Watertown. Assuming that the offices of Governor, Deputy Governor, and Councilors were vacant, from their absenting themselves, and refusing to govern the Province according to their Charter, they proceeded, under the advice of the Continental Congress, on the 28th of July, to choose Councilors to act as one branch of the Legislature, and also to exercise the Executive powers of the government. They agreed to consider the Constitutional Council, or the major part of them, as the supreme Executive, and to acquiesce in whatever they should constitutionally do in that capacity.

The Charter was then acknowledged as the civil Constitution of the Province, although courts of justice were suspended, and the authority of that instrument itself mostly superseded by the adoption of a resolution in the Continental Congress, May 15, 1776, declaring that the exercise of every kind of authority under the Crown should be suppressed, and that all the powers of government should be exercised under the authority of the people of the Colonies, for the preservation of internal peace, virtue and good order. This action had been somewhat anticipated by the Legislature of Massachusetts, who, on the 1st of May, passed a resolve, to alter the style of writs and other legal processes, by substituting "The People and Government of Massachusetts," for "George the Third," and in dating official papers with the year of our Lord, without giving that of the reign.

In September, 1776, the Massachusetts Assembly voted to take steps toward the framing of a form of government, and on the 5th of May, 1777, they recommended that the Representatives elected to the next General Court should have full powers, in one body with the Council, to form a Constitution, subject to tho approval of the people by a two-third vote. A considerable part of the year was spent in the preparation of a Constitution, but the records of their proceedings are but imperfectly preserved. The journals of the House and Council relate to legislative business only, and while sitting together as a Convention, their system of keeping a record of proceedings was partially neglected. A draft, however, was reported in January, adopted by the General Court February 28, 1778, and submitted to a vote of the people March 4, 1778. But a very partial return was made, and a hundred and twenty towns made no returns whatever. About twelve thousand voted in the whole State, and of these five-sixths were opposed to its adoption. This first plan of a Constitution contained no Bill of Rights or definition of powers. The three Departments recognized as distinct in all our modern State Constitututions were strangely confused, and would have led to much irregularity in practice. In fact, it was but an imperfect contrivance, little suited as the foundation of a Stato government, although it contained the germ of some of the more valuable fruit secured by the subsequent Constitution.

The Hon. John Adams, in writing upon this subject some years afterward, was unable to assign a reason for this decided condemnation of an instrument which, although imperfect, was much better than none at all, or than the temporary system which necessity had created. The sentiment of opposition was almost unanimous in Boston, and this influence was strongly felt throughout the Commonwealth.

The legality of a Convention elected also for legislative purposes, appears to have been distrusted, and there was at this time a class of persons who appeared adverse to any more permanent form of government, at least for the present. The legislative body itself had become so doubtful on this point, that on the 19th of February, 1779, a majority of that body adopted a resolution, proposing that a vote should be taken by the people upon the two following questions, to test their wishes upon the questions: 1st, As to "whether they choose at this time

to have a new Constitution or form of government made;" and 2d, As to "whether they will empower their Representatives for the next year to vote for the calling of a State Convention for the sole purpose of forming a new Constitution."

In case the first question was answered in the affirmative, two-thirds of the towns having made returns, and of these a large majority for the Convention, one was elected under a resolve passed June 17, 1779, and met in Cambridge on September 1st, the appointed day. Having settled upon the principles upon which the government should be based, namely that it should be a Free Republic, that it was the essence of a free republic that the people should be governed by fixed laws of their own making, and that they should prepare a Declaration of Rights of the people of Massachusetts Bay, they appointed, on the 4th of September, a Committee of thirty persons to prepare a Declaration of Rights and form of government.

On the 6th, they adjourned till October 28th, to allow the Committee time to prepare their report. It met in Boston, and after extended discussion, delegated to a sub-committee of three, consisting of James Bowdoin, Samuel Adams and John Adams, the task of preparing a draft of a Constitution. These agreed to leave it to John Adams, who prepared it, and it was accepted by them with some trifling amendments. The Declaration of Rights was intrusted to John Adams alone, by the General Committee, and it was reported by him, except the third article. In this labor he was guided by the English Constitution, the Vir ginia Bill of Rights, and general experience. It is now difficult to determine exactly how far changes were made from the first draft, but the frame and essence of the work was preserved without material change. The Committee of thirty, reported to the Convention October 28th, and after discussing the measure until November 11th, they adjourned to January 5th, 1780, but did not proceed to business until the 27th. They finally agreed upon the form of the Constitution, March 2d, and adjourned till the first Wednesday of June, to receive the returns of an election upon the question of its adoption.

The returns showed an approval by more than two-thirds, and on the 16th of June, the Convention declared its acceptance, and resolved that it should go into effect, except for the purpose of making elections, on the last Wednesday of October, 1780. The vote in Boston, while it favored adoption, expressed a desire for several changes, especially in the third article of the Bill of Rights, providing for religious worship, in which they wished for more toleration, and for no degree of compulsion in religious sentiment or worship. They wished the privilege of habeas corpus more accurately defined, and more liberty granted, so that citizens should not be subject to confinement on suspicion, and they were in favor of a power in the Governor to order the militia into a neighboring State in time of danger, without an order of the Legislature. But the Convention were not authorized to act upon these amendments, and they were not entertained. The first Legislature, under the Constitution, met at Boston, October 25, 1780.

As required in Article X, Chapter VI, Part II, the question of Convention or no Convention, was submitted to the electors in 1795. The number of votes given in favor of revising the Constitution, was 7,999, and the number against it, 8,325. There were also given, in towns which made no return of the precept, (not included in the above,) 3,387 yeas, and 2,542 nays,

The separation of Maine, in 1820, and a discontent with reference to some features of the Constitution, led to a reference of the question as to whether a Convention should be held. By an act passed June 16, 1820, an election was held in August of that year, which gave a vote of 11,756 for, and 6,593 against, a

Convention, not a fourth part of the voters attending the election. An election of Delegates was accordingly held, October 16, and the Convention, consisting of about five hundred members, met November 15, 1820, and continued by adjournment until January 9, 1821. It submitted fourteen amendments, of which five were rejected and nine adopted, at an election held April 9, 1821. The articles adopted were officially proclaimed June 5, 1821.

Amendments adopted by the Legislature at two previous sessions, have been ratified by the people in 1831, 1833, 1836, 1840, 1855, 1857, 1859, 1860 and 1863. In 1851, the question of calling another Convention was submitted, but rejected by a vote of 60,972 to 65,846. But in 1852, a similar question was approved by a popular vote of 66,416 to 59,112, and Delegates were accordingly chosen March 7th, to meet May 4th, 1853, in Convention, at Boston, to revise the State Constitution. They met at the appointed time, and continued in session until August 1, 1853, when they closed their labors by submitting a revised Constitution, to be voted for, or against, by the people, under eight different questions; the first embracing the Preamble, Declaration of Rights, and Frame of Government entire, and the others relating to separate articles or paragraphs. The election was held November 14, 1853, and resulted in a disapproval of the whole. Upon the first question, the vote was 63,222 to 68,159, and upon the others the majority against, varied from 401 to 6,683 votes.

In the Constitution, as given in our text, articles of the original Constitution, and articles of amendment thereto, which have become inoperative, by reason of subsequent amendments, are inclosed in brackets, and are printed in smaller type; obsolete portions of articles, in some instances confined to a sentence or single word, are also covered by brackets.

1 It was proposed at first, that two-thirds of the citizens should be in favor of a Convention, but this was changed so as to require only a majority.