II.

MR. PRESIDENT,--Such is what I have to say on the history and

principles of the Representative System, particularly in the light of

American institutions; and this brings me to the _practical question_

at this moment. I cannot doubt that the District System, as it is

generally called, whereby the representative power will be distributed

in just proportion, according to the Rule of Three, among the voters

of the Commonwealth, is the true system, destined at no distant day

to prevail. And gladly would I see this Convention hasten the day

by presenting it to the people for adoption in the organic law. To

this end I have striven by my votes. But, Sir, I cannot forget what

has passed. The votes already taken show that the Convention is not

prepared for this radical change; and I am assured by gentlemen more

familiar with public sentiment than I can pretend to be, that the

people are not yet prepared for it.

Thus we are brought to the position occupied successively by the

Conventions of 1780 and 1820, each of which, though containing warm

partisans of the District System, shrank from its adoption--as in

Virginia, the early recommendation of Jefferson, and his vehement

support at a later day, have been powerless to produce this important

amendment. John Lowell, who appeared at the bar of the Massachusetts

Legislature in 1776 to vindicate the principle of equality in

representation, and Theophilus Parsons, author of the powerful tract

which proposed to found the Representative System on the Rule of Three,

were both members of the first Convention,--and I know not if the

District System has since had any abler defenders. To these I might

add the great name of John Adams, who early pleaded for equality of

representation, and declared, in words adopted by the Essex Convention,

that the Representative Assembly should be "an exact portrait in

miniature of the people at large."[20] In the Convention of 1820, the

District System was cherished and openly extolled by a distinguished

jurist, at that time a Justice of the Supreme Court of the United

States,--Joseph Story,--whose present fame gives additional importance

to his opinions. And yet the desire of these men failed. The corporate

representation of towns was preserved, and the District System

pronounced impracticable. In the Address put forth by the Convention of

1780, and signed by its President, James Bowdoin, these words may be

found:--

[20] Thoughts on Government: Works, Vol. IV. pp. 195, 205. Essex

Result, p. 29.

"You will observe that we have resolved that representation ought

to be founded on the principle of Equality; but it cannot be

understood thereby that each town in the Commonwealth shall have

weight and importance in a just proportion to its numbers and

property. An exact representation would be unpracticable, even

in a system of government arising from the state of Nature, and

much more so in a State already divided into nearly three hundred

corporations."[21]

[21] Journal of the Convention, p. 219.

The Convention seem to have recognized the theoretic fitness of

an "exact representation," but did not regard it as feasible in a

State already divided into nearly three hundred corporations. In the

Convention of 1820, Joseph Story, who has been quoted by my eloquent

friend [Mr. CHOATE], used language which, though not so strong

as that of the early Address, has the same result.

"In the Select Committee, I was in favor of a plan of

representation in the House founded on population, as the most just

and equal in its operation. I still retain that opinion. There

were serious objections against this system, and it was believed

by others that the towns could not be brought to consent to yield

up the corporate privileges of representation, which had been

enjoyed so long, and were so intimately connected with their pride

and their interests. I felt constrained, therefore, with great

reluctance, to yield up a favorite plan. I have lived long enough

to know, that, in any question of government, something is to be

yielded up on all sides. Conciliation and compromise lie at the

origin of every free government; and the question never was and

never can be, what is absolutely best, but what is relatively wise,

just, and expedient. I have not hesitated, therefore, to support

the plan of the Select Committee, as one that, on the whole, was

the best that, under existing circumstances, could be obtained."[22]

[22] Debates, etc., in the Convention to revise the Constitution of

Massachusetts, 1820-21, p. 136 _c._ Story's Miscellaneous Writings,

p. 518.

Sir, I am not insensible to these considerations, or to the authority

of these examples. A division of the State into districts would be a

change, in conformity with abstract principles, which would interfere

with existing opinions, habitudes, and prejudices of the towns, all of

which must be respected. A change so important in character cannot be

advantageously made, unless supported by the permanent feelings and

convictions of the people. Institutions are formed _from within_, not

_from without_. They spring from custom and popular faith, silently

operating with internal power, not from the imposed will of a lawgiver.

And our present duty here, at least on this question, may be in some

measure satisfied, if we aid this growth.

Two great schools of jurisprudence for a while divided the learned mind

of Germany,--one known as the Historic, the other as the Didactic. The

question between them was similar to that now before the Convention.

The first regarded all laws and institutions as the growth of custom,

under constant influences of history; the other insisted upon positive

legislation, giving to them a form in conformity with abstract reason.

It is clear that both were in a measure right. No lawgiver or statesman

can disregard either history or abstract reason. He must contemplate

both. He will faithfully study the Past, and will recognize its

treasures and traditions; but, with equal fidelity, he will set his

face towards the Future, where all institutions will at last be in

harmony with truth.

I have been encouraged to believe in the practicability of the District

System by its conformity with reason, and by seeing how naturally

it went into operation under the Constitution of the United States.

But there is a difference between that case and the present. A new

Government was then founded, with new powers, applicable to a broad

expanse of country; but the Constitution of Massachusetts was little

more than a continuation of preëxisting usages and institutions, with

all dependence upon royalty removed. This distinction may help us now.

If the country were absolutely new, without embarrassment from existing

corporate rights,--_claims_ I would rather call them,--it might easily

be arranged according to the most approved theory, as Philadelphia is

said to have been originally laid out on the model of the German city

which its great founder had seen in his travels.[23] But to bring our

existing system into symmetry, and to lay it out anew, would seem to

be a task--at least I am reluctantly led to this conclusion by what I

have heard here--not unlike that of rebuilding Boston, and of shaping

its compact mass of crooked streets into the regular rectangular forms

of the city of Penn. And yet this is not impossible. With each day, by

demolishing ancient houses and widening ancient ways, changes are made

which tend to this result.

[23] Julius, Nordamerikas Sittliche Zustände, Band I. p. 92.

Sir, we must recognize the existing condition of things, remedy all

practical grievances so far as possible, and set our faces towards the

true system. We must act in the Present, but be mindful also of the

Future. There are proper occasions for compromise, as most certainly

there are rights beyond compromise. But the Representative System is an

expedient or device for ascertaining the popular will, and, though well

satisfied that this can be best founded on numbers, I would not venture

to say, in the present light of political science, that the right of

each man to an equal representation, according to the Rule of Three,

and without regard to existing institutions or controlling usages, is

of that inherent and lofty character--like the God-given right to life

or liberty--which admits of no compromise.

* * * * *

Several grievances exist, which will be removed by the proposed

amendments. There is one which I had hoped would disappear, but which

is the necessary incident of corporate representation: I mean the

unwieldy size of the House.

It is generally said that a small body is more open to bribery and

corruption than a large body; but, on the other hand, I have heard

it asserted that the larger is more exposed than the smaller. I put

this consideration aside. My objection to a large House is, that it is

inconvenient for the despatch of public business. There is a famous

saying of Cardinal de Retz, that every assembly of more than one

hundred is a mob; and Lord Chesterfield applied the same term to the

British House of Commons. At the present time that body has nominally

six hundred and fifty-four members. It is called by Lord Brougham

"preposterously large"; but a quorum for business is forty only; and

it is only on rare occasions of political importance that its benches

are completely occupied. The House of Lords, nominally, has four

hundred and fifty-nine members; but a quorum in this body consists of

three only;[24] and much of its business is transacted in a very thin

attendance.

[24] According to the old rule, _Tres faciunt collegium._

The experience of Congress, as also of other States, points to a

reduction of our present number. Indeed, for many years this was

a general desire through the State. In the earliest Colonial days

every town was allowed three deputies; but in five years the number,

on reaching thirty-three, was reduced to two for each.[25] At a

later day, in 1694, a great contest in the House was decided by a

vote of twenty-six against twenty-four.[26] In the agitating period

between 1762 and 1773, covering the controversies which heralded the

Revolution, the House consisted, on an average, of one hundred and

twenty members; and only on one occasion the magnitude of the interest

is reported by Hutchinson to have drawn together so many as one hundred

and thirteen. At the last session of the Provincial Legislature, in

May, 1774, when the Revolutionary conflict was at hand, the complete

returns of the Journal show one hundred and forty. In 1776 there

was a House of three hundred and five; but this "enormous and very

unwieldy size," according to the language of the time, was assigned

as a reason for a new Constitution. I regret that we cannot profit by

this experience. A House of two hundred and fifty, or, since we are

accustomed to large congregations,[27] of three hundred at most, would

be an improvement on the present system.

[25] Records of the Governor and Company of the Massachusetts Bay,

Vol. I. pp. 118, 250, 254.

[26] Hutchinson, History of Massachusetts, Vol. II. p. 77.

[27] The House for many years numbered upwards of five hundred

members,--in 1835, '36, and '37 swelling to the truly "enormous and

unwieldy size" of 615, 619, and 635; and even under the greatly

reduced apportionment established by the Amendment of 1840, the

numbers in the two years (1851 and 1852) preceding the present

Convention were no less than 396 and 402. See Gifford and Stowe's

Manual for the General Court, (Boston, 1860,) p. 130.

There are two proposed improvements which I hail with satisfaction:

one relates to the small towns, and the other to the cities. The small

towns will have a more constant representation; and this of itself is

an approach to the true principle of representation, which should be

constant as well as equal. The cities will be divided into districts,

and this I regard of twofold importance: first, as the beginning of a

true system; and, secondly, as reducing the power which the cities, by

the large number of their representatives, chosen by general ticket,

now exercise.

A respected gentleman, now in my eye, has reminded me that in boyhood

his attention was arrested in this House by what was called "the Boston

seat," reserved exclusively for the Boston members, who sat together

on cushions, while other members were left to such accommodation as

they could find on bare benches. This discrimination ceased long

ago. But it seems to me that this reserved and cushioned seat is

typical of another discrimination, which Boston, in common with the

cities, still enjoys. Sir, in voting for forty-four representatives,

the elector in Boston exercises a representative power far exceeding

that of electors in the country; and the majority which rules Boston

and determines the whole delegation exercises a representative power

transcending far that of any similar number in the Commonwealth. This

is apparent on the bare statement, as forty-four sticks are stronger in

one compact bundle than when single or in small parcels. Thus, while

other counties are divided, the delegation from Boston is united. In

all political contests, it is like the well-knit Macedonian phalanx, or

the iron front of the Roman legion, in comparison with the disconnected

individual warriors against whom they were engaged. This abuse will be

removed; and here is the beginning, I had almost said the inauguration,

of a true electoral equality in our Commonwealth.

And now, in conclusion, while thanking gentlemen for the kind attention

with which they have honored me, let me express briefly the result to

which I have come. I have openly declared my convictions with regard

to the District System, and in accordance with these have recorded my

votes in this Convention. These votes, which reveal my inmost desires

on this matter, I would not change. But the question is not now between

the District System, which I covet so much for Massachusetts, and the

proposed amendments, but between these amendments and the existing

system. On this issue I decide without hesitation. I shall vote, Sir,

for the propositions of amendment before the Convention, should they

come to a question on their final passage, not because they are all

that I desire, not because they satisfy the requirement of principles

which I cannot deny, not because they constitute a permanent adjustment

of this difficult question, but because they are the best which I can

now obtain, because they reform grievances of the existing system, and

because they begin a change which can end only in the establishment of

a Representative System founded in reality, as in name, on _Equality_.

Their adoption will be the triumph of conciliation and harmony,

and will furnish new testimony to the well-tempered spirit of our

institutions, where

"jarring interests, reconciled, create

The according music of a well-mixed State."

BILLS OF RIGHTS: THEIR HISTORY AND

POLICY.

SPEECH ON THE REPORT FROM THE COMMITTEE ON THE BILL OF RIGHTS,

IN THE CONVENTION TO REVISE AND AMEND THE CONSTITUTION OF

MASSACHUSETTS, JULY 25, 1853.

As Chairman of the Committee on the Bill of Rights, Mr. Sumner

submitted a Report, on which, in Committee of the Whole, he spoke as

follows.

Mr. Chairman,--As Chairman of the Committee on the Preamble and Bill of

Rights, it is my duty to introduce and explain their Report. It will

be perceived that it is brief, and proposes no important changes. But

in justice to the distinguished gentlemen with whom I have the honor

of being associated on that Committee, I deem it my duty to suggest

that the extent of their labors must not be judged by this result.

It appears from the proceedings of the Convention of 1820, that the

Committee on the Bill of Rights at that time sat longer than any other

Committee. I believe that the same Committee in the present Convention

might claim the same preëminence. Their records show twenty different

sessions.

At these sessions, the Preamble and the Bill of Rights, in its thirty

different propositions, were passed in review and considered clause by

clause; the various orders of the Convention, amounting to twelve in

number, the petitions addressed to the Convention and referred to the

Committee, as also informal propositions from members of the Convention

and others were considered, some of them repeatedly and at length.

On many questions there was a decided difference of opinion, and on

a few the Committee was nearly equally divided. But after the best

consideration we could bestow in our protracted series of meetings, it

was found that the few simple propositions now on your table were all

upon which a majority of the Committee could be brought to unite. As

such I was directed to present them. Admonished by the lapse of time

and the desire to close these proceedings, I might be content with this

simple statement.

But, notwithstanding the urgency of our business, I cannot allow

the opportunity to pass--indeed, I should not do my duty--without

attempting for a brief moment to show the origin and character of this

part of our Constitution. In this way we may learn its weight and

authority, and appreciate the difficulty and delicacy of any change in

its substance or even its form. I will try not to abuse your patience.

* * * * *

The Preamble and Bill of Rights, like the rest of our Constitution,

were from the pen of John Adams,--among whose published works the

whole document, in its original draught, may be found. At the time

when he rendered this important service to his native Commonwealth and

to the principles of free institutions everywhere, he was forty-four

years of age. He was also quite prepared. The natural maturity of his

powers had been enriched by the well-ripened fruit of assiduous study

and of active life, both of which concurred in him. The examples of

Greece and Rome and the writings of Sidney and Locke were especially

familiar to his mind. The Common Law he had made his own, and mastered

well its whole arsenal of Freedom. For a long time the vigorous and

unfailing partisan of the liberal cause in Boston, throughout its

many conflicts,--then in Congress, whither he was transferred, the

irresistible champion of Independence,--and then the republican

representative of the United, but still struggling, Colonies at the

Court of France,--in the brief interval between two foreign missions,

only seven days after landing from his long ocean voyage, he was chosen

a delegate to the Constitutional Convention, and at once brought all

his varied experience, rare political culture, and eminent powers to

the task of adjusting the framework of government for Massachusetts. As

his work, it all claims our regard; and no part bears the imprint of

his mind so much as the Preamble and Bill of Rights; nor is any other

part authenticated as coming so exclusively from him.

At the time of its first adoption the Massachusetts Bill of Rights

was more ample in provisions and more complete in form than any

similar declaration in English or Colonial history. Glancing at its

predecessors, we learn something of its sources. First came, long back

in the thirteenth century, Magna Charta, with generous safeguards of

Freedom, wrung from King John by the Barons at Runnymede. From time

to time these liberties were confirmed, and, after an interval of

centuries, they were again ratified, near the beginning of the unhappy

reign of Charles the First, by a Parliamentary Declaration, to which

the monarch assented, known as the Petition of Right, which, in its

very title, reveals the humility with which the rights of the people

were then maintained. Finally, in a different tone and language, at

the Revolution of 1688, when James the Second was driven from his

dominions, a "Declaration of the true, ancient, and indubitable rights

and liberties of the people of the kingdom," familiarly known as the

Bill of Rights, was delivered by the Convention Parliament to the new

sovereigns, William and Mary, and embodied in the Act of Settlement,

by virtue of which they sat on the throne. These, Sir, are English

examples.

Their influence was not confined to England. It crossed the ocean. From

the beginning the Colonists were tenacious of the rights and liberties

of Englishmen, and at various times and in various forms declared them.

Connecticut, as early as 1639, Virginia in 1624 and 1776, Pennsylvania

in 1682, New York in 1691,--and I might mention others still,--put

forth Declarations, brief and meagre, but kindred to those of the

mother country. In the Colony of New Plymouth, the essential principles

of Magna Charta were proclaimed in 1636, under the name of "The General

Fundamentals"; and in 1641 the inhabitants of Massachusetts Bay

announced, in words worthy of careful study, that "the free fruition of

such Liberties, Immunities, and Privileges, as Humanity, Civility, and

Christianity call for, as due to every man in his place and proportion,

without impeachment and infringement, hath ever been and ever will

be the tranquillity and stability of Churches and Commonwealths, and

the denial or deprival thereof the disturbance, if not the ruin, of

both."[28] Such was the Preamble to the "Body of Liberties" of the

Massachusetts Colony in 1641. It would be difficult to find any text

more comprehensive than these remarkable words,--the object being

"Liberties, Immunities, and Privileges," to such extent "as Humanity,

Civility, and Christianity call for"; and this Declaration, broader

than Magna Charta, became the inspiration of Massachusetts, if not

of the Nation. Nor does Massachusetts stand alone in this honor.

Connecticut is by her side.[29]

[28] Preamble to the Body of Liberties of the Massachusetts Colony,

1641: Coll. Mass. Hist. Soc., 3d Ser. Vol. VIII. p. 216. See also

General Laws and Liberties of the Massachusetts Colony, revised and

reprinted by Order of the General Court, 1672, p. 1.

[29] The Preamble in combination with the first Article of the

Massachusetts Body of Liberties was adopted as the Preamble to

the Connecticut Code of 1650. See Public Records of the Colony of

Connecticut, edited by J. H. Trumbull, (Hartford, 1850,) p. 509;

and compare with Coll. Mass. Hist. Soc., _ut supra_.

I should not do justice to this "Body of Liberties," if I did not call

attention to at least four different declarations. There is, first,

the clause: "There shall never be any bond slavery, villenage, or

captivity amongst us, unless it be lawful captives taken in just wars,

and such strangers as willingly sell themselves or are sold to us"; and

although this provision falls short of that universal freedom which

is our present aspiration, it is a plain limitation upon Slavery, and

marks the hostility of the Colony. Another declaration sets an example

of hospitality: "If any people of other nations, professing the true

Christian religion, shall flee to us from the tyranny or oppression

of their persecutors, or from famine, wars, or the like necessary

and compulsory cause, they shall be entertained and succored amongst

us according to that power and prudence God shall give us." And it

is further declared: "Every person within this jurisdiction, whether

inhabitant or foreigner, shall enjoy the same Justice and Law that

is general for the Plantation, which we constitute and execute one

towards another, without partiality or delay." Here is nothing less

than Equality before the Law, without this compendious term. There is

another declaration, which has the same exalted character: "Every man,

whether inhabitant or foreigner, free or not free, shall have liberty

to come to any public Court, Council, or Town Meeting, and either

by speech or writing to move any lawful, seasonable, and material

question, or to present any necessary motion, complaint, petition,

bill, or information, whereof that meeting hath proper cognizance, so

it be done in convenient time, due order, and respective manner." Such

declarations as these belong to the history of Freedom.

In the animated discussions immediately preceding the Revolution,

the rights and liberties of Englishmen were constantly asserted as

the birthright of the Colonists. This was often by formal resolution

or declaration, couched at first in moderate phrase. At the outrage

of the Stamp Act, a Congress of delegates from nine Colonies, held

at New York in October, 1765, put forth a series of resolutions

embodying "_Declarations of our humble opinion_ respecting the most

essential rights and liberties of the Colonists."[30] The humility

of this language recalls the English Petition of Right under Charles

the First. This was followed in 1774 by the Declaration of the

Continental Congress, which, in another tone and with admirable force,

in ten different propositions, arrays the rights which belong to "the

inhabitants of the English Colonies in North America, by the immutable

Laws of Nature, the Principles of the English Constitution, and the

several Charters or Compacts."[31]

[30] Proceedings of the Congress at New York, p. 5. Hutchinson's

History of Massachusetts, Vol. III., Appendix, p. 479.

[31] Journals of Congress, October 14, 1774, Vol. I. p. 28.

"Time's noblest offspring is the last";

and the whole Colonial series is aptly closed by the Declaration of

Independence, announcing not merely the rights of Englishmen, but the

rights of men.

Only a few brief weeks before the Declaration of Independence,

Virginia, taking the lead of her sister Colonies, established a

Constitution, to which was prefixed an elaborate Declaration of Rights.

This remarkable document, which became the immediate precedent for

the whole country, marks an epoch in political history. Massachusetts

and Connecticut had already led the way in that early and most

comprehensive Preamble, which has been too little noticed; but in

all English Declarations of Rights, and generally even in those of

the Colonies, stress was laid upon the liberties and privileges of

Englishmen. The rights claimed even by the Continental Congress of

1774, in their masculine Declaration, were the rights of "free and

natural-born subjects within the realm of England." But the Virginia

Bill of Rights, standing at the front of its first Constitution,

discarded all narrow title from mere English precedent, planted

itself on the eternal law of God, above every human ordinance, and

openly proclaimed that "all men are by nature equally free and

independent,"--a declaration which is repeated, though in other

language, by the Massachusetts Declaration of Rights.

* * * * *

The policy of Bills of Rights is sometimes called in question. It has

been said that they were originally privileges or concessions extorted

from the king, and, though expedient in a monarchy, are of little

value in a republic. As late as 1821, in the Convention for revising

the Constitution of New York, doubts of their utility were openly

expressed by Mr. Van Buren. But they are now above question. State

after State, ending with California, follows the example of Virginia

and Massachusetts, and places its Bill of Rights in the front of its

Constitution. Nor can I doubt that much good is done by this frank

assertion of fundamental principles. The public mind is instructed,

people learn to know their rights, liberal institutions are confirmed,

and the Constitution is made stable in the hearts of the community.

Bills of Rights are lessons of political wisdom and anchors of liberty.

They are the constant index, and also scourge, of injustice and wrong.

In Massachusetts, Slavery itself disappeared before the declaration

that "all men are born free and equal," interpreted by a liberty-loving

Court.[32]

[32] See, on this subject, a paper entitled "The Extinction of

Slavery in Massachusetts," by Emory Washburn: Coll. Mass. Hist.

Soc., 4th Ser. Vol. IV. pp. 333-346.

* * * * *

In the Convention of 1780 the Bill of Rights formed a prominent subject

of interest. The necessity of such a safeguard had been pressed

upon the people, and its absence from the Constitution of 1778 was

unquestionably a reason for the rejection of that ill-fated effort.

Indeed, the Constitution was openly opposed because it had no Bill of

Rights. In the array of objections at the period was the following,

which I take from an important contemporaneous publication: "That

a Bill of Rights, clearly ascertaining and defining the rights of

conscience and that security of person and property which every member

in the State hath a right to expect from the supreme power thereof,

ought to be settled and established previous to the ratification of any

Constitution for the State."[33] Accordingly, at the earliest moment

after the organization of the Convention, a motion was made, "that

there be a Declaration of Rights prepared previous to the framing a new

Constitution of Government," which after adoption gave way to another,

"that the Convention _will prepare_ a Declaration of Rights," and this

motion prevailed by a nearly unanimous vote,--the whole number present,

as returned by the monitors, being two hundred and fifty-one, of whom

two hundred and fifty voted in the affirmative.[34] Thus emphatically

did the early fathers of Massachusetts manifest their watchfulness for

the rights of the people; and there is good reason to believe, also,

that among the motives which stimulated it was a determination in this

way to abolish Slavery.[35] The Convention then resolved to "proceed

to the framing a new Constitution of Government." A grand Committee

of thirty was chosen to perform these two important duties; and this

Committee, after extended discussion, intrusted to John Adams alone

the preparation of a Declaration of Rights, and to a Sub-Committee,

consisting of James Bowdoin, Samuel Adams, and John Adams, the

duty of preparing the Form of a Constitution, which Sub-Committee

again delegated the task to John Adams: so that to the pen of this

illustrious citizen we are indebted primarily both for the Declaration

of Rights and the Form of the Constitution.[36]

[33] Essex Result, p. 4.

[34] Journal of the Convention, pp. 22, 23.

[35] This was the testimony of the late Rev. Charles Lowell, who

had received it from his father, Hon. John Lowell, a member of

the Convention, in whose family was a tradition that the latter

obtained the insertion of the words "all men are born free and

equal," for this declared purpose. See, _ut supra_, Coll. Mass.

Hist. Soc., 4th Ser. Vol. IV. p. 340.

[36] Observations on the Reconstruction of Government in

Massachusetts during the Revolution: Works of John Adams, Vol. IV.

pp. 215, 216.

It is not difficult to trace most, if not all, of the ideas and

provisions of our Preamble and Declaration of Rights to their primitive

sources. The Preamble, where the body politic is founded on the fiction

of the Social Compact, was doubtless inspired by the writings of

Sidney and Locke, and by the English discussions at the period of the

Revolution of 1688, when this questionable theory did good service

in response to the assumptions of Filmer, and as a shield against

arbitrary power. Of different provisions in the Bill of Rights, some

are in the very words of Magna Charta,--others are derived from the

ancient Common Law, the Petition of Right, and the Bill of Rights

of 1688,--while, of the thirty Articles composing it, no less than

nineteen,[37] either wholly or in part, may be found substantially in

the Virginia Bill of Rights: but these again are in great part derived

from the earlier fountains.

[37] Namely, Articles 1, 2, 4-10, 12-18, 20, 26, 30. The Virginia

Bill of Rights consists of sixteen Articles, three of which (the

5th, 6th, and 8th) are divided in the Massachusetts Declaration,

constituting respectively the substance of Articles 30 and 8, 9 and

10, 12 and 13.

* * * * *

And now, Sir, you have before you for revision and amendment this early

work of our fathers. I do not stop to consider its peculiar merits.

With satisfaction I might point to special safeguards by which our

rights have been protected against usurpation, whether executive,

legislative, or judicial. With pride I might dwell on those words

which banished Slavery from our soil, and rendered the Declaration

of Independence here with us a living letter. But the hour does not

require or admit any such service. You have a practical duty, which I

seek to promote; and I now take leave of the whole subject, with the

simple remark, that a document proceeding from such a pen, drawn from

such sources, with such an origin in all respects, speaking so early

for Human Rights, and now for more than threescore years and ten a

household word to the people of Massachusetts, should be touched by the

Convention only with exceeding care.

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