ADVERTISEMENT TO THE FIRST EDITION. THIS Report of the Proceedings and Debates in the Convention was made for the Boston Daily Advertiser by the Editor of that paper, who was a member of the Convention, assisted by a gentleman of the bar, [Octavius Pickering, Esq., afterwards, for many years, Reporter of Decisions of the Supreme Judicial Court,] to whom a seat was assigned by the President. The principal design was to furnish the public, from day to day, with an account of the proceedings, through that paper; and to this design the report was necessarily made to conform. For a great part of the session, the proceedings of each day were published in the morning paper of the following day; the reporters were in consequence obliged to prepare their reports in the greatest haste; and in cases in which the sittings continued to a great length of time, and especially when two sittings were held on the same day and protracted to a late hour in the evening, it became necessary, as well on account of the short interval for transcribing, as from regard to the capacity of the paper, to abridge the debate to a greater degree than they would otherwise have done. Many of the reported speeches are to be considered rather as abridgments, than as full reports of those which were delivered. It was, in general, the object of the reporters, to give the whole argument in substance, without being scrupulously careful to adhere to the language of the several speakers. In this design, however, they may occasionally have failed; sometimes, from not hearing distinctly-sometimes, perhaps, from not fully understanding the scope of the argument, and sometimes from not being able, through fatigue, to give proper attention. For these reasons, it will not be supposed that complete justice is done to the different speakers, in point of elegance and propriety of expression, or that the same degree of justice is done to each, in regard to fulness and accuracy; but the reporters have endeavored, according to the best of their ability, to give as full and accurate a report of the debates as circumstances would admit. JANUARY, 1821. COMMONWEALTH OF MASSACHUSETTS. IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND TWENTY. AN ACT RELATING TO THE CALLING A CONVENTION OF DELEGATES OF THE PEOPLE, FOR THE PURPOSE OF REVISING THE CONSTITUTION. SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the inhabitants of the several towns, districts, and places within this Commonwealth, qualified to vote for Senators or Representatives in the General Court, shall assemble in regular town meetings, to be notified in the usual manner, on the third Monday of August next, and shall, in open town meeting, give in their votes, by ballot, on this question: "Is it expedient that Delegates should be chosen, to meet in Convention, for the purpose of revising, or altering the Constitution of Government of this Commonwealth?" And the selectmen of the said towns and districts shall, in open town meeting, receive, sort, count, and declare, and the clerks thereof shall, respectively, record the votes given for and against the measure; and exact returns thereof shall be made out, under the hands of a majority of the selectmen, and of the clerk, who shall seal up and deliver the same to the sheriff of the county, within one week from the time of meeting, to be by him transmitted to the office of the Secretary of the Commonwealth, on or before the second Monday in September next; or the selectmen may themselves transmit the same to said office, on or before the day last mentioned; and all returns not then made, shall be rejected in the counting. And the Governor and Council shall open and examine the returns made as aforesaid, and count the votes given on the said question; and the Governor shall, by public proclamation, to be made on or before the third Monday in said month of September, make known the result, by declaring the number appearing in favor of choosing Delegates for the purpose aforesaid, and the number of votes appearing against the same: And if it shall appear that a majority of the votes given in, and returned as aforesaid, are in favor of choosing delegates as aforesaid, the same shall be deemed and taken to be the will of the people of the Commonwealth, that a Convention should meet accordingly; and in case of such majority, the Governor shall call upon the people to elect delegates to meet in Convention, in the manner hereinafter provided. SECT. 2. Be it further enacted, That if it shall be declared by the said proclamation that the majority of votes as aforesaid is in favor of choosing delegates as abovementioned, the inhabitants of the several towns and districts within the Commonwealth, now entitled to send one or more representatives to the General Court, shall, on the third Monday in October next, assemble in town meeting, to be duly notified by warrant from the selectmen, and shall elect one or more delegates, not exceeding the number of representatives to which such town is entitled, to meet delegates from other towns in Convention, for the purposes hereinafter expressed: And at such meeting of the inhabitants, every person entitled to vote for representatives in the General Court shall have a right to vote in the choice of delegates; and the selectmen shall preside at such elections; and shall, in open meeting, receive, sort, count, and declare the votes, and the clerk shall make a record thereof, fair copies of which, attested by the selectmen and clerk, shall be seasonably delivered to each person chosen a delegate as aforesaid. And all the laws now in force, regulating the duty and conduct of town officers, sheriffs, magistrates, and electors, in the elections of governor, lieutenant governor, counsellors and senators, and representatives, shall, as far as applicable, apply and be in full force and operation as to all meetings holden, and elections and returns made under this act, or which, by this act, are required to be holden or made, and upon the like forfeitures and penalties. SECT. 3. Be it further enacted, That the persons so elected delegates shall meet in Convention, in the State House in Boston, on the third Wednesday in November next; and they shall be the judges of the returns and election of their own members, and may adjourn from time to time, and one hundred of the persons elected shall constitute a quorum for the transaction of business; and they shall proceed, as soon as may be, to organize themselves in Convention, by choosing a president, and such other officers as they may deem expedient, and by establishing proper rules of proceeding; and when organized, they may take into consideration the propriety and expediency of making any, and if any, what alterations or amendments in the present Constitution of Government of the Commonwealth; and such amendments, when made and adopted by the said Convention, shall be submitted to the people for their ratification and adoption, in such manner as the said Convention shall direct; and if ratified by the people in the manner directed by the said Convention, the Constitution shall be deemed and taken to be altered or amended accordingly; and if not so ratified, the present Constitution shall be and remain the Constitution of Government of this Commonwealth. SECT. 4. Be it further enacted, That the said Convention shall establish the pay or compensation of its officers and members, and the expense of its session; and His Excellency the Governor, by and with the advice and consent of the Council, is authorized to draw his warrant on the Treasurer therefor. SECT. 5. Be it further enacted, That the Secretary of the Commonwealth be and he hereby is directed, forthwith after the passage thereof, to transmit printed copies of this act to the selectmen of every town and district within the said Commonwealth; and whenever the Governor shall issue his proclamation, calling upon the people to elect delegates to meet in Convention as aforesaid, the said Secretary shall also, immediately thereafter, transmit printed copies of said proclamation, attested by himself, to the selectmen of every town and district in said Commonwealth. [Approved by the Governor, June 16th, 1820.] CONVENTION OF DELEGATES Assembled at the State House in Boston, November 15th, 1820, for the purpose of revising the Constitution of Massachusetts, in pursuance of the law of June 16th. LIST OF DELEGATES. SUFFOLK. Gloucester-Col. William Pearce, John Hamilton-Jonathan Lamson. Boston-His Honor William Phillips, Chelsea-Rev. Joseph Tuckerman. Amesbury-John Morse, Esq., Enoch Lynnfield-Asa T. Newhall. Manchester-Col. David Colby. Marblehead-Nathan Hooper, Joshua Prentiss, Jun., Benjamin Knight, Nathan Martin, John H. Gregory. Methuen-Stephen Barker. Middleton-Rev. Ebenezer Hubbard. Newbury-Josiah Little, Esq., Richard Pike, Esq., Moses Little, Esq. Newburyport-Rev. John Andrews, Hon. Samuel S. Wilde, William Bartlett, William B. Bannister, James Prince, Dr. Nathan Noyes. Rowley-Parker Cleaveland, Joshua Jewett. Salem-Hon. Benjamin Pickman, Joseph Story, Leverett Saltonstall, Gideon Barstow, Esq., David Cummings, Esq. Stephen White, Esq., John G. King, Michael Shepherd, John Derby, Jun. Salisbury-Samuel March, Benjamin Evans. Saugus-Jonathan Makepeace. West Newbury-Thomas Hills. MIDDLESEX. Acton-Joseph Noyes, Esq. * [Did not attend.] |