town of Sheffield, having been read and committed, and there appearing no evidence, nor any person in support of the allegations therein contained, Ordered, That the said remonstrance be dismissed. Op motion, that the vote for not enjoining the Committee appointed to consider of the expediency of the Convention's removing to another place, &c., to proceed in the business of their commission, be reconsidered, and that the said committee be directed to sit again for further inquiry, the question of reconsideration was put and passed in the negative. 12 The Committee on the remonstrance of certain inhabitants of Great Barrington, reported, unanimously, that it was not sup held the hat for receiving the votes. But instead of sitting it fair and open on the table, as usual, held it in his left hand, pressed close to his breast, receiving the votes from the voters, in general, in his right hand, and putting (or pretending to put) them into the hat himself, at the same time, suffering others to put their hand, shut, into the crown of the hat, so that it could not be known whether they put in one vote or ten. Your remonstrants can truly say that we wish for nothing more than to have a firm, stable, energetic government, both Federal and State, and that these are heartily willing to invest Congress with all those powers which are necessary to enable them to order, direct, protect, secure and defend the United States; but when we see a certain set of men among us not only ravenously greedy to swallow the new Federal Constitution themselves, but making the greatest exertions to ram it down the throats of others, without giving them time to taste it--men, too, who we have reason to imagine expect to have a share in administering the new Federal government-when we see such men fraudulently and basely depriving the people of their right of election, threatening, awing, deceiving, cheating and defrauding the majority in the manner above-mentioned, it is to us truly alarming. We, therefore, beg leave to protest against the pretended election of John Ashley, Jr., Esq., as a delegate for the town of Sheffield, as he has not been elected by the said town for that purpose, and we humbly trust he will not be permitted to a seat. SHEFFIELD, 4th January, A. D. 1788."] 12[The following is a copy of the remonstrance. "To the Honorable Convention of Delegates, to sit at Boston, on the second Wednesday in January, A. D. 1788, for the purpose of taking into consideration the new Federal Constitution : We, the subscribers, inhabitants of the town of Great Barrington, in the County of Berkshire, and freeholders, beg leave to remonstrate to your honors ported, and that the remonstrants have liberty to withdraw the same. Report accepted, and ordered accordingly. Adjourned to Monday morning, 10 o'clock. Met according to adjournment. MONDAY, January 14, 1788. The Constitution or Frame of Government for the United States of America, as reported by the Convention of Delegates, from the United States, begun and held at Philadelphia, on the against the partial and illegal conduct of the Selectmen of said town, at a late meeting for choosing a delegate to represent the said town in said Convention, viz.:-The inhabitants of said town, being convened in town meeting, on the twenty-sixth day of November last, for that purpose, the said Selectmen made proclamation to the people to bring in their votes for a delegate. We soon observed that only two persons were voted for, viz.: William Whiting and Elijah Dwight, Esq. In receiving the votes the Selectmen discovered a strong partiality in favor of the last mentioned candidate, particularly in permitting persons of their own party to vote, who, we presume, were by no means legally qualified, and refusing several of the other party who possessed those qualifications required by the Constitution. Notwithstanding which, after sorting and counting the votes, the said Selectmen made proclamation to the town, that they had chosen Dr. William Whiting to be their delegate, and directed him to be called, that it might be known whether he accepted the office; upon which the said Dr. Whiting publicly declared his acceptance. A Committee was then chosen to draw instructions for his conduct at said Convention, and after withdrawing for some time they returned and offered to report their draft, and although this motion was seconded, and strongly urged by a number of the members, yet no regard was paid to it by the said Selectmen; and at this time it was abundantly evident that the Selectmen had a design to embarrass the meeting, and to nullify their former proceedings, although there was a much larger number of voters collected at this meeting than had been known to attend a town meeting in this town for many years, and although no person pretended to make the least objection to the regularity and legality of the election. And to this end, after deciding several votes by their own authority when they were objected to by a number of the members as not being votes, who urged to have them made certain to no purpose, some time late in the evening, when they imagined so many of their opposers to be gone home that they could carry a majority, a motion was made by their partisans, and immediately put, for adjourning the meeting for one week, and although we presume to say there was not a majority of the voters, then present, in the affirmative, and first Monday of May, 1787, &c., together with the Resolution of Congress, of the 28th of September, 1787, for transmitting the same to the several Legislatures; and the Resolution of the General Court of this Commonwealth, of the 25th day of October, 1787, for calling a Convention, agreeably to the said resolution of Congress, were ordered to be read. On motion, Voted, That the Convention, sensible how important it is that the great subject submitted to their determination should be discussed and considered with moderation, candor and deliberation, will enter into a free conversation on the several parts thereof, by paragraphs, until every member shall have had opportunity fully to express his sentiments on the same, after which the Convention will consider and debate at large the question, whether this Convention will adopt and ratify the proposed Constitution, before any vote is taken expressive of the sense of the Convention, upon the whole or any part thereof.1 Resolve of the General Court of this Commonwealth, of the 10th of March, 1787, appointing Delegates for the Convention of the States, held at Philadelphia, ordered to be read. A motion was made and seconded that the Hon. ELBRIDGE although a number of the members cried out, No vote!' and moved to have it made certain, yet no regard was paid thereto, but after declaring it to be a vote, and that the meeting was adjourned, the Selectmen and Town Clerk took the papers and left the house. up As we presume this to all intents and purposes to be a dissolution of the meeting, we will not trouble your honors with a detail of the irregular and illegal proceedings of the pretended adjourned meeting, but will refer your honors to the depositions herewith exhibited. Therefore, as the said William Whiting was regularly and legally elected by a considerable majority, in a very full meeting, legally warned and convened for that purpose, and was declared so by the Selectmen who there presided, and as he there (being called upon by the Selectmen) publicly declared his acceptance, and as no objection has, or ever could be, made to the legality of his election, and as the pretended election of his competitor is the reverse in almost every circumstance, we appeal to your honors, who doubtless have a right to determine the legality of the election of your own members, and humbly request that he may be admitted to his seat in the Convention, the refusal of the Selectmen to give him a certificate, and the pretended election of Elijah Dwight, Esq., notwithstanding. GREAT BARRINGTON, December, 1787."] 13 [See reconsideration and addition, next day, page 57.] GERRY, Esq., be requested to take a seat in the House, to answer any question of fact, from time to time, that the Convention may want to ask respecting the passing of the Constitution. A motion was then made and seconded that the consideration of the said motion subside, to give place to the following, viz. : That, whereas, the Hon. Elbridge Gerry, Esq., was a delegate from this Commonwealth in the Convention held at Phila delphia, and whereas, he did not sign the Constitution reported by the said Convention, Voted, That the said Elbridge Gerry, Esq., be requested to attend this Convention to state the facts and reasons which induced him to decline signing the same. A motion was then made and seconded, that the consideration of both questions should subside, and the question being put, passed in the negative. The motion that the first question should subside to give place to the second, was then put, and passed in the negative also. The first motion was then put, and passed in the affirmative. Adjourned to 3 o'clock, P. M. AFTERNOON. Met according to adjournment. Ordered, That a Committee of three be appointed to wait upon the Hon. Elbridge Gerry, Esq., and acquaint him with the vote of this morning, requesting him to take a seat in the House, to answer any question of fact, from time to time, that the Convention may want to ask respecting the passing of the Constitution. Mr. Bishop, Mr. Wedgery and Dr. Spring, were appointed on the said committee. Ordered, That the Secretary be permitted to furnish any printer with the proceedings of the Convention, who may apply for the same for the press. On the petition of Benjamin Russell and Messrs. Adams and Nourse, printers, praying to be allowed a place for the purpose of taking minutes of the debates, 14 Ordered, That the Monitors assign a place for the purpose requested. The Convention entered upon the consideration of the Constitution or Frame of Government reported by the Convention held at Philadelphia, and having debated thereon, postponed the further consideration of the same to the morning. Adjourned to Tuesday morning, 10 o'clock. Met according to adjournment. TUESDAY, January 15, 1788. The Committee appointed to wait upon the Hon. Elbridge Gerry, Esq., reported that they had attended the service assigned them. A motion was made and seconded, that the vote of yesterday prescribing the manner of proceeding in the consideration of the Constitution under debate, should be reconsidered, for the purpose of making the following addition thereto, viz.: "It is, nevertheless, the opinion of this Convention, that if any member conceives any other clause or paragraph of the Constitution to be connected with the one immediately under consideration, that he have full liberty to take up such other clause or paragraph for that purpose," and the question of reconsideration being put, passed in the affirmative. 14 [The following petition was sent to the Convention by the printers. "To the Honorable Convention :— The utility, to the public at large, of a faithful account of the proceedings, debates, &c., of the honorable Convention, being taken and published, being generally acknowledged, and the subscribers wishing to furnish, as far as possible, such an account, (and being prevented, by the great numbers who attend in the gallery, from making minutes in that place,) pray this honorable Convention to allow them a place within the walls for that purpose. And, as in duty, shall pray. BOSTON, January 14, 1788."] BENJ. RUSSELL. |