MESSAGE OF GOVERNOR HANCOCK.

[EXTRACT from the Message of His Excellency JOHN HANCOCK, to the Legislature of Massachusetts, relating to the Federal Constitution, as published in the Independent Chronicle, October 25, 1787.]

BOSTON, October 25.

Thursday last, His Excellency the Governor went to the State House, where, in presence of the two branches of the legislature, who had met in the representatives' chamber for the purpose, he addressed them in a speech, as follows:

Gentlemen of the Senate, and

Gentlemen of the House of Representatives:

The general convention having completed the business of their appointment, and having reported to congress, "a constitution for the United States of America," I have received the same from that honorable body, and have directed the Secretary to lay it, together with the letter accompanying it, before the legislature, that measures may be adopted for calling a convention in this Commonwealth, to take the same into consideration. It not being within the duties of my office to decide upon this momentous affair, I shall only say, that the characters of the gentlemen who have compiled this system, are so truly respectable, and the object of their deliberations so vastly important, that I conceive every mark of attention will be paid to the report. Their unanimity in deciding those questions wherein the general prosperity of the nation is so deeply involved, and the complicated rights of each separate state are so intimately concerned, is very remarkable; and I persuade myself that the delegates of this state, when assembled in convention, will be able to discern that which will tend to the future happiness and security of all the people in this extensive country.

THE ACTION OF THE LEGISLATURE.

REPORT of a Discussion upon the Report of a Joint Committee appointed to consider that part of the Governor's Message relating to the Constitution, from the Independent Chronicle, October 25, 1787.]

BOSTON, October 25.

Last Friday a committee of the two branches of the legislature, appointed to consider that part of his Excellency's communication which related to the constitution proposed by the late convention of the states, laid their report before the honorable senate; who, after debating thereon, with that freedom, good humor and candor, which forever does honor to a republican assembly, agreed to the report, with some amendments, and sent it, the day following, to the honorable house of representatives for their concurrence. The substance of the resolutions of the senate, as we are informed, is a reccommendation to the several towns and districts within the Commonwealth, to elect delegates not exceeding the numbers they are empowered respectively by law, to send as members to the house of representatives, and an order to the secretary to transmit printed copies of the papers received from congress relating to the subject, together with the resolutions, to the sheriffs of the counties, by express, with positive directions to them, by themselves, or their deputies, personally, to deliver them to the selectmen of every town and district within their respective counties.

Ten o'clock, yesterday, being the time assigned by the honorable house of representatives, for considering the question, whether the house would concur with the senate in a resolve to call a convention according to reccommendation of congress for the acceptance of the newly proposed plan of federal government, Mr. Parsons moved for the orders of the day, when the resolve which was sent down from the senate, was opened and debated. Dr. Kilham rose and argued very warmly upon the impropriety of being in a hurry about a measure of so much consequence to the community; and said that he understood, many people thought the new system would not go down,

if not suddenly pushed, which was one reason why he was against the measure. He observed upon the right the legisla tures had to appoint the late convention, upon the commission under which our members went to the convention, and upon the question, how far they had abided by that commission. Dr. Kilham dwelt some time, also, upon the right of either convention or people, to absolve the old Confederation, unless in the way stated in the articles themselves. Mr. Parsons and Dr. Jarvis, in what they observed, appeared to express the sense of the house, that so far as Dr. Kilham slid into the merits of the proposed government, so far he was out of the question, which was in fact, only whether the house would concur with the senate, to call the convention. General Brooks made a more particular reply to Dr. Kilham's observations, and pointed out clearly that what the Dr. had said, was matter much better to be before the convention than before that house; and that the Dr. was premature as he was zealous in his reflections upon the subject. Mr. Dawes rose and said, that he should not have arisen, but to combat one idea of Dr. Kilham which, he thought, had not been observed upon by the other gentlemen, which was, "that an adoption of the new constitution would be an unjust breach of the old compact." Mr. Dawes remarked, that he was sorry Dr. Kilham disputed the people's rights so warmly; and that the Dr. was so much against the people's being permitted to think for themselves. Mr. Dawes said, that as to the clause in the old Confederation, that it could not be annulled or altered but in a certain way; he thought it not unlike that law of the Romans, which contained a clause prohibiting any future repeal,-but which succeeding legislatures soon found a way to annul, by repealing that very prohibitory clause. Mr. Dawes ridiculed Dr. Kilham's expectation of civil war and misery being the consequence of only nine states. acceding to the new measures; and said that some writers had thought that the house of Hanover was brought to the English throne by not more than a third of the people, and yet that civil liberty never flourished higher than in the administration of that house; whereas, he said, "the probability was, that the proposed government would take place, if at all, by the wishes of almost all the people of all or most of the states." Many

other observations were made by the above and other gentlemen, but we have neither recollection nor opportunity to add further, only that the question for a concurrence being put, it passed in the affirmative, by a majority of 129 out of 161 voters.

By this resolution, the convention is to meet at the Court House, in Boston, the second Wednesday in January. The senate had determined the meeting at an earlier period, but this was overruled in the house, in consideration of the necessity of sufficient time being allowed to the people to consider and digest a system of government with which the prosperity and happiness of the people of this country is so ultimately connected. The members of the convention are to be chosen in the same manner, by the same description of persons, and to receive the same pay as representatives, with this difference, that the sums due to them in consequence of their services, are to be defrayed from the public treasury, out of any money that shall be there anterior to the sitting of the convention, from any unappropriated funds under the control of government. The words of this resolution correspond exactly with the words of the resolution of the federal convention, and of congress, empowering the respective legislatures to call a convention; and this mode of expression, we suppose, is wisely calculated to prevent those difficulties that might otherwise have arisen.

We have the pleasure of assuring our readers, that the utmost candor and good humor subsisted on this interesting occasion. The galleries were crowded, and hundreds of spectators were admitted on the floor, and on the unoccupied seats of the house, drawn thither by their extreme curiosity and impatience to know the result of this novel and extraordinary debate. On the whole, every thing terminated to the entire satisfaction of this numerous concourse of citizens; and we can only hope and believe from the unanimity on this, that the same liberality and candor will prevail, when this town will be honored by its being the seat of as august a body, as ever sat in this Commonwealth, to amend the defects and imperfections which have so long been complained of in the former Confederation, and to secure peace, liberty and safety to this extensive continent.

RESOLUTIONS FOR THE ASSEMBLING OF THE

CONVENTION.

COMMONWEALTH OF MASSACHUSETTS.

IN SENATE, October 20, 1787.

Whereas, the convention lately assembled at Philadelphia, have reported to congress a constitution for the United States of America, in which convention were represented the states of New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia; which constitution was unanimously approved by the said states in convention assembled: And whereas, that convention resolved that the said constitution should be laid before the United States in congress assembled, and that it was their opinion that it should be submitted to a convention of delegates chosen in each state by the people thereof, under the reccommendation of its legislature, for their assent and ratification; and that each convention assenting to, and ratifying the same, should give notice thereof to the United States in congress assembled.

And whereas, the United States, in congress assembled, by their resolution of the 28th of September last, unanimously resolved, "That the constitution so reported, be transmitted to the several legislatures in order to be submitted to a convention of delegates chosen in each state by the people thereof, in conformity to the resolves of the said convention, in that case made and provided." And whereas, the said constitution has been transmitted to the legislature of this Commonwealth accordingly:

It is, therefore, Resolved, That it be, and it is hereby recommended to the people of this Commonwealth, that a convention of delegates be chosen agreeably to, and for the purposes mentioned in the resolution of congress, aforesaid, to meet at the State House in Boston, on the second Wednesday of January next, and that the constitution so reported, be submitted to the said convention for their assent and ratification; and