Massachusetts Constitutional Convention of 1853
Encyclopedia
The Massachusetts
Constitutional Convention
of 1853 met in order to consider changes to the Massachusetts Constitution
. This was the third such convention in Massachusetts history; the first, in 1779–80, had drawn up the original document, while the second, in 1820-21, submitted the first nine articles of amendment to a popular vote where all were approved. Since 1853, Massachusetts has had one subsequent Constitutional Convention, in 1917–18.
was inaugurated Governor
in January 1851. This "marked the beginning of a determined drive for the elimination of the 'inequalities' in the system of representation." A joint committee on representation of the Massachusetts General Court
recommended an amendment giving smaller towns an unfair advantage over the larger ones, and it failed to reach the required two-thirds majority in the House
. However, the drive for reform persisted, and a Senate
bill provided that the people be asked whether they wished for a constitutional convention. The bill passed, but on November 10, 1851 the idea of a convention was rejected by a vote of 65,846 against to 60,972 in favor.
Undeterred, the Legislature on May 7, 1852 passed “An Act relating to the calling a Convention of Delegates of the People, for the purpose of revising the Constitution". On November 8 of that year, the following question was answered in the affirmative by the voters:
Delegates to the Convention were elected on March 7, 1853, with each town entitled to the same number of delegates as it had representatives in the Massachusetts House of Representatives.
in Boston. There were around 420 delegates, though often substantially fewer were actually present for votes. For instance, on a vote taken in the session of July 28, regarding Proposition Number Five, only 165 members–less than half the full body–were present and voting.
There is no record of any oath having been used to swear in the members. Every delegate was male.
On the first day of the Convention, a President was elected. Of 394 votes cast, the winner, Nathaniel Prentice Banks
, received 250. George N. Briggs
got 137 votes, with four others winning one vote each.
Also on the Convention's opening day, one man from each county was selected in order to sit on a committee to establish how best to proceed. They reported back two days later with a recommendation of standing committees. These were as follows:
Additionally, during the course of its business, the Convention found it expedient to organize Committees on Vacancies; the Adoption of the Principle of Plurality in Elections; the Loan and Credit of the State; Banking Corporations; General Corporations; and on the Order of Business. Finally, although the Legislature had abandoned this device some years previous, the Convention met several times as a Committee of the Whole
; this allowed it to circumvent some of the cumbersome rules of procedure normally used and to quickly gauge the support of a particular measure. As for petitions, they "could be presented to the Convention only on introduction by a delegate."
Fifteen ministers
were in attendance; on the second day of the Convention, Rev. Warren Burton was elected chaplain
from among these. Of 385 votes cast, he received 224, with Lyman Beecher
garnering 129, James D. Farnsworth, 17, and the rest one or two votes apiece.
Other prominent attendees included Charles Sumner
, Henry Wilson
, Robert Rantoul, Jr.
, and George N. Briggs
.
The Convention came up with eight proposals, which are enumerated below. After 72 days of work, it adjourned sine die
on Tuesday, August 2, 1853, at 1:54 am. Before doing so, the Committee on the Pay Roll reported an expense figure of $
114,092 for the Convention.
of Berlin
addressed a message to the people. He noted that
Up to that point, the Massachusetts Constitution had been amended 13 times, and some of those provisions had rendered parts of the document's original body inoperative. Boutwell asserted that “Constitutional laws should be plain, that they may be impartially interpreted and faithfully executed, ‘that every man may at all times find his security in them’".
Additionally, and this was not mentioned by Boutwell, the Constitution provided that the Tuesday after the first Monday in November was to be the State election day, so as to align with the Congressional election day.
Boutwell closed by calling the adoption or revision of a constitution “an epoch in the history of a free people,” stating that “We have no doubt that your decision will…under Divine Providence,…render more and more illustrious our ancient Commonwealth.”
In addition to the new constitution, seven distinct amendments were proposed, numbered two through eight, as the constitution was number one. They were as follows:
The Legislature shall provide by law for the registry of all notes or bills authorized by general laws to be issued or put in circulation as money; and shall require ample security for the redemption of such notes in specie.
The counties of Barnstable
, Dukes
, Essex
, Hampshire
, Middlesex
, Nantucket, Norfolk
, Plymouth
, and Suffolk
rejected every proposal. On the other hand, the counties of Berkshire
, Franklin
, Hampden
, and Worcester
voted in favor of each proposal, with support strongest in Worcester County, which approved each question by a margin of around 13,000 to 7,500. Bristol County
was nearly evenly split on the questions, with proposals 1, 2, 4, 5, 7, and 8 carrying by margins of 31, 15, 74, 7, 54, and 35, respectively, while proposals 3 and 6 lost by 115 and 32 votes, respectively.
Amendments XIV through XIX have a clear "post-convention" character to them, having been adopted by the 1854 and 1855 Legislatures and approved by the people on May 23, 1855.
Amendments XXI and XXII also bear the stamp of the Convention's influence; they were adopted by the 1856 and 1857 Legislatures and approved by the people on May 1, 1857.
Finally, Amendment XXXIV, adopted by the 1891 and 1892 Legislatures and approved by the people on November 8, 1892, abolished the property requirement for Governors and Lieutenant Governors.
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
Constitutional Convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
of 1853 met in order to consider changes to the Massachusetts Constitution
Massachusetts Constitution
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the...
. This was the third such convention in Massachusetts history; the first, in 1779–80, had drawn up the original document, while the second, in 1820-21, submitted the first nine articles of amendment to a popular vote where all were approved. Since 1853, Massachusetts has had one subsequent Constitutional Convention, in 1917–18.
Background
George S. BoutwellGeorge S. Boutwell
George Sewall Boutwell was an American statesman who served as Secretary of the Treasury under President Ulysses S...
was inaugurated Governor
Governor of Massachusetts
The Governor of the Commonwealth of Massachusetts is the executive magistrate of the Commonwealth of Massachusetts, United States. The current governor is Democrat Deval Patrick.-Constitutional role:...
in January 1851. This "marked the beginning of a determined drive for the elimination of the 'inequalities' in the system of representation." A joint committee on representation of the Massachusetts General Court
Massachusetts General Court
The Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...
recommended an amendment giving smaller towns an unfair advantage over the larger ones, and it failed to reach the required two-thirds majority in the House
Massachusetts House of Representatives
The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the state legislature of the Commonwealth of Massachusetts. It is composed of 160 members elected from single-member electoral districts across the Commonwealth. Representatives serve two-year terms...
. However, the drive for reform persisted, and a Senate
Massachusetts Senate
The Massachusetts Senate is the upper house of the Massachusetts General Court, the bicameral state legislature of the Commonwealth of Massachusetts. The Senate comprises 40 elected members from 40 single-member senatorial districts in the state...
bill provided that the people be asked whether they wished for a constitutional convention. The bill passed, but on November 10, 1851 the idea of a convention was rejected by a vote of 65,846 against to 60,972 in favor.
Undeterred, the Legislature on May 7, 1852 passed “An Act relating to the calling a Convention of Delegates of the People, for the purpose of revising the Constitution". On November 8 of that year, the following question was answered in the affirmative by the voters:
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?
Delegates to the Convention were elected on March 7, 1853, with each town entitled to the same number of delegates as it had representatives in the Massachusetts House of Representatives.
The Convention
The Constitutional Convention met at 12 noon on Wednesday, May 4, 1853, at the State HouseMassachusetts State House
The Massachusetts State House, also known as the Massachusetts Statehouse or the "New" State House, is the state capitol and house of government of the Commonwealth of Massachusetts. It is located in Boston in the neighborhood Beacon Hill...
in Boston. There were around 420 delegates, though often substantially fewer were actually present for votes. For instance, on a vote taken in the session of July 28, regarding Proposition Number Five, only 165 members–less than half the full body–were present and voting.
There is no record of any oath having been used to swear in the members. Every delegate was male.
On the first day of the Convention, a President was elected. Of 394 votes cast, the winner, Nathaniel Prentice Banks
Nathaniel Prentice Banks
Nathaniel Prentice Banks was an American politician and soldier, served as the 24th Governor of Massachusetts, Speaker of the U.S. House of Representatives and as a Union general during the American Civil War....
, received 250. George N. Briggs
George N. Briggs
George Nixon Briggs was a member of the Whig Party and served seven-terms as the 19th Governor of the U.S. state of Massachusetts, serving from 1844 to 1851.-Early life and education:...
got 137 votes, with four others winning one vote each.
Also on the Convention's opening day, one man from each county was selected in order to sit on a committee to establish how best to proceed. They reported back two days later with a recommendation of standing committees. These were as follows:
| # | Name | Members |
|---|---|---|
| 1 | Standing Committee on so much of the Constitution as is contained in the Preamble and Declaration of Rights. | 13 |
| 2 | Standing Committee on so much of the Constitution as relates to the Frame of Government, Elections by the Legislature, &c. | 13 |
| 3 | Standing Committee on so much of the Constitution as relates to the Senate. | 21 |
| 4 | Standing Committee on so much of the Constitution as relates to the House of Representatives. | 21 |
| 5 | Standing Committee on so much of the Constitution as relates to the Governor, &c. | 13 |
| 6 | Standing Committee on so much of the Constitution as relates to the Militia, &c. | 13 |
| 7 | Standing Committee on so much of the Constitution as relates to the Lieutenant-Governor, &c. | 13 |
| 8 | Standing Committee on so much of the Constitution as relates to the Council, &c. | 13 |
| 9 | Standing Committee on so much of the Constitution as relates to the Secretary and Treasurer, and the Attorney-General, Solicitor-General, Sheriffs, Coroners, Registers of Probate, and Notaries Public, &c. | 13 |
| 10 | Standing Committee on so much of the Constitution as relates to the Judiciary, &c. | 13 |
| 11 | Standing Committee on so much of the Constitution as relates to the University at Cambridge Harvard University Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country... , &c. |
13 |
| 12 | Standing Committee on so much of the Constitution as relates to the Encouragement of Literature. | 13 |
| 13 | Standing Committee on so much of the Constitution as relates to Oaths and Subscriptions, Incompatibility and Exclusion from Office, Pecuniary Qualifications, &c. | 13 |
| 14 | Standing Committee on so much of the Constitution as relates to the Qualification of Voters, &c. | 13 |
| 15 | Standing Committee on so much of the Constitution as relates to Amendments and Enrolment. | 13 |
Additionally, during the course of its business, the Convention found it expedient to organize Committees on Vacancies; the Adoption of the Principle of Plurality in Elections; the Loan and Credit of the State; Banking Corporations; General Corporations; and on the Order of Business. Finally, although the Legislature had abandoned this device some years previous, the Convention met several times as a Committee of the Whole
Committee of the Whole
A Committee of the Whole is a device in which a legislative body or other deliberative assembly is considered one large committee. All members of the legislative body are members of such a committee...
; this allowed it to circumvent some of the cumbersome rules of procedure normally used and to quickly gauge the support of a particular measure. As for petitions, they "could be presented to the Convention only on introduction by a delegate."
Fifteen ministers
Minister of religion
In Christian churches, a minister is someone who is authorized by a church or religious organization to perform functions such as teaching of beliefs; leading services such as weddings, baptisms or funerals; or otherwise providing spiritual guidance to the community...
were in attendance; on the second day of the Convention, Rev. Warren Burton was elected chaplain
Chaplain
Traditionally, a chaplain is a minister in a specialized setting such as a priest, pastor, rabbi, or imam or lay representative of a religion attached to a secular institution such as a hospital, prison, military unit, police department, university, or private chapel...
from among these. Of 385 votes cast, he received 224, with Lyman Beecher
Lyman Beecher
Lyman Beecher was a Presbyterian minister, American Temperance Society co-founder and leader, and the father of 13 children, many of whom were noted leaders, including Harriet Beecher Stowe, Henry Ward Beecher, Charles Beecher, Edward Beecher, Isabella Beecher Hooker, Catharine Beecher, and Thomas...
garnering 129, James D. Farnsworth, 17, and the rest one or two votes apiece.
Other prominent attendees included Charles Sumner
Charles Sumner
Charles Sumner was an American politician and senator from Massachusetts. An academic lawyer and a powerful orator, Sumner was the leader of the antislavery forces in Massachusetts and a leader of the Radical Republicans in the United States Senate during the American Civil War and Reconstruction,...
, Henry Wilson
Henry Wilson
Henry Wilson was the 18th Vice President of the United States and a Senator from Massachusetts...
, Robert Rantoul, Jr.
Robert Rantoul, Jr.
Robert Rantoul, Jr. was an American politician from Massachusetts.He was born in Beverly, Massachusetts. He attended the common schools and Phillips Andover Academy and graduated from Harvard University in 1826...
, and George N. Briggs
George N. Briggs
George Nixon Briggs was a member of the Whig Party and served seven-terms as the 19th Governor of the U.S. state of Massachusetts, serving from 1844 to 1851.-Early life and education:...
.
The Convention came up with eight proposals, which are enumerated below. After 72 days of work, it adjourned sine die
Adjournment sine die
Adjournment sine die means "without assigning a day for a further meeting or hearing". To adjourn an assembly sine die is to adjourn it for an indefinite period...
on Tuesday, August 2, 1853, at 1:54 am. Before doing so, the Committee on the Pay Roll reported an expense figure of $
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
114,092 for the Convention.
Closing speech and proposals
At Convention's closing session, Mr. BoutwellGeorge S. Boutwell
George Sewall Boutwell was an American statesman who served as Secretary of the Treasury under President Ulysses S...
of Berlin
Berlin, Massachusetts
Berlin is a town in Worcester County, Massachusetts, United States. The population was 2,866 at the 2010 census.- History :Berlin was first settled in 1665 and was officially incorporated in 1812....
addressed a message to the people. He noted that
Up to that point, the Massachusetts Constitution had been amended 13 times, and some of those provisions had rendered parts of the document's original body inoperative. Boutwell asserted that “Constitutional laws should be plain, that they may be impartially interpreted and faithfully executed, ‘that every man may at all times find his security in them’".
Proposition Number One
Adopted by the Convention and to be submitted to the people for a vote was a new Constitution overhauling that of 1780. Boutwell enumerated its main points:- The Constitution of 1780 was to be preserved as the basis of a new Constitution, with changes incorporated.
- The General CourtMassachusetts General CourtThe Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...
would have a 100-day session, with members' pay fixed by standing laws. - The method of electing Senators was changed. Previously, each county had elected between one and six senators; now, 40 districts of equal population were to be drawn, with one Senator for each district.
- In the House of Representatives, the system of per-town representation kept, wherein each town, no matter how small, had at least one Representative. Boutwell said, “We do not claim that this system, separately considered, is precisely equal; but if it is in some degree favorable to the rural districts, the loss sustained by the large towns and cities is in a fair measure compensated by the manifest advantages accorded to them in the constitution of the Council and the Senate.”
- Realizing there was opposition to this, provision was made for the 1856 Legislature to present a district system to the people based on the results of the 1855 state census.
- No district could elect over three Representatives. “The election of many officers on a single general ticket, is not compatible with the freedom and purity of the representative system.”
- The property requirement for GovernorGovernor of MassachusettsThe Governor of the Commonwealth of Massachusetts is the executive magistrate of the Commonwealth of Massachusetts, United States. The current governor is Democrat Deval Patrick.-Constitutional role:...
and Lieutenant GovernorGovernor of MassachusettsThe Governor of the Commonwealth of Massachusetts is the executive magistrate of the Commonwealth of Massachusetts, United States. The current governor is Democrat Deval Patrick.-Constitutional role:...
was abolished. - The Massachusetts Governor's CouncilMassachusetts Governor's CouncilThe Massachusetts Governor's Council is a governmental body that provides advice and consent in certain matters such as judicial nominations, pardons, and commutations to the Governor of Massachusetts...
was now to be popularly elected in eight single-member districts and its records were to be made public. - The Attorney GeneralMassachusetts Attorney GeneralThe Massachusetts Attorney General is an elected executive officer of the Massachusetts Government. The office of Attorney-General was abolished in 1843 and re-established in 1849. The current Attorney General is Martha Coakley....
, Secretary of the CommonwealthMassachusetts Secretary of the CommonwealthThe Massachusetts Secretary of the Commonwealth is the principal public information officer of the state government of the U.S...
, AuditorMassachusetts AuditorThe Massachusetts State Auditor is a statewide elected office in the Commonwealth of Massachusetts. The current auditor is Suzanne Bump.-List of state auditors of Massachusetts:-External links:*...
, and TreasurerTreasurer and Receiver-General of MassachusettsThe Treasurer and Receiver-General of Massachusetts is an executive officer, elected state-wide every four years....
, then appointed by the Governor or chosen by the Legislature, were to be elected annually. Judges and registers of probate, sheriffs, clerks of courts, commissioners of insolvency, and District Attorneys, all appointed by the executive or the courts at the time, were to be popularly elected for 3-year terms. - Justices of the Massachusetts Supreme Judicial CourtMassachusetts Supreme Judicial CourtThe Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
and the Court of Common Pleas were hereafter to be appointed to 10-year terms. - The procedure for removing judges was streamlined.
- Justices of the peaceJustice of the PeaceA justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
with chiefly ministerial duties were to be appointed by the Governor and Council; those with judicial authority were to be elected for 3-year terms. - The property qualification for voting was entirely abolished.
- The secret ballotSecret ballotThe secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...
was enshrined in the Constitution. - Previously, if no candidate attained a majority of votes, a subsequent runoff election would be held. Now, candidates having the highest number of votes would be deemed elected, even without a majority, in county and district elections.
- However, if candidates for Governor, Lieutenant Governor, Secretary of the Commonwealth, Attorney General, Treasurer, or Auditor failed to receive a majority, the election would be referred to the General Court. For General Court representatives and town officers, runoff elections were to be held if no majority were obtained on the first ballot. Provision was made that if the public demanded plurality voting, the Legislature may introduce it.
- Provisions regarding the State Militia were revised.
- Changes were proposed concerning the UniversityHarvard UniversityHarvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
at Cambridge (Harvard), then a public institution: the General Court was instructed to provide means for the enlargement of the School Fund to no less than $2 million. - Provision was made for periodical Constitutional Conventions (every 20 years) not subject to or restricted by previous or subsequent acts of the Legislature.
Additionally, and this was not mentioned by Boutwell, the Constitution provided that the Tuesday after the first Monday in November was to be the State election day, so as to align with the Congressional election day.
Boutwell closed by calling the adoption or revision of a constitution “an epoch in the history of a free people,” stating that “We have no doubt that your decision will…under Divine Providence,…render more and more illustrious our ancient Commonwealth.”
In addition to the new constitution, seven distinct amendments were proposed, numbered two through eight, as the constitution was number one. They were as follows:
Proposition Number Two
The writ of habeas corpus shall be granted as of right in all cases in which a discretion is not especially conferred upon the court by the Legislature; but the Legislature may prescribe forms of proceeding preliminary to the obtaining of the writ.Proposition Number Three
In all trials for criminal offences, the jury, after having received the instruction of the court, shall have the right, in their verdict of guilty or not guilty, to determine the law and the facts of the case, but it shall be the duty of the court to superintend the course of the trials, to decide upon the admission and rejection of evidence, and upon all questions of law raised during the trials, and upon all collateral and incidental proceedings; and also to allow bills of exceptions. And the court may grant a new trial in case of conviction.Proposition Number Four
Every person having a claim against the Commonwealth, ought to have a judicial remedy therefor.Proposition Number Five
No person shall be imprisoned for any debt hereafter contracted, unless in cases of fraud.Proposition Number Six
All moneys raised by taxation in the towns and cities, for the support of public schools, and all moneys which may be appropriated by the State for the support of common schools, shall be supplied to and expended in no other schools than those which are conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is to be expended; and such moneys shall never be appropriated to any religious sect, for the maintenance, exclusively, of its own schools.Proposition Number Seven
The Legislature shall not create corporations by special act, when the object of the incorporation is attainable by general laws.Proposition Number Eight
The Legislature shall have no power to pass any act granting any special charter for banking purposes, or any special act to increase the capital stock of any chartered bank; but corporations may be formed for such purposes, or the capital stock of chartered banks may be increased, under general laws.The Legislature shall provide by law for the registry of all notes or bills authorized by general laws to be issued or put in circulation as money; and shall require ample security for the redemption of such notes in specie.
Results
On November 11, 1853, the proposals of the Constitutional Convention were placed before the voters. Every single one, including the new Constitution, went down in defeat. The results for individual questions are shown below.| Voted Yes | Percent Yes | Voted No | Percent No |
|---|---|---|---|
| 63,222 | 48.1 | 68,150 | 51.9 |
| Voted Yes | Percent Yes | Voted No | Percent No |
|---|---|---|---|
| 63,382 | 48.6 | 67,006 | 51.4 |
| Voted Yes | Percent Yes | Voted No | Percent No |
|---|---|---|---|
| 61,699 | 47.4 | 68,382 | 52.6 |
| Voted Yes | Percent Yes | Voted No | Percent No |
|---|---|---|---|
| 63,805 | 48.9 | 66,828 | 51.1 |
| Voted Yes | Percent Yes | Voted No | Percent No |
|---|---|---|---|
| 64,015 | 49.1 | 66,432 | 50.9 |
| Voted Yes | Percent Yes | Voted No | Percent No |
|---|---|---|---|
| 65,111 | 49.85 | 65,512 | 50.15 |
| Voted Yes | Percent Yes | Voted No | Percent No |
|---|---|---|---|
| 63,246 | 48.6 | 67,011 | 51.4 |
| Voted Yes | Percent Yes | Voted No | Percent No |
|---|---|---|---|
| 63,412 | 48.6 | 67,109 | 51.4 |
The counties of Barnstable
Barnstable County, Massachusetts
Barnstable County is a county located in the U.S. state of Massachusetts, consisting of Cape Cod and associated islands. As of the 2010 census, the population was 216,902...
, Dukes
Dukes County, Massachusetts
-Demographics:As of the census of 2000, there were 14,987 people, 6,421 households, and 3,788 families residing in the county. The population density was 144 people per square mile . There were 14,836 housing units at an average density of 143 per square mile...
, Essex
Essex County, Massachusetts
-National protected areas:* Parker River National Wildlife Refuge* Salem Maritime National Historic Site* Saugus Iron Works National Historic Site* Thacher Island National Wildlife Refuge-Demographics:...
, Hampshire
Hampshire County, Massachusetts
-Demographics:As of the census of 2000, there were 152,251 people, 55,991 households, and 33,818 families residing in the county. The population density was 288 people per square mile . There were 58,644 housing units at an average density of 111 per square mile...
, Middlesex
Middlesex County, Massachusetts
-National protected areas:* Assabet River National Wildlife Refuge* Great Meadows National Wildlife Refuge* Longfellow National Historic Site* Lowell National Historical Park* Minute Man National Historical Park* Oxbow National Wildlife Refuge...
, Nantucket, Norfolk
Norfolk County, Massachusetts
-National protected areas:* Adams National Historical Park* Boston Harbor Islands National Recreation Area * Frederick Law Olmsted National Historic Site* John Fitzgerald Kennedy National Historic Site-Demographics:...
, Plymouth
Plymouth County, Massachusetts
Plymouth County is a county located in the U.S. state of Massachusetts. As of 2010, the population was 494,919. Its county seats are Plymouth and Brockton...
, and Suffolk
Suffolk County, Massachusetts
Suffolk County has no land border with Plymouth County to its southeast, but the two counties share a water boundary in the middle of Massachusetts Bay.-National protected areas:*Boston African American National Historic Site...
rejected every proposal. On the other hand, the counties of Berkshire
Berkshire County, Massachusetts
Berkshire County is a non-governmental county located on the western edge of the U.S. state of Massachusetts. As of the 2010 census, the population was 131,219. Its largest city and traditional county seat is Pittsfield...
, Franklin
Franklin County, Massachusetts
-Demographics:As of the census of 2000, there were 71,535 people, 29,466 households, and 18,416 families residing in the county. The population density was 102 people per square mile . There were 31,939 housing units at an average density of 46 per square mile...
, Hampden
Hampden County, Massachusetts
-Demographics:As of the census of 2004, there were 461,228 people, 175,288 households, and 115,690 families residing in the county. The population density was 738 people per square mile . There were 185,876 housing units at an average density of 301 per square mile...
, and Worcester
Worcester County, Massachusetts
-Demographics:In 1990 Worcester County had a population of 709,705.As of the census of 2000, there were 750,963 people, 283,927 households, and 192,502 families residing in the county. The population density was 496 people per square mile . There were 298,159 housing units at an average density...
voted in favor of each proposal, with support strongest in Worcester County, which approved each question by a margin of around 13,000 to 7,500. Bristol County
Bristol County, Massachusetts
-Demographics:As of the census of 2000, there were 534,678 people, 205,411 households, and 140,706 families residing in the county. The population density was 962 people per square mile . There were 216,918 housing units at an average density of 390 per square mile...
was nearly evenly split on the questions, with proposals 1, 2, 4, 5, 7, and 8 carrying by margins of 31, 15, 74, 7, 54, and 35, respectively, while proposals 3 and 6 lost by 115 and 32 votes, respectively.
Analysis of the defeat
Had the Convention submitted its proposed changes as individual amendments, "undoubtedly it would have proved a success," as evidenced by the adoption of most of its proposals as amendments in the coming years. The trouble was that it "did not know where to begin and where to end." On the one hand, it left the House of Representatives elected by the same method as before, and representation, since 1780 a contentious issue, "had been the real cause for the convocation of the convention." On the other hand, it took the radical step of reducing judges' terms from life to ten years for the SJC and Court of Common Pleas and three years for probate judges. This change "was too much; it brought down a veritable storm of excoriation upon the convention and its work, and resulted in the flat rejection of the whole."Partial vindication
Although its ambitious proposals were all rejected, the Convention's work was not for nothing. A series of constitutional amendments passed over the next few years incorporated many of the same changes into the Constitution.Amendments XIV through XIX have a clear "post-convention" character to them, having been adopted by the 1854 and 1855 Legislatures and approved by the people on May 23, 1855.
- Amendment XIV provided for plurality voting for all civil officers of the State. This ensured that the situation occurring in 1850, where the Legislature decided the gubernatorial election, would not be repeated.
- Amendment XV provided that state elections be held on the Tuesday after the first Monday in November, harmonizing with Federal elections.
- Amendment XVI enacted reform of the Governor's Council, now to be popularly elected in eight single-member districts.
- Amendment XVII provided for popular election of the Secretary of the Commonwealth, Treasurer, Auditor, and Attorney General.
- Amendment XVIII prohibited state funding of sectarian schools. Voted on as Proposition Number Six in 1853, this was the proposal of the Convention that came closest to passing that year, which is unsurprising given the strength of the Know NothingKnow NothingThe Know Nothing was a movement by the nativist American political faction of the 1840s and 1850s. It was empowered by popular fears that the country was being overwhelmed by German and Irish Catholic immigrants, who were often regarded as hostile to Anglo-Saxon Protestant values and controlled by...
movement in Massachusetts at the time. - Amendment XIX provided for the popular election of sheriffs, registers of probate, clerks of the courts, and District Attorneys, but not judges.
Amendments XXI and XXII also bear the stamp of the Convention's influence; they were adopted by the 1856 and 1857 Legislatures and approved by the people on May 1, 1857.
- Amendment XXI finally fixed the size of the House of Representatives at 240 and abolished the per-town apportionment that had been so problematic. While this was not part of the Convention's package of proposals, it was the Convention that "gave the people a well-defined program of construction for matters which required change”; it was from this new spirit of reform harnessed by the Convention that Amendment XXI emerged.
- Amendment XXII reformed the Senate, transforming it from a house whose representation was based on wealth and land to one whose members were drawn from 40 districts of equal population and who did not have property qualifications.
Finally, Amendment XXXIV, adopted by the 1891 and 1892 Legislatures and approved by the people on November 8, 1892, abolished the property requirement for Governors and Lieutenant Governors.