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PART III.

THE CONSTITUTIONAL GOVERNMENT

OF MASSACHUSETTS.

CHAPTER XVIII.

FORMATION OF THE CONSTITUTION.

TIVE DEPARTMENT.

THE LEGISLA

FORMATION OF CONSTITUTION.

DURING all the troubles between the colonies and the home government, Massachusetts had been especially prominent. She thus brought upon herself the earliest and most severe coercive measures of the crown. Her commerce was destroyed by the famous Port Bill; and British troops were sent to awe her people.

When these measures failed to stifle the spirit of independence, the king in 1774 procured Regulating Act. the passage of what is known as the Regulating Act; which not only essentially changed the form of government established by the charter, but struck a heavy blow at some of the fundamental safeguards of civil liberty. This act vested the appointment of councillors in the king, and of all judicial officers in the governor. The governor and council were empowered to appoint sheriffs, by whom jurymen were to be selected. Town meetings were forbidden to be held without the consent of the governor. At the same time, another law provided that persons might be transported to England for trial. It was found impossible to carry these measures into execution. No

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persons could be found to serve as jurymen; and the administration of justice was suspended. Gradually the people were being driven into independence. The colony asked the advice of the Continental Congress, and were counselled to avoid hasty measures, and to be guided by events.

In October, 1774, the governor had called for an Provincial election of deputies, but had dissolved Congress. the court before the time of meeting. The body met, notwithstanding, in Salem, and organized itself into a provincial congress with John Hancock as president. This body took into consideration the affairs of the province, and appointed an executive committee called "The Committee of Safety."

After the battle of Lexington, Massachusetts again Provisional Gov- called upon the Continental Congress for ernment. advice. The people of the country were not ready for independence; and the Congress was unwilling to advise Massachusetts to set up a new government. It therefore recommended that the people choose representatives according to the terms of their charter, who should choose a council to govern the State until a royal governor might be appointed who should carry out the provisions of the charter. Such a governor never appeared; and the council administered the affairs until 1780.

stitution.

In that year, a convention of delegates, chosen by the Adoption of Con- people, prepared a constitution, which was ratified by a popular vote. In October, 1780, the new constitutional State government was organized, with John Hancock as governor. The State has since been governed under this constitution with such amendments as have from time to time been made to it.

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