, he shall take the following oath or affirmation : — " I do solemnly swear, (or affirm,) that I will faithfully exe- cute the office of president of the United States, and will, to the best of my ability, preserve, protect, and defend the consti- tution of the United States." Sect. 2. The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United 2 10 PROPOSED CONSTITUTION. [1787. States. He may require the opinion, in writing, of the princi- pal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur ; and he shall nominate, and, by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appoint- ments are not herein otherwise provided for, and which shall be established by law : but the congress may by law vest the appointment of such inferior officers as they think proper, in the president alone, in the courts of law, or in the heads of departments. The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting com- missions which shall expire at the end of their next session. Sect. 3. He shall, from time to time, give to the congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient ; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to, the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Sect. 4. The president, vice-president, and all civili officers of the United States, shall be removed from office on impeach- ment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. 1787.] PROPOSED CONSTITUTION. 11 ARTICLE III. JUDICIARY POWER. Sect. 1.. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Sect. 2. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and maritime jurisdiction ; to controversies to which the United States shall be a party ; to controversies between two or more states ; between a state and citizens of another state ; between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens, or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate juris- diction, both as to law and fact, with such exceptions and under such regulations, as the congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed ; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed. Sect. 3. Treason against the United States shall consist only in levying war against them, or in adhering to their ene- mies, giving them aid and comfort. No person shall be con- 12 PROPOSED CONSTITUTION. [1787. victed of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. The congress shall have power to declare the punishment of treason ; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. Sect. 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state : and the congress may, by general laws, prescribe the manner in which such acts, records and proceed- ings shall be proved, and the effect thereof. Sect. 2. The citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor ; but shall be delivered up on claim of the party to whom such service or labor may be due. GENERAL REGULATIONS. Sect. 3. New states may be admitted by the congress into this Union ; but no new state shall be formed or erected within the jurisdiction of any other state, nor any state be formed by the junction of two or more states or parts of states, without the consent of the legislatures of the states concerned, as well as of the congress. The congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other 1787.] PROPOSED CONSTITUTION. 13 property belonging to the United States ; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or any particular state. Sect. 4. The United States shall guarantee to every state in this Union, a republican form of government ; and shall protect each of them against invasion : and, on application of the legislature, or of the executive, (when the legislature can- not be convened,) against domestic violence. ARTICLE ' V. PROVISION FOR AMENDMENTS. The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution : or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amend- ments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conven- tions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress ; provided, that no amendment which may be made prior to the year one thou- sand eight hundred and eight, shall, in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no state, without its consent, shall be deprived of its equal suffrage in the senate. ARTICLE VI. GENERAL REGULATIONS. All debts contracted, and engagements entered into, be- fore the adoption of this constitution, shall be as valid against the United States, under this constitution, as under the con- federation. This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or 14 PROPOSED CONSTITUTION. [1787. which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound, by oath or affirmation, to support this constitution ; but no religious test shall ever be required as a qualification to. any office or public trust under the United States. ARTICLE VII. The ratification of the conventions of nine states shall be sufficient for the establishment of this constitution, between the states so ratifying the same. Done in convention, by the unanimous consent of the states present, the seventh day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America, the twelfth. In witness whereof, we have hereunto subscribed our names. GEORGE WASHINGTON, President and Deputy from Virginia. tit tt i • ( John Langdon. New Hampshire. ] mnxjnjka arrAI Massachusetts. Connecticut, Nicholas Gilman. Nathaniel Gorham. Rufus King. William Samuel Johnson. Roger Sherman. New York. Alexander Hamilton. ( William Livingston. , r 7 J David Brearly. New Jersey. { WlLLIAM Patterson. ^ Jonathan Dayton. 1787.] PROPOSED CONSTITUTION. 15 Pennsylvania. Delaware. Maryland. Virginia. North Carolina. South Carolina. Georgia. ( Benjamin Franklin. Thomas Mifflin. Robert Morris. George Clymer. Thomas Fitzsimons. Jared Ingersoll. James Wilson. Gouveneur Morris. ( George Read. Gunning Bedford, Jr. < John Dickinson. Richard Basset. Jacob Broom. James M'Henry. Daniel of St. Thomas Jenifer. Daniel Carrol. John Blair. James Madison. Jr William Blount. Richard Dobbs Spaight. Hugh Williamson. John Rutledge. Charles Cotesworth Pinckney. Charles Pinckney. Pierce Butler. William Few. Abraham Baldwin. Attest. William Jackson, Secretary. In Convention, Monday, September 17, 1787. Present — The States of New Hampshire, Massachusetts, Con- necticut, Mr. Hamilton, from New York, New Jersey, Penn- sylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia. Resolved, That the preceding constitution be laid before the United States in congress assembled, and that it is the opinion of this convention that it should afterwards be submitted to a convention of delegates, chosen in each state, by the people 16 PROPOSED CONSTITUTION. [1787. thereof, under the recommendation of its legislature, for their assent and ratification ; and that each convention assenting to, and ratifying the same, should give notice thereof to the United States in congress assembled. Resolved, That it is the opinion of this convention, that as soon as the conventions of nine states shall have ratified this constitution, the United States, in congress assembled, should fix a day on which electors should be appointed by the states which shall have ratified the same, and a day on which the electors should assemble to vote for the president, and the time and place for commencing proceedings under this constitution. That after such publication the electors should be appointed, and the senators and representatives elected : That the electors should meet on the day fixed for the election of the president, and should transmit their votes, certified, signed, sealed and directed, as the constitution requires, to the secretary of the United States, in congress assembled, that the senators and representatives should convene at the time and place assigned ; that the senators should appoint a president of the senate for the sole purpose of receiving, opening and counting the votes for president ; and that after he shall be chosen, the congress, together with the president, should, without delay, proceed to execute this constitution. By the unanimous order of the convention. GEORGE WASHINGTON, President, William Jackson, Secretary. In Convention, September 17, 1787. Sir, — We have now the honor to submit to the consideration of the United States, in congress assembled, that constitution which has appeared to us the most advisable. The friends of our country have long seen and desired that the power of making war, peace and treaties, that of levying money and regulating commerce, and the correspondent executive and judicial authorities, should be fully and effectually vested in the general government of the Union ; but the impropriety of 1787.] PROPOSED CONSTITUTION. 17 delegating such extensive trust to one body of men is evident, hence results the necessity of a different organization. It is obviousjy impracticable in the federal government of these states to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. ''Indi- viduals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance, *as on the object to be obtained. 'It is at all times difficult to draw with precision the line between those rights which must be surrendered and those which may be reserved fand on the present occasion this diffi- culty was increased by a difference among the several states as to their situation, extent, habits, and particular interests. ^ In all our deliberations on this subject, we kept steadily in our view, that which appears to us the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each state in the convention to be less rigid on points of inferior magnitude than might have been otherwise expected ; and thus the constitution which we now present, is the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situation rendered indispensible. That it will meet the full and entire approbation of every state, is not, perhaps, to be expected ; but each will doubtless consider that had her interests been alone consulted, the conse- quences might have been particularly disagreeable or injurious to others ; that it is liable to as few exceptions as could reason- ably have been expected, we hope and believe ; that it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish. With great respect, we have the honor to be, Sir, your Excellency's most obedient and humble servants. GEORGE WASHINGTON, President. By unanimous order of the convention. His Excellency the President of iJongress. 3 18 PROPOSED CONSTITUTION. [178' MESSAGE OF GOVERNOR HANCOCK. [Extract from the Message of His Excellency John Hancock, to the Legislature of Massachusetts, relating to the Federal Constitu- tion, as published in the Independent Chronicle, October 25, 1787.] Boston, October 25. Thursday last, His Excellency the Governor went to the State House, where, in presence of the two branches of the legislature, who had met in the representatives' chamber for the purpose, he addressed them in a speech, as follows : — Gentlemen of the Senate, and Gentlemen of the House of Representatives : * * * * * ***** The general convention having completed the business of their appointment, and having reported to congress, " a con- stitution for the United States of America,' 9 I have received the same from that honorable body, and have directed the Sec- retary to lay it, together with the letter accompanying it, before the legislature, that measures may be adopted for calling a con- vention in this Commonwealth, to take the same into considera- tion. It not being within the duties of my office to decide upon this momentous affair, I shall only say, that the charac- ters of the gentlemen who have compiled this system, are so truly respectable, and the object of their deliberations so vastly important, that I conceive every mark of attention will be paid to the report. Their unanimity in deciding those questions wherein the general prosperity of the nation is so deeply in- volved, and the complicated rights of each separate state are so intimately concerned, is very remarkable ; and I persuade myself that the delegates of this state, when assembled in con- vention, will be able to discern that which will tend to the future happiness and security of all the people in this extensive country. 1787.] PROPOSED CONSTITUTION. 19 THE ACTION OF THE LEGISLATURE. [Report of a Discussion upon the Report of a Joint Committee appointed to consider that part of the Governor's Message relating to the Constitution, from the Independent Chronicle, October 25, 1787.] Boston, October 25. Last Friday a committee of the two branches of the legisla- ture, appointed to consider that part of his Excellency's com- munication which related to the constitution proposed by the late convention of the states, laid their report before the honorable senate ; who, after debating thereon, with that freedom, good humor and candor, which forever does honor to a republican assembly, agreed to the report, with some amendments, and sent it, the day following, to the honorable house of represen- tatives for their concurrence. The substance of the resolu- tions of the senate, as we are informed, is a reccommendation to the several towns and districts within the Commonwealth, to elect delegates not exceeding the numbers they are em- powered respectively by law, to send as members to the house of representatives, and an order to the secretary to transmit printed copies of the papers received from congress relating to the subject, together with the resolutions, to the sheriffs of the counties, by express, with positive directions to them, by them- selves, or their deputies, personally, to deliver them to the selectmen of every town and district within their respective counties. Ten o'clock, yesterday, being the time assigned by the hon- orable house of representatives, for considering the question, whether the house would concur with the senate in a resolve to call a convention according to reccommendation of con- gress for the acceptance of the newly proposed plan of federal government, Mr. Parsons moved for the orders of the day, when the resolve which was sent down from the senate, was opened and debated. Dr. Kilham rose and argued very warmly upon the impropriety of being in a hurry about a measure of so much consequence to the community ; and said that he under- stood, many people thought the new system would not go down, 20 PROPOSED CONSTITUTION. [1787. if not suddenly pushed, which was one reason why lie was against the measure. He observed upon the right the legisla- tures had to appoint the late convention, upon the commission under which our members went to the convention, and upon the question, how far they had abided by that commission. Dr. Kilham dwelt some time, also, upon the right of either conven- tion or people, to absolve the old Confederation, unless in the way stated in the articles themselves. Mr. Parsons and Dr. Jarvis, in what they observed, appeared to express the sense of the house, that so far as Dr. Kilham slid into the merits of the proposed government, so far he was out of the question, which was in fact, only whether the house would concur with the senate, to call the convention. General Brooks made a more particular reply to Dr. Kilham's observations, and pointed out clearly that what the Dr. had said, was matter much better to be before the convention than before that house ; and that the Dr. was premature as he was zealous in his reflections upon the subject. Mr. Dawes rose and said, that he should not have arisen, but to combat one idea of Dr. Kilham which, he thought, had not been observed upon by the other gentlemen, which was, " that an adoption of the new constitution would be an unjust breach of tlie old compact." Mr. Dawes remarked, that he was sorry Dr. Kilham disputed the people's rights so warmly ; and that the Dr. was so much against the people's being per- mitted to think for themselves. Mr. Dawes said, that as to the clause in the old Confederation, that it could not be an- nulled or altered but in a certain way ; he thought it not unlike that law of the Romans, which contained a clause pro- hibiting any future repeal, — but which succeeding legislatures soon found a way to annul, by repealing that very prohibitory clause. Mr. Dawes ridiculed Dr. Kilham's expectation of civil war and misery being the consequence of only nine states acceding to the new measures ; and said that some writers had thought that the house of Hanover was brought to the English throne by not more than a third of the people, and yet that civil liberty never flourished higher than in the administration of that house ; whereas, he said, " the probability was, that the proposed government would take place, if at all, by the wishes of almost all the people of all or most of the states." Many 1787.] . PROPOSED CONSTITUTION. 21 other observations were made by the above and other gentle- men, but we have neither recollection nor opportunity to add further, only that the question for a concurrence being put, it passed in the affirmative, by a majority of 129 out of 161 voters. By this resolution, the convention is to meet at the Court House, in Boston, the second Wednesday in January. The senate had determined the meeting at an earlier period, but this was overruled in the house, in consideration of the neces- sity of sufficient time being allowed to the people to consider and digest a system of government with which the prosperity and happiness of the people of this country is so ultimately con- nected. The members of the convention are to be chosen in the same manner, by the same description of persons, and to receive the same pay as representatives, with this difference, that the sums due to them in consequence of their services, are to be defrayed from the public treasury, out of any money that shall be there anterior to the sitting of the convention, from any unappropriated funds under the control of government. The words of this resolution correspond exactly with the words of the resolution of the federal convention, and of congress, empowering the respective legislatures to call a convention ; and this mode of expression, we suppose, is wisely calculated to prevent those difficulties that might otherwise have arisen. We have the pleasure of assuring our readers, that the utmost candor and good humor subsisted on this interesting occasion. The galleries were crowded, and hundreds of spec- tators were admitted on the floor, and on the unoccupied seats of the house, drawn thither by their extreme curiosity and impatience to know the result of this novel and extraordinary debate. On the whole, every thing terminated to the entire satisfaction of this numerous concourse of citizens ; and we can only hope and believe from the unanimity on this, that the same liberality and candor will prevail, when this town will be honored by its being the seat of as august a body, as ever sat in this Commonwealth, to amend the defects and imperfections which have so long been complained of in the former Confeder- ation, and to secure peace, liberty and safety to this extensive continent. 22 PROPOSED CONSTITUTION. [178' RESOLUTIONS FOR THE ASSEMBLING OF THE CONVENTION. COMMONWEALTH OP MASSACHUSETTS. In Senate, October 20, 1787. Whereas, the convention lately assembled at Philadelphia, have reported to congress a constitution for the United States of America, in which convention were represented the states of New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia; which constitution was unani- mously approved by the said states in convention assembled : And whereas, that convention resolved that the said constitu- tion should be laid before the United States in congress assem- bled, and that it was their opinion that it should be submitted to a convention of delegates chosen in each state by the people thereof, under the reccommendation of its legislature, for their assent and ratification ; and that each convention assent- ing to, and ratifying the same, should give notice thereof to the United States in congress assembled. And whereas, the United States, in congress assembled, by their resolution of the 28th of September last, unanimously resolved, " That the constitution so reported, be transmitted to the several legislatures in order to be submitted to a con- vention of delegates chosen in each state by the people thereof, in conformity to the resolves of the said convention, in that case made and provided." And whereas, the said constitution has been transmitted to the legislature of this Commonwealth accordingly : It is, therefore, Resolved, That it be, and it is hereby recom- mended to the people of this Commonwealth, that a conven- tion of delegates be chosen agreeably to, -and for the purposes mentioned in the resolution of congress, aforesaid, to meet at the State House in Boston, on the second Wednesday of Janu- ary next, and that the constitution so reported, be submitted to the said convention for their assent and ratification ; and 1787.] PROPOSED CONSTITUTION. 23 that the said convention assenting to, and ratifying the same, give notice thereof to the United States in congress assembled, in conformity to the resolves of the said convention, in that case made and provided. And it is further Resolved, That the selectmen of the several towns and districts within this Commonwealth, be, and they are hereby, directed to convene as soon as may be, the inhabi- tants of their several towns and districts, qualified by law to vote in the election of representatives, for the purpose of choos- ing delegates to represent them in said convention. And to preserve an equality to the people in their represen- tation in the said convention, that the several towns and dis- tricts elect respectively, by ballot, not exceeding the same number of delegates as by law they are entitled to send repre- sentatives to the general court. And it is further Resolved, That the secretary immediately procure to be printed a sufficient number of copies of these resolutions, as also of the said constitution, with the resolu- tions of the convention, and their letter to the president 6.f congress, accompanying the same ; and also of the resolution of the United States in convention assembled, thereupon ; and that he may transmit three copies of the same, as soon as may be, by expresses, to the sheriffs of the several counties within this Commonwealth, with positive directions to be by them, or their deputies, without delay, personally delivered to the selectmen of each town and district within their respective counties. And it is further Resolved, That the several delegates of the said convention, be allowed for their travel and attendance, out of the public treasury, the same pay as will be allowed to the representatives therefor, this present session, and that the same be defrayed at the public expense. * And it is further Resolved, That his excellency the govern- or, be, and he hereby, is requested, with advice of the council, to issue his warrant upon the treasurer, directing him to dis- charge the pay roll of the said convention, out of any moneys which will then be in the treasury, not appropriated. And it is further Resolved, That if there shall not be suffi- cient moneys then in the treasury for that purpose, the treasurer 24 PROPOSED CONSTITUTION. [1787. is hereby authorized and directed to borrow sufficient moneys therefor, on such funds of the government as are not appropri- ated. Sent down for concurrence. Samuel Adams, President. In the House of Representatives, October 25, 1787. Read and concurred. James Warren, Speaker. Approved, John Hancock. A true copy. Attest : John Avery, Jun., Secretary, LETTER OF HON. ELBRIDGE GERRY. * The following letter on the subject of the American Consti- tution, from the Hon. Elbridge Gerry, Esq., one of the dele- gates representing this Commonwealth in the late Federal Convention, to the legislature, was, on Wednesday of last week, read in the senate and sent down to the house of representa- tives, where it was, on Thursday, read and sent up. — Independ- ent Chronicle, November 8, 1787. New York, 18th October, 1787. Gentlemen, — I have the honor to enclose, pursuant to my commission, the constitution proposed by the federal conven- tion. To this system I gave my dissent, and shall submit my objec- tions to the honorable legislature. It was painful for me, on a subject of such national impor- tance, to differ from the respectable members who signed the constitution ; but, conceiving as I did, that the liberties of America were not secured by the system, it was my duty to oppose it. My principal objections to the plan are, that there is no adequate provision for a representation of the people — that 1787] PROPOSED CONSTITUTION. 25 they have no security for the right of election — that some of the powers of the legislature are ambiguous, and others indefi- nite and dangerous — that the executive is blended with, and will have an undue influence over the legislature — that the judicial department will be oppressive — that treaties of the highest importance may be formed by the president with the advice of two thirds of a quorum of the senate — and that the system is without the security of a bill of rights. These are objections which are not local, but apply equally to all the states. As the convention was called for " the sole and express purpose of revising the Articles of Confederation, and reporting to congress and the several legislatures such alterations and provisions as shall render the federal constitution adequate to the exigencies of government and the preservation of the Union, " I did not conceive that these powers extended to the formation of the plan proposed, but the convention being of a different opinion, I acquiesced in it, being fully convinced that to preserve the Union, an efficient government was indispensably necessary ; and that it would be difficult to make proper amend- ments to the Articles of Confederation. The constitution proposed has few federal features, but is rather a system of national government. Nevertheless, in many respects, I think it has great merit, and by proper amendments, may be adapted to the " exigencies of government," and pre- servation of liberty. The question on this plan involves others of the highest im- portance : 1st. Whether there shall be a dissolution of the fed- eral government ? 2dly. Whether the several state governments shall be so altered, as in effect to be dissolved ? and 3dly. Whether in lieu of the federal and state governments, the national constitution now proposed shall be substituted, with- out amendments? Never, perhaps, were a people called on to decide a question of greater magnitude. Should the citi- zens of America adopt the plan as it now stands, their liberties may be lost ; or, should they reject it altogether, anarchy may ensue. It is evident, therefore, that they should not be precipi- tate in their decisions ; that the subject should be well under- 26 PROPOSED CONSTITUTION. [1787. stood, lest they should refuse to support the government, after having hastily accepted it. If those who are in favor of the constitution, as well as those who are against it, should preserve moderation, their discus- sions may afford much information, and finally direct to a happy issue. It may be urged by some that an implicit confidence should be placed in the convention. But, however respectable the members may be who signed the constitution, it must be admitted that a free people are the proper guardians of their rights and liberties — that the greatest men may err — and that their errors are sometimes of the greatest magnitude. Others may suppose that the constitution may be safely adopted, because therein provision is made to amend it. But cannot this object be better attained before a ratification than after it ? And should a free people adopt a form of government under conviction that it wants amendment ? And some may conceive that if the plan is not accepted by the people, they will not unite in another. But surely, whilst they have the power to amend, they are not under the neces- sity of rejecting it. I have been detained here longer than I expected, but shall leave this place in a day or two for Massachusetts, and on my arrival shall submit the reasons (if required by the legislature) on which my objections are grounded. I shall only add that as the welfare of the Union requires a better constitution than the Confederation, I shall think it my duty as a citizen of Massachusetts, to support that which shall be finally adopted, sincerely hoping it will secure the liberty and happiness of America. I have the honor to be, gentlemen, with the highest respect for the honorable legislature and yourselves, your most obedi- ent, and very humble servant, E. GERRY' The Hon. Samuel Adams, Esq., President of the Senate, and The Hon. James Warren, Esq., Speaker of the House of Representatives of Massachusetts OFFICIAL JOURNAL. A JOURNAL OP A CONVENTION OF DELEGATES, Chosen by the people of the Commonwealth of Massachu- setts, FOB, THE PUBPOSE OF CONSIDEBING A CONSTITUTION OB Fbame of Govebnment, bepobted by a Convention of Dele- gates, held at Philadelphia, on the fibst Monday of May, 1787. Begun and held at Boston, on the second Wednesday of Januaby, Anno Domini 1788, pubsuant to a Resolve of the Geneeal Coubt of the said Commonwealth, passed the 25th day of Octobeb, 1787. JOURNAL. Wednesday, January 9, 1788. On motion, Ordered, That Mr. Gorham, Mr. Carries, Dr. Jarvis, Mr. Dalton, Mr. Spooner and Mr. Davis, be a Committee to receive the returns of the several towns. By the returns from the several towns, it appeared that the following gentlemen were chosen to represent them in Conven- tion, viz. : — COUNTY OF SUFFOLK. Boston, .... His Excellency John Hancock, Esq. Hon. James Bowdoin, Esq. Hon. Samuel Adams, Esq. Hon. William Phillips, Esq. ^ Hon. Caleb Davis, Esq. Charles Jarvis, Esq. John Coffin Jones, Esq. John Winthrop, Esq. Thomas Dawes, Jr., Esq. # Rev. Samuel Stillman. Thomas Russell, Esq. Christopher Gore, Esq. Roxbury, .... Hon. William Heath, Esq. Hon. Increase Sumner, Esq. Dorchester, . . . James Bowdoin, Jr., Esq. Ebenezer Wales, Esq. Milton, .... Rev. Nathaniel Robbins. Weymouth, . . . Hon. Cotton Tufts, Esq. Hingham, .... Hon. Benjamin Lincoln, Esq. Rev. Daniel Shute. 32 JOURNAL OF CONVENTION. [1788. Braintree, Brookline, Dedham, . Needham, . Medfield, . Stoughton, Wrentham, Walpole, . Sharon, . Cohasset, . Franklin, . Medway, . Bellingham, Hull, . . Chelsea, . Foxborough, Hon. Richard Cranch, Esq. Rev. Anthony Wibird. Rev. Joseph Jackson. Rev. Thomas Thacher. Fisher Ames, Esq. Col. William Mcintosh. Capt. John Baxter, Jr. Hon. Elijah Dunbar, Esq. Capt. Jedidiah South worth. Mr. Thomas Mann. Mr. Nathan Comstock. Mr. George Payson. Mr. Benjamin Randall. Hon. Jabez Fisher, Esq. Mr. Moses Richardson, Jr. Rev. Noah Alden. Mr. Thomas Jones. Rev. Phillips Payson. Mr. Ebenezer Warren. COUNTY OF ESSEX. Salem, Danvers, . . . Newbury, . . . Newbury Port, . Beverly, . . . . Richard Manning, Esq. Edward Pulling, Esq. Mr. William Gray, Esq. Mr. Francis Cabot. . Hon. Samuel Hoi ten, Esq. Hon. Israel Hutchinson, Esq. . Hon. Tristram Dalton, Esq. Enoch Sawyer, Esq. Ebenezer March, Esq. . Hon. Rufus King, Esq. Hon. Benjamin Greenleaf, Esq. Theophilus Parsons, Esq. Hon. Jonathan Titcomb, Esq. . Hon. George Cabot, Esq. Mr. Joseph Wood. Capt. Israel Thorndike. 1788.] JOURNAL OF CONVENTION. 33 Ipswich, . Marblehead. Gloucester, Lynn and Lynnfield, Andover, . Rowley; . Haverhill, Topsfield, . Salisbury, Almsbury, Boxford, . Bradford, . Methuen, . Wenham, . Manchester Middleton, . Hon. Michael Farley, Esq. John Choate, Esq. Daniel Noyes, Esq. Col. Jonathan Cogswell. . Isaac Mansfield, Esq. Jonathan Glover, Esq. Hon. Azor Orne, Esq. John Glover, Esq. . Daniel Rogers, Esq. John Low, Esq. Capt. William Pearson. ( John Carnes, Esq. I Capt. John Burnham. . Capt. Peter Osgood, Jr. Dr. Thomas Kittridge. • Mr. William Symmes, Jr. . Capt. Thomas Mighill. . Bailey Bartlett, Esq. S Capt. Nathaniel Marsh. . Mr. Israel Clark. . Dr. Samuel Nye. Mr. Enoch Jackman. . Capt. Benjamin Lurvey. Mr. Willis Patten. . Hon. Aaron Wood, Esq. . Daniel Thurston, Esq. . Capt. Ebene.zer Carlton. . Mr. Jacob Herrick. . Mr. Simeon Miller. COUNTY OF MIDDLESEX. Cambridge, . . . Hon. Francis Dana, Esq. Stephen Dana, Esq. Charlestown, . . Hon. Nathaniel Gorham, Esq. Watertown, . . . Dr. Marshall Spring. Woburn, .... Capt. Timothy Winn. Mr. James Fowle, Jr. Concord, .... Hon. Joseph Hosmer, Esq. 34 JOURNAL OF CONVENTION. [1788. Newton, . . . . Hon. Abraham Fuller, Esq. Reading, . . . . Mr. William Flint, Mr. Peter Emerson. Marlborough, . . Mr. Jonas Morse. Maj. Benjamin Sawin. Billerica, . . . . William TonipsQn, Esq. Framingham, . Capt. Lawson Buckminster. Lexington, . . . Benjamin Brown, Esq. Chelmsford, . . . Maj. John Minot. Sherburne, . . . Daniel Whitney, Esq. Sudbury, . . . . Capt. Asahel Wheeler. Maiden, . . . . Capt. Benjamin Blaney. 'Weston, . . . . Capt. Abraham Bigelow. Medford, . . . . Maj. Gen. John Brooks. Hopkinton, . . . Capt. Gilbert Dench. Westford, . . . . Mr. Jonathan Keep. „ Stow, .... . Dr. Charles Whitman. Groton, . . . , Dr. Benjamin Morse. Joseph Sheple, Esq. Shirley, . . . . Mr. Obadiah Sawtell. Pepper ell, . . . Mr. Daniel Fisk. Waltham, . . . . Leonard Williams, Esq. Townsheud, . . . Capt. Daniel Adams. Dracut, . . . . Hon. Joseph Bradley Varnum, Esq Bedford, . . . . Capt. John Webber. Holliston, . . Capt. Staples Chamberlin. Acton and Carlisle, Mr. Asa Parlin. Dunstable, . . . Hon. John Pitts, Esq. Lincoln, . . . . Hon. Eleazer Brooks, Esq. Wilmington, . . . Capt. John Harnden. Tewksbury, . . . Mr. Newman Scarlett, Littleton, . . . . Mr. Samuel Reed. Ashby, .... . Mr. Benjamin Adams. Natick, . . . . Maj. Hezekiah Broad. Stoneham, . . . Capt. Jonathan Green. ifosZ Sudbury, . . Mr. Phineas Gleazen. Boxborough, . . • 1788.] JOURNAL OF CONVENTION. 35 COUNTY OF HAMPSHIRE. Springfield, . . West Springfield, Wilbraham, . . Northampton and Easthampton, Southampton, Hadley, . . Southadley, . Amherst, . . Granby, . . Hatfield, . Whateley, . . Williamsburg , Westfield,. . Deerfield, . . Greenfield, . Shelburne, Conway, . . Sunderland, . Montague, Northfield, Brimfield, . . South BrimfieM, Monson, . . Pelham, . . Greenwich, . Blanford, . . Palmer, . . Granville, New Salem % . . William Pynchon, Esq. . Col. Benjamin Ely. Capt. John Williston. . Capt. Phinehas Stebbins. \ Hon. Caleb Strong, Esq. ( Mr. Benjamin Sheldon. . Capt. Lemuel Pomeroy. . Brig. Gen. Elisha Porter. . Hon. Noah Goodman, Esq. . Mr. Daniel Cooley. . Mr. Benjamin Eastman. . Hon. John Hastings, Esq. . Mr. Josiah Allis. . Mr. William Bodman. . John Ingersoll, Esq. Mr. John Phelps. . Mr. Samuel Field. . Mr. Moses Bascom. . Mr. Robert Wilson. . Capt. Consider Arms. Mr. Malachi Maynard. . Capt. Zacheus Crocker. . Mr. Moses Severance. . Mr. Ebenezer Janes. . Abner Morgan, Esq. . Capt. Asa Fisk. . Mr. Phinehas Merrick. . Mr. Adam Clark. . Capt. Nathaniel Whitcomb. . Mr. Timothy Blair. . Mr. Aaron Merrick. . Mr. John Hamilton. Mr. Clark Cooley. • . Mr. John Chamberlin. 1 [Hampshire County, in 1788, included the present counties of Hampshire, Hampden and Franklin.] 36 JOURNAL OF CONVENTION. [1788. Belchertown, . . Mr. Justus Dwight. Colrain, . . . Mr. Samuel Eddy. Ware, . . . . . Mr. Isaac Pepper. Warwick anc Orange, j . . Capt. John Goldsbury. Bernardston, . . Capt. Agrippa Wells. Chester, . . . . Capt. David Shepard. Charlemont, . . Mr. Jesse Eeed. Ashfield, . . . . Mr. Ephraim William. Worthington, . . Nahum Eager, Esq. Shutesbury, . . Mr. Asa Powers. Chesterfield, . . . Col. Benjamin Bonney. Goshen, . . Southivick, . . Capt Silas Fowler. Norwich, . . . Maj. Thomas James Douglass Ludlow, . . . . Mr. John Jennings. Leverett, . . . . Mr. Jonathan Hubbard. Westhampton. . . Mr. Aaron Fisher. Montgomery, . Cummington and I Mr. Edmund Lazell. Plainfield, Buckland, . . Capt. Thompson Maxwell. Longmeadow. . . Mr. Elihu Colton. Middlefield, . . Wendell, . • i- COUNTY OF PLYMOUTH. Plymouth, . . Joshua Thomas, Esq. Mr. Thomas Davis. Mr. John Davis. Scituate, . . . . Hon. William Cushing, Esq. Hon. Nathan dishing, Esq. Hon. Charles Turner, Esq. *- Duxborongh, . . . Hon. George Partridge, Esq. Marshfield, . . . Rev. William Shaw.. Bridgwater', . . . Daniel Howard, Esq. -» Mr. Hezekiah Hooper. Capt. Elisha Mitchell. Mr. Daniel Howard, Jr. 1788.] JOURNAL OF CONVENTION. 37 Middleborough, . . Rev. Isaac Backus. Mr. Benjamin Thomas. Isaac Tomson, Esq. Mr. Isaac Soul. Rochester, . . . Mr. Nathaniel Hammond. Mr. Abraham Holmes. - Plympton, . . . . Capt. Francis Shurtliff. Mr. Elijah Bisbee, Jr. Pembroke, . . . Capt. John Turner. Mr. Josiah Smith. Kingston, . . . . William Sever, Jr., Esq. Hanover, . . . . Hon.. Joseph dishing, Esq Abington, . . . . Rev. Samuel Niles. Halifax, . . . . Mr. Freman Waterman. Wareham, . . . Col. Israel Fearing. COUNTY OF BARNSTABLE. Barnstable, . . . Nymphas Mars ton, Esq. » Shearjashub Bourn, Esq. Sandwich, . . . Dr. Thomas Smith. Mr. Thomas Nye. Yarmouth, . . . David Thacher, Esq. Capt. Jonathan Howes. Eastham, . . . Harwich, . . . . Hon. Solomon Freeman, E • Capt. Kimbal Clark. Welfleet, . . . . Rev. Levi Whitman. Falmouth,. . . . Capt. Joseph Palmer. Truro, .... Chatham, . . . . Province Town,. • COUNTY OF BRISTOL. Taunton, . . . . James Williams, Esq. Col. Nathaniel Leonard. Mr. Aaron Pratt. Rehoboth,. . Capt. Phanuel Bishop. Maj. Frederick Drown. 38 JOURNAL OF CONVENTION. [1788, Rehoboth, .... William Winsor, Esq. Swanzey, . . . . Mr. Christopher Mason. Mr. David Brown. Dartmouth, . . . Hon. Holder Slocum, Esq. Mr. Meletiah Hathaway. Norton, .... Hon. Abraham White, Esq. Attleborough, . . Hon. Elisha May, Esq. Capt. Moses Willmarth. Digkton, .... Col. Sylvester Richmond, Hon William Baylies, Esq. Freetown, . . . Hon. Thomas Durfee, Esq. Mr. Richard Bordon. Rainham, .... Israel Washburn, Esq. Easton, .... Capt. Ebenezer Tisdell. Mansfield, . . . Capt. John Pratt. Berkley, .... Samuel Tobey, Esq. New Bedford, . . Hon. Walter Spooner, Esq. Rev. Samuel West. Westport, .... Mr. William Almy. York, . . Kittery, . Wells, . . Berwick, . Arundell, . Biddeford, Pepperellboro Lebanon, . Sanford, . Buxton, . Fryeburg, COUNTY OF YORK/ . Capt. Esaias Preble. Nathaniel Barrell, Esq. . Mr. Mark Adams. Mr. James Neal. . Rev. Dr. Moses Henimenway. Hon. Nathaniel Wells, Esq. . Capt. Elijah Thayer. - Dr. Nathaniel Low. Mr. Richard Fox Cutts. . Thomas Cutts, Esq. . Mr. Thomas M. Wentworth. . Maj. Samuel Nasson. . Jacob Bradbury, Esq. . Mr. Moses Ames. [In the present State of Maine.] 1788.] Coxhall, . Massabeseck. Limerick, . Broivnfteld, Little Falls, Shapleigh, Pearsonfield, Waterborough JOURNAL OF CONVENTION. Capt. John Low. 39 Mr. Jeremiah Emery. Rev. Pelatiah Tingley Edgartown, Chilmark, . Tisbury, • Sherburne, COUNTY OF DUKES COUNTY. . . . Mr. William Mayhew. . . . Mr. Cornelius Dunham. COUNTY OF NANTUCKET. COUNTY OF WORCESTER. Worcester, . . . Hon. Samuel Curtis, Esq. Mr. David Bigelow. Lancaster, . . . Hon. John Sprague, Esq. Mendon, . . . . Edward Thompson, Esq. Brookfield, . . . Mr. James Nichols. Mr. Daniel Forbes. Mr. Nathaniel Jenks. Oxford, . ' . . . Capt. Jeremiah Learned. Charlton, . . . . Mr. Caleb Curtis. Mr. Ezra Mclntier. Sutton, . . . . Mr. David Harwood. Hon. Amos Singletary, Esq Leicester, . . . . Col. Samuel Denny. Spencer, . . .' . Mr. James Hathaway. Rutland, . . . . Mr. Asaph Sherman. Paxton, . . . . Mr. Abraham Smith. Oakham, . . . . Capt. Jonathan Bullard. Barre, .... . Capt. John Black. Hubbardston, . Capt. John Woods. New Braintree, . . Capt. Benjamin Josselyn. 40 JOURNAL OF CONVENTION. [1788. Southborough, Westborough, Northborough, Shrewsbury, Lunenburgh, Fitchburgh, Uxbridge,. Harvard, . Dudley, . Bolton, Upton, . . Sturbridge, Leominster, Hardwick, Holden, . Western, . Douglass,. Grafton, . Petersham, Royalston, Westminster, Templeton, Princeton, Ashburnham, Winchendon, Northbridge, Ward, . . Athol, . . Milford, . Sterling, . Boylston, . . Capt. Seth Newton. . Capt. Stephen Maynard. . Mr. Artemas Brigham. . Capt. Isaac Harrington. . Capt. John Fuller. . Mr. Daniel Putnam. . Dr. Samuel Willard. . Josiah Whitney, Esq. . Mr. Jonathan Day. . Hon. Samuel Baker, Esq. . Capt. Thomas M. Baker. . Capt. Timothy Parker. . Maj. David Wilder. . Maj. Martin Kinsley. . Rev. Joseph Davis. . Mr. Matthew Patrick. . Hon. John Taylor, Esq. . Dr. Joseph Wood. . Jonathan Grout, Esq. Capt. Samuel Peckham. . John Frye, Esq. . Mr. Stephen Holden. . Capt. Joel Fletcher. . Mr. Timothy Fuller. . Mr. Jacob Willard. . Mr. Moses Hale. . Capt. Josiah Wood. . Mr. Joseph Stone. . Mr. Josiah Goddard. . Mr. David Stearns. . Capt. Ephraim Wilder. . Mr. Jonas Temple. COUNTY OF CUMBERLAND. Falmouth, . . . Daniel Ilsley, Esq. John K. Smith, Esq. Portland, .... Mr. John Fox. [In the present State of Maine.] 1788.] JOURNAL OF CONVENTION. 41 Portland, . . . North Yarmouth, Scarborough, Brunswick, . . Harpswell, . . Cape Elizabeth,. Gorham, . New Gloucester, Gray, . . . . Windham, . . Standish, . Royalsborough, . Raymondstoivn, . Bakerstoivn, . . Sylvester, . . . Bridgtown, . Shepardstown, . . Capt. Joseph McLellan. . David Mitchell, Esq. Samuel Merrill, Esq. . William Thompson, Esq. . Capt. John Dunlap. . Capt. Isaac Snow. . Mr. Joshua Dyer. . Mr. Stephen Longfellow, Jr . Mr. William Wedgery. . Rev. Samuel Perley. Poivnalborough, Georgetown, Newcastle, Woolwich, Waldoborough , Top sham, . Winslow, . Bowdoinham, Boothbay, . Vassalborough, Bristol, Edgcomb, . Halloicell, St. George's, Warren, . Thomaston, COUNTY OF LINCOLN. Thomas Eice, Esq. Mr. David Sylvester. Mr. Nathaniel Wyman. Mr. David Murray. Mr. David Gilmore. Hon. Samuel Thompson, Esq. Mr. Jonah Crosby. Mr. Zacheus Beal. William McCobb, Esq. Capt. Samuel Grant. William Jones, Esq. Moses Davis, Esq. Capt. James Carr. David Fales, Esq. 4 [In the present State of Maine.] 42 JOURNAL OF CONVENTION. [1788. Bath , . Winthrop, Lewistown, Ballstown, Walpole, . Wales, . . Canaan, . Pittston, . Medumcook, Norridgwalk Sterling-ton, Belfast, . Machias, . Camden, . Hancock* . Dummer Sewall, Esq. Mr. Joshua Bean. COUNTY OF BERKSHIRE. Sheffield and ) Mt. Washington, ) Great Barrington, Stockbridge, . . Pittsfield, . . . Richmond, . . Lenox,. . . . Lanesborongh, . Williamstown, . Adams, . . . Egremont, . . Becket, . . . IF Long Lane " took its present name of Federal Street, from the circumstance of the meeting of the Convention here. In the Massachusetts Centinel, of February 13, 1788, the place, time and authority of this change are given. It appears to have taken place during the progress of the " grand procession " which was called forth in honor of the ratification of the Federal Constitution by the Convention : — " The following is the form of the ordinance by which the People, on Friday last, altered the name of the avenue called Long Lane, to Federal Street ; and which we have obtained from the records, to gratify the curious. It is verbatim as read by the Chairman of the Committee that day, in the proces- sion : — To all persons unto whom these Presents shall come, Greeting. BE IT KNOWN— That upon this eighth day of the month of February, in the year of our Lord, one thousand seven hundred eighty-eight, and in the twelfth year of the Independence of the United States of America, WE, THE PEOPLE, in GRAND PROCESSION moving, have ordained, resolved and declared, and by these presents, DO ordain, resolve and declare, THAT for, and in consideration, that the FEDERAL CONSTITUTION 62 JOURNAL OF CONVENTION. [1788. held at Philadelphia, and after debate thereon, postponed the further consideration of the same to the afternoon. Adjourned to 3 o'clock, P. M. AFTERNOON. Met according to adjournment. Upon an invitation from the Hon. Samuel Adams, Esq., to the delegates in convention, to attend the funeral of his son, to-morrow afternoon, precisely at four o'clock, Voted, That the Convention will adjourn to-morrow to attend the funeral accordingly. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and after debate, Avas by the CONVENTION of the Commonwealth of Massachusetts. ASSENTED to, RATIFIED, fully CONFIRMED and ADOPTED in the Me e ting-House, situated and being in the avenue leading from Milk Street to Purchase Street, and commonly called LONG LANE, the said avenue, BE, and it hereby IS, denominated, appellated and christened FEDERAL STREET. And we, the PEOPLE aforesaid, do enjoin that all our loving fathers, friends and fellow citizens, observe, duly adhere, and attend to, this our ordinance, resolution or declaration, as they wish to promote justice, preserve our friend- ship, insure domestic tranquillity, and provide for the diffusion of federal sentiments. GIVEN under our auspices, this eighth day of February, Anno Domini one thousand seven hundred and eighty-eight, of American sovereignty the twelfth, and the FIRST YEAR of OUR real, political, federal existence. THE PEOPLE. God speed the Constitution ! " The following ditty, originating at the time of the change of the name of the street, is still remembered : — " Convention did in State House meet— And, when it would not hold them, They all went down to Federal Street, And there the truth was told them." It must be remembered that the State House in 1 788, which was insufficient for the accommodation of an assembly of three hundred delegates, was not the present State House on Beacon Hill, with its spacious Representatives' Chamber, which has accommodated a House of seven hundred — but the " Old State House," the ancient building still standing in the centre of State Street.] 1788.] JOURNAL OF CONVENTION. 63 Voted, That the following question be put to the Hon. E. Gerry, Esq., viz. : u Why, in the last requisition of Congress, the portion required of this State was thirteen times as much as of Georgia, and yet we have but eight representatives in the general government, and Georgia has three?" and that he be requested to put his answer in writing. The further consideration of the said Constitution was post- poned to the morning. Adjourned to Saturday morning, 10 o'clock. Saturday, January 19, 1788. Met according to adjournment. The Hon. E. Gerry, Esq., answered the question proposed to him yesterday, as follows, viz. : — Saturday Morning-, 19th January. Sir : — I have no documents in Boston, and am uncertain whether I have any at home, to assist me in answering the question, " Why, in the last requisition of Congress, the pof- tion required of this State was thirteen times as much as of Georgia, and yet we have but eight representatives in the gen- eral government, and Georgia has three ?" but if my memory serves me, the reason assigned by the committee who made the apportionment for giving such a number to Georgia, was, that that State had of late greatly increased its numbers by migra- tion, and if not then, would soon be entitled to the proportion assigned her. 1 think it was also said, that the apportion- ment was made, not by any fixed principle, but by a compro- mise. These reasons not being satisfactory, a motion was made on the part of Massachusetts, for increasing her number of representatives, but it did not take effect. I have the honor to be, Sir, With the highest respect, Your most obedient, and Very humble servant, E. Gerry. Hon. Mr. Cushing, Vice-President of the Convention. 64 JOURNAL OF CONVENTION. [1788. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and, after debate, a motion was made and seconded that the Hon. E. Gerry, Esq., be requested to give what information he may have in his mind respecting the Senate. A motion was then made and seconded, that the Convention adjourn, and on the question for ^journment, it was deter- mined in the affirmative. Adjourned to Monday morning, 10 o'clock. Monday, January 21, 1788. Met according to adjournment. On motion, Resolved, as follows, viz. : — Whereas, there is a publication in the Boston Gazette and the Country Journal, of this day, as follows, viz. : — "Bribery and Corruption!!! The most diabolical plan is on foot to corrupt the members of the Convention who oppose the adoption of the new Constitution. Large sums ■ of money have been brought from a neighboring State for that purpose, contributed by the wealthy ; if so, is it not probable there may be collections for the same accursed purpose nearer home ? Ckntinel." Resolved, That this Convention will take measures for inquir- ing into the subject of the said publication, and for ascertaining the truth or falsehood of the suggestion therein contained. Ordered, That the Messenger be directed to request the printers of the said Gazette to appear before this Convention forthwith, to give information respecting the said publication. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and having debated thereon, postponed the further consideration of the same to the afternoon. Adjourned to 3 o'clock, P. M. 1788.] JOURNAL OF CONVENTION. 65 AFTERNOON. Met according to adjournment. The Messenger informed the Convention that he had acquaint- ed the printers of the Boston Gazette, &c, of the Order of this morning, respecting them, and was answered that one of them would attend the Convention this afternoon. The Convention proceeded in the consideration of the Consti- tution or Frame of Government reported by the Convention held at Philadelphia, and having debated thereon, postponed the further consideration of the same to the morning. A letter from Benjamin Edes and Son, printers of the Boston Gazette, &c, relative to the publication entered this morning. Read, and committed to Mr. Parsons, Mr. Nasson, Mr. Gorham, Mr. Wedgery,»Mr. Porter, Mr. Gore, and Mr. Thomas, of Ply- mouth. Adjourned to Tuesday morning, 10 o'clock. Tuesday, January 22, 1788. Met according to adjournment. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and, after debate, postponed the further consideration of the same to the afternoon. A letter from the Hon. E. Gerry, Esq., referred to the after- noon. Adjourned to 3 o'clock, P. M. AFTERNOON. Met according to adjournment. A letter 18 from the Hon. E. Gerry, Esq., with a state of facts* 18 [The communication of Mr. Gerry, which we copy in this note, will be read with interest. "Cambridge, 21st January, 1788. Sir : — It is with great reluctance that I trespass a moment on the time of the honorable Convention, employed as it is, on a subject of the highest im- 9 66 JOURNAL OF CONVENTION. [1788. relative to the construction of the Federal Senate. Read, and after debate, Voted, That the further consideration of the said letter sub- side. portance to this country, but I am under the necessity of stating some facts, and their consequences, as they relate to myself. On the 14th of this month, the Convention passed a vote, requesting me * to take a seat in the house, to answer any question of fact, from time to time, that the Convention may want to ask, respecting the passing of the Con- stitution.' This request was unexpected, and I complied with it, contrary to my inclination, not doubting in the least, that I should be treated with deli- cacy and candor. Every gentleman who will reflect but a moment, must be sensible that my situation on the floor of the Convention was not eligible : that it was a humil- iating condition, to which nothing could have produced my submission, but the respect I entertained for the honorable Convention, and the desire I had of complying with their wishes. After having, on Saturday morning, stated an answer to the question pro- posed the preceding evening, I perceived that your honorable body were con- sidering a paragraph which respected an equal representation of the States in the Senate, and one of my honorable colleagues observed, that this was agreed to by a committee consisting of a member from each State, and that I was one of the number. This was a partial narrative of facts, which I conceived placed my conduct in an unfavorable point of light, probably without any such intention on the part of my colleague. I was thus reduced to the disagreeable alternative of addressing a letter to your honor, for correcting this error, or of sustaining the injuries resulting from its unfavorable impressions : not in the least suspecting, that when I had committed myself to the Convention without the right of speaking in my own defence, any gentleman would take an undue advantage from being a member of the house, to continue the misrepresentation, by suppressing every attempt on my part to state the facts. I accordingly informed your honor, that I was preparing a letter to throw light on the subject, and at my request you was so obliging as to make this communication to the house. My sole object was, to state the matter as it respected my conduct, but I soon perceived that it was misunderstood by the honorable Judge Dana, who rose with an appearance of party virulence which I did not expect, and followed one misrepresentation with another, by impressing the house with the idea that I was entering into their debates. I requested leave repeatedly to explain the matter, but he be- came more vehement, and I was subject to strictures from several parts of the house, till it adjourned, without being even permitted to declare that I dis- dained such an intention, and did not merit such unworthy treatment. I confess to you, Sir, that the indelicacy and disingenuity of this procedure, distressed my feelings beyond any thing I had ever before experienced : for, had every member of the honorable house requested me by a vote to partake 1788.] JOURNAL OF CONVENTION. 67 The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and, after debate thereon, postponed the further consideration of the same to the morning. Adjourned to Wednesday morning, 10 o'clock. in their debates, I should have considered it as improper and unconstitutional, and from principles of decency and propriety, should have declined their request : and Judge Dana has been too long in public life, with me, not to know that it has never been my practice to attain objects by improper means. Indeed, Sir, so remote were my wishes from entering into your debates, that after having passed a judgment on the Constitution, in the Federal Convention, I would not have taken a seat in the State Convention, with the unanimous suffrages of the citizens of Massachusetts, because, in a matter of such impor- tant consequence, it was my wish that the final decision should be made by themselves. This was a fact early known to my particular friends, and I do not mention it to suggest an impropriety in accepting a seat in both conven- tions, but merely to show the injustice done me on this occasion. If Judge Dana was apprehensive that the facts which I should state would eventually prejudice the cause he so ardently advocated, still, I conceive, he could not be justified in precluding those facts which were necessary to do me justice ; for bad indeed must be that cause which will not bear the light of truth. Judge Dana took sanctuary under the rules of the house, but I never yet heard of a rule that was intended to prevent an injured person from addressing .a letter to the body who should redress his wrongs, or from giving information of such an intention : and I conceive, Sir, that neither the honorable Conven- tion, or any republican body on earth, who had requested an individual to attend them for the purpose of giving information, would have had any objection to granting him leave to speak, much less to address to them a letter, merely for the purpose of setting a matter right, which, in the progress of debates, had, by an erroneous statement, tended to his injur}-. It is true, Sir, I differ in opinion from a number of respectable members of your honorable house, on the subject of the proposed Constitution, but, I flat- tered myself that not a member could be found so deficient in liberality as to bear animosity towards me on this account. The strong impressions which I felt, and which I still feel, that this system, without amendment, will destroy the liberties of America, inferred on me an indispensable obligation to give it my negative : and having done this, I feel the approbation of my own mind, which is infinitely preferable to universal applauses without it If, neverthe- less, my conduct in this instance has given offence ; if there is at this time so little freedom in America, as that a person in discharging a most important public trust, cannot conduct according to the obligations of honor and dictates of his conscience, it appears to me of little consequence what form of govern- ment we adopt, for we are not far removed from a state of slavery. I shall only add, Sir, that I have subjoined a state of facts, founded on doc- 68 JOURNAL OF CONVENTION. [1788. Wednesday, January 23, 1788. Met according^ to adjournment. A motion was made and seconded, that his Honor the Lieu- tenant-Governor, the members of the honorable Council, the nments relative to my consent that the lesser States should have an equal representation in the Senate — that I still entertain the highest respect for the honorable Convention, who, I am sure, will never countenance unfair pro- ceedings — but that I cannot again place myself in a situation where I must hear my conduct misrepresented without the privilege of requesting leave of your honorable body to establish facts and promote justice. I have the honor to be, Sir, With the highest respect for the Honorable Convention and yourself, Your most obedient and very humble servant, E. Gerry. His Honor Judge Cushing, Vice-President of the Convention of Massachusetts. A STATE OF FACTS, REFERRED TO IN THE PRECEDING LETTER. The business of the Federal Convention having been opened by Governor Randolph, of Virginia, and the outlines of a plan of government having been proposed by him, they were referred to a Committee of the whole house, and 4 after several weeks' debate, the committee reported general principles for forming a Constitution, amongst which were the following : — ' 7th. That the right of suffrage in the first branch of the National Legis- lature ' (by which was intended the House of Representatives) ' ought not to be according to the rule established in the Articles of Confederation, but accord- ing to some equitable ratio of representation, viz. : in proportion to the whole number of white and other free citizens and inhabitants, of every age, sex and condition, including those bound to servitude for a term of years, and three- fifths of all other persons not comprehended in the foregoing description, except Indians, not paying taxes, in each State. ' 8th. That the right of suffrage in the second branch of the National Legislature ' (meaning the Senate) ' ought to be according to the rule estab- lished for the first.' In the Committee of the Whole, the eighth article above recited, for which I voted, was carried, if my memory serves me, by six States against five ; and when under consideration of the Convention, it produced a ferment, and a separate meeting, as I was informed, of most of the delegates of those five States, the result of which was, a firm determination on their part not to relin- quish the right of an equal representation in the Senate, confirmed, as it was, to those States, by the Articles of Confederation. The matter at length be- came so serious as to threaten a dissolution of the Convention, and a Commit- 1788.] JOURNAL OF CONVENTION. 69 Speaker of the House of Representatives, and the Secretary of the Commonwealth, be admitted to seats on the floor of the house, to hear the debates. A motion was then made and seconded, that the considera- tee, consisting of a member from each State, was appointed, to meet (if possible) on the ground of accommodation. The members from the three large States of Virginia, Pennsylvania and Massachusetts, were Mr. Mason, Doctor Franklin and myself, and after debating the subject several days, during which time the Convention adjourned, the Committee agreed to the following Report : — ' That the subsequent propositions be recommended to the Convention, on condition that both shall be generally adopted : — ' First. That in the first branch of the Legislature, each of the States now in the Union be allowed one member for every forty thousand inhabitants, of the description reported in the seventh resolution of the Committee of the whole House — that each State not containing that number shall be allowed one member — that all writs for raising or appropriating money, and for fixing the salaries of the officers of government of the United States, shall originate in the first branch of the Legislature, and shall not be altered or amended bv^ the second branch — and that no money shall be drawn from the treasury of the United States, but in pursuance of appropriations to be originated by the first branch. ' Secondly. That in the second branch of the Legislature each State shall have an equal vote.' i The number of forty thousand inhabitants to every member in the House of Representatives, was not a subject of much debate, or an object insisted on, as some of the Committee were opposed to it. Accordingly, on the 10th of July, a motion was made ' to double the number of representatives, being sixty-five,' and it passed in the negative. The admission, however, of the smaller States to an equal representation in the Senate, never would have been agreed to by the Committee, or by myself, as a member of it, without the provision ' that all bills for raising or appro- priating money, and for fixing the salaries of the officers of government,' should originate in the House of Representatives, and ' not be altered or amended ' by the Senate, ' and that no money should be drawn from the trea- sury ' ' but in pursuance of such appropriations.' This provision was agreed to by the Convention, at the same time and by the same vote, as that which allows to each State an equal voice in the Senate, and was afterwards referred to the Committee of Detail, and reported by them as part of the Constitution, as will appear by documents in my possession. Nevertheless, the smaller States having attained their object of an equal voice in the Senate, a new provision, now in the Constitution, was substituted, where- by the Senate have a right to propose amendments to revenue bills, and the provision reported by the Committee was effectually destroyed. It was conceived by the Committee to be highly unreasonable and unjust 70 JOURNAL OF CONVENTION. [1788. tion of the said motion subside, and the question for subsiding being put, passed in the affirmative. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention that a small State, which would contribute but one sixty-fifth part of any tax, should, nevertheless, have an equal right with a large State, which would con- tribute eight or ten sixty-fifths of the same tax, to take money from the pock- ets of the latter, more especially as it was intended that the powers of the new legislature should extend to internal taxation. It was likewise conceived, that the right of expending should be in proportion to the ability of raising money — that the larger States would not have the least security for their property if they had not the due command of their own purses — that they would not have such command, if the lesser States in either branch had an equal right with the larger to originate, or even to alter, money bills — that if the Senate should have the power of proposing amendments, they may propose that a bill, origi- nated by the House, to raise one thousand, should be increased to one hundred thousand pounds — that although the House may negative amendments proposed by the Senate, yet the giving them power to propose amendments, would ena- ble them to increase the grants of the House, because the Senate (as well as the House) would have a right to adhere to their votes, and would oblige the House to consent to such an increase, on the principle of accommodation — that the lesser States would thus have nearly as much command of the property of the greater, as they themselves — that even if the representation in the Senate had been according to numbers, in each State, money bills should not be origi- nated or altered by that branch, because, by their appointments, the members would be farther removed from the people, would have a greater and more independent property in their offices, would be more extravagant, and not being so easily removed, would be ever in favor of higher salaries than mem- bers of the House — that it was not reasonable to suppose the aristocratical branch would be as saving of the public money as the democratical branch : — but that, on the other hand, should the Senate have only the power of concurrence or non-concurrence of such bills, they would pass them, although the grants should not equal their wishes, whilst, with the power of amendment, they would never be satisfied with the grants of the House — that the Commons of Great Britain had ever strenuously and successfully contended for this important right, which the Lords had often, but in vain, endeavored to exercise — that the preservation of this right, the right of holding the purse-strings, was essen- tial to the preservation of liberty — and that to this right, perhaps, was princi- pally owing the liberty that still remains in Great Britain. These are the facts and reasons whereon was grounded the admission of the smaller States to an equal representation in the Senate, and it must appear that there is an essential difference between an unqualified admission of them to an equal representation in the Senate, and admitting them from necessity, on the express condition provided in the recited report of the Committee ; and it must also appear, that had that provision been preserved in the Constitution, 1788.] JOURNAL OP CONVENTION. x 71 held at Philadelphia, and, having debated thereon, postponed the further consideration of the same to the afternoon. Adjourned to 3 o'clock, P. M. and the Senate precluded from a right to alter or amend money or revenue bills, agreeably to the said report, the lesser States would not have that undue command of the property of the larger States which they are now to have by the Constitution, and that I never consented to an equal representation of the States in the Senate, as it now stands, in the new system." In the Massachusetts Centinel of February 2, 1788, we find the following spirited account of the excitement produced in the Convention by the announcement of Mr. Gerry, that he was preparing a letter for the Conven- tion : — " A SHORT HISTORY OF A RECENT FREAK. Mr. Russell : You seem to apologize for the publication of the very extra- ordinary letter of the Hon. Mr. Gerry, to the Vice-President of the State Convention, occasioned by a debate upon a question of mere order, in that body, by saying, ' The public being desirous to know the result of the conver- sation in Convention, on Saturday last, on the propriety of Mr. Gerry being permitted to give any other information than of facts particularly asked for, and which it appears has given Mr. Gerry offence, we lay before our readers a copy of that gentleman's letter, as read yesterday afternoon.' If, Sir, the desire of the public is only to be informed of the propriety or impropriety of that honorable gentleman's giving any other information than of facts ' particularly asked after,' I think that gentleman has said enough in his letter to convince them of the impropriety of his attempting to do more. For, says he, ' on the 14th of this month, the Convention passed a vote, re- questing me ' ' to take a seat in the house, to answer any question of fact, from time to time, that the Convention may want to ask, respecting the passing the ' Constitution.' Now, Sir, let the public judge (for to them has he appealed from the judgment of the Convention) whether the honorable gentleman could with propriety give any other information than of facts, particularly asked after, by some member of the Convention, or even then, before the Convention itself had approved of the inquiry, or, in the language of their vote, had sig- nified their ' want ' of such an information from him. He, indeed, seems dis- posed not only to give information, in point of fact, before it is asked after, but also to obtrude upon the Convention his opinion respecting the Constitution, provided such opinion has a tendency to obstruct the acceptance of it. In proof of this, we find that honorable gentleman declaring in this very letter, thus : ' The strong impressions which I felt, and which I still feel, that this sys- tem, without amendments, will destroy the liberties of America, inferred on me an indispensible obligation to give it my negative.' Had the honorable gentleman been requested to give his opinion of the consequences of accept- ing the Constitution without amendments ? If not, was it not indecent, not to 72 JOURNAL OF CONVENTION. [1788. AFTERNOON. Met according to adjournment. A motion was made and seconded, that the vote for consider- ing the new Constitution by paragraphs, be reconsidered, and say impertinent, in him to do it ? Does that honorable gentleman think the Convention deficient in point of sagacity, to discern the probable effects and consequences of the system submitted to their consideration, and that they need a portion of his wisdom, and public virtue, to point them out, and to prevent their sacrificing the liberties of America ? Was he accountable to that honor- able body for having given his negative to the system ? On what other suppo- sition, than that above-mentioned, can we then account for his very extraor- dinary conduct ? But slightly to pass over his officious letter to the legislature of this State, endeavoring to vindicate himself, before he had been called upon by them, for giving his negative to the proposed system of government, I would state a few facts, necessary for the information of the public, to enable them to make up a right judgment in the present case. The Convention, as Mr. E. Gerry says, were considering that part of the Constitution which relates to the equal representation of the States in the Senate, when Mr. Strong, one of his honorable colleagues in tne Continental Convention, rose, and informed the house, that this was agreed to by a Com- mittee consisting of a member from each State, and that Mr. Gerry was one of the number. This information, however harmless in itself, roused the very irritable passions of Mr. E. Gerry ; he changed his seat instantly to the table before the President, pulled forth his budget of peccadilloes, displayed them in order before him, took pen, ink and paper, and, as he now informs us, set about writing ' a letter to the President for correcting this error ' of his honorable colleague. Rkum teneatis amici? But stop, what may be sport to us, might . be death to hjm — I mean political death. What, shall it be understood in that honorable body, that Mr. E. Gerry had reported in favor of an equal repre- sentation of the States in the Senate ? For this is the utmost extent of the information of his honorable colleague. Yet is he greatly alarmed at it, and determines, in a rage, to wipe away ' the injuries resulting from its unfavora- ble impressions.' He writes, then strikes out, writes on, strikes out again, until at last, no longer able to keep his seat, (where he was left to go on without molestation from any mortal,) he rises in the midst of the debates on that par- agraph, to use his own words, ' to inform the President that he was preparing a letter ' (for the gentleman has chosen that mode of opposition to the federal government) • to throw light on the subject,' and request him to make this communication to the house. He did so. But what was to be done ? Were all the debates to be suspended until Mr. E. Gerry had finished his very im- portant letter to the President upon the subject ? Were the honorable Con- vention so benighted, in the opinion of Mr. E. Gerry, that it was not safe to leave them to go on in their debates, until he should have an opportunity ' to 1788.] JOURNAL OF CONVENTION. 73 that the Convention take the whole Constitution into consider- ation and mature deliberation. A motion was made and seconded, that the consideration of the said motion be referred to to-morrow morning, 10 o'clock, and the question of reference being put, passed in the negative. throw light * in their path ? Mr. E. Gerry well knew that no question was to be taken upon separate paragraphs, had he been capable of a moment's reflec- tion ; therefore, he must have seen that by waiting until the irritation of his spirits had subsided, even to the next week, he would not have lost an oppor- tunity to have done his utmost to rescue ' the liberties of America from destruc- tion,' of which he seems to conceive himself to be the great champion. But so it was, friend Russell, Mr. E. Gerry could not rest quiet a moment under such atrocious imputations as his honorable colleague had cast upon him. Thus matters stood, when the honorable gentleman with whose name and character Mr. E. Gerry has taken such indecent liberties, and who had but just before come into the house, rose, and asked the President, whether there was any question in writing laid on the table for that gentleman to answer ; being told that there was not, he added, that it seemed to be the sense of the house that the question should be reduced to writing, and the answer also. This idea was questioned by some, and a debate ensued. The same gentleman arose again, and said, he did not wish to exclude light from the house by his inquiry, but that it ought to come in an orderly manner : the reason why he supposed it to be the sense of the house, that both question and answer should be in writing, was, that the day before, one, and the first, too, was proposed to that gentleman verbally ; it was so done, and the answer also. Further, that the honorable gentleman had applied to him the evening before, and proposed that every question to be asked him, should be reduced to writing and laid on the table, that he might consider them deliberately, and give his answer in writing also ; that he then told the gentleman he approved of his proposal, as well for the sake of preventing unnecessary discussion in the house, as a mis- representation to his disadvantage. That for these reasons, he had been induced to make the inquiry. A motion was then made by Mr. Wedgery, that the house should depart from their vote, and leave the honorable gentleman (Mr. Gerry) at full liberty to give his reasons at large, respecting the Consti- tution, without waiting for any question whatever to be put to him. This changed the nature of the debate, and brought up a gentleman from Newbury Port, who said to this effect : If this house should signify their wishes to have the honorable gentleman admitted to enter fully into their debates, as a mem- ber of it, he was so far from wishing to exclude any light from this house, that he would not oppose it, but would acquiesce in their decision, however humil- iating and mortifying it might be to him. Hereupon the subject of debate was again changed, by a motion from another part of the house, by Gen. Thomp- son, that the honorable gentleman should be admitted into the debates, as a member of it. This made the debate still more serious, when the honorable 10 74 JOURNAL OF CONVENTION. [1788. A motion was made and seconded, that the Convention adjourn till to-morrow morning, 10 o'clock, and the question of adjourn- ment being put, passed in the negative. The first motion was then withdrawn by the leave of the Convention. Adjourned to Thursday morning, 9 o'clock. member from Dracut, arose, and said, that he considered this a violation of the right of election of the inhabitants of Cambridge, (the residence of the letter- writer,) who had not thought fit to send him as their delegate — they certainly well knew, he said, the gentleman's sentiments upon the subject, and they had chosen others to represent them — this motion would make him a member of the house, to every purpose but that of voting. He said he was therefore against it. The gentleman who is the principal subject of Mr. E. Gerry's let- ter, said : To admit the honorable gentlemen, agreeably to this motion, would be going further under the idea of obtaining light, than this house had a right to go. To-day, one gentleman would wish to introduce his friend in support of his own sentiments, and to-morrow, a member of opposite sentiments would expect the same indulgence, with the same view, for his friend ; and thus, in- stead of our being the representatives of the people, we should convert our- selves, in effect, into electors of their representatives. The motion was then called for in writing. Mr. Wedgery reduced it into writing, to the following effect : ' That the honorable gentleman should have liberty to give any infor- mation to the house he should have to communicate, respecting the passing of the Constitution,' or, (for I am not certain which,) ' respecting the subject in debate.' The Hon. Gen. Brooks, of Lincoln, then observed, the motion was ambiguous — the word information, might mean either information in matters of fact, or information resulting from reasoning upon facts. He wished, there- fore, to be informed which was the gentleman's meaning. Mr. Wedgery cried out, ' both.' The debates were then continued on this explanation, until an adjournment was called for, which took place, without any decision of the house upon the foregoing matters. Thus have I gone through a state of facts relative to the transaction alluded to in Mr. E. Gerry's letter, and which is all the foundation he could have had in support of the very bitter and indelicate assertions or charges against the Hon. Judge Dana. Nothing more personal, that I recollect, fell from that gentleman, than is mentioned. The only cause of offence against him, seems to be, that his first inquiry led on to all the debates which ensued, for which he cannot justly be made responsible. His motion, or inquiry, was as certainly in order, as Mr. E. Gerry's conduct was out of order and improper. He must therefore thank himself for all the con- sequences of it. If his ' situation was not eligible,' or his ' condition was humiliating,' he had consented to be placed there ; and had he kept up to the terms of his invitation, nothing of the sort which did happen, could have hap- pened, to mortify his feelings. The gentleman conceives that he was denied ' leave to speak' and even ' to 1788.] JOURNAL OF CONVENTION. 75 Thursday, January 24, 1788. Met according to adjournment. A motion was made and seconded, that the vote for consider- ing the new Constitution by paragraphs, be reconsidered, and that the Convention take the whole Constitution into consider- ation and mature deliberation, and the question being put, passed in the negative. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and after debate thereon, postponed the further consideration of the same to the afternoon. Adjourned to 3 o'clock, P. M. address a letter merely for the purpose of setting a matter right, which, in the progress of debates, had, by an erroneous statement, tended to his injury.' Was this the case ? How easy would it have been for him to have desired leave to set his honorable colleague right in point of fact, and to have done it instantaneously. Surely no member would have opposed so reasonable a re- quest. But, instead of this, the gentleman rose only to request the President to inform the house ' he was preparing a letter to throw light on the subject ' generally ; and not with any design to clear himself from any imputations which he had conceived affected his character. If, therefore, ' he was misun- derstood by the Hon. Judge Dana,' as he says ' he soon perceived he was,' ought not Mr. Gerry to have reflected that he himself had led that gentleman into the error (if any there was) of suggesting ' that he was entering into their debates.' In short, it is questionable, in any view of this matter, whether Mr. E. *Gerry can justify the indecent, illiberal treatment of that gentleman, he has so acrimoniously dealt out in his letter ; apparently written before he had given time for his passions to subside, and his reason to dictate his pen. Besides, if his charges were in fact true, does it not follow that the honorable Convention themselves must bear their portion of them, for permitting one of their mem- bers to persist (according to his representation) in a course of conduct disor- derly in the extreme. Certainly, every one will suppose, had they viewed it in that light, they would soon have reminded that gentleman of his duty, and set him down in his turn. But I believe no member of the house thought Judge Dana's conduct in the least disorderly or reprehensible. If it had been, Mr. Gerry not being destitute of friends in that house, some of them would have been ready enough to have called Judge Dana to order, and have given Mr. Gerry complete protection from the abuse of any man. A Spectator. Boston, Jan. 29, 1788."] 76 JOURNAL OF CONVENTION. [1788. AFTERNOON. Met according to adjournment. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and, after debate thereon, postponed the further consideration of the same to the morning. Adjourned to Friday morning, 10 o'clock. Friday, January 25, 1788. Met according to adjournment. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and, after debate thereon, postponed the further consideration of the same to the afternoon. Adjourned to 3 o'clock, P. M. AFTERNOON. Met according to adjournment. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and, after debate thereon, postponed the further consideration of the same to the morning. Adjourned to Saturday morning, 10 o'clock. Saturday, January 26, 1788. Met according to adjournment. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and, after debate thereon, postponed the further consideration of the same to Monday morning. Adjourned to Monday morning, 10 o'clock. 1788.] JOURNAL OF CONVENTION. 77 Monday, January 28, 1788. Met according to adjournment. The Convention proceeded in the consideration of the Con- stitution or Frame of Government, reported by the Convention held at Philadelphia, and, after debate thereon, postponed the further consideration of the same to the afternoon. Adjourned to 3 o'clock, P. M. AFTERNOON. Met according to adjournment. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and, after debate, postponed the further consideration thereof to the morning. Adjourned to Tuesday morning, 10 o'clock. Tuesday, January 29, 1788. Met according to adjournment. The Convention proceeded in the consideration .of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and, after debate thereon, postponed the further consideration of the same to the afternoon. AFTERNOON. Met according to adjournment. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and, after debate thereon, postponed the further consideration of the same to the morning. Adjourned to Wednesday morning, 10 o'clock. 78 JOURNAL OF CONVENTION. [1788. Wednesday, January 30, 1788. Met according to adjournment. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and, after debate, postponed the further consideration of the same to the afternoon. Adjourned to 3 o'clock, P. M. AFTERNOON. Met according to adjournment. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and, after debate, postponed the further consideration thereof to the morning. Adjourned to Thursday morning, 10 o'clock. Thursday, January 31, 1788. Met according to adjournment. The Convention proceeded in the consideration of the Con- stitution or Frame of Government reported by the Convention held at Philadelphia, and, having debated upon all the para- graphs thereof, a motion was made and seconded, that this Con- vention assent to and ratify the Constitution agreed upon by the Convention of Delegates from the United States, at Phil- adelphia, on the 17th day of September, 1787, and, after debate on the said motion, Adjourned to 3 o'clock, P. M. AFTERNOON. Met according to adjournment. Ordered, That the Committee on the Pay Roll make the same up including Tuesday next. The Convention proceeded in the consideration of the motion 1788.] JOURNAL OF CONVENTION. 79 that this Convention do assent to and ratify the Constitution agreed upon by the Convention of Delegates from the United States, at Philadelphia, on the 17th day of September, 1787. The following was proposed to the Convention by his Excel- lency the President, viz. : — COMMONWEALTH OF MASSACHUSETTS. In Convention of the Delegates of the People of the Common- wealth of Massachusetts, 1788 : — The Convention having impartially discussed and fully con- sidered the Constitution for the United States of America, reported to Congress by the Convention of Delegates from the United States of America, and submitted to us by a Resolution of the General Court of the said Commonwealth, passed the twenty-fifth day of October last past ; and acknowledging, with grateful hearts, the goodness of the Supreme Ruler of the Uni- verse, in affording the people of the United States, in the course of his providence, an opportunity, deliberately and peaceably, without fraud or surprise, of entering into an explicit and sol- emn compact with each other, by assenting to and ratifying a new constitution, in order to form a more perfect union, estab- lish justice, insure domestic tranquillity, provide for the com- mon defence, promote the general welfare, and secure the bles- sings of liberty to themselves and their posterity ; do, in the name, and in behalf of the people of the Commonwealth of Massachusetts, assent to and ratify the said Constitution for the United States of America. And as it is the opinion of this Convention that certain amendments and alterations in the said Constitution would remove the fears and quiet the apprehensions of many of the good people of this Commonwealth, and more effectually guard against an undue administration of the federal government ; the Convention do therefore recommend that the following alterations and provisions be introduced into the said Constitu- tion : — First. That it be explicitly declared that all powers not expressly delegated to Congress, are reserved to the several States, to be by them exercised. 80 JOURNAL OF CONVENTION. [1788. Secondly. That there shall be one representative to every thirty thousand persons, until the whole number of representa- tive's amount to . Thirdly. That Congress do not exercise the powers vested in them by the fourth section of the first article, but in cases where a State shall neglect or refuse to make adequate provision for an equal representation of the people, agreeably to this Consti- tution. Fourthly. That Congress do not lay direct taxes, but when the moneys arising from the impost and excise are insufficient for the public exigencies. Fifthly. That Congress erect no company of merchants with exclusive advantages of commerce. Sixthly. That no person shall be tried for any crime, by which he may incur an infamous punishment, or loss of life, until he be first indicted by a grand jury, except in such cases as may arise in the government and regulation of the land and naval forces. Seventhly. The Supreme Judicial Federal Court shall have no jurisdiction of causes between citizens of different States, unless the matter in dispute be of the value of dollars, at the least. Eighthly. In civil actions between citizens of different States, every issue of fact arising in actions at common law, shall be tried by a jury, if the parties, or either of them, request it. Ninthly. That the words, " without the consent of the Con- gress," in the last paragraph of the ninth section of the first article, be stricken out. And the Convention do, in the name and in behalf of the people of this Commonwealth, enjoin it upon their Representa- tives in Congress, at all times, until the alterations and provis- ions aforesaid have been considered, agreeably to the fifth article of the said Constitution, to exert all their influence, and use all reasonable and legal methods to obtain a ratification of the said alterations and provisions, in such manner as is provided in the said article. And that the United States, in Congress assembled, may have due notice of the assent and ratification of the said Constitu- tion, by this Convention, it is 1788.] JOURNAL OF CONVENTION. 81 Resolved, That the assent and ratification aforesaid be engrossed on parchment, together with the recommendation and injunction aforesaid, and with this Resolution, and that his Excellency John Hancock, Esquire, President, and the Honor- able William Cushing, Esquire, Vice-President of this Conven- tion, transmit the same, countersigned by the Secretary of the Convention, under their hands and seals, to the United States, in Congress assembled. After debate, Adjourned to Friday morning, 10 o'clock. Friday, February 1, 1788. Met according to adjournment. The Convention proceeded in the consideration of the motion that this Convention do assent to and ratify the Constitution agreed upon by the Convention of Delegates from the United States, at Philadelphia, on the 17th day of September, 1787, and of the propositions made by his Excellency the President yesterday. Adjourned to 3 o'clock, P. M. AFTERNOON. Met according to adjournment. On motion, Voted, That the decision with respect to the final adoption or rejection of the proposed Federal Constitution be not taken before Tuesday next. Mr. Varnum had leave of absence till Tuesday next. The Convention proceeded in the consideration of the motion that this Convention assent to and ratify the Constitution agreed upon by the Convention of Delegates from the United States, at Philadelphia, on the 17th day of September, 1787, and of the propositions made by his Excellency the President, yesterday. Adjourned to Saturday morning, 10 o'clock. 11 82 JOURNAL OF CONVENTION. [1788. Saturday, February 2, 1788. Met according to adjournment. The Convention proceeded in the consideration of the motion that this Convention do assent to and ratify the Constitution agreed upon by the Convention of Delegates from the United States, at Philadelphia, on the 17th day of September, 1787, and of the propositions made by his Excellency the President, the 31st ultimo. After debate, Voted, That a Committee, consisting of members from each county, be appointed to take into consideration the subject of the propositions of his Excellency the President, of the 31st ultimo, at large, and report. The following gentlemen were then appointed on the said committee, viz. : — Hon. Mr. Bowdoin, Mr. Southworth, Mr. Parsons, Hon. Mr. Hutchinson, Hon. Mr. Dana, Mr. Winn, Hon. Mr. Strong, Mr. Bodman, Hon. Mr. Turner, Mr. Thomas, of Plymouth, Dr. Smith, Mr. Bourn, Hon. Mr. Spooner, Mr. Bishop, Rev. Dr. Hemmenway, Mr. Barrell, Mr. Mayhew, Hon. Mr. Taylor, Hon. Mr. Sprague, Mr. Fox, Mr. Longfellow, Mr. Sewall, Mr. Sylvester, Mr. Lusk, Hon. Mr. Sedgwick. Adjourned to Monday next. 3 o'clock, P. M. Monday, February 4, 1788. Met according to adjournment. The Committee appointed on the subject of the propositions of his Excellency the President, on Saturday last, reported as follows, viz. : — The Committee appointed by the Convention to take into consideration the subject of the propositions of his Excellency the President, of the 31st ultimo, at large, and report, beg leave to report the alterations hereafter mentioned, to the said propo- sitions, and that the whole of the said propositions, so altered, be accepted and passed by the Convention, viz. : — 1788.] JOURNAL OF CONVENTION. 83 COMMONWEALTH OF MASSACHUSETTS. In Convention of the Delegates of the People of the Common- wealth of Massachusetts, 1788 : — The Convention having impartially discussed and fully con- sidered the Constitution for the United States of America, reported to Congress by the Convention of Delegates from the United States of America, and submitted to us by a Resolution of the General Court of the said Commonwealth, passed the twenty-fifth day of October last past ; and acknowledging with grateful hearts the goodness of the Supreme Ruler of the Uni- verse, in affording the people of the United States, in the course of his providence, an opportunity, deliberately and peaceably, without fraud or surprise, of entering into an explicit and sol- emn compact with each other, by assenting to and ratifying a new Constitution, in order to form a more perfect union, estab- lish justice, insure domestic tranquillity, provide for the com- mon defence, promote the general welfare, and secure the bles- sings of liberty to themselves and their posterity ; do, in the name and in behalf of the people of the Commonwealth of Massachusetts, assent to and ratify the said Constitution for the United States of America. And as it is the opinion of this Convention, that certain amendments and alterations in the said Constitution would re- move the fears and quiet the apprehensions of many of the good people of this Commonwealth, and more effectually guard against an undue administration of the federal government, the Convention do therefore recommend that the following altera- tions and provisions be introduced into the said Constitution. First. That it be explicitly declared, that all powers not expressly delegated by the aforesaid Constitution, are reserved to the several States, to be by them exercised. Secondly. That there shall be one representative to evety thirty thousand persons, according to the census mentioned in the Constitution, until the whole number of representatives amounts to two hundred. Thirdly. That Congress do not exercise the power vested in them by the fourth section of the first article, but in cases when a State shall neglect or refuse to make the regulations therein 84 JOURNAL OF CONVENTION. [1788. mentioned, or shall make regulations subversive of the rights of the people to a free and equal representation in Congress, agreeably to the Constitution. Fourthly. That Congress do not lay direct taxes but when the moneys arising from the impost and excise are insufficient for the public exigencies, nor then, until Congress shall have first made a requisition upon the States, to assess, levy and pay their respective proportions of such requisition, agreeably to the census jixed in the said constitution, in such way and man- ner as the legislatures of the States shall think best ; and, in such case, if any State shall neglect or refuse to pay its propor- tion, pursuant to such requisition, then Congress may assess and levy such State's proportion, together with interest thereon, at the rate of six per cent, per annum, from the time of pay- ment prescribed in such requisition. Fifthly. That Congress erect no company with exclusive advantages of commerce. Sixthly. That no person shall be tried for any crime, by which he may incur an infamous punishment, or loss of life, until he be first indicted by a grand jury, except in such cases as may arise in the government and regulation of the land and naval forces. Seventhly. The supreme judicial federal court shall have no jurisdiction of causes between citizens of different States, unless the matter in dispute, whether it concern the realty or person- alty, be of the value of three thousand dollars, at the least ; nor shall the federal judicial powers extend to any actions be- tween citizens of different States, where the matter in dispute, whether it concerns the realty or personalty, is not of the value of fifteen hundred dollars, at the least. Eighthly. In civil actions between citizens of different States, every issue of fact arising in actions at common law, shall be tried by a jury, if the parties, or either of them, request it. Ninthly. Congress shall at no time consent that any person holding an office of trust or profit under the United States, shall accept of a title of nobility, or any other title or office, from any king, prince, or foreign state. And the Convention do, in the name and in behalf of the people of this Commonwealth, enjoin it upon their representa- 1788.] JOURNAL OF CONVENTION. 85 tives in Congress, at all times, until the alterations and provis- ions aforesaid have been considered, agreeably to the fifth article of the said Constitution ; to exert all their influence, and use all reasonable and legal methods to obtain a ratification of the said alterations and provisions, in such manner as is provided in the said article. And that the United States, in Congress assembled, may have due notice of the assent and ratification of the said constitution, by this Convention, it is Resolved, That the assent and ratification aforesaid be en- grossed on parchment, together with the recommendation and injunction aforesaid, and with this Kesolution ; and that his Excellency John Hancock, Esquire, President, and the Honor- able William Cushing, Esquire, Vice-President of this Conven- tion, transmit the same, countersigned by the Secretary of the Convention, under their hands and seals, to the United States, in Congress assembled. Adjourned to Tuesday morning, 10 o'clock. Tuesday, February 5, 1788. Met according to adjournment. The report of the Committee on the propositions of his Ex- cellency the President, of the 31st ultimo, read again. It was then moved and seconded, That to-morrow, 11 o'clock, A. M., be assigned to take the question, by yeas and nays, whether the Convention will accept of the said report. A motion was then made and seconded, that, for the purpose of informing the good people of this Commonwealth of the principles of the proposed Federal Constitution, and the amend- ments offered by his Excellency the President, and reported by the Committee, and of uniting their opinions respecting the same, this Convention do adjourn to a future day. After debate, Adjourned to 3 o'clock, P. M. 86 JOURNAL OF CONVENTION. [1788. AFTERNOON. Met according to adjournment. The Convention proceeded in the consideration of the motion, that, for the purpose of informing the good people of this Com- monwealth of the principles of the proposed Federal Constitu- tion, and the amendments offered by his Excellency the Presi- dent, and reported by the Committee, and of uniting their opinions respecting the same, this Convention do adjourn to a future day, and, after debate, the question being put, was deter- mined in the negative, 329 members being present, and 115 only voting in the affirmative. Adjourned to Wednesday morning, 10 o'clock. Wednesday, February 6, 1788. Met according to adjournment. The Convention proceeded in the consideration of the motion that to-morrow, 11 o'clock, A. M., be assigned to take the ques- tion, by yeas and nays, whether this Convention will accept of the report of the Committee made on Monday last ; and, the question being put, passed in the negative. It was then voted that 4 o'clock, P. M., be assigned for that purpose. A motion was made and seconded, that the report of the Committee made on Monday last, be amended, so far as to add the following to the first article therein mentioned, viz. : " And that the said Constitution be never construed to authorize Con- gress to infringe the just liberty of the press, or the rights of conscience ; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms ; or to raise standing armies, unless when necessary for the defence of the United States, or of some one or more of them ; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of grievances ; or to sub- ject the people to unreasonable searches and seizures of their 1788.] JOURNAL OF CONVENTION. 87 persons, papers or possessions, was determined in the negative. Adjourned to 3 o'clock, P. M. And the question being put, AFTERNOON. Met according to adjournment. The Convention proceeded to the consideration of the report of the Committee on the subject of the propositions of his Excellency the President, of the 31st ultimo, made on Monday last, and the question, whether this Convention will accept of the said report, being put, was determined by yeas and nays, as follows, viz. : — YEAS. His Excellency John Hancock, Esq. Hon. James Bowdoin, Esq. Hon. Samuel Adams, Esq. Hon. William Phillips, Esq. Hon. Caleb Davis, Esq. Charles Jarvis, Esq. John Coffin Jones, Esq. John Winthrop, Esq. Thomas Dawes, Jr., Esq. Rev. Samuel Stillman. Thomas Russell, Esq. Christopher Gore, Esq. Hon. William Heath, Esq. Hon. Increase Sumner, Esq. James Bowdoin, Jr., Esq. Ebenezer Wales, Esq. Rev. Nathaniel Robbins. Hon. Richard Cranch, Esq. Rev. Anthony Wibird. Hon. Cotton Tufts, Esq. Hon. Benjamin Lincoln, Esq. Rev. Daniel Shute. Rev. Joseph Jackson. Rev. Thomas Thacher. Fisher Ames, Esq. Col. William Mcintosh. Capt. John Baxter, Jr. Hon. Elijah Dunbar, Esq. Mr. Thomas Mann. Mr. George Payson. Hon. Jabez Fisher, Esq. Mr. Thomas Jones. Rev. Phillips Payson. Mr. Ebenezer Warren. Richard Manning, Esq. Edward Pulling, Esq. Mr. William Gray, Jr. Mr. Francis Cabot. Hon. Michael Farley, Esq. John Choate, Esq. Daniel Noyes, Esq. Col. Jonathan Cogswell. Hon. Tristram Dalton, Esq. Enoch Sawyer, Esq. Ebenezer March, Esq. Hon. Rufus King, Esq. Hon. Benjamin Greenleaf, Esq. 88 JOURNAL OF CONVENTION. [1788. Theophilus Parsons, Esq. Hon. Jonathan Titcomb, Esq. Hon. George Cabot, Esq. Mr. Joseph Wood. Capt. Israel Thorndike. Isaac Mansfield, Esq. Jonathan Glover, Esq. Hon. Azor Orne, Esq. John Glover, Esq. Daniel Rogers, Esq. John Low, Esq. Capt. William Pearson. John Carnes, Esq. Capt. John Burnham. Mr. William Symmes, Jr. Bailey Bartlett, Esq. Capt. Nathaniel Marsh. Mr. Israel Clark. Dr. Samuel Nye. Mr. Enoch Jackman. Capt. Benjamin Lurvey. Mr. Willis Patten. Daniel Thurston, Esq. Mr. Jacob Herrick. Mr. Simeon Miller. Hon. Francis Dana, Esq. Stephen Dana, Esq. Hon. Nathaniel Gorham, Esq. Hon. Joseph Hosmer, Esq. Hon. Abraham Fuller, Esq. Capt. Lawson Buckminster. Benjamin Brown, Esq. Daniel Whitney, Esq. Capt. Asahel Wheeler. Capt. Benjamin Blaney. Capt. Abraham Bigelow, Maj. Gen. John Brooks. Dr. Charles Whitman. Leonard Williams, Esq. Hon. Joseph Bradley Varnum, Esq. Hon. John Pitts, Esq. Hon. Eleazer Brooks, Esq. William Pynchon, Esq. Hon. Caleb Strong, Esq. Mr. Benjamin Sheldon. Capt. Lemuel Pomeroy. Brig. Gen. Elisha Porter. Hon. Noah Goodman, Esq. Hon. John Hastings, Esq. John Ingersoll, Esq. Mr. Ebenezer Janes. Abner Morgan, Esq. Capt. David Shepard. Mr. Jesse Reed. Nahum Eager, Esq. Col. Benjamin Bonney. Maj. Thomas James Douglass. Mr. Aaron Fisher. Mr. Edmund Lazell. Capt. Thompson Maxwell. Mr. Elihu Colton. Joshua Thomas, Esq. Mr. Thomas Davis. Mr. John Davis. Hon. William Cushing, Esq. Hon. Nathan Cushing, Esq. Hon. Charles Turner, Esq. Hon. George Partridge, Esq. Rev. William Shaw. Daniel Howard, Esq. Mr. Hezekiah Hooper. Capt. Elisha Mitchell. Mr. Daniel Howard, Jr. Rev. Isaac Backus. Isaac Thomson, Esq. Capt. John Turner. Mr. Josiah Smith. 1788.] JOURNAL OF CONVENTION. 89 William Sever, Jr., Esq. Hon. Joseph Cushing, Esq. Rev. Samuel Niles. Mr. Fr eman Waterman. Col. Israel Fearing. Shearjashub Bourn, Esq. David Thatcher, Esq. Capt. Jonathan Howes. Hon. Solomon Freeman, Esq. Capt. Kimball Clark. Rev. Levi Whitman. Capt. Joseph Palmer. James Williams, Esq. Hon. Elisha May, Esq. Capt. Moses Willmarth. Col. Sylvester Richmond. Hon. William Baylies, Esq. Hon. Thomas Durfee, Esq. Israel Washburn, Esq. Hon. Walter Spooner, Esq. Rev. Samuel West. Mr. William Almy. Nathaniel Barrell, Esq. Rev. Dr. Moses Hemmenway. Hon. Nathaniel Wells, Esq. Thomas Cutts, Esq. Jacob Bradbury, Esq. Capt. John Low. Mr. William Mayhew. Mr. Cornelius Dunham. Hon. John Sprague, Esq. Capt. Seth Newton. Hon. Samuel Baker, Esq. Maj. David Wilder. Mr. Matthew Patrick. Mr. Josiah Goddard. Capt. Ephraim Wilder. John K. Smith, Esq. Mr. John Fox. Capt. Joseph McLellan. David Mitchell, Esq. Samuel Merrill, Esq. William Thompson, Esq. Capt. John Dunlap. Capt. Isaac Snow. Mr. Joshua Dyer. Rev. Samuel Perley. Thomas Rice, Esq. Mr. David Sylvester. Mr. Nathaniel Wyman. Mr. David Gilmore. William McCobb, Esq. Capt. Samuel Grant. Moses Davis, Esq. David Fales, Esq. Dummer Sewall, Esq. John Ashley, Jr., Esq. Hon. Elijah Dwight, Esq. Hon. Theodore Sedgwick, Esq. Hon. Jonathan Smith, Esq. Hon. Thompson J. Skinner, Esq. Mr. Elisha Carpenter. Capt. Daniel Taylor.— 18T. Capt. Jedidiah Southworth, Mr. Nathan Comstock. Mr. Benjamin Randall. 12 NAYS. Mr. Moses Richardson, Jr. Rev. Noah Alden. Hon. Israel Hutchinson, Esq. 90 JOURNAL OF CONVENTION. [1788. Capt. Peter Osgood, Jr. Dr. Thomas Kittridge. Capt. Thomas Mighill. Hon. Aaron Wood, Esq. Capt. Ebenezer Carlton. Dr. Marshall Spring. Capt. Timothy Winn. Mr. William Flint. Mr. Peter Emerson. Mr. Jonas Morse. Maj. Benjamin Sawin. William Thompson, Esq. Maj. John Minot. Capt. Gilbert Dench. Mr. Jonathan Keep. Dr. Benjamin Morse. Joseph Sheple, Esq. Mr. Obadiah Sawtell. Mr. Daniel Fisk. Capt. Daniel Adams. Capt. John Webber. Capt. Staples Chamberlin. Mr. Asa Parlin. Capt. John Harnden. Mr. Newman Scarlett. Mr. Samuel Reed. Mr. Benjamin Adams. Maj. Hezekiah Broad. Capt. Jonathan Green. Mr. Phineas Gleazen. Col. Benjamin Ely. Capt. John Williston. Capt. Phinehas Stebbins. Mr. Daniel Cooley. Mr. Benjamin Eastman. Mr. Josiah Allis. Mr. William Bodman. Mr. Samuel Field. Mr. Moses Bascom. Mr. Robert Wilson. Capt. Consider Arms. Mr. Malachi Maynard. Capt. Zacheus Crocker. Mr. Moses Severance. Capt. Asa Fisk. Mr. Phinehas Merrick. Mr. Adam Clark. Capt. Nathaniel Whitcomb. Mr. Timothy Blair. Mr. Aaron Merrick. Mr. John Hamilton. Mr. Clark Cooley. Mr. John Chamberlin. Mr. Justus Dwight. Mr. Samuel Eddy. Mr. Isaac Pepper. Capt. John Goldsbury. Capt. Agrippa Wells. Mr. Ephraim William. Mr. Asa Powers. Capt Silas Fowler. Mr. John Jennings. Mr. Jonathan Hubbard. Mr. Benjamin Thomas. Mr. Isaac Soul. Mr. Nathaniel Hammond. Mr. Abraham Holmes. Capt. Francis Shurtliff. Mr. Elijah Bisbee, Jr. Dr. Thomas Smith. Mr. Thomas Nye. Col. Nathaniel Leonard. Mr. Aaron Pratt. Capt. Phanuel Bishop. Maj. Frederick Drown. William Winsor, Esq. 1788.] JOURNAL OF CONVENTION. 91 Mr. Christopher Mason. Mr. David Brown. Hon. Holder Slocum, Esq. Mr. Meletiah Hathaway. Hon. Abraham White, Esq. Capt. Ebenezer Tisdell. Capt. John Pratt. Capt. Esaias Preble. Mr. Mark Adams. Mr. James Neal. Capt. Elijah Thayer. Dr. Nathaniel Low. Mr. Richard Fox Cntts. Mr. Thomas M. Wentworth. Maj. Samuel Nasson. Mr. Moses Ames. Mr. Jeremiah Emery. Rev. Pelatiah Tingley. Mr. David Bigelow. Edward Thompson, Esq. Mr. Daniel Forbes. Mr. Nathaniel Jenks. Capt. Jeremiah Learned. Mr. Caleb Curtis. Mr. Ezra Mclntier. Mr. David Harwood. Hon. Amos Singletary, Esq. Col. Samuel Denny. Mr. James Hathaway. Mr. Asaph Sherman. Mr. Abraham Smith. Capt. Jonathan Bullard. Capt. John Black. Capt. John Woods. Capt. Benjamin Josselyn. Capt. Stephen Maynard. Mr. Artemas Brigham. Capt. Isaac Harrington. Capt. John Fuller. Mr. Daniel Putnam. Dr. Samuel Willard. Josiah Whitney, Esq. Mr. Jonathan Day % Capt. Thomas Marshall Baker. Capt. Timothy Parker. Maj. Martin Kinsley. Rev. Joseph Davis. Hon. John Taylor, Esq. Dr. Joseph Wood. Jonathan Grout, Esq. Capt. Samuel Peckham. John Frye, Esq. Mr. Stephen Holden. Capt. Joel Fletcher. Mr. Timothy Fuller. Mr. Jacob Willard. Mr. Moses Hale. Capt. Josiah Wood. Mr. Joseph Stone. Mr. David Stearns. Mr. Jonas Temple. Daniel Ilsley, Esq. Mr. Stephen Longfellow, Jr. Mr. William Wedgery. Capt. David Murray. Hon. Samuel Thompson, Esq. Mr. Jonah Crosby. Mr. Zacheus Beal. William Jones, Esq. Capt. James Carr. Mr. Joshua Bean. Mr. Valentine Rathbun. Mr. Comstock Betts. Mr. Lemuel Collins. Capt. Jeremiah Pierce. Ephraim Fitch, Esq. 92 JOURNAL OF CONVENTION. [1788. Maj. Thomas Lusk. Ebenezer Peirce, Esq. Mr. John Hurlbert. . Mr. David Vaughan. Capt. Ezekiel Herrick. Capt. Jesse Bradley. Mr. Joshua Lawton. Mr. Zenos Noble. Mr. Timothy Mason. Mr. John Picket, Jr. — 168. Adjourned to Thursday morning, 10 o'clock. Thursday, February 7, 1788. Met according to adjournment. The Committee on the Pay Roll reported the same, amount- ing to four thousand four hundred and ninety-nine pounds two shillings. Read and accepted, and Voted, That his Excellency the Governor be, and he hereby is requested, by and with the advice and consent of Council, to draw his warrant on the treasury of this Commonwealth for the aforegoing sum of <£4,499 2s., to be paid to the members of the Convention, in the proportion mentioned in the said roll. Voted, That when the business of the Convention shall be completed, the members will proceed to the State House, to proclaim the ratification of the Federal Constitution, and to take an affectionate leave of each other. Whereas, It is of importance that the good people of this Commonwealth should be informed of the reasons which in- duced the Convention to assent to and ratify the Constitution for the United States of America, it is therefore Resolved, That the Hon. George Cabot, Esq., Theophilus Parsons, Esq., Ebenezer Peirce, Esq., and the Hon. Caleb Strong, Esq., together with the Secretary of the Convention, be a Committee to prepare an Address to the People, stating the principles of the said Constitution, the various objections which were made against it, and the answers they received ; and ex- plaining the absolute necessity of adopting some energetic sys- tem of federal government for the preservation of the Union. And that the same be published and transmitted to every town 1788.] JOURNAL OF CONVENTION. 93 within this Commonwealth, one copy thereof to be for the use of each member of this Convention. And that the Convention do recommend to the General Court that they make provision for the publication of the said address, a'nd give such directions for the distribution thereof as that court shall judge proper. Ordered, That the Secretary of this Convention lodge the journals thereof in the office of the Secretary of this Common- wealth. Voted, unanimously, That the thanks of this Convention be given to his Excellency the President, for his generous and patriotic efforts, during a painful illness, to unite the members of this body in such a decision upon the subject of their de- liberation, as, in his opinion, was essential to the safety and happiness of the people of the United States ; and also for the patient attention and perfect impartiality with which his Excel- lency has presided, while his health permitted him, to regulate their debates. Voted, unanimously, That his Honor the Vice-President be requested to accept the united thanks of this Convention for the uniform candor and impartiality exhibited by his Honor while presiding in the absence of the President. Voted, unanimously, That the thanks of this Convention be presented to the reverend clergymen of the town of Boston, who have kindly officiated as Chaplains to this Convention during their session. Voted, unanimously, That the thanks of this Convention be given to the proprietors of the meeting-house in Long Lane, in Boston, for the accommodation the Convention have received in their house. Voted, That a Committee of five be chosen to wait upon his Excellency the President, and the honorable Vice-President, with the votes giving the thanks of the Convention to them respectively. The Hon. Mr. Phillips, the Hon. Mr. Turner, Mr. Ames, the Hon. Mr. Adams, and the Hon. Mr. King, were appointed on the said committee. Ordered, That the Secretary acquaint the reverend clergymen of Boston, and the proprietors of the meeting-house, in Long Lane, of the votes passed respecting them. 94 JOURNAL OF CONVENTION. [1788. An invitation from certain inhabitants of Boston, requesting the members of the Convention to take refreshment at the Sen- ate Chamber, when the ratification of the Constitution should be declared. Read, and Voted, That the thanks of the Convention be given to the inhabitants of Boston for their polite invitation, and that the Convention will attend as requested. The business which was before the Convention being finished, on motion that the Convention adjourn to the State House, for the purpose of declaring the ratification of the Constitution for the United States of America, Adjourned accordingly. The Convention assembled again at the State House, where the ratification of the Constitution aforesaid was publicly declared, after which, This Convention was dissolved. REPORT OF THE DEBATES CONVENTION OF 1788, RATIFYING THE FEDERAL CONSTITUTION. DEBATES. In Convention, January 9, 1788. On motion, Ordered, That the Hon. Nathaniel Gorham, Esq., John Carnes, Esq., Dr. Charles Jarvis, Hon. Tristram Dalton, Esq., Hon. Walter Spooner, Esq., Hon. Caleb Davis, Esq., and Hon. John Taylor, Esq., be a Committee to receive the returns of the several towns. Ordered, That a Committee of five persons be appointed to collect, count and sort the votes for a Secretary. And the Hon. Caleb Davis, Tristram Dalton, Aaron Wood, Eleazer Brooks and Charles Turner, Esquires, were appointed. The Convention then proceeded to the choice of a Secretary by ballot, and the votes being taken, it appeared that George Richards Minot, Esquire, was chosen, who accepted of the choice, and was duly sworn, to qualify him for exercising the duties of that office. Voted, That Mr. Jacob Kuhn, the Messenger of the General Court, be appointed Messenger to this Convention. Voted, That five Monitors be chosen. The following gentlemen were elected, viz. : the Hon. Noah Goodman, Esq., Mr. Phanuel Bishop, Mr. Daniel Cooley, Hon. Azor Orne, Esq., and Mr. Thomas Davis. Voted, That a Committee of seven be appointed to prepare rules and orders for the regulation of the Convention. The Hon. Nathaniel Gorham, Esq., Dr. Charles Jarvis, Hon. John Taylor, Esq., Mr. William Wedgery, Hon. Tristram Dal- ton, Esq., Hon. Theodore Sedgwick, Esq., and James Bowdoin, Jr., Esq., were then appointed on the said committee. 13 98 DEBATES OF CONVENTION. [1788. AFTERNOON. The Convention proceeded to the choice of a President, by ballot, according to assignment, and a Committee of five being appointed to collect, count and sort the votes, it appeared that his Excellency John Hancock, Esquire, was chosen. Voted, That the Convention proceed to the choice of a Vice President. The Convention then proceeded to the choice of a Vice-Pres- ident accordingly, by ballot, and a Committee being appointed to collect, count and sort the votes, it appeared that the Hon. William Cushing, Esquire, was chosen, who by request took the chair. Voted, That a Committee of five be appointed to wait upon his Excellency John Hancock, Esq., and acquaint him that this Convention have made choice of him for their President, and to request his Excellency's acceptance of that appointment. On motion of the Hon. Mr. Adams, Voted, That the Convention will attend morning prayers daily, and that the gentlemen of the clergy of every denomina- tion, be requested to officiate in turn. The members from Boston were appointed to wait upon them and acquaint them thereof. A vote of the Church in Brattle Street, in Boston, offering the use of their meeting-house to the Convention, being com- municated by the Hon. Mr. Bowdoin, Voted, That a Committee of nine be appointed to view the accommodations of the said meeting-house, and report. Mr. Sedgwick, Mr. Lincoln, Dr. Taylor, Gen. Brooks, of Lincoln, Dr. Jarvis, Dr. Holten, Mr. Strong, Mr. Nasson, and Mr. Thacher, were then appointed on said committee. Thursday, January 10, 1788. The Committee appointed to examine the returns of delegates desired a rule, whereby they might determine whether the towns had exceeded their privilege to send members. After a long 1788.] DEBATES OF CONVENTION. 99 debate, a motion was made, that the valuation of the different towns returned in 1784, should be the rule to determine the number. An offer having been made by the Church in Brattle Street, of that meeting-house, for the use of the Convention, and a Committee having viewed the accommodations, it was Voted, That when the Convention do adjourn, that it adjourn to meet at 3 o'clock at the meeting-house, in Brattle Street. Friday, January 11, 1788. Committees were raised to inquire respecting the contested elections and enjoined to sit immediately. AFTERNOON. The house in which the Convention were sitting, on account of the difficulty of hearing, being found inconvenient, a Com- mittee was raised to provide one more suitable — after which it was voted to adjourn to Saturday morning, then to meet in the Representatives' Chamber. Saturday, January 12, 1788. The honorable Convention met again in, the Representatives , Chamber, where they decided all the disputed elections in favor of the members returned. The sense of the Convention was twice taken against removing to any other place. Monday, January 14, 1788. The Constitution for the United States of America, as report- ed by the Convention of Delegates, held at Philadelphia, in May last, together with the resolutions of the General Court of 100 DEBATES OF CONVENTION. [1788. this Commonwealth, for calling a Convention, agreeably to the recommendation of Congress, were ordered to be read. On motion of Mr. Strong, Voted, That this Convention, sensible how important it is that the great subject submitted to their determination should be discussed and considered with moderation, candor and delib- eration, will enter into a free conversation on the several parts thereof, by paragraphs, until every member shall have had op- portunity to express his sentiments on the same ; after which the Convention will consider and debate at large the question, whether this Convention will adopt and ratify the proposed Constitution, before any vote is taken expressive of the sense of the Convention upon the whole or any part thereof. The resolve of the General Court of this Commonwealth, of March, 1787, appointing Delegates for the Convention of the States, held at Philadelphia, was ordered to be read. A motion was made and passed, that the Hon. Elbridge Gerry, Esq., be requested to take a seat in the Convention, to answer any questions of fact, from time to time, that the Con- vention may ask, respecting the passing of the Constitution. AFTERNOON. Ordered, That a Committee of three be appointed to wait upon the Hon. Elbridge Gerry, Esq., and acquaint him with the vote of this morning, requesting him to take a seat in the Convention, to answer to any questions of fact, from time to time, that the Convention may ask, respecting the passing the Constitution. Agreeably to the resolution passed in the forenoon, the Con- vention proceeded to consider the first section of the Consti- tution, and after a short conversation, entered upon the discus- sion of the second section, the first paragraph of which caused a lengthy debate. The Convention entered upon the consideration of the pro- posed Constitution, and having debated thereon, through the day, postponed the further consideration thereof to the next morning. It had been mentioned by some gentlemen, that the introduc- 1788.] DEBATES OF CONVENTION. 101 tion of tyranny into several nations had been by lengthening the duration of their parliaments, or legislative bodies ; and the fate of those nations was urged as a caution against lengthen- ing the period for which Congress is to be chosen. The Hon. Mr. Sedgwick wished to know what were the nations which had been thus deprived of their liberties ; he believed they were few in number — in fact, he did not recollect any. After showing by several examples how nations had been deprived of their liberties, he continued : Is it not necessary, Mr. President, that the Federal Representatives should be chosen for two years ? Annual elections in a single State may be the best for a variety of reasons ; but when the great affairs of thirteen States — where their commerce may be extended, and where it is necessary to be restricted — what measure may be most expedient, and best adapted to promote the general prosperity thereof, are to be the objects of deliberation — is not such a period too short ? Can a man called into public life divest himself of local concerns, and instantly initiate himself in a general knowledge of such exten- sive and weighty matters ? After several other arguments in favor of the section, he begged the indulgence of the Conven- tion while he made a personal observation : " It has been given out, Sir, by several persons, that I have said the Constitution must go down, right or wrong. I beg leave to declare, Sir, on my honor, that, so far from having made such a declaration, the idea of it has not ever entered my mind. ,, Mr. Gr. Dench wished to know how the representation was secured ; as, by the fourth section, Congress were empowered to make or alter the regulation of the times, places and manner of holding elections. Mr. Dench was continuing, but was called to order by Mr. Parsons, who said the subject in debate was the expediency of biennial elections, and that an answer to the gen- tleman from Hopkinton would more properly be given when the fourth section was under consideration. Dr. Taylor. Mr. President, I am opposed to biennial, and am in favor of annual elections. Annual elections have been the practice of this State ever since its settlement, and no ob- jection to such a mode of electing has ever been made. It has, indeed, Sir, been considered as the safeguard of the liberties of the people ; and the annihilation of it, the avenue through 102 debates OF CONVENTION. [1788. which tyranny will enter. By the articles of confederation, annual elections are provided for, though we have additional securities in a right to recall any, or all of our members from Congress, and a provision for rotation. In the proposed Constitu- tion there is no provision for rotation ; we have no right by it to recall our delegates. In answer to the observation, that, by frequency of elections, good men will be excluded, I answer, if they behave well, it is probable they will be continued ; but if they behave ill, how shall we remedy the evil ? It is possible that rulers may be appointed who may wish to root out the lib- erties of the people. Is it not, Mr. President, better, if such a case should occur, that at a short period they should politically die, than that they should be proceeded against by impeach- ment ? These considerations, and others, said the Doctor, make me in favor of annual elections ; and the further we deviate therefrom, the greater is the evil. The Hon. Mr. Sprague was in favor of the section as it stood. He thought the same principles ought not to guide us, when considering the election of a body whose jurisdiction was coexten- sive with a great continent, as when regulating that of one whose concerns are only those of a single State. Mr. T. Dawes, after a short exordium, said, he had not heard it mentioned by any gentleman who had spoken in the debate, that the right of electing representatives in the Congress, as provided for in the proposed Constitution, will be the acquisi- tion of a new privilege by the people, as it really will be. The people will then be immediately represented in the Federal Gov- ernment ; at present they are not ; therefore it will be in favor of the people, if they are even chosen for forty instead of two years : and he adduced many reasons to show that it would not conduce to the interest of the United States or the secu- rity of the people, to have them for a shorter period than two years. The Hon. Mr. White said he was opposed to the section. He thought the security of the people lay in frequent elections. For his part, he would rather they should be for six months than for two years : and concluded by saying, he was in favor of annual elections. Dr. Jarvis, Gen. Brooks, Gen. Heath, and Hon. Mr. Turner, 1788.] DEBATES OF CONVENTION. 103 each spoke a few words on the subject, when a motion was made to postpone the consideration of the second section until the next morning, which passing, the Convention adjourned. Tuesday, January 15, 1788. A motion was made by Mr. Dana, that the vote of yesterday, prescribing the manner of proceeding in the consideration of the Constitution, should be reconsidered, for the purpose of making the following addition thereto, viz. : — " It is, nevertheless, the opinion of this Convention, that if any member conceives any other clause or paragraph of the Constitution to be connected with the one immediately under consideration, that he have full liberty to take up such other clause or paragraph, for that purpose." And the question <5f reconsideration being put, passed in the affirmative. On the question, whether the addition should be made, it was determined in the affirmative. The Hon. Mr. Strong rose to reply to the inquiry of the Hon. Mr. Adams, why the alteration of elections from annual to bien- nial was made, and to correct an inaccuracy of the Hon. Mr. Grorham, who, the day before, had said that that alteration was made to gratify South Carolina. He said he should then have arisen to put his worthy colleague right; but his memory was not sufficiently retentive to enable him immediately to collect every circumstance. He had since recurred to the original plan. When the subject was at first discussed in convention, some gentlemen were for having the term extended to a consid- erable length of time ; others were opposed to it, as it was con- trary to the ideas and customs of the Eastern States ; but a majority were in favor of three years, and it was, he said, urged by the Southern States, which are not so populous as the East- ern, that the expense of more frequent elections would be great. He concluded by saying that a general concession produced the 104 DEBATES OF CONVENTION. [1788. term as it stood in the section, although it was agreeable to the practice of South Carolina. Mr. Ames. I do not regret, Mr. President, that we are not unanimous upon this question. I do not consider the diversity of sentiment which prevails, as an impediment in our way to the discovery of truth. In order that we may think alike upon this subject at last, we shall be compelled to discuss it, by ascending to the principles upon which the doctrine of repre- sentation is grounded. Without premeditation, in a situation so novel, and awed by the respect which I feel for this venerable assembly, I distrust extremely my own feelings, as well as my competency to prose- cute this inquiry. With the hope of an indulgent hearing, I will attempt to proceed. I am sensible, Sir, that the doctrine of frequent elections has been sanctified by antiquity ; and is still more endeared to us by our recent experience, and uniform habits of thinking. Gentlemen have expressed their zealous partiality for it. They consider this as a leading question in the debate, and that the merits of many other parts of the Constitution are involved in the decision. ' I confess, Sir, and I declare, that my zeal for frequent elections is not inferior to their own. I consider it as one of the first securities for popu- lar liberty, in which its very essence maybe supposed to reside. But how shall we make the best use of this pledge and instru- ment of our safety ? A right principle, carried to an extreme, becomes useless. It is apparent that a delegation for a very short term, as for a single day, would defeat the design of rep- resentation. The election in that case would not seem to the people to be of any importance, and the person elected would think as lightly of his appointment. The other extreme is equally to be avoided. An election for a very long term of years, or for life, would remove the member too far from the control of the people, would be dangerous to liberty, and, in fact, repugnant to the purposes of the delegation. The truth, as usual, is placed somewhere between the extremes, and I be- lieve is included in this proposition : The term of election must be so long, that the representative may understand the interests of .the people, and yet so limited, that his fidelity may be secured by a dependence upon their approbation. 1788.] DEBATES OF CONVENTION. 105 Before I proceed to the application of this rule, I cannot for- bear to premise some remarks upon two opinions which have been suggested. Much has been said about the people divesting themselves of power, when they delegate it to representatives ; and that all representation is to their disadvantage, because it is but an im- age, a copy, fainter and more imperfect than the original, the people, in whom the right of power is primary and unborrowed, which is only reflected by their delegates. I cannot agree to either of these opinions. The representation of the people is something more than the people. 1 know, Sir, but one purpose which the people can effect without delegation, and that is, to destroy a government. That they cannot erect a government is evinced by our being thus assembled on their behalf. The people must govern by a majority, with whom all power resides. But how is the sense of this majority to be obtained ? It has been said that a pure democracy is the best government for a small people, who may assemble in person. It is of small con- sequence to discuss it, as it would be inapplicable to the great country we inhabit. It may be of some use in this argument, however, to consider, that it would be very burdensome, subje'ct to faction and violence ; decisions would often be made by sur- prise, in the precipitancy of passion, by men who either under- stand nothing, or care nothing about the subject, or by inter- ested men, or those who vote for their own indemnity. It would be a government, not by laws, but by men. Such were the paltry democracies of Greece and Asia Minor, so much extolled, and so often proposed as a model for our imitation. I desire to be thankful that our people are not under any temptation to adopt the advice. I think it will not be denied, that the people are gainers by the election of representatives. They may de- stroy, but they cannot exercise the powers of government, in person ; but by their servants they govern. They do not re- nounce their power ; they do not sacrifice their rights ; they become the true sovereigns of the country, when they delegate that power, which they cannot use themselves, to their trustees. I know, Sir, that the people talk about the liberty of nature, and assert that we divest ourselves of a portion of it when we enter into society. This is declamation against matter of fact, n 106 DEBATES OF CONVENTION. [1788. We cannot live without society ; and as to liberty, how can I be said to 'enjoy that which another may take from me when he pleases ? The liberty of one depends not s« much on the removal of all restraint from him, as on the due/ restraint upon the liberty of others. Without such restraint, there can be no liberty. Liberty is so far from being endangered or destroyed by this, that it is extended and secured. For I said, that we do not enjoy that which another may take from us. But civil liberty cannot be taken from us, when any one may please to invade it ; for we have the strength of the society of our side. I hope, Sir, that these reflections will have some tendency to remove the ill impressions which are made by proposing to divest the people of their power. That they may never be divested of it, I repeat that I am in favor of frequent elections. They who commend annual elec- tions, are desired to consider, that the question is, whether biennial elections are a defect in the Constitution ; for it does not follow, because annual elections are safe, that biennial are dangerous. Both may be good. Nor is there any foundation for the fears of those who say that if we, who have been accus- tomed to choose for one year only, now extend it to two, the next stride will be to five, or seven years, and the next for term of life : for this article, with all its supposed defects, is in favor of liberty. Being inserted in the Constitution, it is not subject to be repealed by law. We are sure that it is the worst of the case. It is a fence against ambitious encroachments, too high and too strong to be passed. In this respect, we have greatly the advantage of the people of England, and of all the world. The law which limits their parliaments is liable to be repealed. I will not defend this article by saying that it was a matter of compromise in the Federal Convention : it has my entire ap- probation as it stands. I think that we ought to prefer, in this article, biennial elections to annual, and my reasons for this opinion are drawn from these sources : — From the extent of the country to be governed, The objects of their legislation, And the more perfect security of our liberty. It seems obvious, that men who are to collect in Congress 1788.] DEBATES OF CONVENTION. 107 from this great territory, perhaps from the Bay of Fundy, or from the banks of the Ohio, and the shore of Lake Superior, ought to have a longer term in office, than the delegates of a single State, in their own legislature. It is not by riding post to and from Congress, that a man can acquire a just knowledge of the true interests of the Union. This term of election is inapplicable to the state of a country as large as Germany, or as the Roman Empire in the zenith of its power. If we consider the objects of their delegation, little doubt will remain. It is admitted that annual elections may be highly fit for the State legislature. Every citizen grows up with a knowl- edge of the local circumstances of the State. But the business of the Federal Government will be very different. The objects of their power are few and national. At least two years in office will be necessary to enable a man to judge of the trade and interests of States which he never saw. The time, I hope, will come, when this excellent country will furnish food, and freedom (which is better than food, which is the food of the soul) for fifty millions of happy people. Will any man say that the national business can be understood in one year ? Biennial elections appear to me, Sir, an essential security to liberty. These are my reasons : — Faction and enthusiasm are the instruments by which popu- lar governments are destroyed. We need not talk of the power of an aristocracy. The people, when they lose their liberties, are cheated out of them. They nourish factions in their bosoms, which will subsist so long as abusing their honest credulity shall be the means of acquiring power. A democracy is a volcano, which conceals the fiery materials of its own destruction. These will produce an eruption, and carry desolation in their way. The people always mean right, and if time is allowed for reflec- tion and information, they will do right. I would not have the first wish, the momentary impulse of the public mind, become law. For it is not always the sense of the people, with whom I admit that all power resides. On great questions, we first hear , the lQud clamors of passion, artifice and faction. I consider biennial elections as a security that the sober second thought of the people shall be law. There is a calm review of public transactions, which is made by the citizens who have families 108 DEBATES OF CONVENTION. [1788. and children, the pledges of their fidelity. To provide for pop- ular liberty, we must take care that measures shall not be adopted without due deliberation. The member chosen for two years will feel some independence in his seat. The factions of the day will expire before the end of his term. The people will be proportionally attentive to the merits of a candidate. Two years will afford opportunity to the member to deserve well of them, and they will require evidence that he has done it. But, Sir, the representatives are the grand inquisition of the Union. They are, by impeachment, to bring great offenders to justice. One year will not suffice to detect guilt, and to pursue it to conviction ; therefore, they will escape, and the balance of the two branches will be destroyed, and the people oppressed with impunity. The senators will represent the sovereignty of the States. The representatives are to represent the people. The offices ought to bear some proportion in point of impor- tance. This will be impossible if they are chosen for one year only. Will the people then blind the eyes of their own watchmen ? Will they bind the hands which are to hold the sword for their defence ? Will they impair their own power, by an unreasona- ble jealousy of themselves ? For these reasons, I am clearly of opinion that the article is entitled to our approbation as it stands ; and as it has been de- manded, why annual elections were not preferred to biennial, permit me to retort the question, and to inquire, in my turn, what reason can be given, why, if annual elections are good, biennial elections are not better ? The inquiry in the latter part of Mr. Ames's speech being directed to the Hon. Mr. Adams, that gentleman said, he only made the inquiry for information, and that he had heard suffi- cient to satisfy himself of its propriety. Mr. Dench said his objections to biennial elections were re- moved. But he wished to recur to the fourth section, and to inquire, whether that election was secured, as, by this section, Congress has power to regulate the time, place and manner of holding it. [A question now arose, whether the consideration of the 1788.] DEBATES OF CONVENTION. 109 fourth section was in order, and much debate was had thereon — but the propriety, as expressed by a worthy member, of " elu- cidating scripture by scripture," being generally admitted, the motion made by the Hon. Mr. Dana, passed, which put an end * to the conversation.] The Hon. Mr. Bowdoin remarked on the idea suggested by the honorable gentleman from Scituate, [Mr. Turner,] who had said that nature pointed out the propriety of annual elections, by its annual renewal, and observed, that if the revolution of the heavenly bodies is to be the principle to regulate elections, it was not fixed to any period ; as in some of the systems it would be very short ; and in the last discovered planet it would be eighty of our years. Gentlemen, he said, who had gone be- fore him in the debate, had clearly pointed out the alteration of the election of our federal representatives, from annual to bien- nial, to be justifiable. Annual elections may be necessary in this State ; but in the choice of representatives for the conti- nent, it ought to be longer ; nor did he see any danger in its being so. Who, he asked, are the men to be elected ? Are they not to be from among us ? If they were to be a distinct body, then the doctrine of precaution, which gentlemen use, would be necessary. But, Sir, they can make no laws, nor levy any taxes, but those to which they themselves must be subser- vient — they themselves must bear a part ; therefore, our secu- rity is guaranteed, by their being thus subject to the laws, if by nothing else. Gen. Heath. Mr. President, I consider myself not as an in- habitant of Massachusetts, but as a citizen of the United States. My ideas and views are commensurate with the continent ; they extend in length from the St. Croix to the St. Maria, and in breadth from the Atlantic to the Lake of the Woods ; for over all this extensive territory is the Federal Government to be extended. I should not have risen on this paragraph, had it not been for some arguments which gentlemen have advanced, respecting elections, and which I think tend to make dangerous impres- sions on the minds of the rising generation. It has been the general opinion that the liberties of the people are principally secured by the frequency of elections, and power returning 110 DEBATES OF CONVENTION. [1788. again into their hands. The first parliament ever called in Europe, was called by Constantine the Third, and to continue for one year. The worthy gentleman from Boston, [Mr. Dawes,] ♦ has mentioned a writer as a good authority, and who, he says, was twenty years compiling his works. I will produce one ob- servation from this celebrated writer (Baron Montesquieu) ; it is as follows : " The greatness of power must be compensated by the brevity of the duration : most legislators have fixed it to a year ; a longer space would be dangerous." Here, Sir, we have not only the opinion of this celebrated writer, but he has also mentioned that most legislators were of the like opinion. But I shall come to our own country, where we shall find in what respect annual elections have always been held. This was the wisdom of our ancestors ; it has been confirmed by time : therefore, Sir, before we change it, we should carefully examine whether it be for the better. Local circumstances may render it expedient, but we should take care not to hold up to the ris- ing generation that it is a matter of indifference whether elec- tions are annual or not ; and this is what induced me to rise. It is a novel idea that representatives should be chosen for a considerable time, in order that they may learn their duty. The representative is one who appears in behalf of, and acts for, others ; he ought, therefore, to be fully acquainted with the feelings, circumstances and interests of the persons whom he represents, and this is learnt among them, not at a distant court. How frequently, on momentary occasions, do the members of the British Parliament wish to go home and consult their con- stituents, before they come to a decision. This shows from what quarter they wish to obtain information. With respect to the obtaining a knowledge of the circumstances and abilities of the other States, in order to an equal taxation, this must be acquired from the returns of the number of inhabitants, JUDGE PARSONS'S MINUTES. 311 manufactures until Congress have these powers — when they have these powers, Congress will have but little occasion for direct taxation — we may have war, and want money — to collect it by requisition is nugatory — without an army — Congress will first demand it, and each State may raise it in such a way as they like best. Mr. Bodman. Objects to direct taxation. Congress should have some powers, but it is difficult to draw the line, but it ought to be drawn between the sovereignty .of general govern- ment and of each State. Now, the sovereignty of this State is given up, as the general government may prevent our collecting any taxes. Now if the power had been conditional, if a State refused, he should have no objection. Now, Congress may prevent each State from supporting its own government. Mr. Sedgwick. The same objection applies as between a State and its towns — states the necessity of Congress having this power. Mr. Singletary. The power is unlimited in Congress — he objects against it — a new case — as much power as was ever given to a despotic prince — will destroy all power in this of raising taxes, and we have nothing left — the only security is, we may have an honest man, but we may not have — we may have an atheist, pagan, Mahommedan — must take care of pos- terity — few nations enjoy the liberty of Englishmen. Is for giving up some power, but not every thing — no bill of rights — civil and sacred privileges will all go. Col. Fuller. Gen. Thompson. He would not adopt the Constitution if it was perfect, till he saw what our sister States will do. Massa- chusetts being a leading State, ought to stand by. We send delegates to Convention to amend, and not make a new one. Only two of our delegates signed it — overpowered by Pennsyl- vania delegates. This Constitution will not help our trade — if the other States who have not paid, will not pay, we must make them by fair means — better draw than drive — we must support the old Confederation — if only nine accept, we cannot touch the other four — if we attempt to force them, we shall be torn to pieces, for foreign States will help them. The Constitution is in doubtful terms ; it can't be understood. Union is neces- sary ; division will destroy us. 312 JUDGE PARSONS's MINUTES. , [1788. Maj. Kinsley. Power is not dangerous, if people have proper checks — checks were proper under the old Confederation — we have them not under the new. Under the old Confederation, the delegates were our servants ; now they are our masters, and we have no control over any usurpation of theirs — they have all our money, a standing army, a Federal town. Tells the story of the Decemviri, but mistakes it. The British Parlia- ment first altered from annual to triennial, then to septennial — people uneasy under it — every session an exertion is made to repeal the septennial bill, but fails through bribery and corrup- tion — our Senate, on an average, for four years — we shall soon see the time when bribery and corruption will be employed to obtain elections — under these circumstances, he is not for trusting these powers with any one body of men. Tuesday, January 22, 1788. Not well enough to take Minutes. Wednesday, January 23, 1788. Mr. Pierce, of Partridgefield. Is [for] a general government — if it will be safe — but if we grant a power to lay direct taxes, Congress will not lay imposts. Congress should not have power to lay direct taxes, but in war. Senate chosen for too long a time — should not be chosen longer than the house, and the house may balance them. Hon. Mr. Varnum. The powers of Congress are sufficiently defined in the grant, and no need of a bill of rights — Congress have not all our resources, they have only a concurrent right to taxes and excises, and can make laws only to support a concur- rent right, and so no consolidation of States — union would answer no purpose with these powers. Congress may abuse the power, but there is no probability. If Congress have no power to call on a delinquent State, it is an encouragement to delin- 1788.] JUDGE PARSONS's MINUTES. 313 quency. He then considers the conduct of the States lately — Congress must have this power in peace as well as in war — they can make no law but what is necessary for the common good. Mr. Choate. Congress must defend us abroad, and preserve to us peace at home — they must therefore have the means, and the means are delegated by the people to their servants — depriv- ing the delegates of these means, is depriving the people of the means of defence and self-preservatipn — it would also deprive us of the means of regulating our commerce and pro- tecting our trade — there can be no dividing the supreme power — it must be wholly delegated, or wholly remain with the peo- ple, and limits are inconvenient — if direct tax was only when imposts and excises are insufficient, Congress might lay trifling imposts and excises — if it was limited, as to war, it would injure us in hiring, for, the better security we can give, the easier will be the terms — we may lay aside party spirit, as it is a subject of the most importance — our security is in elections at stated times. Mr. Cooley asks, if Mr. Choate means that if the people delegate any power, they must delegate all ? Mr. Choate replies. He does not mean that if the people grant one kind of power, they must grant all kinds of power, but the kind of power we give, we must give all. Dr. Jarvis. Mr. Choate's ideas are agreeable to his own, but asks why the French are pointed out as our best friends. Gen. Thompson. Against^ these powers — not necessary — standing armies are a curse — take care of the militia, they are virtuous men — soldiers in a standing army are the worst men — standing armies are never necessary, witness Burgoyne — we are virtuous, enlightened, rich — raise our own produce — cannot be starved, or taken by Britain — can live without trade — the riches of the country are in a laboring people — Massachusetts will be one of the four, he hopes, and will stand out — Clinton against it before he knew what it was, but had a hint of it — nations will not fall upon us — not true if one nation attacks us, another will defend us — we are in debt — that is an advantage, for they cannot carry the land — do not let us grow too fast, we shall grow out of shape. Now, I have proved that we have liberty, 40 314 JUDGE PARSONS'S MINUTES. [1788. property and virtue — we cannot influence other nations without they find their account in it. The Constitution is not clear — no bill of rights, which is a bar — the learned are not agreed about it. Some people say we should swallow a bone for the sake of the meat, and then pick the bone out. Now for the section — Britain never authorized the Parliament to pay an army for two years. Rev. Mr. Niles, of Abington, wishes to know what limits would suit him. Gen. Thompson says he is now tired. Gov. Bowdoin. A diversity of opinion is to be expected — when the Revolution commenced, such was the spirit of the people, that requisitions were sufficient, but not now. States have refused, and compelled Congress to increase the public debt by further loans — states the terms of the loans — they must be punctually complied with — Congress will not act like a fac- tion in Rhode Island. Our foreign creditors are able to force payment by reprisal, which will essentially injure this Common- wealth. Dr. Taylor wishes to have the Constitution discussed at large, and not by paragraphs. Mr. Parsons. Adjourned. 3 o'clock, P. M. A motion was made to consider the Constitution, at large. After debate, the motion was adjourned to ten o'clock, next morning. Adjourned to 9 o'clock, next morning. Thursday, January 24, 1788. Some unimportant debates till ten o'clock — then a motion to consider the Constitution, upon the whole, and not by para- graphs. After debate, it was ordered to subside, by a great majority. The eighth section was then read, and some debate. Adjourned. 1788.] JUDGE PARSONS'S MINUTES. 315 , 3 O'CLOCK, P. M. Eighth section. Mr. Dench. These powers will dissolve the State govern- ments. Mr. Cabot answered Mr. Dench. Mr. Dench replied. Gen. Brooks, of Medford, answers Mr. Dench at large, by showing the Federal government cannot exist, but on the exist- ence of the several governments. Maj. Hosmer wishes to have explained the Federal town. Mr. Strong explains it. Congress must have exclusive legis- lation where they sit, to prevent or punish insults. Dr. Taylor. The district is too large — may contain barracks and stores. Mr. King. Words, in their nature and language, are imper- fect. The Convention must either enumerate the rights of the general government, or the rights of the State governments — most for the liberties of the States to enumerate the powers of the general government, and all not enumerated still remain to the States — rights of all, therefore, accurately denned, which he illustrates by direct taxes — the power of availing itself of the whole resources, is essential — there is no government without it, except Turkey. Under the new government, the wants of each government will be confined, but the wants of the general government must be unconfined — people suppose they can increase the general government without lessening the State's power — 'tis not true. Our State now, is not a sovereign State — we cannot make peace, or war, or treaties — no aristocracy in the new government. Dr. Willard has the thirteenth article of the Confederation read, and the tenth article of the sixth section of ours was read, and observed that we ought to be jealous when our Con- stitution is in danger. Mr. King says, the people at all times have the control of their Constitution. Dr. Willard. Our governments are governments of laws and not of men, and the Constitution cannot be altered but according to the compact. 316 JUDGE PARSONS'S MINUTES. [1788. Mr. Jones, of Boston. The word consolidation has different ideas, as different metals melted into one mass, two twigs tied into oiip bundle. Mr. Dench insists upon it, by consolidation under the Federal government, will dissolve the powers of the States, /and render our elections insecure. Rev. Mr. West answered it. Gem Thompson. Unconstitutional to adopt it — if we do, it will be of no force — our delegates did not keep within the line of their duty. Mr. Gokham. The delegates kept within their line — the powers authorized the reporting the Federal Constitution. Some articles of our bill of rights read. Mr. Sedgwick. The only question is, what is for the general good and happiness of the people. Mr. Strong, (who did not sign,) says, the concurrence of three to sign not necessary — a majority makes a quorum, viz., three ; and a majority of the quorum gives the vote of the State — through sickness he was obliged to return home, but had he been there he should have signed it — then shows that the delegates acted within their line — under the words provis- ions and alterations, this new Constitution may be reported — but we have nothing to do with it — our business is solely to adopt or reject the Constitution. Dr. Willard charges King with treating some of the members illiberally, as insinuating that some of them listened to out-of- doors whispers. Mr. King denies the charge — he only said that if any people did listen to such whispers, they did wrong. Mr. Dalton observes that Mr. Singletary introduced out-of- door talk, and gave a just foundation for Mr. King's observa- tions. Gen. Brooks, of Lincoln. The rights of the general govern- ment are distinct from the particular governments, because all rights not given to the general government remain to the States — the word guaranty does not imply a gift or grant, but a warrant and defence. Mr. Wedgery. Our Constitutions are not our defence — why should Congress guarantee a republican form ? — they may, not- 1788.] JUDGE PARSONS'S MINUTES. 317 withstanding, unite us into one republican form — every body knows that Congress have no power but what is given them — the question is, what is given them. Hon. Mr. Adams. To guarantee is not to Mr. Parsons, on the guarantee. Mr. Dawes. Adjourned. Friday, January 25, 1788, A. M. Conversation of the ninth section. Gen. Yarnum observes on the fourth section, first article, on Turner's and Wedgery's arguments on that section ; then observes on the ninth section : powers of regulating trade are necessary for the good of the whole — to encourage our shipping — and then makes a variety of excellent observations. Mr. Choate. Suppose a power of attorney to transact a particular object — the attorney can go no further — if the power was general, and he afterwards gave a new power to a second person, for a particular object, the second power can go no further to control the first, than to the particular object to which it extends. The same reasoning applies to the Constitution. Mr. Shurtleff reads the section where the constitutional laws of Congress are to be paramount to State laws, which he says gives all unlimited powers. Mr. Ames. If this Constitution will destroy the liberties of the country, we should reject it ; but such -is the ruin if we reject it, we ought to be sure our liberties are in danger before we reject it. Our liberties cannot be preserved without union — the Confederation is a dead letter — the country teeming with new States — a seminal soil — without union the new States will be opposed to us — surrounded by hostile enemies — Spain and Britain, they injure us, because they despise us. He went on, and made an elegant and pertinent speech. Gen. Thompson. I am for union, and that something must be done, but not adopt this Constitution — I hope we shall reject "this — our sister States are divided — other States will follow us, 318 JUDGE PARSONS's MINUTES. [1788. we should therefore stand by, and not be too hasty. Suppose only nine States adopt it — then four will not adopt it — no foreign States know — thirteen not nine — we should unite, and we can get a new system — send a new Convention — cruel and wicked to alter, but on the terms of the old Confederation, except at the last cast. Mr. Singletary. I know the principles I formerly acted upon, I act upon the same now — for the liberties, for the liber- ties of the people — the English claimed all our property, and to do what they please — the lands will bear all the burdens — gen- tlemen now supporting this Constitution will be in government. Col. Smith, of Lanesborough. The two things farmers have to dread, are 1. Anarchy; 2. Tyranny. Anarchy leads to tyranny, and while we are trying and trying for amendments, some tyrant will set up, and the people, to relieve themselves from anarchy [will obey him] . Our security is that the com- mon interest is our common defence. Mr. Parsons spoke on ambiguities. Adjourned. 3 o'clock, P. M. Mr. Ames called upon gentlemen to show why Congress, under this new Constitution, has more power than under the old Confederation. Mr. Singletary, in answer, showed the checks were different — annual elections — rotation — recall — in the old, and not in the new. Mr. Wedgery. By the new Constitution, Congress can lay no direct tax butjon polls, where the poor will pay as much as the rich — objects to representation — thirty thousand men on a sand hill will pay as much as the same numbers in the Garden of Eden — our debt is our safety, as long as we can pay the interest. Mr. Ames appears to be conscience-struck ; a lawyer, and conscience-struck ! — perhaps it is for the poor paying as much as the rich. States ought not to have an equal represen- tation in the Senate, according to interest — but it is said we could not do better — very pretty — the great must give way to the less — suppose nine adopt and four reject, what will you do ? Use the sword ? No, we shall be ruined — the four will be jus-* 1788. J JUDGE PARSONS'S MINUTES. 319 tified, because each State must consent by the old Confedera- tion — some benefit will arise if nine States accept, as it will prevent paper money, and save the States, by endorsing them to a citizen of another State. Mr. Gorham. His objection to impost goes to the old Con- federation as well as to the new — one State has a provision in its Constitution that there shall be no poll tax. Mr. Cooley said, he never had advanced that all direct tax was on the polls. Mr. Jones, of Boston, shows the advantages, to all classes, from the new Constitution. Mr. Jones, of Bristol, says, power to regulate the trade abroad is enough. Col. Porter. To grant only an impost is to invite enemies to attack us, for shutting up our ports is to destroy our resources. Col. Taylor says, he is now convinced we have no need of granting a direct tax, as the impost is enough for war and peace. Gen. Varnum. To say we will not grant a direct tax to Congress, is to say that we will not have the power of a direct tax, for Congress are the people, especially as in war our imposts are destroyed. Mr. Dench wishes to go to the next session [section ?] . Mr. King. If direct taxes can only be collected from polls, a good reason for rejecting the Constitution — but it is not true — the apportionment in the Constitution is only among the States, and not upon the individuals in a State — in the last case, Congress have a discretionary power — as to equal vote of States in the Senate, we could have no union without it. Mr. Pierce, of Partridgefield. Powers in Constitution are dangerous; 1. Direct taxes ; 2. Duty on imposts include excises, and so a State can, by the tenth section, lay excises. Mr. Sedgwick was going to give an answer, but it was said not to be in order, and the ninth section was read. Mr. Dalton. In favor of first paragraph because we gain a right in time to abolish the slave trade. Mr. Kinsley wants to know the reason why vessels from one State to another are not obliged to enter, &c. 320 JUDGE PARSONS's MINUTES. [1788. Mr. Jones. That no duties should be laid on the exports ot a State. Gen. Thompson. It is contrived to enable them to run. Dr. Jarvis. It is when a vessel bound to one State makes a harbor in another, he is held to pay duties. Deacon Sever and Deacon Phillips give the same. Mr. Gore the same. Mr. Cabot explains it fully. Mr. Neal talks against the slave trade. Mr. Cooley asks, whether negro slaves, emigrating into this State, will not be considered as a poll, to increase our ratio of taxes ? Rev. Mr. Backus answers Mr. Neal, and shows we have now gained a check which we had not before, and hopes in time we shall stop the slave trade. Mr. Bodman says, those born slaves in the southern States may still continue slaves. Gen. Thompson. If the southern States would not give up the right of slavery, then we should not join with them — Wash- ington's character fell fifty per cent, by keeping slaves — it is all a contrivance, and Washington at the head — our delegates over- powered by Washington and others. Mr. Jones, of Bristol, objects to Article V., because we can't amend this section for twenty years. Monday, January 28, 1788, 3 P. M. First section, second article — Executive. Mr. Gorham. All governments require an executive — this section fixes the mode of appointment — the people at large could not choose — the legislature of Congress could not choose, he would then be their creature " 23 [Here the Minutes end abruptly.] 1788.] LEGISLATIVE AfTION, 321 ACTION OF THE GENERAL COURT. [Resolve to print the Address of the Committee appointed by the Convention.} Commonwealth of Massachusetts. In Senate, March 29, 1788. Whereas, a Convention, chosen by the People of this Com- monwealth, by their Resolve of the 7th of February, 1788, appointed a Committee to prepare " An Address to the People, stating the principles of the said Constitution, the various objections which were made against it, the answers they received, and explaining the absolute necessity of adopting some energetic system of Federal government for the preservation of the Union, and that the same be published," and whereas, the said Convention, by their said Resolve, recommended to the General Court their making provision for the publication of the same ; be it Resolved, That Messrs. Adams & Nourse, Printers to the General Court, print the said Address, and lay their accounts before the General Court for allowance and payment. Sent down for concurrence. . S. Adams, President In the House op Representatives, March 29, 1788. Read and non-concurred. J. Warren, Speaker. [Extract from the Journal of the House of Representatives.] Saturday, March 29, 1788, 9 o'clock, A. M. The Hon. L. Thompson brought down a Resolve of Senate of this day, directing the Printers to the General Court to print 41 322 LEGISLATIVE ACTION. [1788. the Address of the Committee of the late Convention to the people, agreeably to their Resolution of the 7th of February last — sent down for concurrence. A motion was made and seconded, that the consideration of the said Resolve be referred to the next session of the General Court, and the question being put, passed in the negative. The question of concurrence was then put, and passed in the negative also. ** [Extract from the Senate Journal.] Saturday, March 29, 1788. Resolve directing the Printers to print the Address of the Convention, sent down for concurrence, came up non-concurred. ** [We find no report of the discussion upon this question, or of the reasons influencing the House in their action, in the newspapers of the day.] 1788.] PUBLIC SENTIMENT OF THE DAY. 323 PUBLIC SENTIMENT OF THE DAY. [Of the good feeling with which the large minority submitted to the decision of the majority, and of the general enthusiasm with which the harmonious conclusion of the Convention was welcomed by the people, some idea may be formed from the subjoined extracts from the columns of the Centinel, of February 9 and 13, 1788 :— ] On the ratification being declared, a very large concourse of spectators testified their satisfaction by repeated huzzas ; and the whole Convention, having been previously invited, par- took, with a number of the respectable citizens, at a decent repast, prepared in the Senate Chamber ; where, in mutual congratulations and testimonials of satisfaction, all party ideas were done away, and such a spirit of joy, union and urbanity diffused, as, if continued, must be attended with the most happy consequences through the Commonwealth. The toasts given, were truly conciliatory, and were, we believe, drank with sincerity by every one present. All appeared willing to bury the hatchet of animosity, and to smoke the calumet of union and love. After this repast, the Convention dissolved. Thus far, the proceedings of the Convention. Now for those of the people. The citizens of Boston have ever shown themselves advo- cates for freedom ; therefore, when a motion had obtained, one of the greatest objects of which is " to secure the blessings of liberty to themselves and their posterity," they could not resist the strong impulse they must have had, publicly to testify their gratitude for the pleasing event. Nor have they. On the decision being declared, the bells in the several public build- ings, communicated the happy intelligence to every part of the town, by a peal, which continued for several hours, and which has been continued with short intervals ever since. The dis- charge of cannon, and other demonstrations of joy, took place 324: PUBLIC SENTIMENT OF THE DAY. [1788. on Wednesday and Thursday, but it was left to yesterday to produce an exhibition, to which, America 'has never before wit- nessed an equal, and which has exceded any thing of the kind Europe can boast of. The Committee of Tradesmen met on Thursday, and by public advertisements, requested the attendance of the mechanics and artisans of every description, in town, at Faneuil Hall, at 9 o'clock, yesterday, in order to form, and proceed in Grand Pro- cession therefrom, to testify their approbation of the ratification of the Federal Constitution by the Convention of this Common- wealth, the 9th inst., and deputed their Chairman to request their brethren, the husbandmen of the adjacent towns, to join them, who, though the notice was very short, accordingly appeared in town at 9 o'clock ; when, the several trades being met, at 11 o'clock, in real Grand Procession, the whole moved from the hall, and the following was the ORDER OF TJIE PROCESSION. Sixteen Foresters, with axes, and brush scythes. Music. A PLOUGH, drawn by two horses, and two yokes of oxen, with a person holding it, and others clearing away the obstructions. [The Sons of Freedom venerate the Plough.] Three Sowers, with baskets strewing grain, and smoking their pipes. A Brush-Harrow, drawn by a horse. A large Roller, drawn by a horse and pair of oxen. Four Reapers, with sickles, &c. Three Thrashers, with flails. Four Mowers, witli scythes, followed by eighteen Haymakers, with rakes, Remarks by, 102, 113, 118, 126, 156, 280, 289, 291, 298, 301, 305, 310» Whiting, William, 54, 55 Whitney, Daniel, Delegate, . 34 Josiah, Delegate, 40 Gen., Speech of, 281 Whitman, Charles, Delegate, 34 Levi, Delegate, 37 Wibird, Anthony, Delegate, 32 Wilbraham, Delegate from, 35 Wilder, David, Delegate, 40 Ephraim, Delegate, . 40 56 442 INDEX. Page. Willard, Jacob, Delegate, 40 Samuel, Delegate 40 Remarks by, 168,169,315,316 William III 198 Duration of Parliaments limited to three years in the reign of 114 William, Ephraim, Delegate, 36 Williams, James, Delegate, 37, 50 John Foster, Commander of the Ship Federal Constitution, . 327 Leonard, Delegate, 34 Williamsburgb, Delegate from 35 Williamson, Hugh, 15 Williamstown, Delegate from 42 Remonstrances from certain inhabitants of, . . . 48, 51, 52 Williston, John, Delegate, 35 Willmarth, Moses, Delegate, 38 Wilmington, Delegate from, 34 Wilson, James, 15 Speech of, 354 Robert, Delegate, 35 Winchendon, Delegate from, * . . . . 40 Windsor, Delegate from 42 Winn, Timotby, Delegate, 33 Winslow, Delegate from 41 Winsor, William, Delegate, 38 Winthrop, Delegate from, 42 Winthrop, John, Delegate, . . . * 31 Woburn, Delegates from, 33 Wood, Aaron, Delegate, 32 Joseph, Delegate, . . . . . * . . . . 32 Josiah, Delegate 40 Woods, John, Delegate, 39 Woolwich, Delegate from, . . . . * . . \ . . . 41 Worcester, Delegate from, 39 Worthington, Delegate from 36 Wrentham, Delegate from .... 32 Writings of Washington, edited by Jared Sparks, extracts from, . . 399 Wyman, Nathaniel, Delegate 41 Yarmouth, Delegates from, 37 Yeas and Nays, on propositions of the President of the Convention, . S7— 92 York, Delegates from 38 Young, William 51, 92 2 RETURN 5^SOT MFNTS ., Te . No. 642-2568 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS DUE AS STAMPED BELOW APR 1 7 »4 RECD IN PCS DEPT. MAY 5 1984 MAY i 5 1385 R ECEIVED BY MAY * U 19Qr> CIRCULATION DEPT, auoaB UNIVERSITY OF CALIFORNIA, BERKELEY FORM NO. DDO, 5m, 12/80 BERKELEY, CA 94720 U. C.BERKELEY LIBRARIf CDS7D7M37^