RESOLUTIONS FOR THE ASSEMBLING OF THE

CONVENTION.

COMMONWEALTH OF 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 unanimously approved by the said states in convention assembled: And whereas, that convention resolved that the said constitution should be laid before the United States in congress assembled, 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 assenting 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 convention 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 recommended to the people of this Commonwealth, that a convention 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 January next, and that the constitution so reported, be submitted to the said convention for their assent and ratification; and

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 inhabitants of their several towns and districts, qualified by law to vote in the election of representatives, for the purpose of choosing delegates to represent them in said convention.

And to preserve an equality to the people in their representation in the said convention, that the several towns and districts elect respectively, by ballot, not exceeding the same number of delegates as by law they are entitled to send representatives 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 resolutions of the convention, and their letter to the president of 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 discharge 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 sufficient moneys then in the treasury for that purpose, the treasurer

is hereby authorized and directed to borrow sufficient moneys therefor, on such funds of the government as are not appropriated.

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 Constitution, from the Hon. ELBRIDGE GERRY, Esq., one of the delegates 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 representatives, where it was, on Thursday, read and sent up.-Independent 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 convention.

To this system I gave my dissent, and shall submit my objections to the honorable legislature.

It was painful for me, on a subject of such national importance, 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

they have no security for the right of election-that some of the powers of the legislature are ambiguous, and others indefinite 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 amendments 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 preservation of liberty.

The question on this plan involves others of the highest importance: 1st. Whether there shall be a dissolution of the federal 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, without amendments? Never, perhaps, were a people called on to decide a question of greater magnitude. Should the citizens of America adopt the plan as it now stands, their liberties may be lost; or, should they reject it altogether, anarchy may It is evident, therefore, that they should not be precipitate in their decisions; that the subject should be well under

ensue.

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 discussions 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 necessity 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 obedient, and very humble servant,

The Hon. SAMUEL ADAMS, Esq.,

E. GERRY.

President of the Senate, and

The Hon. JAMES WARREN, Esq.,

Speaker of the House of Representatives of Massachusetts.