Reminiscences of Sixty Years in Public Affairs, Vol. 1

by George S. Boutwell

I may mention the fact that my father received a unanimous vote for the Convention in Lunenburg, the town of his residence. There were two other cases of the election of father and son as members of the Convention. Marcus Morton and Marcus Morton, Jr.; Samuel French and Rodney French.

The two great subjects of debate and of anxious thought in the Convention were the representative system and the tenure of the judicial office. It was my earnest purpose to preserve town representation and in the debate I made two elaborate speeches. It was then and upon that subject that I encountered Mr. Choate for the first time. He was a supporter, and, of course, the leading advocate of the district system. The Convention adhered to town representation in a modified form. The proposition was defeated by the vote of Boston, which gave a majority against the new Constitution of about one thousand in excess of the negative majority of the entire State.

More serious difficulties, even, were encountered in the attempt to change the tenure of judges. No inconsiderable portion of the Convention favored an elective judiciary. To that project I was opposed. By the co-operation of a number of the members of the coalition party with the Whigs the proposition was defeated. Next, a proposition was submitted by Mr. Knowlton of Worcester, to continue the appointment in the Executive Department, limiting the tenure to seven years. After an amendment had been agreed to extending the term to ten years, the proposition was adopted. With some misgivings I assented to the compromise. The attempt to change the tenure of the judges was a grave mistake, and it was the efficient cause of the defeat of the work of the Convention. Beyond this error, the defeat of the new Constitution was made certain by the course of Bishop Fitzpatrick of the Catholic Church. For many years the Irish population of Boston had acted with the Democratic Party. Upon the question of calling a Convention the adverse majority in Suffolk had been 2,800 only, but upon the question of ratifying the work of the Convention the adverse majority was nearly six thousand. To this result the influence of Bishop Fitzpatrick had contributed essentially. His reason he did not disguise. Portions of Boston were under the control of the Irish. A division of the city would open to them seats in the House and the Senate. The Bishop deprecated their entrance into active, personal politics. Hence he used his influence against the new Constitution. Such was his frank statement when the contest was over.

About the twentieth of June, when I had been a member of the Convention for twenty days only, General Banks said to me that it was the wish of our friends that I should move for a committee to prepare the Constitution for submission to the people. At that time the thought of such a movement had not occurred to me. The committee was appointed upon my motion, and, according to usage, I was placed at the head of it, and from that time I had in my own hands, very largely, the direction of the business of the Convention. As is usual, the work of the committee fell upon a few members. In this case the working members were Richard H. Dana, Jr., and myself. Marcus Morton, Jr., a volunteer, was a valuable aid. After considerable experience in other places I can say that the preparation of the new Constitution was the most exacting labor of my life. The committee were to deal with the Constitution of 1780, with the thirteen amendments that had been adopted previous to 1853, and with thirty-five changes in the Constitution that had been agreed to by the Convention. The practical problem was this:—

(1) To eliminate from the Constitution of 1780 all that had been annulled by the thirteen amendments.

(2) To eliminate from the Constitution of 1780, and from each of the thirteen amendments, all the provisions that would be annulled by the adoption of the thirty-five changes that had been agreed to by the Convention.

(3) To furnish Constitutional language for the new features that were to be incorporated in the Constitution.

(4) To arrange the matter of the new Constitution, and to reproduce the instrument, divided upon topics and into chapters and articles.

All the work under the first two heads was done by myself. The language was so much the subject of criticism and of rewriting that the responsibility for item three cannot be put upon any one. The same may be said of the work under item four; although that work was unimportant comparatively. The copy of the Constitution which was used by me in making the eliminations is still in my possession.

It is to be observed that the Convention did not furnish language in which the amendments that had been agreed to were to be expressed in the Constitution.